Complaint,Petition: Federal National Mtg Assn Plaintiff vs. Sherman A Rosser, et al Defendant

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                                Case Number: CACE-15-013551 Division: 11
Filing # 30265818 E-Filed 07/30/2015 08:53:22 AM

IN THE CIRCUIT COURT OF THE SEVENTEENTH
JUDICIAL CIRCUIT IN AND FOR BROWARD
COUNTY, FLORIDA. CIVIL DIVISION

CASE NO.

FEDERAL NATIONAL MORTGAGE ASSOCIATION ,

Plaintiff,
vs.
SHERMAN A. ROSSER; JPMORGAN CHASE BANK,
NATIONAL ASSOCIATION AS SUCCESSOR IN
INTEREST TO THE CHASE MANHATTAN BANK AS
INDENTURE TRUSTEE; NOVA NORTH
CONDOMINIUM, INC.; UNKNOWN TENANT NO. 1;
UNKNOWN TENANT NO. 2; and ALL UNKNOWN
PARTIES CLAIMING INTERESTS BY, THROUGH,
UNDER OR AGAINST A NAMED DEFENDANT TO.
THIS ACTION, OR HAVING OR CLAIMING TO HAVE,
ANY RIGHT, TITLE OR INTEREST IN THE
PROPERTY HEREIN DESCRIBED,

Defendants.

COMPLAINT
The Plaintiff, FEDERAL NATIONAL MORTGAGE ASSOCIATION, sues the
Defendants, SHERMAN A. ROSSER; JPMORGAN CHASE BANK, NATIONAL ASSOCIATION AS
SUCCESSOR IN INTEREST TO THE CHASE MANHATTAN BANK AS INDENTURE TRUSTEE;
NOVA NORTH CONDOMINIUM, INC.; UNKNOWN TENANT NO. 1; UNKNOWN TENANT NO. 2;
and ALL UNKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH, UNDER OR AGAINST A
NAMED DEFENDANT TO THIS ACTION, OR HAVING OR CLAIMING TO HAVE ANY RIGHT,
TITLE OR INTEREST IN THE PROPERTY HEREIN DESCRIBED, and alleges:
GENERAL ALLEGATIONS

L JURISDICTION: This is an in rem action for equitable relief or, alternatively, for damages,
which claims are within the subject matter jurisdiction of this Court.

2. NENUE: This is an action that involves parties and property located within the venue of
this Court and venue is otherwise proper pursuant to Chapter 47, Florida Statutes.

3. PARTIES: All parties to this action are properly before this Court, and this Court has

personal jurisdiction over the parties.
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 7/30/2015 8:53:21 AM.****4. SERVICER: Plaintiff has authorized Seterus, Inc. to act as the servicer of the subject note
and mortgage. Plaintiff has authorized Seterus, Inc., in that capacity as servicer, to enforce the terms of the
Note and Mortgage.

5. CONDITIONS PRECEDENT: All conditions precedent to the filing of this action have
been met by Plaintiff.

6. EDCPA: Defendant(s) are hereby provided with validation notice pursuant to the Fair Debt
Collection Practices Act (“FDCPA”) 15 U.S.C.A. 1692. If the Defendant(s) request verification of the
debt, Plaintiff shall suspend its efforts to collect the debt until Plaintiff mails the requested information to the
Defendant(s) requesting the verification.

MORTGAGE FORECLOSURE

ile FORECLOSURE ACTION: This is an action to foreclose a mortgage on real property
(hereinafier the “property”) in Broward County, Florida, more particularly described in the mortgage
attached hereto as Exhibit “A”.

8. EXECUTION AND DELIVERY OF NOTE & MORTGAGE: On July 6, 2001,
Defendant(s), SHERMAN A. ROSSER executed and delivered a promissory note (the “note”) and
Defendant(s), SHERMAN A. ROSSER executed and delivered a purchase money mortgage (the
“mortgage”), which secures payment of the note, to HOMEBANC MORTGAGE CORPORATION, which
mortgage was recorded in Official Records Book 31909 Page 830, of the public records of Broward
County, Florida, and which mortgaged the property. The property was then owned by and in possession of
the mortgagor.

9. HOLDER OF THE NOTE & MORTGAGE: The note and mortgage were subsequently
transferred to Plaintiff. Plaintiff holds the note and morigage. Plaintiff is entitled to enforce the Note
and has the right to foreclose.

10. OWNER OF THE PROPERTY: The Defendant(s) SHERMAN A. ROSSER, own(s) the
property,

i DEFAULT & ACCELERATION: The Plaintiff has not been paid the payment due January
1, 2015, and all subsequent payments, which has resulted in a default of the note and mortgage. Plaintiff

declares the full amount due under the note and mortgage to be accelerated.

