Complaint,Petition: Deutsche Bank Nat Trust Company Plaintiff vs. Visconti Condo Assn Inc, et al Defendant

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                                Case Number: CACE-14-016662 Division: 11
Filing # 17578106 Electronically Filed 08/27/2014 01:11:28 PM

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

CASE NO.

DEUTSCHE BANK NATIONAL TRUST COMPANY,
AS TRUSTEE, IN TRUST FOR THE REGISTERED
HOLDERS OF MORGAN STANLEY ABS CAPITAL I
INC TRUST 2007-HE6, MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2007- HE6,

Plaintiff,
vs.
ALEJANDRA MAYORGA; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC AS NOMINEE FOR
WMC MORTGAGE CORPORATION MIN NO.
100136300117713684, VISCONTI CONDOMINIUM.
ASSOCIATION, INC.; CACH, LLC; PORTFOLIO
RECOVERY ASSOCIATES, LLC; 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, DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN
TRUST FOR THE REGISTERED HOLDERS OF MORGAN STANLEY ABS CAPITAL LINC TRUST
2007-HE6, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007- HES, sues the Defendants,
ALEJANDRA MAYORGA; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC AS
NOMINEE FOR WMC MORTGAGE CORPORATION MIN NO. 1001363001 17713684; VISCONTI
CONDOMINIUM ASSOCIATION, INC.; CACH, LLC; PORTFOLIO RECOVERY ASSOCIATES,
LLC; 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:

1
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 8/27/2014 1:01:43 PM.****GENERAL ALLEGATIONS

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

2. VENUE: 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.

4. SERVICING AGENT: Plaintiff has authorized Select Portfolio Servicing, Inc. to act as its
servicing agent. Plaintiff has authorized Select Portfolio Servicing, Inc., in its capacity as Plaintiff's servicing
agent, 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

7. FORECLOSURE ACTION: This is an action to foreclose a mortgage on real property
(hereinafter 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 November 21, 2006,
Defendant(s), ALETANDRA MAYORGA executed and delivered a promissory note (the “note”) and
Defendant(s), ALEJANDRA MAYORGA executed and delivered a purchase money mortgage (the
“mortgage”), which secures payment of the note, to Mortgage Electronic Registration Systems, Inc. as
nominee for WMC MORTGAGE CORP., which mortgage was recorded in Official Records Book 43215
Page 1459, 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 mortgage.

10. OWNER OF THE PROPERTY: The Defendant(s) ALEJANDRA MAYORGA, own(s)}
the property.

lh. DEFAULT & ACCELERATION: The Plaintiff has not been paid the payment due January
1, 2009, 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.

12, AMOUNTS DUE: The Plaintiff is owed $167,565.29 that is due as principal on the note
and mortgage, plus interest from Decmeber 1, 2008, costs, advances and expenses as provided in the note
and mortgage.

13. ATTORNEYS FEES: Plaintiff has obligated itself to pay the undersigned attorneys 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), VISCONTI CONDOMINIUM ASSOCIATION, INC., may claim some
interest in the subject property arising from unpaid assessments. This interest, if any, is inferior to
Plaintiff's mortgage.

15. Defendant(s), MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC AS
NOMINEE FOR WMC MORTGAGE CORPORATION MIN NO. 100136300117713684,' may claim
some interest in or lien upon the subject property arising from a mortgage, recorded in Official Records
Book 43215 Page 1482, of the public records of Broward County, Florida, which interest is inferior to
Plaintiff's mortgage.

16, Defendant(s), CACH, LLC, may claim some interest in or lien upon the subject property
arising from a Final Judgment, recorded in Official Records Book 48597 Page 354, of the public records
of Broward County, Florida, which interest is inferior to Plaintiffs mortgage.

17. Defendant(s), PORTFOLIO RECOVERY ASSOCIATES, LLC, may claim some interest
in or lien upon the subject property arising from a Final Judgment, recorded in Official Records Book
48691 Page 1949, of the public records of Broward County, Florida, which interest is inferior to Plaintiff's

mortgage.18, 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 , ifany, is subject and inferior to the lien of Plaintiff's mortgage.

19, 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 Plaintiff's 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 ther to the
Plaintiff, the said land be sold to satisfy said lien.

