Answer: Bank of America NA Plaintiff vs. Ruth Joseph , et al Defendant

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                                Filing # 40101633 E-Filed 04/11/2016 02:37:48 PM

IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT,
IN AND FOR BROWARD COUNTY, FLORIDA

CASE NO: CACE15013633
BANK OF AMERICA, N.A.,
Plaintiff,

vs.

RUTH JOSEPH A/K/A JOSEPH RUTH;
UNKNOWN SPOUSE OF RUTH JOSEPH
A/K/A JOSEPH RUTH; HOUSING
FINANCE AUTHORITY OF LEE
COUNTY, FLORIDA; STATE OF
FLORIDA, BROWARD COUNTY;
BOARD OF COUNTY COMMISSIONERS
OF BROWARD COUNTY, FLORIDA;
UNKNOWN TENANT #1; UNKNOWN
TENANT #2,

Defendant,

PLAINTIFEF’S RESPONSE TO DEFENDANT’S AFFIRMATIVE DEFENSES

 

COMES NOW, Plaintiff, BANK OF AMERICA, N.A. (“Plaintiff”), by and through its
undersigned counsel, and hereby files its response to the Affirmative Defenses filed by Defendant,
RUTH JOSEPH (“Defendants”), and in support thereof states as follows:

J. Plaintiff filed the instant foreclosure action on or about July 30, 2015.

2. Defendant, on August 31, 2015, filed her Motion for Extension of Time, which was denied by
this Honorable Court on November 17, 2015.

3. Defendant, after being served with Plaintiff's Motion for Judicial Default, filed her Motion to
Dismiss on January 27, 2016.

4, The Motion to Dismiss was denied via an Agreed Order on March 1, 2016, giving Defendant
20 days to file an Answer.

04-076810-F00

*** FILED: BROWARD COUNTY, FL: HOWARD FORMAN, CLERK 4/11/2016 2:37:48 PM.****5. Defendant filed her untimely Answer and Affirmative Defenses on April 6, 2016 after getting
served with another Motion for Judicial Default. For the reasons set forth below the affirmative
defenses filed by Defendant are without merit and interposed only for the purpose of delay.

Responses to Affirmative Defenses

6. Inher first affirmative defense, Defendant alleges that Plaintiff has failed to comply with
conditions precedent by failing to pay the documentary stamp taxes on the note. This argument is
specious at best. A copy of the Note, which was attached to the Complaint, is attached hereto as
Exhibit “A.” A review of the top of the first page of the note states that:

“this note is exempt from documentary stamp tax 201.08 F.S. and

Florida nonrecurring intangible tax under 199, F.S., per 159.621

Florida Statutes.”
Since this Note was issued by a housing finance authority, the same cannot be taxed by the State of
Florida. The Note specifically explains to Defendant, and her counsel, why Documentary Stamp
taxes are not required, yet they still assert this frivolous defense. As such, this first affirmative
defense is without merit and should not be considered by this court.

7. Inher second, fourth, and fifth defenses, Defendant alleges that Plaintiff violated the Florida
Deceptive and Unfair Trade Practices Act by not providing all necessary TILA and RESPA
disclosures. First, these defenses are barred by the statute of limitations. Pursuant to 15 U.S.C. §
1640(c), all claims under the Truth in Lending Act must be brought within one year from the date
of the occurrence of the violation. The TILA “violation” occurs when the loan transaction “is
consummated” and “{nJondisclosure is not a continuing violation for purposes of the statute of
limitations.” Velardo v. Fremont Iny. & Loan, 298 Fed. Appx. 890(11th Cir. 2008) See also, Smith
v. Am. Fin. Sys., Inc. (In re Smith), 737 F.2d 1549, 1552 (11th Cir. 1984). Defendants’ loan closed.
on or about July 20, 2011, but Defendant did not file her TULA defense until April 6, 2016, almost

04-076810-F00five years after the loan transaction is consummated. Accordingly, this TILA defense is time-
barred. Furthermore, Defendants fail to allege anything more than a bald assertion of damages as a
result of the RESPA violation, and that is legally insufficient. See Restrepo v. Wells Fargo Bank,
N.A., 2010 U.S. Dist. LEXIS 8924, at *5-6 (S.D. Fla. Feb. 3, 2010) (dismissing RESPA violation
based on bald assertion of actual damages); McWilliams v. Chase Home Fin., LLC, 2010 U.S. Dist.
LEXIS 43549, at *12 (E.D. Mo. May 4, 2010) (stating that a failure to allege a basis for damages
will lead to dismissal of a RESPA claim). As such, these three defenses are legally insufficient and
without merit, and should not be considered by this Court.

8. In her third defense, Defendant alleges that Plaintiff has violated the Fair Debt Collection
Practices Act by calling at improper hours, and also by “attempting to collect on a debt that it knows
or should know is not collectable because the statute of limitations has expired.” This affirmative
defense contains conclusions of law wholly unsupported by any allegations of ultimate fact and is
therefore, legally insufficient Bliss v. Carmona, 418 So. 2d 1017 (Fla. 3d DCA 1982). Affirmative
defenses must be pled with certainty and specificity, otherwise they must be stricken. Cady v. Chevy
Chase Savings and Loan, Inc., 528 So. 2d 136 (Fla. 4" DCA 1988); Steigman v Danese, 502 So.2d
463 (Fla. 1 DCA 1987); Bliss v. Carmona, 418 So. 2d 1017 (Fla. 34 DCA 1982). Defendant has
provided no alleged dates or times of these purported calls, and therefore this defense is insufficient
as a matter of law. Furthermore, as it relates to the Statute of Limitations, the Statute of Limitations
for foreclosure is 5 years from the accrual of the cause of action. Undersigned counsel is unsure of
any possible way this lawsuit can be in violation of the Statute of Limitations, when it was filed
within 5 years of the loans origination, let alone the default. As such, this affirmative defense is
completely meritless and should not be considered by this Court.

