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Case Number
Filing # 16980219 Electronically Filed 08/12/2014 10:34:30 AM
IN THE CIRCUIT COURT OF THE SEVENTEENTH
JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA
CIVIL ACTION
NATIONSTAR MORTGAGE LLC, CASE NO.
Plaintiff, DIVISION:
vs.
MARIE BUCKLEY A/K/A MARIE F, BUCKLEY; ANY AND ALL UNKNOWN PARTIES CLAIMING
BY, THROUGH, UNDER, AND AGAINST THE HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO
ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM
AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR OTHER CLAIMANTS; UNKNOWN
PARTY #1 AND UNKNOWN PARTY #2 AND UNKNOWN PARTY #3 AND UNKNOWN PARTY #4, THE
NAMES BEING FICTITIOUS TO ACCOUNT FOR PARTIES IN POSSESSION.
Defendant(s).
VERIFIED MORTGAGE FORECLOSURE COMPLAINT.
Plaintiff, Nationstar Mortgage LLC, sues Defendants, Marie Buckley a/k/a Marie F. Buckley;
Any and All Unknown Parties Claiming By, Through, Under, and Against the Herein Named Individual
Defendant(s) Who Are Not Known to be Dead or Alive, Whether Said Unknown Parties May Claim an Interest as
Spouses, Heirs, Devisees, Grantees, or Other Claimants; Unknown Party #1 and Unknown Party #2 and Unknown
Party #3 and Unknown Party #4, the names being fictitious to account for parties in possession, and alleges:
COUNT I - MORTGAGE FORECLOSURE
1. This is an action to foreclose a mortgage on real property in Broward County, Florida.
2. Defendant, Marie Buckley a/k/a Marie F. Buckley (the “Borrower(s)”), executed a Promissory
Note (“Note”) dated March 7, 2008 and Defendant, Marie Buckley a/k/a Marie F. Buckley, executed a Mortgage
dated March 7, 2008 securing the payment of the Note. The Mortgage was recorded on March 20, 2008, in Official
Records Book 45202, Page 1884 of the Public Records of Broward County, Florida, (All subsequent recording
references are to the public records of Broward County, Florida) and mortgaged the real and personal property
(“Property”) described therein, then owned by and in possession of the Mortgagor(s), a copy of the Note and
Mortgage are attached hereto.
3. Plaintiff is not in physical possession of the Note which is the subject of this action as it has been
lost however, is entitled to enforce the instrument pursuant to Florida Statute 673.3091.
4. The Property is now owned of record by Defendant(s), Marie Buckley a/k/a Marie F. Buckley.
5. Defendant(s) has defaulted under the Note and Mortgage by failing to pay the payment due June 1,
2009 and all subsequent payments have not been made,
6. Plaintiff declares the full amount payable under the Note and Mortgage to be due.
as Borrower(s) owes Plaintiff $324,465.94 that is due on principal on the Note and Mortgage, interest
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 8/12/2014 10:34:29 AM.****from May 1, 2009, late charges, costs of collection and reasonable attorney’s fees, and such other expenses as may
be permitted by the mortgage.
8. All conditions precedent to the acceleration of the Note and foreclosure of the Mortgage have been
performed, have occurred or have been waived.
9. Plaintiff has retained Albertelli Law to initiate and maintain this action and is obligated to pay it a
reasonable fee for its services in bringing this action, as well as all costs of collection, all of which Plaintiff is
entitled to recover from Defendant(s) pursuant to the Note and Mortgage.
10. ‘The interests of each Defendant are subject, subordinate and inferior to the right, title, interest, and
lien of Plaintiff's Mortgage, unless as otherwise provided for by law.
11. Marie Buckley a/k/a Marie F. Buckley may have or claim an interest in the Property that is the
subject of this Foreclosure action by virtue of a Warranty Deed recorded in Official Records Book 7504, Page 990,
or may otherwise claim an interest in the Property. However, any such claim or demand is inferior to the lien of the
Mortgage.
12, Unknown Party #1, Unknown Party #2, Unknown Party #3 and Unknown Party #4, the names
being fictitious to account for parties in possession who may claim some interest in the Property that is the subject of
this foreclosure action by virtue of an unrecorded lease or purchase option, by virtue of possession, homestead rights
not readily apparent from a review of the public records or may otherwise claim an interest in the Property. The
names of these Defendants are currently unknown to the Plaintiff. However, any such claim or demand is inferior to
the lien of the Mortgage.