€) 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 fimited 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.

SHD Legal Group P.A.

Attorneys for Plaintiff

PO BOX 11438

Fort Lauderdale, FL 33339-1438

Telephone: (954) 564-0071

Facsimile: (954) 564-9252

Service E-mail: answers@shdlegalgroup.com

t

ULL
Adam Willis
Florida Bar No.: 100441

By:

VERIFICATION

Under penalty of perjury, I 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,

DEUTSCHE BANK NATIONAL TRUST COMPANY,
AS TRUSTEE, IN TRUST FOR THE REGISTERED
HOLDERS OF MORGAN STANLEY ABS CAPITAL I
INC TRUST 2007-HE6, MORTGAGE
PASS-THROUGH CERTIFICATES, SERIES 2007-

HE6

Name: Jordan Cox
As the: Document Control Officer

For: Select Portfolio Servicing, Inc.
Date: f ugua \o, ZO[

1162-143268 / ANF

gu 5[[eo- 143268

CERTIFICATION AS TO ORIGINAL PROMISSORY NOTE

1, Barbara Neale, as Document Control Officer for Select Portfolio Servicing, Inc., under

penalty of perjury hereby certify as to the following:

1, Plaintiff is in possession of the original Promissory Note (“Note”) executed by
ALEJANDRA MAYORGA for 9288 W ATLANTIC BLVD 1112 CORAL
SPRINGS FL 33071

2. The Note is physically located at the offices of Select Portfolio Servicing, Inc.
currently located at 3815 S. West Temple Salt Lake City, UT 84115.

3. Barbara Neale personally verified such possession on DATE _02/19/2014_
TIME. [a ip.

4. A true and correct copy of said Note together with any allonges, if applicable, is

attached to this certification.

Signature!

Barbara Neale
Document Control Officer
TitleFAIR DEBT COLLECTION PRACTICES ACT VALIDATION

Re: Creditor: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR
THE REGISTERED HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC TRUST
Date: AUGUST 5, 2014
Promissory Note and Mortgage dated: November 21, 2006

Debt Owed: As of the date of this verification, you owe $278,296.16 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 11438

Fort Lauderdale, FL 33339-1438
Telephone: (954) 564-0071
Facsimile: (954) 564-9252
Service E-mail:
answers@shdlegalgroup.comEXHIBIT “A”i
My

ADJUSTABLE RATS hua
(6-Month LIBOR Index - Rate Caps)
(First Business Day of Preceding Month Lookback)
MAYORGA

sexy 4: GyquERap ‘oan #: SERBS
ae
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE
AND MY MONTBLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE
CAN CHANGE Af ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY.
November 21, 2006 WESTON Florida

Date} [City] {State}
928 WEST ATLANTIC BOULVARD 1112 CORAL SPRINGS, FI 33071

[Property Address] Y
4 BORROWER'S PROMISE TO PAY
In return for a loan that I bave received, I promise to pay U.S.$§ 168,000.00 (this amount is

cailed “Principal”), plus interest, to the order of the Lender. The Lender is WMC MORTGAGE CORP.

» Lwill make all
payments under this Note in the form of cash, check or money order.
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer
and who is entitled 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 has been paid. I will pay
terest ara yearly rate 0k" BT B2B The REE Tat T WL ay Wi Change in accordance Witt Section ¥
of this Note.
The interest rate required by this Section 2 and Section 4 of this Note is the rate 1 will pay both before and
after any default described in Section 7(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month,
Iwill make my monthly payment on the Ist day of each month beginning on January 1,
2007 . 1 will make these payments every month until I have paid all of the principat and interest and any other
charges described below that 1 may owe under this Note. Each monthly payment will be applied as of its scheduled
due date and will be applied to interest before Principal. If,on Recember 1, 2036 2 T still owe
amounts under this Note, I will pay those amounts in full on that date, which is called the “Maturity Date.”
{will make my monthly payments at 4828 Loop Central Drive, Houston, TX

77081-2226 or ata different place if
required by the Note Holder.
(B) Amount of My Initial Monthly Payments
Each of my initial monthly payments will be in the amount of U.S. $ 1,224.16 . This amount
may change.