9. Jn her sixth affirmative defense, Defendant alleges that Plaintiff comes to the Court with

04-076810-F00unclean hands. This defense contains conclusions of law wholly unsupported by any allegations of
ultimate fact and is therefore, legally insufficient Bliss v. Carmona, 418 So. 2d 1017 (Fla. 3d DCA
1982). Affirmative defenses must be pled with certainty and specificity, otherwise they must be
stricken. Cady v. Chevy Chase Savings and Loan, Inc., 528 So. 2d 136 (Fla. 4" DCA 1988);
Steigman v Danese, 502 So.2d 463 (Fla. 1* DCA 1987); Bliss v. Carmona, 418 So. 2d 1017 (Fla. 3d
DCA 1982). Additionally, the finding of unclean hands requires a showing of unscrupulous practices
and conduct, concealment of important facts, trickery, or taking an unfair advantage of one’s
position. Dale y. Jennings, 107 So. 175 (Fla, 1925). Defendant has failed to provide factual
evidence of any of these things occurring. Moreover, for equitable intervention into mortgage
foreclosure proceedings, specific factual showings are required. United States v. Morrison, 35 Fla.
L. Weekly D94 (Fla. 1 DCA December 31, 2009) (citing David v. Sun Federal Savings & Loan
Association, 461 So, 2d 93 (Fla. 1984)). Modern doctrine rarely permits vague and generalized
equitable notions to raise barriers against the effectuation of explicitly defined contractual rights. See
Smiley vy, Manufactured Hos. Assocs. Ill Ltd. Partnership, 679 So. 2d 1229 (Fla. 2d DCA 1996)
(Stating that only under certain clearly defined circumstances may a court of equity refuse to
foreclose a mortgage. To meet the test under the equitable doctrine of unclean hands, it is almost
always required to show that the mortgagee actively participated in illegal or fraudulent conduct. See,
Dale. Defendant has failed to provide any factual support of Plaintiff participating in illegal or
fraudulent conduct, and therefore this defense is without merit and should not be considered by the
Court.
10. In her seventh affirmative defense, Defendant alleges that Plaintiff failed to comply with

conditions precedent—specifically, failure to send notice required by Paragraph 22 of the Mortgage.

Attached hereto as Exhibit “B,” is a copy of the Mortgage. A review of the same shows that the last

04-076810-F00paragraph is Paragraph 21, therefore this defense is clearly frivolous, as it references a paragraph that
does not exist. As such, this defense should not be considered by this Court.

11. In her eighth affirmative defense, Defendant alleges an argument previously set forth in her
Motion to Dismiss—lack of standing. Defendant specifically states that there is no assignment from
the original lender to Plaintiff. It appears that Defendant has filed her defense without seemingly
looking at the Complaint and the attachments thereto. A copy of the Note is attached hereto as
Exhibit “A.” In order to obtain a judgment of foreclosure, Plaintiff must demonstrate that it has
standing to foreclose. McLean v, JP Morgan Chase Bank, Nat'l Ass'n, 79. So. 3d 170, 173 (Fla. 4h
DCA 2012). Standing is established at the time of filing of the complaint. dm. Home Morlg.
Servicing, Inc. v. Bednarek (132 So. 3d 1222). Possession of the original promissory note, endorsed
in blank, is sufficient to establish that Plaintiff is the lawful holder of the note, entitled to enforce its
terms Riggs v Aurora 36 So. 3d 932 (Fla. 4" DCA 2010). Plaintiff, in this case, is not only the
original lender, it is in possession of the original promissory note with a blank endorsements. It
is clear in Florida that if the note or allonge reflects on its face that the endorsement occurred before
the filing of the complaint, this is sufficient to establish standing. Id., (citing Taylor v. Bayview Loan
Servicing, LLC, 74 So. 3d 115, at 1117-18 (Fla. 2nd DCA 2011)). Since the note attached to the
Complaint contains the endorsement in blank, it is clear that the same occurred prior to the filing of
the Complaint. Clay County Land Trust #08—04-25-0078-014-27 v. JPMorgan Chase Bank, N.A.
152 So. 3d 83 (Fla. 1st DCA 2014) (holding that the Note containing an undated endorsement in
blank was sufficient to prove standing, since it was attached to the Complaint), As such, it is clear
this defense is meritless and filed solely for the purpose of delay.

12. Inher ninth affirmative defense, Defendant states that Plaintiff should not be awared fees
during the pendency of this action as “the foreclosure action languished in this court without
attention by Plaintiff and its counsel.” This is completely without merit, as it has been Defendant

04-076810-F00that has missed multiple deadlines and filed frivolous pleadings in this action. As such, this defense
should not be considered by this Court.

13. In her tenth affirmative defense, Defendant asserts that this claim is barred by the statute
of limitations. Pursuant to 95.11(2)(c)Fla. Stat, an action to foreclose a mortgage shall be
commenced within five years from the time the cause of action accrues. Without getting into the
nuances of a Statute of Limitations analysis, it is clearly not relevant to this action as this matter was
filed within 5 years of the loan being originated, therefore clearly within the statute of limitations.
As such, this defense is clearly frivolous.

14. In her eleventh affirmative defense, Defendant asserts that “Plaintiff failed to mitigate its
damages by suing Defendants without first determining that the amounts under the Note and
Mortgage were tendered and paid to Plaintiff.” This defense is nonsensical, as this action was filed
based on nonpayment, and therefore Defendant’s allegation is without merit and should not be
considered by this Court.

15. In her twelfth affirmative defense, Defendant states that Plaintiff fails to state a cause of
action because “specifically, Paragraph 3 of states that Federal National Mortgage Association is the
owner of the Note.” This statement does not appear anywhere in the Complaint, and once again, it
appears Defendant is filing frivolous defenses that do not relate to the subject action. As such, this
defense is without merit and should not be considered by this Court.

16. Plaintiff reserves the right to supplement or amend this Response.

17. All other grounds may be argued ore tenus.

WHEREFORE, Plaintiff respectfully request that this Honorable Court find that Defendant’s
Affirmative Defenses are legally insufficient, without merit, and do not present a bar to Plaintiff
obtaining judgment, award attorney’s fees and costs to Plaintiff for having to draft this response, and
for such other remedies the Court deems just and proper.

04-076810-F00CERTIFICATE OF SERVICE

1 HEREBY CERTIFY that a true and correct copy of the foregoing was served by Electronic

Mail pursuant to Rule 2.516, Fla. R. Jud. Admin, and/or by U.S. Mail to any other parties in accordance

with the attached service list this

04-0768 10-F00

“day of

fy , 2016.