WHEREFORE, Plaintiff respectfully requests that this Court enter judgment foreclosing the Mortgage and
enter an order; and (a) enumerating all amounts this Court determines due to Plaintiff pursuant to said Note and
Mortgage and award attomeys’ fees, costs, outstanding principal, interest, advances, (b) ordering the Clerk of the
Court to sell the subject property to satisfy the amount due Plaintiff, in whole or in part; (c) adjudging that the right,
title and interest of any party claiming by, through, under or against any Defendant named herein be deemed inferior
and subordinate to the Plaintiff's Mortgage lien and forever be barred and foreclosed; (d) retaining jurisdiction of
this Court in this action to make any and all further orders and judgments as may be necessary and proper, including
issuance of writ of possession and the entry of a deficiency judgment if the proceeds of the sale are insufficient to
pay Plaintiff's claim , ( no deficiency judgment shall be sought against those parties who have discharged the debt in
bankruptcy pursuant to the provisions of the Bankruptcy Code 11 U.S.C. Section 101, et seq. or where a bankruptcy
court only granted Plaintiff or its predecessors-in-interest in rem relief from the bankruptcy automatic stay) and, (e)
for such other and further relief as this Court may deem just and proper.
COUNT I — RE-ESTABLISHMENT OF NOTE
13, This is an action to reestablish a lost promissory note.
14, Plaintiff hereby re-alleges and incorporates all of the allegations contained in the section titled
Count I Mortgage Foreclosure, set forth above.
15, Plaintiff cannot obtain the original Note at this time because the Note is lost or destroyed.16. Plaintiff has directly acquired ownership of the instrument from a person who was entitled to
enforce the instrument when the loss of possession occurred.
17. The loss of possession of the subject Note was not the result of a transfer or a lawful seizure.
18. Plaintiff will establish the terms and conditions of the Note in addition to its right to enforce.
WHEREFORE, Plaintiff requests that the Court re-establish the Note which is secured by the
Mortgage being foreclosed herein, including any additional relief the Court determines to be appropriate.
FL. CIV. 110(b) VERIFICATION
Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and
correct to the best of my knowledge and belief.
Signature: x
Name: _ Trey Cook _ 7
Title:__ Assistant Secretary
Company: Nationstar Mortgage LLC
Date: __ 8/5/2014
Plaintiff, by and through the undersigned attorney, prays this honorable Court grant the above requested
relief and such other relief deemed appropriate and just.
Albertelli Law
P.O. Box 23028
Tampa, Florida 33623
(813) 221-4743
(813) 221-9171 facsimile
eService: servealaw@albertellilaw.com
eee
By ea
ASHLEY ARENAS; ESQ.
FLORIDA BAR NO. 68141
PH - 14-134272 Kelly-Ann Jenkins Esq
Florida Bar #: 693 4g
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Case Number Filing # 16980219 Electronically Filed 08/12/2014 10:34:30 AM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIVIL ACTION NATIONSTAR MORTGAGE LLC, CASE NO. Plaintiff, DIVISION: vs. MARIE BUCKLEY A/K/A MARIE F, BUCKLEY; ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER, AND AGAINST THE HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR OTHER CLAIMANTS; UNKNOWN PARTY #1 AND UNKNOWN PARTY #2 AND UNKNOWN PARTY #3 AND UNKNOWN PARTY #4, THE NAMES BEING FICTITIOUS TO ACCOUNT FOR PARTIES IN POSSESSION. Defendant(s). VERIFIED MORTGAGE FORECLOSURE COMPLAINT. Plaintiff, Nationstar Mortgage LLC, sues Defendants, Marie Buckley a/k/a Marie F. Buckley; Any and All Unknown Parties Claiming By, Through, Under, and Against the Herein Named Individual Defendant(s) Who Are Not Known to be Dead or Alive, Whether Said Unknown Parties May Claim an Interest as Spouses, Heirs, Devisees, Grantees, or Other Claimants; Unknown Party #1 and Unknown Party #2 and Unknown Party #3 and Unknown Party #4, the names being fictitious to account for parties in possession, and alleges: COUNT I - MORTGAGE FORECLOSURE 1. This is an action to foreclose a mortgage on real property in Broward County, Florida. 2. Defendant, Marie Buckley a/k/a Marie F. Buckley (the “Borrower(s)”), executed a Promissory Note (“Note”) dated March 7, 2008 and Defendant, Marie Buckley a/k/a Marie F. Buckley, executed a Mortgage dated March 7, 2008 securing the payment of the Note. The Mortgage was recorded on March 20, 2008, in Official Records Book 45202, Page 1884 of the Public Records of Broward County, Florida, (All subsequent recording references are to the public records of Broward County, Florida) and mortgaged the real and personal property (“Property”) described therein, then owned by and in possession of the Mortgagor(s), a copy of the Note and Mortgage are attached hereto. 3. Plaintiff is not in physical possession of the Note which is the subject of this action as it has been lost however, is entitled to enforce the instrument pursuant to Florida Statute 673.3091. 