(C) Monthly Payment Changes
Changes in my monthly payment will reflect changes in the unpaid principal of my loan and inthe interest
rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly
payment in accordance with Section 4 of this Note.
4, INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
‘The interest rate I will pay may change on the first day of December, 2008 _, and may change on that
day every 6th — month thereafter. Bach date on which my interest rate could change is called a “Change Date.”
(B) The Index
Beginning with the first Change Date, my interest rate will be based on an Index, The “Index” is the six
month London Interbank Offered Rate (“LIBOR”) which is the average of interbank offered rates for six-month
US. dollar-denominated deposits in the London market, as published in The Wall Street Journal. The most recent

FLORIDA ADJUSTABLE RATE NOTE ~ 6-month LIBOR Index (First Business Day Lookback) ~ Single Family ~

pocunns Page | of

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Index figure available as of the first business day of the month immediately preceding the month in which the
Change Date oceurs is called the “Current Index.”
If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable
information. The Note Holder will give me notice of this choice,
(©) Calenlation of Changes
Before each Change Date, the Note Holder will caloulate my new interest rate by adding
‘ Six and Iwo Tenths percentage point(s)( 6.200 %)
to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one
porcentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new
interest rate until the next Change Date,

‘The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay
the unpaid principal that I am expected to owe at the Change Date in full on a date thatis 20 years after the
Maturity Date (such date being referred to herein as the “Amortization Date”) at my new interest rate in
substantially equal payments. The result of this calculation will be the new amount of my monthly payment, I
understand that as a result of the Amortization Date being after the Maturity Date, I will have a balloon payment on
the Maturity Date.

@) Limits on Interest Rate Changes

‘The interest rate I am required to pay at the first Change Date will not be greater than. 13..625 % or
less than 8,625 %, Thereafter, my interest rate will never be increased or decreased on any single Change
Date by more than One
percentage point(s) ( 1.000 %) from the rate of interest J have been paying for the preceding 6 months.
My interest rate will never be greater then 15.125 %, or less than 8.625  %.

{E) Effective Date of Changes
My new interest rate will become effective on each Change Date. I will pay the amount of my new
_—____monthly_paymeat-beginning_on_the first-menthly-paymont-date-after-the-Change-Date-until_ the-amount-of-ray-
monthly payment changes again.
@) Notice of Changes

The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of
my monthly payment before the effective date of any change. The notice will include information required by law
to be given to me and also the title and telephone number of a person who will answer any question I may have
regarding the notice.

5. BORROWER'S RIGHT TO PREPAY

Thave 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, | will tell the Note Holder in writing that I am doing
80. 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 acorned and ynpaid interest on the Prepayment amount before applying my
Prepayment to reduce the Principal amount of the Note. If1 make a partial Prepayment, there will be no changes in
the due dates of my monthly payment unless the Note Holder agrecs in writing to those changes. My partial
Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial
Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase.

6. LOAN CHARGES

If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the
interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits,
then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to 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 1 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,

7. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue Payments

If the Note Holder has not received the full amount of any monthly payment by theend of 15 calendar

days after the date it is due, I will pay a late charge tothe Note Holder. The amount of the charge willbe 5.000 %

 

FLORIDA ADJUSTABLE RATE NOTE ~ 6-month LIBOR Index (First Business Day Lookback) — Single Family ~
pocuntss Page 20f4

ee SR RENEE EBS EE
aof my overdue payment of principal and interest. 1 will pay this late charge promptly but only once on each late
payment.
®) Defanit
If do not pay the full amount of each monthly payment on the date it is duo, I will be in default.
(©) Notice of Default

If am in default, the Note Holder may send me a written notice telling me that if 1 do not pay the overdue
amount by 2 certain date, the Note Holder may require me to pay itamediately the full amount of Principal which
has not been paid and al! the interest that I owe on that amount. That date must be at Jeast 30 days after the date on.
which the notice is mailed to me or delivered by other means.

(D) No Waiver by Note Holder .

Even if, at a time when J am in default, the Note Holder does not require me to pay immediately in full as
desoribed 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 bas required me to pay immediately in full as described above, the Note Holder will
have the right to be paid back by me for all of ifs costs and expenses in enforcing this Note to the extent not
prohibited by applicable law, Those expenses include, for example, reasonable attomeys” fees.