Matthew Edward Hearne, Esq.
FRENKEL LAMBERT WEISS WEISMAN &
GORDON, LLP

One East Broward Bivd, Suite 1430

Fort Lauderdale, Florida 33301

Tel: (954) 522-3233

Fax: (954) 200-7770

Email: Mhearne@flwlaw.com.

FL Bar #: 84251

DESIGNATED PRIMARY E-MAIL FOR SERVICE
PURSUANT TO ELA. R. JUD. ADMIN 2.516
fleservice@flwlaw.comSERVICE LIST
Case No. CACE15013633

OWEI Z. BELLEH, ESQ.

BROWN & BELLEFH, PLLC.

ATTORNEY FOR RUTH JOSEPH A/K/A JOSEPH RUTH
180] NE 123RD STREET SUITE 409

NORTH MIAMI, FL 33181

OWEI@BELLEHLAW.COM.
ESERVICE@BELLEHLAW.COM

Tel/Fax: 888.450.7999

UNKNOWN SPOUSE OF RUTH JOSEPH A/K/A JOSEPH RUTH NKA ANDREW WIMBLEY
2900 ISLAND DRIVE
MIRAMAR, FL 33023

STATE OF FLORIDA, BROWARD COUNTY
2450 SHUMARD OAK BLVD.

BUILDING I, FLOOR 2

TALLAHASSEE, FL 32399

PHILIP L. BURNETT, P.A.

ATTORNEY FOR DEFENDANT HOUSING FINANCE AUTHORITY OF LEE COUNTY, FLORIDA.
POST OFFICE BOX 2258

FT. MYERS, FL 33902

PHILBURNETT@EMBARQMAIL.COM

OFFICE OF THE COUNTY ATTORNEY FOR BROWARD COUNTY

ATTORNEY FOR BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA
GOVERNMENTAL CENTER, SUITE 423

115 SOUTH ANDERWS AVENUE

FORT LAUDERDALE, FL 33301

RTEITLER@BROWARD.ORG

UNKNOWN TENANT(S)

2900 ISLAND DRIVE
MIRAMAR, FL 33023

04-076810-F00Propared by: NANCY L. IRVING

 

 

199, F.5. RER 159.621 FLORIDA/STATUTES,

2300 ISLAND DRIVE, MYRAMAR, FL 33023
Property Address] :

 

1. PARTIES

“Borrower” means. cath person signing a1 the cnd of this Notc, and the person's successors and assigns, “Lenser” micans
BANK OP AMERICA, N.A.
und its successors and assigns.

2, BORROWER'S PROMISE TO PAY; INTEREST

In retum fora Joan recived from Lender, Borrower promises to pay Ue principal sum of
RTY RIGHT and 90/200

 

ONB HUNDRED FORTY FOUR THOUSAND’ THO REC FOS
Doltars (U.S, $144,248.00 ), plus interest, to the onder of Lender, Interest will be charged.an unpaid principal, trom the date
of disbursement of the loan proceeds by Lender, at the rate of FOUR & 30/100 percent (4.300%) par year

‘uotit the full amount of principal hax been paid.

3. PROMISE'TO PAY SECURED

‘Buyrower’s promise 10 poy is secured by a morignge, deed of trust or similar security instrament that is dated the samme date as
this Nate and called the “Security instwment" The Security Instrumem protects the Lender front tosses which might result it
Borrower defaults under this Note.

4. MANNER OF PAYMENT

A) Time
Borrower shall make a payment of principal and interest to Lender cn the first day of cach month heyinning on
SSPTRNBER 1ST, 2012. Any principal and interest remaining on the first day of AUGUST, 2042, will he due on that
date, whieh is called the “Maturity Date.”
3) Place

Payment shall be made at
P.0. Box 650070, Dallas, T% 75265-0070
‘or at such place as Lender roay designaie in wating by natice io Boros.
{C) “Amount
Bach monthly payment of principal and interest will be in the amonnt of U.S. $723.84 This amoient will be
part of a farger monthly payment required by the Security Instrument, that shall be’applied to principal, itézext and oir items in the
‘adr described in the Security Instrument,
(DP) Allonge to this Note far puyment adjastmeols
IF an allenge providing for payracnt adjustments is executed by Borrower together with thik-Note, the covenants «if the
allonge shall be incorporated into und shall amend and supplement the covenants of this Note if the alfonge ware a port nf itis
Note. {Check applicable box]

(Cl Graduated Payment Allonge {7} Growing Equity kong C1 other fspecity)

 

S. BORROWER'S RIGHT TO PREPAY

Borrowee has the right to pay the debt evidenced by this Note, in whole or in part, without chasge'or penaity, an the first day of
pny month. Lender shall aceept prepayment on other days provided that Borrower pays interest on de umount prepuid for the
Toinainder of the month to the extent required by Lender and permitted by regulations of the, Secsetary. If Borrower makes 2 pastias
peepayment; there will beno changes in the cue date or inthe araount of the monthly payment unless Lender agrees in writing 10 Umse
chaniges.

& BORROWER'S FAILURE TO PAY F
(A) Late Charge for Overdue Payricnts
If Lender has not received the full monihly paynient required by the Security Instrument, as described ia Paragriph a(C) of
this. Noe, by the ond of Gftcen calondar days after the payment is duc, Lender may collect 2 late charge in the amount of
FOUR percent 4,000 %) of the overdue amount of each paymeat
8) Default
If Borrower defavlts by failing to pay in full any monthly payment, then Lander may, except as limited by regulations.of
the Secreiary in the ease of payment defaults, require immedinte payment in ful} of the principal balance rerbaininy eve and ull
accrued interest. Lender may chouse not to exerdise this option withoot waiving its righis in the event of any sohsequent wefaall to
nem circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in fell in whe cust OF
payment defavlis, This Noi docs not ‘authorize acceleration wheri not permitted by HUD regulations. As nsed in Uis Note,
"Secretary" means the Secretary of Hovsing and Urban Devilopinent or his or her designee,

 

 

F Fixed Roto Note-FL 7
COREL (O30 (8, Page tet? FHA Florida Fitod Rata Nola - 1095 Amended 10/96ot | oo  @ 6 eee
(Ch Rayment of Costs uod Expenses
[€ Leader has required immediate payment in’ full, as described above, Lender may require Rarsower 8) pay eosts and
expenses including reasonable and customary attorneys’ {ces for enforcing dis Note to the extent not peabibited by applicaiic tow,
Such fees and costs shall bear intéeest (ror the date of disbursement at the same cate as the principal of this Nove

7. WAIVERS

Rorwer 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 Londer to demand payment of timounts duc. “Notice of dishonor” means the right to texire
Lender to give notice to other persons that amounts due have not been paid.