212. AMOUNTS DUE: The Plaintiff is owed $72,498.43 that is due as principal on the note
and mortgage, plus interest from December 1, 2014, costs, advances and expenses as provided in the note
and mortgage.

13. ATTORNEYS FEES: Plaintiff has obligated itself to pay the undersigned attomeys a
reasonable fee for their services herein and is entitled to recover said fees pursuant to the terms of the note
and mortgage.

INFERIOR CLAIMANTS:

14, Defendant(s), JPMORGAN CHASE BANK, NATIONAL ASSOCIATION AS
SUCCESSOR IN INTEREST TO THE CHASE MANHATTAN BANK AS INDENTURE TRUSTEE,
may claim, some interest in or lien upon the subject property arising from a mortgage, recorded in Official
Records Book 31909 Page 850, of the public records of Broward County, Florida, which interest is inferior
to Plaintiff's mortgage.

15. Defendant(s), NOVA NORTH CONDOMINIUM, INC., may claim some interest in the
subject property arising from unpaid assessments. This interest, if any, is inferior to Plaintiffs mortgage.

16. Defendants, UNKNOWN TENANT NO. | and UNKNOWN TENANT NO. 2, fictitious
names representing tenants in possession, may claim some interest in the property that is the subject of this
foreclosure action by virtue of being in actual possession of same, but any interest said Defendant(s) may
claim in the subject property , if any, is subject and inferior to the lien of Plaintiffs mortgage.

V7 Defendants, ALL UNKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH,
UNDER OR AGAINST A NAMED DEFENDANT TO THIS ACTION, OR HAVING OR CLAIMING
TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE PROPERTY HEREIN DESCRIBED, may be
interested in the subject matter of this action as unknown spouses, tenants, heirs, devisees, grantees,
assignees, lienors, creditors, trustees or other claimants by through, under or against a known person who is
dead or not known to be dead or alive or by virtue of any interest in or claim to the property which is the
subject of this action or otherwise as the case may be. These interests, if any, are inferior to Plaintiff’s

mortgage.WHEREFORE, Plaintiff prays as follows:

a) That this Court will take jurisdiction of this cause, of the subject matter and the parties
hereto.

b) That this Court ascertain and determine the sums of money due and payable to the
Plaintiff from the Defendants.

c) That the sum of money found to be due as aforesaid be decreed by this Court to be a
lien upon the lands described in Plaintiffs mortgage.

d) That such lien be foreclosed in accordance with the rules and established practice of this
Court, and upon failure of the Defendants to pay the amount of money found to be due by them to the
Plaintiff, the said land be sold to satisfy said lien.

e) That this Court decree that the lien of the Plaintiff is superior to any and all right, title or
interest of the Defendants herein or any person or parties claiming by, through or under them since the
institution of this suit.

f) That all right, title or interest of the Defendants or any person claiming by, through or

under them be forever barred and foreclosed.g) That this Court grant general relief in this cause as in its discretion might be meet and

just including, but not limited to, a deficiency judgment against the obligor of the note, to the extent

permitted by applicable Bankruptcy and State law, if the proceeds of the sale are insufficient to pay

Plaintiff's claim.

By:

SHD Legal Group P.A.

Attorneys for Plaintiff

PO BOX 19519

Fort Lauderdale, FL 33318

Telephone: (954) 564-0071

Facsimile: (954) 364-9252

Service E-mail: answers@shdlegalgroup.com

Adam Willis
Florida Bar No.: 100441

VERIFICATION

Under penalty of perjury, J declare that J have read the foregoing Mortgage Foreclosure Complaint.
and the facts alleged therein are true and correct to the best of my knowledge and belief.

1440-152037 / JLM

Ko

Federal National Mortgage Association ("Fannie
Mae"), a corporation organized and existing under
the laws of the United States of America, by
Seterus, Inc., its Attorney-in-Fact

By: ANN La 2

Name:___ Jeannette L. Cao

 

Job Title:__Foreclosure Specialist

Date: W Y / aFAIR DEBT COLLECTION PRACTICES ACT VALIDATION

Re: Creditor: FEDERAL NATIONAL MORTGAGE ASSOCIATION
Date: JULY 8, 2015
Promissory Note and Mortgage dated: July 6, 2001

Debt Owed: As of the date of this verification, you owe $77194.22, Because of interest, late charges,
attorneys’ fees 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, write the undersigned or call collect (954)-564-0071.

This communication is from a debt collector and this is an attempt to collect a debt owed and any
information obtained will be used for that purpose.

Unless you dispute this debt, or any portion of it, within thirty (30) days after you receive this notice, the
undersigned law firm will assume that said debt is valid.

If you notify the undersigned attorney in writing within the said thirty (30) day period that the aforesaid
debt, or any portion thereof, is disputed, the undersigned attorney will obtain written verification of the debt and
mail it to you.

if the above creditor is not your original creditor and you submit a request within the thirty (30) day period
for the name and address of the original creditor, we will supply such information to you.