8 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 giver 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
Tam given a notice of that different address.

9, OBLIGATIONS OF PERSONS UNDER THIS NOTE
1 more -than-one-person-signs-this Note,-cach-person-is fully: and personally-obligated to-keep-all_of the————______
promises made in this Note, including the promise to pay the full amount owed. Any persoa 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 ail 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 ns may be required to pay all of the amounts owed. under this
Note.
10. WAIVERS

Land 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 right to require the Note Holder to give notice to other persons that amounts due have not
been paid.

11. UNIFORM SECURED NOTE

‘This Noie 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
Justrument”), dated the same date as this Note, protects the Note Holder from possible losses which might result if 1
do not keep the promises which 1 make in this Note. That Security Instrument describes how and under what
conditions | may be required to make immediate payment in full of all amounts 1 owe under this Note. Some of
those conditions are described as follows:

‘Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, “Interest

in the Property” means any legal or beneficial interest in the Property, including, but not limited to, those
beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow
agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser,

If all or 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 Secusity
Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by
Applicable Law. :

If Lender exercises the option to require immediate payment in full, Lender shall give Bomower notice

of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given

FLORIDA ADJUSTABLE RATE NOTE ~ 6-month LIBOR Index (Kirst Business Day Lookback) ~ Single Family --
pocunss Page 3 of 4

pee Bay Mf
!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 permitted by this Seourity Instrument without further notice or demand on Borrower,

12, DOCUMENTARY TAX
‘The state 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.

Alehan ara HOYOGA_ ae [oo

="Bornower - SLEJANDRA MAYORGA - Dave -

 

 

{Sign Original Only]

FLORIDA ADJUSTABLE RATE NOTE ~ 6-month LIBOR Index (First Basiness Day Lookback) - Single Family -
pocwiss Page 4 0f4

ee BL URE HS BAAR[ea 14Baee

CERTIFICATION AS TO ORIGINAL PROMISSORY NOTE

I, Barbara Neale, as Document Control Officer for Select Portfolio Servicing, Inc., under
penalty of perjury hereby certify as to the following:

1. Plaintiff is in possession of the original Promissory Note (“Note”) executed by
ALEJANDRA MAYORGA for 9288 W ATLANTIC BLVD 1112 CORAL
SPRINGS FL 33071

2. The Note is physically located at the offices of Select Portfolio Servicing, Inc.
currently located at 3815 S. West Temple Salt Lake City, UT 84115.

3. Barbara Neale personally verified such possession on DATE 02/19/2014
TIME, (01qp..

4, A true and correct copy of said Note together with any allonges, if applicable, is

attached to this certification.

Signature!

Barbara Neale
Document Control Officer,
Title” Reoarding Requested By:
RICHMOND MONROE GROUP

When Recorded Return To:
RICHMOND MONROE GROUP
458

PO BOX
KIMBERLING CITY, MO 65686

 

 

Broward, Florida REFERENCE @: 477310077 | "MAYORGA

INVESTOR:

 

ERS th 100196200117719608 VRU # 4-808-679.0877

‘OE PEEE ET HUI

Assignor: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (*MERS") AS NOMINEE FOR WMC
MORTGAGE CORP. ITS SUCCESSORS AND ASSIGNS at P.C. BOX 2026, FLINT, MM} 48501-2026.
Assignee: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR THE REGISTERED

HOLDERS OF MORGAN STANLEY ABS CAPITAL! INC.
GERTIFICATES, SERIES 2007-HE6 at C/O SELECT POI

TEMPLE, SALT LAKE CITY, UT 84115.

TRUST 2007-HE6, MORTGAGE PASS-THROUGH
IRTFOLIO SERVICING, INC, 3815 SOUTH WEST

Executed By: ALEJANDRA MAYORGA To: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC,
(MERS") AS NOMINEE FOR WMC MORTGAGE CORP,, ITS SUCCESSORS AND ASSIGNS .