 

8. GIVING OF NOTICES

Unless applicable law requires a different method, any notice that mast be given to Borrower under uhis Note will be given by
delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower bs
given Lender a notice of Borrower's different address.

Any notice unat must be given to Lender under this Note will be given by first class mail to Lender at the auldress staed in
‘Paragraph 4(B) or at a different address if Borrower is given a notice of tal different address.

9. OBLIGATIONS OF PERSONS UNDER THIS NOTE,

If more than.one person signs this-Note, each person is fully and personally obligated 10 Keep all of the prornises mate in this
Noie, including the promise t0 pay the full amount owed. Any person who js 2 guarantor, sbrety or endarser of this Note is also
obligated 10 do these things. Any person who inkes over these obligations, including the abligations of a guarantar, surcty or cndorser
of this Note, is alxo obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against cach
person individually or against’all sigautories sogether. Any ove person signing dis Note roay be requifed to pay at of the amounts
‘owed uniter this Note.

  

 

BY SIGNING BELOW, Borrower accepts tind agrees 10 the terms. and covenarits contained in this Note,

   

(Sea
“Borrower

Sea)
7 Borrower

  

a Set)

Borwower

——. Seal)

“Burtower

 

{Sign Original Only}

 

HEL LO Ltt DUDE Gi

F Fixod Pato Noto FL,
ROOVR-FL (03107) Page? of 2 FHA Florida Fixed Ralo Nola 10°95 Amonded 10/88PAY TO THE ORDER OF

WITHOUT RECOURSE
BANK OF AMERICA, NA,
BY RECONTRUST COMPANY, NA.

AS ATTORNEYAN-FACT
BY.

LAURIE MEDER
SVPCRN # 110190928, OR BK 48086 Page 1835, Page 1 of 11, Recorded 08/03/2011
01:59 PM, Broward County Commission, Deputy Clerk 3505

L_

Aficy Recording Returs To:
RANK OF AMERTCA, NLA.
ReconTsust Co. /TX2-979-02 -07
2.0, Box 619003

Dallas, TX 75261-9003

‘This document was prepared by:
NANCY [., IRVING
BBNK OF AMERICA, NLA.

5405 CYPRRSS CTR DRIVE #100

 

 

   
 
 

‘TAMPA
FL 33608
[Space Ahove This Line For Recording Data} --—-—
ENA Case No.
State of Florida MORTGAGE
THIS MORTGAGE (‘Security Instrument’) is givenon JULY 20, 2012 «The Monigagor is

RUTH JOSEPH, A STHGLE WOMAN

whose address is
1220 NW 102ND STREET, STANT, PL 33150
Borrower"). This Security Instrument is Riven 1o Mortgage Electronic Registe

 

int, MD

 

‘existing under the laws of Delawate, and has én address and telephone nuribre of P.O, Box 2026,
tel. 688) 679-
BANK OF AM

 

  
  

TCA, N.A.

CLender’) is argantzed and existing under the Inws of THE UNITED STATES «and hos an adress of

101 South Tryon Street, Charlotte, WC 20285

Borrowei owes Lender the principal sum of
ONE HOWORED FORTY FOUR THOUSAND THO HUNDRED PORTY ELGHT and 00/100

Dollars (US:$ 146,246.00 ). This debi is evidenced by Borrower's note dated the same date ax thi

-MERS FHA Mongage-FL
sD0um-FL, (eanana) Poge 3 of 9

i

i

|
"23

aot7

OW

Exhibit_ &

at

 

Systems, Inc. ("MERS"), (safely as,
nominee for Lender, as herelnafier defined, and Lenders successors and assigns). ax mortgagee. MERS is orgs sed andCEN # 110190928, OR BK 48086 PG 1836, Page 2 of 11

case En

Instrument Note"), which provides for monthly payments. with the Full deta. WF not paid earlier. due ae payable on
AUGUST 01, 204% This Security Instrument secures to Lender: (a) the repayment oF the debt exilenced
toy the Note, with interest, and ail renewals, extensions and modifications of the Note: (h) the payment of ai other
sums, with interest, advanced under paragraph 7 19 protect the security of this Security Instrument: sud (c) the
peslormance of Borrower's covenants and agreements under thls Security Instn the Note. Far this purpose
Borrawer does hereby mortgage. grant and convey to MERS Golely as nominee for Lender and Lender's successors
and assigas) and to the successors and assigns of MERS, the following described propesty locate! in

 

 

 

   

SROWARD County, Florida:
TRIS MORTGAGE TS EXEM?T FROM DOCUMENTARY STAMP TAX 202.08 P.S. AND PEOREDA
NONRECURRING INTANGIGZE TAX UNDER 199, F.S. PER 155.621 FLORIDA STATUTES. iat

 

25, Block 84, of MIRAMAR SECTION 11, according te the Plat thereof as recordeé in
Plat Seok 31, Page(s) 47, of the Public Records of BROWARD Covaty, Fiorids

 

Pareel IP Number; $14127-05-0700
‘which bas the address of 2900 ISUAND DRIVE, MIRAMAR
[Street, City]

 

 

Florida 33023 {Property Address")
[Zip Codel

‘TOGETHER.WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances and
fixtures now of hecesfier @ part of the property. AW replacements aind additions shall alsa be covered hy this Security
Instrument. All of the foregoing is referred to in this Security Instrument as the “Property.” Burrowser uinerstarls ant
‘agrees that MERS holds only legal tlle to the interests grated by Borrower in this Security fnsirument: bu ieccessary
10 comply with law or custom, MERS, (as nomince for Lender an Lender's successors and assigns), hs the right; Ww
exercise any ar all of those interests, including, but not Iimited fo. the right lo foreclose and sell the Property: and 10 take
any action required of Leader including, but noi united fo, releasing or canceling this Security Insirument,

  

 

BORROWER COVENANTS that Borrower is tawfully seized of the ‘esiate hereby conveyed! and has the ight to
origage, grant and convey the Property and that the Property is unencumbered, except for encumbraaces wf record,
Borrower warrants and will defend generally the tile 10 the Property against all claims and demaads, subject w any
‘encumbrances af record .