Even though you are required to file a response to the lawsuit prior to the thirty (30) days, your validation
rights, as set forth in this notice, shall not expire for the thirty (30) days.

Ifyou do dispute this debt in writing in the thirty (30) day period, we will suspend collection until we send
you verification.

SHD Legal Group P.A.
Attorneys for Plaintiff

PO BOX 19519

Fort Lauderdale, FL 33318
Telephone: (954) 564-0071
Facsimile: (954) 564-9252
Service E-mail:
answers@shdlegalgroup.comEXHIBIT “A”\44o- ($637

CERTIFICATION AS TO ORIGINAL PROMISSORY NOTE

{,Tanis LeFors, an authorized representative of Seterus Inc., the designated loan servicer for the plaintiff,
Federal National Mortgage Association, hereby certify as to the following:

1. Plaintiff is in possession of the original Promissory Note (“Note”) executed by Sherman A Rosser for
7321 SW 25” Court, #1, Davie, Fl 33317.

 

2. As of the date indicated below, the Note is physically located in a document vautt at Seterus, Inc.,
14523 SW Millikan Way, Suite 200, Beaverton, OR 97005.

3. | personally verified such possession at this date and time: June 10, 2015 at 2:38 p.m.

4, Atrue and correct copy of the Note, together with any applicable allonges, is attached to this
certification.

Under penaity of perjury, | declare that | have read the foregoing and that the facts stated in it are true.

Affiant Name:_Tanis LeFors

Affiant Signature: Anan low

Affiant Title:___Collateral Control Specialist

Date: ___June 10, 2015

FOESC.INSTR # 112152518, OR BK 50611 PG 1355, Page 1 of 2, Recorded 03/11/2014 at
03:20 PM, Broward County Commission, Deputy Clerk ERECORD

After recording please return to:
PEIRSONPATTERSON, LLP
ATTN: RECORDING DEPT,
13750 OMEGA ROAD
DALLAS, TX 75244-4505

‘This document prepared by:
PEIRSONPATTERSON, ULP
WILLIAM H. PEIRSON
13750 OMEGA ROAD
DALLAS, TX 75244-4505

‘Tax Parcel ID x es

{Space Above This Line Far Recording Data}

 

 

 

Loan No. gga
FLORIDA ASSIGNMENT OF MORTGAGE

For Value Received, JPMorgan Chase Bank, National Association, the undersigned holder of a Mortgage (herein
“Assignor”) does hereby grant, sell, assign, transfer and convey, unto FEDERAL NATIONAL MORTGAGE
ASSOCIATION, ITS SUCCESSORS OR ASSIGNS, (herein “Assignee”), whose address is 14221 Dallas
Parkway, Suite 100, Dallas, TX 75254, a certain Mortgage dated July 6, 2001 and recorded on July 27, 2001,
made and executed by SHERMAN A. ROSSER to and in favor of HOMEBANC MORTGAGE
CORPORATION, upon the following described property situated in BROWARD County, State of Florida:
Property Address: 7321 SW 25TH COURT #1, DAVIE, PL33317

CONDOMINIUM UNIT NO, 1, OF NOVA NORTH CONDOMINIUM 1, A CONDOMINIUM, ACCORDING
TO THE DECLARATION THEREOF, AS RECORDED GN OFFICIAL RECORDS BOOK 5763, AT PAGE
109, OF FHE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA.

such Mortgage having been given to secure paymeat of ‘Ninety Two Thousand Eight Hundred and 00/100ths
(592,800.00), which Mortgage is of record in Book, Volume or Liber No, 31909, at Page 0830-0848 (or as No.
101212680), in the Recorder's Office of BROWARD County, State of Florida,

TO HAVE AND TO HOLD, the same unto Assignee, its successor and assigns, forever, subject only to the terms and
conditions of the above-described Mortgage.

 

Florida Assignment of Morigage
JP Morgan Chase Bank N.A. Page 1 of2 L73208FL 01/12 Rev, 05/12

AAINSTR # 112152518, OR BK 50611 PG 1356, Page 2 of 2

Assignor has executed this Assignment of Mortgage on

WITNESS WHEREOF, the undersigned

 
 
 

Assignor:
JPMorgan Chase Bank, National Association

Qelting,
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3 S/S, By:
£9 7 =.
22 Denise Henderson
6.
a Is: Vie Preside
am ACKNOWLEDGMENT
State of Louisiana 8 ;
§
Parish of Quachita §
On _ this : tebe AVL. before me appeared
De en » to me personally known, who, being by:
me duly swom (or aimed) id say that he/she is the fies Pr of JPMorgan Chase
Bank, National Association, and that the seal affixed to said instrument is s the corporate seal of said national
association and that the instrument was signed and sealed on behalf of the national association by authority of its
board of directors and that enise Henderson
acknowledged the instrament to be the fiee act and deed of the national association.
Tommie : Nelson & we Miao
, Notary t 0. #067566 2 ae
coin Pari OO Louisiana Name Type, Printed or Stamped
for Life NOTARYPUBLC :
Title and Rank