4. The Property is now owned of record by Defendant(s), Marie Buckley a/k/a Marie F. Buckley. 5. Defendant(s) has defaulted under the Note and Mortgage by failing to pay the payment due June 1, 2009 and all subsequent payments have not been made, 6. Plaintiff declares the full amount payable under the Note and Mortgage to be due. as Borrower(s) owes Plaintiff $324,465.94 that is due on principal on the Note and Mortgage, interest *** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 8/12/2014 10:34:29 AM.****from May 1, 2009, late charges, costs of collection and reasonable attorney’s fees, and such other expenses as may be permitted by the mortgage. 8. All conditions precedent to the acceleration of the Note and foreclosure of the Mortgage have been performed, have occurred or have been waived. 9. Plaintiff has retained Albertelli Law to initiate and maintain this action and is obligated to pay it a reasonable fee for its services in bringing this action, as well as all costs of collection, all of which Plaintiff is entitled to recover from Defendant(s) pursuant to the Note and Mortgage. 10. ‘The interests of each Defendant are subject, subordinate and inferior to the right, title, interest, and lien of Plaintiff's Mortgage, unless as otherwise provided for by law. 11. Marie Buckley a/k/a Marie F. Buckley may have or claim an interest in the Property that is the subject of this Foreclosure action by virtue of a Warranty Deed recorded in Official Records Book 7504, Page 990, or may otherwise claim an interest in the Property. However, any such claim or demand is inferior to the lien of the Mortgage. 12, Unknown Party #1, Unknown Party #2, Unknown Party #3 and Unknown Party #4, the names being fictitious to account for parties in possession who may claim some interest in the Property that is the subject of this foreclosure action by virtue of an unrecorded lease or purchase option, by virtue of possession, homestead rights not readily apparent from a review of the public records or may otherwise claim an interest in the Property. The names of these Defendants are currently unknown to the Plaintiff. However, any such claim or demand is inferior to the lien of the Mortgage. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment foreclosing the Mortgage and enter an order; and (a) enumerating all amounts this Court determines due to Plaintiff pursuant to said Note and Mortgage and award attomeys’ fees, costs, outstanding principal, interest, advances, (b) ordering the Clerk of the Court to sell the subject property to satisfy the amount due Plaintiff, in whole or in part; (c) adjudging that the right, title and interest of any party claiming by, through, under or against any Defendant named herein be deemed inferior and subordinate to the Plaintiff's Mortgage lien and forever be barred and foreclosed; (d) retaining jurisdiction of this Court in this action to make any and all further orders and judgments as may be necessary and proper, including issuance of writ of possession and the entry of a deficiency judgment if the proceeds of the sale are insufficient to pay Plaintiff's claim , ( no deficiency judgment shall be sought against those parties who have discharged the debt in bankruptcy pursuant to the provisions of the Bankruptcy Code 11 U.S.C. Section 101, et seq. or where a bankruptcy court only granted Plaintiff or its predecessors-in-interest in rem relief from the bankruptcy automatic stay) and, (e) for such other and further relief as this Court may deem just and proper. COUNT I — RE-ESTABLISHMENT OF NOTE 13, This is an action to reestablish a lost promissory note. 14, Plaintiff hereby re-alleges and incorporates all of the allegations contained in the section titled Count I Mortgage Foreclosure, set forth above. 15, Plaintiff cannot obtain the original Note at this time because the Note is lost or destroyed.16. Plaintiff has directly acquired ownership of the instrument from a person who was entitled to enforce the instrument when the loss of possession occurred. 17. The loss of possession of the subject Note was not the result of a transfer or a lawful seizure. 18. Plaintiff will establish the terms and conditions of the Note in addition to its right to enforce. WHEREFORE, Plaintiff requests that the Court re-establish the Note which is secured by the Mortgage being foreclosed herein, including any additional relief the Court determines to be appropriate. FL. CIV. 110(b) VERIFICATION Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief. Signature: x Name: _ Trey Cook _ 7 Title:__ Assistant Secretary Company: Nationstar Mortgage LLC Date: __ 8/5/2014 Plaintiff, by and through the undersigned attorney, prays this honorable Court grant the above requested relief and such other relief deemed appropriate and just. Albertelli Law P.O. Box 23028 Tampa, Florida 33623 (813) 221-4743 (813) 221-9171 facsimile eService: servealaw@albertellilaw.com eee By ea ASHLEY ARENAS; ESQ. FLORIDA BAR NO. 68141 PH - 14-134272 Kelly-Ann Jenkins Esq Florida Bar #: 693 4g