 

 

‘THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants wit Vnsited
-atiations by jurisdietion to coustitute a uniform security Instrument covering real peaperty.

Borrower and Leader covendnt and agree 08 Fallows:

UNIFORM COVENANTS.

1 Payment of Principal, Interest aud Late Charge. Bérrower shall pay when due the p
the debt evidenced by the Note and late charges due under the Note

  

 

pad of, and intedest on,

ERS FHA Morgsge-FL
OOM (08:70) Page 209CON # 110190928, OR BK 48086 PG 1837, Page 3 of 12

oss + occ 2

 

2, Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each munthly payment,
together with dhe principal and Interest as set forth in the Note axed any tate charges, a sura for (a) taxes and special
astessments levied or to be levied against die Property. (0) leaschold payments or ground rents‘on the Propesty, ant
{0 premiums for insurance required undet yaragraph 4. In any yea in which the Lender must pay 9 manage
{insurance premium (o the Secretary of Housing and Urban Development ("Secretary") oF in any year in itich sucht
Jreatluin would have becn requtzed if Lender stll held the Security Insiromern, each monibly payment shall aso
Taclude ether: {()a sum for ite anaual mortgage Insurance premium to be paid by Lender to the Secretary. ot di) a
monthly charge instead of a morigage insurance premluay if this Security Instruments held by the Secretary, in a
reasonable amount io be determined by the Secretary. Except for the monthly churge by the Secretary, these items
ane caied "Escrow Items” and the sums pold 1o Lender are called “Escrow Funds.”

 

   

Lender may. ot any time, collect and-bold amounts for Eserow ‘tems in an aggregate ammouns not 1o exceed: the
maxinum amount that may be required for Borrower's escrow account mnder the Rea Estate Settiement Procedures
‘Aer of 1974, 32 US.C. Section 2601 et seg. and Implementing regulations, 24 CHR Patt 3500. as they may be
amended from time ta time (CRESPA"). except that the cushion or reserve permited by RESPA for usanticipated
disbucsemenls or disbursements liefore the Borrower's payments’are available in the accuunt may nat be based on
amounts due for the mortgage insurancé premium.

  

Wf the amounts held by Lender for Escrow Noms exceed the amounts permitted 1a by held by RESPA, Lender shall
acount to Borrower for the excess funds as required by RESPA. If the amounts of Sunds held by Lender at any time
‘re not sufficient lo pay the Escrow Items when due, Lender may antify the Borrawer and require Borrower 19 make
up the shortage as permitted by RESPA.

‘The Escrow Funds are pledged as artdilional security for all sums secured by this Sccurity Instaument,
If Borrower tenders to fender the full payment uf all such sums, Borrower's account shalt he credited with hie
balance remaining for alt installment items (a). (o}, and (c) and any morgage insurance premium instalment Vat
Lender has not become obligated to pay in the Secretary, and Lender shall prompily refund any excess {unds to
Borrower, Immediately prlor 10 a foreclosure sate of tbe Property or ils acquisition by Lender, Horrawer's secount
shall be credited with ony balance remwining for all installmemas for tems (a), (6). and {c}.

 

3. Application of Payments, Al] payments under paragraphs ( and 2 shall be applied by Lender as follow:
First, to the morigage insurance premium to be paid by Lender 10 the Secretary or ta thee masthly charge by thie
Secretary instead of the monthly morigoge insurance premium;

‘Second, to any taxes, special assessments, leasehold payments or ground reais, nd fire, flood anil omer bavard
insurance preintums, a8 required:

"Thied, 10 interest dae under the Note:

Fourth, 19 amortization ofthe peincipal ofthe Noses and

Fifth 1 late'charges dive under the Note,

 

  

Flood and Other Hazard fnsurance. Borrower shall insure all jmprovements on the Praperty, whether now

‘existence or subsequently erected, agalnst any hazards, casuals, and contingencies. inclading Bee, for which
Lender requires insurauce. ‘This insurance shall be malotaiued in the amnunts and for the periods that Lender
requires. Boreower shall also iasur’ all improvements on the Property. whether now in éxisienice or subsequenily
rected: agoinst loss by floods to thi-extent required by ahe Secretary, All insurance shall he varriedt with comyanis
Spproved by Lender. The Insurance pulleles and any renewale shail. held by Lender and shall inchue: loss
payable clauses in favor of, and in a form acceptable to, Lender.

 

 

Im the event of toss, Borrower shall give Lender Immediate notice by mail, Lender muy niake proof of loss if not
nade promptly by Borrower. Bach insurance company concemed is hereby authorized and direcied 10 make
payment far'such loss directly to: Lender, instead of to Borrewer an to Lender jotnity. -All or any’ pat of the

  

MERS FHA engage FL
OANA (997195 Page ele

aCPN # 110190928, OR BK 48086 BG 1838, Page 4 of 11

a

{insurance proceeds may be applied by Leder, at its option, either fa) (0 the reduction of the indcbteiness under
the Note and ibis Security instrument, first to any delinquent amounts applied in the order in paragraph 3. and
thea {o prepayment of principal. or (b) 40 the restoration or repair af the damaged Propetty. Any application of
the proceeds (0 the principal shall not extend ar postpone the duc date of the monthly payments which are
referred to in paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an
amount required lo pay all outstanding indebiedness under the Note and this Securily Instrument shall be patd to
the entity legally entitind thereto.