Horissioned for
Serial Number, if any: Ab, Va
LIFETIME

My Commission Expires:

 

 

(Seal)
Florida Assignment of Mortgage
JP Morgan Chase Bank N.A. Page 2 of 2 L73108FL OW/12 Rev. OS/12.
*INSTR # 111993185, OR BK 50414 PG 948, Page 1 of 1, Recorded 12/18/2013 at
09:36 AM, Broward County Commission, Deputy Clerk ERECORD

When Recorded Retwra To:
JPMorgan Chase Bank, NA

CIO Nationwide Title Clearing, tne.
2100 Alt. 19 Nonh

Palm Harbor, FL 34683

i

ASSIGNMENT OF MORTGAGE

Contact JPEMORGAN CHASE HANK, N.A. for this instrument 780 Kansas Lane, Suite A, Monroe, LA
71203, telephone # (866) 756-8747, which is responsible for receiving payments,

FOR GOOD AND VALUABLE CONSIDERATION, the sufficiency of which is hereby acknowledged, the
undersigned, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., WHOSE ADDRESS IS PO
BOX 2026, FLINT, MI, 48301, (ASSIGNOR), by these presents does convey, grant, assign, transfer and set over
the described Mortgage ‘with all interest secured thereby, all liens, and any rights due or to become due thereon to

JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, WHOSE ADDRESS 15 700 KANSAS LANE,
MC 8090, MONROE, LA 71203 (866)756-8747, ITS SUCCESSORS AND ASSIGNS, (ASSIGNEE),

Said Morgage was made by SHERMAN A. ROSSER end recorded in Official Records of te Clerk of the
Cirenit Comt of BROWARD County, Florida, in Book 31909, Page 0830, and/or Instrument # 101212650, vpon
the property situated in said State and County as more fully described in said Mortgage.

Dated on AZ) LF s ZYUIZMMIDDIVYYY)
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.

Seal)
By: te WUE yy
fo Zoe SUG RESIS 79%a,
ASST, SECRETARY BOE Ly

    

Witnesses: ~ .

 

STATE OF LOUISIANA, PARISH OF OUACHITA

On ZZ. 2 i a (MM/DDIYYYY), before me appeared
ees 10 sie personally Knows, who did say that he/she/they isfare the
ASST. SECRETARY of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. and that the
instrument was signed on behalf of the corporation (or association), by authority from its board of directors, and

that he/she/they acknowledged the instrument to be the free act and deed of the corporation (or association).

a
: OMMIE JNEL: Tommie J, Nelson

 

Notary Public - State of LOUISIANA Notary |.D. #067566
‘Commission expires: Upon My Death Lincoin Parish, Louisiana
Commissioned for Life
ed By: E,LancedNTC, 2100 Alt. 19 North, Palm Harbor, FL, 34683 (800)346-9152
\-~ CHAS! on Sea ns PHONE 1-888-679-6377

[C-2] FRMFLT

eA ‘A HaCRN # 103399682, OR BK 36244 Page 1239, Page 1 of 1, Recorded 10/14/2003 at
03:37 PM, Broward County Commission, Deputy Clerk 2120

RECORDING REQUESTED
AND PREPARED BY:

American Document Services Inc.
JA211 Yorba Street

Tustin, CA 92780

(714) 481-9200

MANNIX RUEDAS (AMBER DOCS)

&

And When Recorded Mail fo:
American Document. Services Inc
24211 Yorba Street:

Tastin, Ch 92780

sans ne. Rea

PHONEH: 6377
Loan#:
Service;

i or wesonow

For good and valuable consideration, the sufficiency of which is hereby
acknowledged, Washington Mutual Home Loans, Inc., 2210 ENTERPRISE DRIVE
FLORENCE SC 29501-0000. Ey these presents does convey, grant, bargain,
sell, assign, transfer and set over to: MORIGAGE BLECTRONIC REGISTRATION
SYSTEMS, INC., P.O. BOX 2026 FLINT MI 45981-0000. The described Mortgage,
together with the certain note(s) described therein with all interest, all
liens, and any rights due or to become due thereon. Said Mortgage for
$92,800.00 is xecoxded in the State of FLORIDA, County of BROWARD Official
Records, dated JULY 06, 2001 and recorded on JULY 27, 2001, as Tastrument
No. 102212650, in Book No. 31909, at Page No. 9830.