Dato of Mortgage: 11/21/2006 Recorded: 12/08/2008 in Book/ReelfLiber. 43216 Page/Follo: 1459 « 1481 as
Instrument No. 108846977 in Broward County , State of Florida,

Asseseor's/Tax ID No, 484134802180

Property Address: 9288 WEST ATLANTIC BOULVARD 1112, CORAL SPRINGS, FL 33071

KNOW ALL MEN BY THESE PRESENTS thet in vonsideration of tho sum of TEN and NO/{Odths DOLLARS and
other good and valuable consideration, paid to the above named Assignor, the receipt and sufficlancy of which is
hereby acknawtedged, tha said Assignor hereby assigns unto the above-named Assignee, the sald Mortgage having
‘n original principal sum of $168,090.00 with intorest, Securad thereby, togethar with ell moneys now aving or that

may hereafler became dus oF owing in respect thoreof,
and provisos therain contained, snd the said Aesignor
Aasignar's beneficlet Interest under the Mortgage.

TO HAVE AND TO HOLD the said Mortgage,

the terms contained in said Mortgage.

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS")
JUN 2 B20

 

By, .
ear ‘ASSISTANT SECRETARY

WITNESS

 

IRMA DURAN

STATE OF UTAH
COUNTY OF SALT LAKE

JUN 2.6 201k __, notore me, KYLE J STERN
parsonaily appeared BILL KOCH, ASSISTANT SEC

 

and the full benefit of all the powors and of af the covensnis
hereby grants and conveys unto the sald Assignee, the

‘ane also the said property unto the said Assignee forover, subject to

   

IER, a Notary Public In and for SALT LAKE in the State of UTAH,
CRETARY, signing on behalf of Mortgage Electronic Registration

Systems, Inc, CMERS"), personalty known to me {or proved to me on the basis of satisfactory evidence) to be the

persons) wiiose name(s) Isfare subscribed to the within Ins

Irumont and acknowledged to me that hefsherthoy

executed the same in hisihertheir authorized capacity, and that by his/herthelr signeture on the instrument the
person(s), ar the enilty upon behalf af which the person(s) acted, executed the Instrument,

WITNESS my handy

Lilge

      

Nefary Expires: 09/24/2016 #659208

 

KYLE J. STERNER
olary Public State of Utah
‘My Commission Expirax on:

September 24, 2076

 

 

 

 

 

(This ares for notaral ses)

“POCACKAMRCONIEZ016 125000 PAE AteeCZEAMMCEECOODEGOORDUOIERBAROS" FLBROWIAT ATT932077 FLSTATE MORT.ASSIGS ASSH *ACI*ACIKAURC!CORPORATE ASSIGNMENT OF MORTGAGE Pago 2 of 2

Prepared By: BE. KOCH, SELECT PORTFOLIO SERVICING, INC. 3845 SOUTH WEST TEMPLE, SALT LAKE CiTy, UT
84115 000.258.8602

“FRACEGRAGERG NNO 12200 PAT RIRCTRANRCLONETOOOECUCOOESESOH FLBROVIA® 47726077 FLSTATE MOR. ASSIGN. ASSH "ACACAANIG!38 AM, Broward County Commission, Doc M: $588.00 Int. Tax $336,00 Deputy

# 106646977, OR BK 43215 Page 1459, Page 1 of 23, Recorded 12/05/2006 at
Clexk 3305 ed

of

After Raco Return Yor
WG MORTGAGE CORP, ~ POST
CLOSaNS

2 RAMLAND RD
ORANGEBURG, KY 10962
Atta: (Equity Sarvicus)

This Docuxent Prepared By:
MONTQUE WALKER

WMC MORIGAGE CORP.
3100 THORNTON AVENUE

BORBANK, CA 91504

 

[Space Above This Line For Recording Data]

MORTGAGE 2 ese,
socv ¢ fan hos
DEFINITIONS PIN:

‘Words used in multiple sections of this document are dofined below and other ‘words are defined in Sections 3,
Ll, 13, 18, 20 and 23, Certain rules regarding the usage of words ‘used in this document are alsp provided in
Section 16.

(A) “Security Instrument” means this document, which is dated Novenber 21, 2006 , together with
all Rides to bis docunmeat.