In the évent of foreclosure of this Security Instrument or other transfer of ftle to the Property that-eatinguishes the
indebtedness, all righ, (tle and interest of Borrower in and to insurance polities in Force shall pass tothe puomhasce,

Occupancy, Preservation, Muintenance snd Protection of the Property: Horrower’s ‘ean Application:
Leascholds. Borrower shall occupy. establish, and use the Property as Borrower’ principal eesidence whthin sixty
days afier the execuslan of this Security Instrament {or within sixty days af 9 later sate or iransfer of the Property)
and shall continue to occupy the Priperty 2x Borrower's principal residence for at feast one year after the date af
ccenpancy, unless Lender detennines that requirement will cause undue hardship for Borrower, or unless
extenuating circurastances exist which are beyond Borrower's control. Borrower shall watily Lender of any
extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change she
Property ar atlow the Property to deteriorate, reasonable wear and tear excepted. Lenwler may inspect the Peuptrty if
the Properly is vacant ar abandoned or the Joan {5 in default, Lender may take reasonable action to protect ant
preserve such vacant ar ahandoned Property. Borower shall also be in default 1f Borrower. daring the loan
Application process, gave materially false or inaccurate information or statements fo Lender for foiled (o pruvide
Lender with any material iwformation) in conncetion with the toan evidenced by the Note, Including. but nat Jinwted
(a, representations concemning-Buniower's occupancy of the Property ss a principal reskdence, 1f ihis Sees
Inswument is on a leasehold, Borrower shall comply with the provisions af the lease. Hf Borrower acyultes Fee
to the Propeny, the leasehold and fer ile shall noi be merged unless Lendler ngrees to the mvesger in writing

 

 

 

Condemnation. The-proceeds af any awant ar claim for damages, direct or consequential, in Canc with any
‘condginnation or other taking of any pert of the Property. of far conveyence in plare. of conlemmnation, ars Nereby
assigned and shall be paid to Lender (o the extent of the full amount of the indebtedness that rensains unpaid under
the Note and this Security Insirumeni. Lender shall apply such proceeds to the reduction of she indebtedness ander
the Note aid this Security lusirument, Br to any delinguent omounts applied in the order provided in poragraph 3
and then 1a prepayment of principal. Any applicalfon of the proceeds (0 the principal shall not extend or pustprane
the die date of the monthly paymrents, which are referrad fo in paragraph 2, or change the aunt uf suc payenents,
Any eicess proceeds dver an amount required 40 pay ail outstanding indebictuess under the Nore and this Security
‘nstument shall be paid (0 the entity legally entitled thereto,

 

 

Charges 1o Borrower and Protection of Lender's Rights in the Property. Borrower stall pay all povevarnental
of municipal charges, flnes and Smpositions that are not included in paragraph 2. Mrrawer shill pay these
obligations on time ditectly Jo the entity which’is owed the payment. If fallore t9 pay would ailversely affect
Lender's. tnterést in the. Property. upon Lender's cequest Borrower, shall promptly furnish to tcuder recetpts
evidencing these payments:

IF Borrower fails 10 inake these payinents or te payments required by paragraph 2, or fails to perfsran ony other
coverran's and agreements contalned in this Security Instrument, or thee is a legal procceding that may sign‘ficantty
alTect Lender's rights in the Property (such as a proceeding in bankruptcy. far condemnation or to enforce laivs ut
regulattons). then Leader may do and pay whatever Is nocessary to protect she value of the Property and Lender's
fights In dhe Property. Including payntont of faxes, hazard Insurance and other texas mentioned fo pasayraph 2

    

MERS FHA Monigage-Ft
YOONFL (09/10) Page €0l'9

eSCEN # 1101909282, OR BK 48086 PG 1839, Page 5 of 12

10!

‘Any amouiis disbursed by Lender under shis paragraph shall become’an adklitional drt af Borrower and bie secured
hy this Security fnsirument, These amounts shall beat interest from the date of disbursement, attic Note cate, aid at
the uption of Leader, shall be Immediately due and payable,

 

Borrower shall promplly discharge any lien which has priority over this Securtly Tasuuiment unless Rarrawer, 4)
agrees in writing La the payrnent of the obligation secured by ahe lien in a mamier acceptable tn lender; (b} enntests
in good faith the Nien by, or defentis against enforcement of the lien in, Itgol peaceedings which in the Lapeer's
pinioss operate te prevent the enforcement of the en: o {c) secures from the holder oF she lien an agereiment
‘silsfactory to Lender subordinating the lien to this Security tnstrurent. .Wf Lender determines that any part of ihe
Property is subject ta a tien which may atisin prorty over this Securiy Instrument, Lender my give Borrower 3
notice idenitfying the len. Borrower shall salisty the lien or take one oF more of the actions sei fact above whi
AD days of the giving of uatice. :

 

  

Fees, Lender may collect fees and charges authorized by the Secretary.

Grounds for Aéceleration of Debt.

(a) Defauit, Lender may, except as limited by regulations issued by the Sreretary, in the ease of payment defaults,
requice immediate payment in fall ofall sims secured by this Security Instrument if:

1) Borrower defaults hy failing to pay in full any monthly payment required by this Secariiy Insteument
prior to or an the due date of the nest monthly payment, Ot :

(i) Borrower defaults by (ailing, fur a period of dhiny days. 1 perform any other obigaiions contained
in this Security Tustrament

‘Sale Without Credit Approval, Lendr shall, if permitted by applicable law (Including Section 341 {a} nf the

Carn-St: Germain Deposttory Insitutions Act of 1982, 12 U.S.C. 17014-3() and with the prier approval of ihe

Secretary. require immediate payment in fall of all sums secured By tis Security Tastramneytif5

(All or part of the Property, or a beneficial interest in a trust owning all or part of the Property. ts sald oF
otherwise transferred (other tian by devise or desceat), and

(i) ‘The Property & not accupied by the purchaser of grantee as his or her principal restdence, oF Mic
purchaser or grantee does $0 occupy the Praperty but his or ber credit has not heen approved in
acconlance with the requirements uf the Secsetary.

(2) No Waiver. If circumitances occur that would: permit Lender 10 require immediate payment in full, but
Lender does not require such payments, Lender does nol waive its sights with respcet to subsequest events,

e}

(4) Regulations of MUD’ Secretary. In many circumslances regulations issued by the Secretary will lienit
Leader's rights, in the case of payment defaults, to requlre Immediate payment in full and fovectnse if wot pid.
‘This Security Instrument does not authorize acceleration or foreclosute if not permitted hy eputations of che
Secretary.