 

Original Mortgagox: SHERMAN A. ROSSER, A SINGLE MAN. Original Mortgagee:
HC MORTGAGE CORPORATION.
Date: JULY 06, 200%

WASHINGTON MOTUAL HOME LOANS, INC.

4

 

  

State of ae

GAbrrornra}
County of ORANGE) ss.

On JULY 06, 2001, before me, Carol M. Grant, personally appeared biz
Stetson, Assistant Vice Presideat personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies) and that by
his/her/theix signature(s} on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument,

Witness my hand and official seal. yo netrante
Z, GZ ; Ze ~~ GSE CAROLM.GRANT
PO COMM. 1124206"

s \ iste Gettornio
(Notary Name): Cafol M, Grant 8 neta Pontecaianie

  

iy Corn pm 2, 2004OFN’ # 103192821, OR BK 35778 Page 188, Page 1 of 1, Recorded 06/07/2003 at
04:15 BM, Broward County Comaission, Deputy Clerk 3075

q

When Recorded Return To: eee
Nationwide Title Clearing

2100 Alt 19 North

Palm Harbor, Fl 34683

Document Prepared By:
A, Graham - Nationwide Title Clearing,
2400 Alt 19 North, Pelm Harbor, FL 34683
(800) 346-9152

ts

ASSIGNMENT OF MORTGAGE
FOR GOOD AND VALUABLE CONSIDERATION, the sufficiency of which is

hereby dcknowldged, the usidersigned,
HOMEBANC MORTGAGE CORPORATION, a Delaware Corporation,

whose address is 5775-E Glenridge Drive, Suite 500

Atlanta, GA 30328, (assignor) ,

by these presente does convey, grant, sell, aseign, transfer and
set over the described Mortgage together with the certain note (s)
described therein, without recourse, representation or warranty,
together with all right, title and interest secured thereby,

all liens, and any rights due or to become due thereon to
WASHINGTON MUTUAL HOME LOANS

whose address is

2210 Enterprise Drive, Florence, SC 29501

its succéesor or assigns, (Assignee).

Said Mortgage was made by

SHERMAN A ROSSER

and was recorded in Official Records of the Clerk of the Circuit
Court of BROWARD County, Florida, in Book 31909 , Page 0830

or Instr # 101212680

upon the property situated in said State and County as more fully
described in said mortgage. eet,

"

te

£ 06/02/03 “Oy
ANC MORTGAGE CORPORATION

   

 
  
  

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VICE PRESIDENT B® “SLAW RRO Ss

Whose address is: C/O 2100 At 19 Noch Palm Harbor, Flages ga
“to

STATE OF FLORIDA COUNTY OF PINELLAS

I HEREBY CERTIFY that on this day, before me, an officer duly

authorized in the State and County aforesaid to take acknowledgements
personally appeared MILAGROS MARTINEZ well known to me

to be the VICE PRESIDENT of
HOMEBANC MORTGAGE CORPORATION

, @ corporation, and that s/he acknowledged executing the same freely
and voluntarily under authority duly vested in them by said corporation
and that the seal affixed thereto is the true corporate seal of said

corporation.
WITNESS my hand and official seal in the County and State last
aforesaid this 2nd day o

     
  
  

STEVEN ROGERS
My commission expire: 08/2007

 

AEN A RE) secs 007 . sf ess 2SZWAC3 7
bH4o-153037 NOTE SEER

sve #

duly 6 2002 vw Fort Lauderdale ORIGIN. AN Florida
Date} {city} [State]

7321 SW 25th Court, #1 ‘
Davie, FL 33317
[Property Address}
%

1. BORROWER'S PROMISE TO PAY
In return for a Joan that I have received, I promise to pay U.S. $ / 92,800.00 (this amount is called “Principal”),
plus interest, to the order of the Lender. The Lender is HomeBanc Mortgage Corporation

I will make all payments under this Note in the form of cash, check or money order.
L understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is
enfifled to receive payments under this Note is called the "Note Holder.”

2. INTEREST :
Interest will be charged on unpaid principal until the full amount of Principal bas been paid. 1 will pay interest at a yearly
rate of 7.500 %.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B)
of this Note.

3. PAYMENTS
{A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payment onthe 1st day of each month beginning on September 200% . Iwill

make these payments every mouth until I have paid all of the principal and interest and any other charges described below that I
may owe under this Note. Each monthly payment will, se applied as of its scheduled due date and will be applied to interest
before Principal. If, on August 1 2031V, I stil owe amounts under this Note, I will pay those amounts in full on
that date, which is called the “Maturity Date." :
I will make my monthly payments at P.O. Box 105750 Atlanta, GA 30348-5750
or at a different place if required by the Note Holder.

(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $ 648.88

4. BORROWER’S RIGHT TO PREPAY

I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a
“Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a
payment as a Prepayment if I have not made all the monthly payments due under the Note.

I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my
Prepayments to reduce the amount of Principal that I 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 fo reduce the
Principal amount of the Note, If I make a partial Prepayment, there will be no changes in the due date or in the amount of my
monthly payment unless the Note Holder agrees in writing to those changes.

FLORIDA FIXED RATE NOTE-Single Famity-Fannle Mao/Freddie Mac UNIFORM INSTRUMENT

 

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Zp, owiry) (00051 Form 3210 1/01 i
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ViMP MORTGAGE FORMS - (800)52{-729T"
Page 1 of 3 Initia

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5. LOAN CHARGES

Ef law, which applies to this loan and which sets maxinnum loan charges, is finally interpreted so that the interest or other
Joan charges collected or to be collected in connection with this Joan exceed the permitted limits, then; (a) any such loan charge
shali be reduced by the amount necessary to reduce the charge fo the permitted limit; and (b) any sums already collected from
me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the
Principal I owe under this Note or by making a direct payment to me, If a refund reduces Principal, the reduction will be treated
as a partial Prepayment.

6. BORROWER’S FAILURE TO PAY AS REQUIRED

(A) Late Charge for Overdue Payments

If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days
after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of
my overdue payment of principal aud interest. 1 will pay this late charge promptly but only once on each late payment.

(B) Default.
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default,

{C) Notice of Defauit

IfL am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a
certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all
the interest that Lowe on. that amount. That date must be at least 30 days after the date on which the notice is mailed to me Or
delivered by other means.

(@) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to’ pay immediately in full as described
above, the Note Holder will still have the right to do so if I am in default at a later time.

) Payment of Note Holder’s Costs and Expenses

If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to
be paid back by me for ail of its cosis and expenses in enforcing this Note to the extent not prohibited by applicable law. Those
expenses include, for example, reasonable attorneys’ fees.

7. GIVING OF NOTICES

Unless applicable Jaw requires a different method, any notice that must be given to me 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 I give the Note
Holder a notice of my different 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 3(A) above or at a different address if I am given a notice of that
different address.

8. OBLIGATIONS OF PERSONS UNDER THIS NOTE

If more than one person signs this Note, each person is fully and personally obligated fo keep all of the promises made in
this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is
also obligated to do these things. Any person who takes over these obligations, including the obligations. of a guarantor, surety
or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights
under this Note against each person individually or against all of us together. This means that any one of us may be required to
pay ail of the amounts owed under this Note.

9. WAIVERS

I and. any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
"Presentment" means the right to require the Note Holder to demand payment of amounts due. “Notice of Dishonor" means the
tight to require the Note Holder to give notice to other persons that amounts due have not been paid.

07/06/01 Fon 4101
GB, SN1PL) 0008 pane 2083 or/ee/ot vier

 

 

 

j
i
i.10, UNEFORM SECURED NOTE

This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the
Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed. (the “Security Instrument"), dated the same date as
this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in. this
Note, That Security Instrument describes how and under what conditions I may be zequired to make immediate payment in full
of all amounts I owe under this Note. Some of those conditions are described as follows:

If all ox any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is
not a natural person and a beneficial interest in Borrower is sold 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 exercised by Lender if such exercise is prohibited by Applicable Law.
Jf Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 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 fails to pay these
sums prior to the expiration of this period, Lender may invoke any remedies penmitted by this Security
Instrument without further notice or demand on Borrower.

11. DOCUMENTARY TAX

‘The stafe documentary tax due on this Note has been paid on the mortgage securing this indebtedness,

WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED

 

 

 

 

(Seal)
Borrower
(Seal)
-Borrower
(Seal)
-Bomower Pay to the order of Borrower
Without Recourse
MUTUAL HOME LOANS, Ino,
By Abhi,
(Seal) THore _.Seal)
Borrower Assistant Vice President “Borrower
[Sign Original Only]
EBD, BNIFLY 0008) Page 3 of 8 ar/osjon Form 3210 1/01O04 BME
RECORD & RETURN TO: W/C BOX 3802

2665 Executive Park Drive, Suite 2
Weston, Florida 33331

‘Terramar Guaranty Title & Trust, Inc.

GRMNOM RHONA BAAN

Return To: poi # 101212650
; BK 31909 PG 0830
ATTN: Final Decunenta RECORDED 97/27/2001 09267 Aa
PO Box 105830 pest
Atlanta, GA 30348-5 COUNTY
To = DOC STHP-2 324. 8@
IET TAX 185.66
7 DEPUTY CLERK 208g
This document was prepared by:

HomeBanc Mortgage Corporation
5775-E Glenridge Dr.

Suite 500

Atlanta, GA 30328

 

{Space Above This Line For Recording Data},

MORTGAGE

DEFINITIONS.