(©) Mortgage Not fastired, Barrower agrees that if this Security Instrament and the Note are not determined 1

be eliplble for insurance under the National Housing Act within 60 days from the date heseof. Lender may. at
its option. cequire Immediate payment-in full of ail sums secured by this Security Insirumeot. A vrillen
sislemen! of any authosiaed agent of the Secretary dated subsequent to 60 days from the date hereof. decSining,
(or insure this Secuciry lastrument and the Noie. shall be deemed conclusive proof af such twrligitiiy.
Notwithstanding the foregoing. this optton may not be exercised hy Lender when the iinavailability of
fosivance is salely due to Lender's faire to remit mortgage insurance premivim so he Secretary.

  

Reinstatement. Borrower bas a tight to be reinstated if Lender has required immediate payment in fll because of
Borrower's failare to pay an amount due urder the Note or this Securily Instrument, "This right applies qveo after
foceclosure proceedings aré instituted. To reinstate the Security Instrument, Borrower shall tec i x hamp sus all
anvounts cequired (o bring Borrower's account current including: to the exlent they are obfigations of Horrower ander
this Security Instrument, foreclosure custs and seasonable and customary atterncys’ fees and capenses propery
assoclated with the foreclosure proceeding, Upon relnstaiement hy Rocrower, this Security Instrument and the

 

 

MERS FHA Martgoge-FL
‘ooanar foarrg) Poge $ or8

Qo-CEN # 110190928, OR BK 48086 PS 1840, Page 6 of 11

obligations that i secuces shall remaip In effect as I Lender had not required immediate payment in fut, However,
Lender ts not required 10 permit seinstatement if; () Lender has accepted reinstatement afler the consmeaceanent of
foreclosure proceedings within two years immediately preceding the commencement of a current nreckosute
proceeding, (i) reinstatement will preclude Foreclosure an different grownds in the Suture. or (i) reinstatement seit
adversely affect the priosity of the llen exeated by this Security Insirarment.

 

 

1}. Borrower Not Released; Forbearance By Lentler Not» Waiver. Extension of the_time of payment or
modification of amortization of the sums Secured by this Security instrument granted by Lender to any simecesvor i
Imerest of Borrower shaft not operate release the liability of the original Borrower or Borrowers successor it
interest, Leni shall not be required to commence proceedings against any successor in interest or refuse to extewt
tine for payment or otherwise modify amortzalion of the surms secured by this Security fnsicument y reason of any
demand made by the otiginal Borrower af Borrower's successors in interest. Any forbearance by Lender én
exercising any right or remedy shal) not be a walver of or prectode the exerelse of any righ or cemedy.

 

 

 

 

12, Successors and Assigns Bound; Joint and Severst Linbility; Co-Sigaers. The covenants and apreemients of this
Security Instrument shal bind and benefit the successors and assigns of Lender and Borrosver, subject ti dhe
provisions of paragraph 9(6), orrawer's covenants and agreements shall be joint and several, Any ortower who
o-signs this Securlly Instrument but does not execute the Nate: (2) iy co-signing this Scewrity tasrument only (0
‘arigage, grant and convey that Borrower's interés inthe Property nder the terins of this Security Instrument: (i)
is nol persorially obligated fo pay the sums secured by this Security Instrument: ond (c) agrees that Lender and way
tuher Borrower may agree fo exlend, modify. forbear or make any accommodativns with rpard tothe forms oF tis
Security Inswurnent or-the Noie without that Borrower's consent,

 

13, Notices, Any notice-to Hortower provided for In this Secuiity Instrument shail be given by dfivering it ne by
railing it by Pirst class mall unless applicable lay requires use of adosher method. THe notice shall be ected
the Property Address or any other addreis Hortower designates hy notice to, Leader. Any notice to Lender shal te
given by fs) class-mai to Lender's address stated herein ot any address Lender designates vy notice to Rnrrawer,
‘Any nclice provided for in this Seeurty Instrament shal be deemed to have been given ts Borrower or Lender wir
given as provided in this paragraph.

 

14. Governing Low: Severabitity. This Security Instrument shall be governed by Federal law and tlie fiw of the
{jurisdleson in which the Property is tocated. In the event that any pravision ae clanse uf this Security Instrument ot
‘he Note conflicis with appticable law stich conflict shall nol affect other provisions of this Security lastnimeat ér
the Nole which can be given effect without dhe cooMicting provision, To this end Ihe provisions nf this Security
Instrument and the Note are declared to be severable,

 

Borrower's Copy: Borrower shall be given one conformed copy of the Note and of this Security Insiramem

16. Hazardous Substances, Borrower shall not cause oF perinit the presence, use. disposal, storage, or ielease of any
Hazardous Substances an ot in the Property. Borosser shall not do, nor allow anyone else to do, anything affecting
the Pinperty that Is in violation @f any Environmental Law, ‘The preceding two scateacrs shall wot apply 9 the
presence. use, or slorage on the Property of small quantiles of Hazardous Substances that are yeneraly cecognived
fo be appmpriate to normal residertial uses and to maintenance vf the Property.

Borrower shaft prompy give Lender writen notice of any investigation. claim, demand. lawsuit or enh action by
any governmental of regulatory agency er private party involving the Property and any Mavantous Substance ar
Environmental Liw of which Borower has uctial knowledge, IF Borrower Jearas. oF is notified by say
governmental or regulatory authority, that any zemoval or oiher remediation of any Havardous Substances aftveting
fhe Property 1s necessary. Borrower shall prosmpily take al necessary remedial actions in accucdance wih
Environmental Law.

 

MERS FHA Mongoge FL
YODINFL (09718) Page 6018

esCEN # 110190928, OR BK 48086 PG 1841, Page 7 of 12

As used in this paragraph 16, "Hazardous Substances” are thase substances defined as tnxie or hazardous substances
by Environmestal Law and the following substances: gasoline. Kerosene. other flammable nr (oxic pelraleam
products, toxic pesticides ant herbicides. votaile solvents, materials containing asbestos ar formaldehyde, and
Faljoaclive materials. As used in this paragraph 16, “Environmental Law" means fedecal laws and taws of the
Juisdiction where the Property fs locates that relate to health safety of enviconmental protection.