Words used in multiple sections of this document are defined below and other words are defined in

Sections 3, 11, 13, 18, 20 and 21, Certain rules regarding the usage of words used in this document are
also provided in Section 16.

(A) "Security Instrument" means this document, which is dated July 6 2001 _
together with all Riders to this document.
{B) "Borrower" is

Sherman A Rosser, A SINGLE MAN

Borrower is the mortgagor under this Security Instrument,

{(C) "Lender" is HomeBanc Mortgage Corporation
Lender is a Corporation
organized and existing under the laws of The State of Delaware

FLORIDA-Single Family-Fannis Mao/Freddie Mac UNIFORM INSTRUMENT

ep, -6(FL} 0005)

Pagat of 18 ite SEQ —
VMP MORTGAGE FORMS - (800)521-7291

Sherman A Rosser
07/06/01
09:49:45 F

Form 3010 1/04OR BK 31909 PE 0831

Lender’s address is 5775-E Glenridge Dr. Suite 500

Atlanta, GA 30328
Lender is the mortgagee under this Security Instrument.
(D) "Note" means the promissory note signed by Borrower and dated July 6 20021
‘The Note states that Borrower owes Lender Ninety Two Thousand Eight Hundred and no/100~-
— Dollars
(U.S, $ 92,800.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than August 1 2031.
(E) "Property" means the property that is described beiow under the heading "Transfer of Rights in the
Property.”
F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note, and all sums due under this Security lustrament, plus interest.
{G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:

  

[1 Adjustable Rate Rider [©] Condominium Rider [7] second Home Rider
Balloon Rider (__] Planned Unit Development Rider [—_] 1-4 Family Rider
[] vA Rider [_] Biweekly Payment Rider [J others) [specify]

{H) "Applicable Law” means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non-appealable judicial opinions,

@ "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.

@) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by
check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic
instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit
or eredit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller
machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse
transfers,

(8) "Escrow Items" means those items that are described in Section 3.

() "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid
by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: G)
damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the
Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the
value and/or condition of the Property.

(MD) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
the Loan.

@®) “Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument,

iret 2
ZPD G1.) 0008) Page 2 of 16 Form 3010 1/01

Sherman A Rosser
7/06/01
OP:49:45 FOR BX 31908 pe 04832

   

(Q) "RESPA" means the Real Estate Settlement Procedures Act (2 U, Section 2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to
time, or any additional or successor legislation or regulation that goverms the same subject matter. As used
in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard
to a “federally related mortgage Ioan" even if the Loan does not quality as a “federally related mortgage
loan" under RESPA.

«P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or
not ihat party has assumed Borrower's obligations under the Note and/or this Security Instrument.

TRANSFER OF RIGHTS IN THE PROPERTY

‘This Security Instrament secures to Lender: (i) the tepayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to
Lender, the following described property located in the County [fype of Recording Jurisdiction)
of BROWARD Florida {Name of Recording Surisdiction}:

CONDSORINIUM UNZT NO. 1, OF NOVA NORTH CONDOWINIUK 7, A CONDOMINIUM, ACCORDING
TO THE DECLARATION THEREOF, AS RECORDED IN OFFICIAL RECORDS BOOK 5763, AT PAGE
109, OF THE PUBLIC RECORDS OF BROWARD COUNTY , FLORIDA.

Parcel ID Number: N/A. which currently has the address of
7321 SW 25th Court, #1 [Street]
Davie {City], Florida 33317 ~~ [Zip Code)

("Property Address");

TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements, appurtenances, and fixtures now or hereafter a part of the property. All xeplacements and
additions shal] also be covered by this Security Instrument. All of the foregoing is referred to in this
Security Instrument as the "Property."

E@ZD-orL 0005 Page 3 of 16 Form 3010 1/01
>

Shersian A Rosser
07/06/01
O9:49:45 FOR BX 31909 PE 0833

BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record, Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject to any encumbrances of record,

THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform.
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.

UNIFORM COVENANTS, Borrower and Lender covenant and agree as follows:

1, Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
Prepayment charges and late charges due under the Note, Borrower shall also pay funds for Escrow Items
pursuant to Section 3, Payments due under the Note and this Security Instrument shall be made in U.S.
currency. However, if any check or other instrument received by Lender as payment under the Note or this
Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments
due under the Note and this Security Instrument be made in one or more of the following forms, as
selected by Lender: (a) cash; (b) money order; (¢) certified check, bank check, treasurer’s check or
cashier’s check, provided any such check is drawn upon an institution whose deposits are insured by a
federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer,

Payments are deemed received by Lender when received at the location designated in the Note or at
such other location as may be designated by Lender in accordance with the notice provisions in Section 15.
Lender may return any payment or partial payment if the payment or partial payments are insufficient to
bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan
current, without waiver of any rights hereunder or Prejudice to its rights to refuse such payment or partial
Payments in the future, but Lender is not obligated to apply such payments at the time such payments are
accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay
interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring
the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply
such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding
Principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower
might have now or in the future against Lender shall relieve Borrower from making payments due under
the Note and this Security Instrument or performing the covenants and agreements secured by this Security
Instrument,

2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, alt
payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest
due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments
shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts
shall be applied first to late charges, second to any other amounts due under this Security Instrument, and
then to reduce the principal balance of the Note.