 

NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:

(7. Assignment of Rents. To the exten! permitted by applicabte law. Borrower unconditionally assigns and transfeis 10
Lender all the rentsand revenuss ofthe Property. Borrowes authorizes Lendet or Lender's agents 10 collect thé rents
and revenues and hereby direcis each tenant of the Property to pay the rents to Lender or Lender's agents. Hawever,
prior 10 Lenders notice to Borrower of Borrower's breach of any. covenant or agreenicat In the Security Jnsitunient,
Borrower shall collect and receive all rents and revenues of the Propeny as tustee for the benefit af Lender and
Borrower, ‘This assignment of rents constitules an absolute assignntcet aid wot aa assignment far additional security
only.

If Lender gives notice of breach 10 Borrower: {a) all rents received by Borrower shall be held by Borrower a
trustee for benefit of Lender enly, to be applied to the sims secured by the Security Trstrsmvent:{Q) Lender shall he
entitled to collect and receive all of the rents of the Property: and {c) each tenant oF the Property shal pay all rents
due ancl unpaid to Lender or Lender's agent on Lender's written demand (othe tenant.

‘Borrower fas nod executed any prior assignment of the rents and has not and will not perform any set that wold
prevent Lender fram exercising its rights under ihis paragraph 17,

 

Lender shal! not be required to enter upon, take conisu! of or malntak: the Property before or after giving notice af
breach to Bormnwer. However, Lender or a jadiclatly appointed receiver may do sn ad any rime there is ieeach,
Any application of rents sholl not cure or waive any default or invalidate any other right ar renticdy of Leutler, This
assignment of rents of the Property shafl terminate when the debt secured by the Sccurity lastrameat is pa in full

18, Foreclowure Proceilare, If Lender requires immediote payment io full under parageayh 9. Jewder may
Toreclore this Security Instrument by jodicial proceeding. Lender shall Le entitled to collect all expenses
incurred in porswing the remedies in this parograph 18, incfuding, but not limited to. reasonable anorneys?
fees und costs of title evidence.

 

  

Af the Lender's joterest in this Security Insieumeot ig held by the Sctretnry und the
immedinte payment in full under Paragraph 9, the Secretary may invoke the avnju
provided in the Single Family Mortgage Foreclosure Act of 1995 (“AéI™) (12 U.S.C. 375
requesting 0 foreclosure commissioner designated under the Act to commence foreetosure and tu sell the
Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary nfany
‘otherwise available to.a Lender under this Paragraph 18 or applicable fiw,

  

   

   

 

 

Release. Upon payment-of all sums secured by this Security Instrument, Lender. skill release this Secsrity
Instrument without charge fo Borrower, Borrower shall pay any recordation costs, 7

 

20, Attorneys’ Fees. Aé used in‘this Sccurtly Instrument and the Note, “attoraeys! fees

shall Include any ationeys
fees awarded by an appellate coui.

MERS ERA Mongage-Ft
WOOANGEL (08110) Page 7ol 9CEN # 110190928, OR BK 48086 PG 1842, Page @ of 12

 

  

2D. Hiders to this Security Instrument. Ione oF mote riders are executed by Borrower and recorded toxether witl
Ais Secority Instrument, the covenants of each such rider shall be incosporated into and sholl amend and supptemisnt
the covenants and agreements of this Security Insirument as if Ihe rider(s) were a part af this Security tnstrusntat,
SCheck applicable boxtes)).

[1 Condominium Rider (21 crowing Equity Rider [] Omher |speeity}
(C ptanned Unit Development Rider [7] Graduated Payment Rider TAX EXEMPT: RIDER

 

BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument an In any
rides) executed by Borrower and recorded with i.
Witnesses:

ween Seal
Bomrawer

 

Wedtas wiabley RUT
bets watablig Mio in Gieao otaeer

Miami, FL 33150

eevee ones (Seal)
Bowower

 

_. Seal)
Wiveower

 

(Seal)
Vorrower

 

MERS ERA Mongage-FL
‘oa FL (08710) Page tof 9CEN # 110190928, OR BK 49086 PG 1843, Bage 9 of 12

eee Do |
STATE OF FLORIDA,

eo
“The foregoing instrument was acknowledged before me this 2O™ DAM OF JAW
But ssn

  

 

   
  

 

 

pO Be, Noten Pade Sun
Fe ot Fide — AAALAL
ApS Sentitsane Notary Public

BEF Siesta

 

 

MERS FHA MorungeFl
YOOAMFL (09/10) Poga 9 otCEN # 110190928, OR BK 48086 PG 1844, Page 10 of 11

EXAIBIT E-1
TAX-EXEMPT FINANCING RIDER
[MUST BE ATTACHED TO ALL MORTGAGES}

“THIS TAX-EXEMPT FINANCING RIDER is made this 20th day of July m1
2011 _, and is incorporated into and shall be deemed (o amend and supplement the Mortgage,
Deéd of Trust or Security Deed ("Security Instrument") of the same date given ky the
undersigned ("Mortgagor’) to sceure Mortgagor's Note ("Note") to Bonk af far ender")
of the same date and covering the Property described in the Seeurity [nstrument and loca
(2900 Island Drive, Miramar, FL 33023.

(Property Address)

 

 

   

 

 

In addition to the covenants and agreements made in the Security Instrumear, Mortgagor
and Lender further covenant and agree as follows:

Lender, or such of its successors or assigns as may by separate instrument assume
responsibility for assuring compliance by the Mortgagor with the provisions of this Tox-Excmpt
Financing Rider, may require immediate payment in full of ail suns secured by this Security
[instrument ift

 

{a) All or part of the Property is sold or otherwise transferred (other than by ilevise,
descent oF operation of law) by Mortgagor to a purchaser ar other transferee:

() Who cannot reasonably be expected Wo occupy the Property as a princiyya!
residence. within a reasonable time after the sale or transfer. all as provided
in Sections 143{c) and (2) of the tntemal Revenue Code: or

 

 

Who bas had a present ownership interest in a principal residence du
any part of the three-year period ending on the date of the sule or tnanster,
all as provided in Sections 143(4) und (i)(2) of the Intemal Reveaus Code
{eacept that "100 percent” shall be substituted for “9S percent or more”
where the latter appears in Section 143(€)(1)): oF

 

 

(i