If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and
the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received
from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment

 

QB -ctF is coos) Page 4 of 18 Form 3010 1/01

Sherman A Rosser
97/06/01
09249246 FOR BK 31909 PE 0834

can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of
one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary
prepayments shall be applied first to any prepayment charges and then as described in the Note.

Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under
the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.

3. Funds for Escrow Items, Borrower shall pay to Lender on the day Periodic Payments are due
under the Note, until the Note is paid in full, a sum {the "Funds") to provide for payment of amounts due
for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a
lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c)
premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance
premiums, if any, or any sums payable by Borrower to Lender in lieu of the Payment of Mortgage
Tasurance premiums in accordance with the provisions of Section 10. These items are called “Escrow
Items." At origination or at any time during the term of the Loan, Lender may require that Community
Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and
assesstuents shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to
be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives
Borrower’s obligation to pay the Funds for any or ail Escrow Items. Lender may waive Borrower's
obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be
in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts
due for any Escrow Items for which payment of Punds has been waived by Lender and, if Lender requires,
shall furnish to Lender receipts evidencing such payment within such time petiod as Lender may require,
Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to
be a covenant and agreement contained in this Security Instrument, as the phrase “covenant and agreement”
is used in Section 9, If Borrower is obligated to pay Escrow Items directly, pursuant to 2 waiver, and
Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9
and pay such amount and Borrower shall then be obligated under Section 9 to repay fo Lender any such
amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in
accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in
such amounts, that are then required under this Section 3.

Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply
the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can
require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and
teasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable
Law.

The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in
any Federal Home Loan Bank. Lender shail apply the Funds to pay the Escrow Items no later than the time
specified under RESPA. Lender shail not charge Borrower for holding and applying the Funds, annually
analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the
Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing
or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower
any interest or eatnings on the Funds. Borrower and Lender can agree in writing, however, that interest

BB,61FL 10005) Page $ of 16 Form 3010 1/01

Sherman A Rosser
07/06/01
09249146 FOR BK 31909 PE 0835

shali be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the
Funds as required by RESPA,

If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to
Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow,
as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12
monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall
notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make
up the deficiency in accordance with RESPA, but in no more than 12 monthly payments,

Upon payment in fall of all sums secured by this Security Instrument, Lender shall promptly refund
to Borrower any Funds held by Lender.

4, Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions
attributable to the Property which can attain priority over this Security Instrument, leasehold payments or
ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To
the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.

Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable
to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith
by, or defends against enforcement of the lien in, legal proceedings which in Lender’s opinion operate to
prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings
are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating
the lien to this Security Instrument, If Lender determines that any part of the Property is subject to a lien
which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the
tien, Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or
more of the actions set forth above in this Section 4. .

Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or
reporting service used by Lender in connection with this Loan.

5. Property Insurance, Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against loss by fire, hazards included within the term. "extended coverage," and any
other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance.
‘This insurance shall be maintained in the amounts (including deductible levels) and for the periods that
Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of
the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender’s
right to disapprove Borrower's choice, which right shall not be exercised ‘unreasonably. Lender may
require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone
determination, certification and tracking services; or (b) a one-time charge for flood zone determination
and certification services and subsequent charges each time remappings or similar changes occur which
reasonably might affect such determination or certification. Borrower shall also be responsible for the
payment of any fees imposed by the Federal Emergency Management Agency in connection with the
review of any flood zone determination resulting from an objection by Borrower.

Gp, srs (ooosi Poge 6 of 16. Form 3010 1/07

Shersan A Rosser
07/06/91
09:49:46 FOR BK 31909 Ps 0836

Jf Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at Lender’s option and Borrower's expense. Lender is under no obligation to purchase any
particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might
not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk,
hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of
insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall
become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest
at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from
Lender to Borrower requesting payment.

All insurance policies required by Lender and renewals of such Policies shall be subject to Lender’s
right to disapprove such policies, shall include a standard Mortgage clause, and shail name Lender as
mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal
certificates. if Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and
renewal notices, If Borrower obtains any form of insurance coverage, not otherwise required by Lender,
for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and
shall name Lender as mortgagee and/or as an additional loss payee.

In the event of foss, Borrower shall give Prompt notice to the insurance carrier and Lender, Lender
may make proof of loss if not made promptly by