{B) “Borrower” is ALEJANDRA MAYORGA SL

Borrower is the mortgagor wader this Security Instrument. 7
(©) “MERS” is Mortgage Electronie Registrtion Systems, Ine, MERS is « separato corporation that is acting
solely as a nominee for Lender and Lender's successors: and assigns. MERS is the mortgagee under this
Sceurity instrument, MERS is organized and oxisting under the laws of Delaware, and has an address and

telephone number of P.O, Box 2026, Fliat, MI 48501-2026, tel. (888) 679-MERS.
@) “Lender” is WHC MORTGAGE CORP.

Loniccisa_ Corporation orgonized and existing under the favs of
CALIFORNIA Lender's address is 3100 THORNTON AVE., BURBANK,
€A 91504~3183

(&) “Note” means the promissory note signed by Borwower and dated Novanbex 21, 2006 . The Note
states that Borrower owes Len

One Hundred Sixty-Bight Thousand And 00/100

Dollars (US.§ 168,000,060 plus interest. Borrower hes promised to poy this debt in regular Periodic
Payments acd to pay the debt in fill not lster than Docamber 1,.2036

(F) “Property” means the property that is described below under the heading “Transfer of Rights in
the Propenty.”

Loma Sineasip Pale Mere Mat UNIFORSENSTRUMENT erm 3010 101 ose Lf pape)

ee cores AUEREIMAZADSYRMNB RNS AL -CFS # 106646977, OR BK 43215 PG 1460, Page 2 of 23

 

SE erronn” means th debt evidenced by the Note, plus interest any propayenent charges BM ic charges dos
under the Note, and tll sams due wider this Security Instrument, plus interest.

GH) “Riders” means all Ridere to this Security Fastrument thet are executed by Borrower. The following Riders
are to be executed by Borrower [check box as applicable):

Ge) Adjostable Rate Rider [J Condominium Rider Cy Second Home Rider
E) Balloon Rider Cl Planned Unit Development Rider] Biweekly Payment Rider
6) 1-4 Banolly Rider Ts] Other(s) [specify] Balloon Rider

© “Applicable Law” means all controlling applicable federtt, stato and local statutes, regulations, ordinances
and administraive rules and orders (that bave the effect of law) as well as all applicable final, nos-appealable
Judicial opinions,

@) “Cornmunity Association Dues, Fees, and Assessments” means all. dues, fees, assessments and other
charges that are imposed on Borrower of the Property by 2 condominium association, homeowners essociaGion oF
Similar organization,

0K) “Electronic Fonds Transfer” means any transfer of funds, other than 2 tansaction originated by check,
dimfi, or similar paper instrument, which it initiated through sn electronic terminal, telephonic instrument,
computer, or magustic tape $0 as to order, instruct, oF authorize a financial institution to debit or exedit an
account. Such ferm includes, but is not Fimited to, point-of-sale transters, automated teller machine transactions,
transfers initisted by telepbone, wire transfers, and automated clearinghouse transfers.

(L) “Escrow Kreme” meine those items that are described in Section 3.

(VD) “Miscellaneous Proceeds” means any compensation, sttilement, award of damages, or procesds paid by
any third party (other than insarance proceeds paid under the coverages described in Section 3) for: (i) damage to,
or destruction of, he Property; (ji) condemnation or ether taking of afl or any part of the Property;
Git) conveyance int lien of condemnation; or (iv) mistepresentations of, or omissions as (0, the value and/or
condition of the Property.

(“Mortgage Insurance” means insurance protecting Lender against the nonpaymiect of, or dafeult on, the Loan,
{O) “Periodic Payment” means the regularly scheduled amount due for () principal and interest under the
Note, plus Gi) any amounts under Section 3 of this Security Instrument.

@®) *RESPA” means the Real Estate Settlement Procedures Act (12 U.S.C. $2601 et seq.) and its implementing
‘regulation, Regulation X (24 CER. Part 3500), as they might be amended fiom time to time, or any additional or
successor legislation or regulation that governs the seme subject matter, As used in this Scourity Instrument,
“RESPA® cefers to all requirements and resteictions that are imposed in regard to a “federally related mortgage
loan" even ifthe Loan does not qualify as a “federally related mortgage loan” under RESPA.

(Q) “Successor in Interest of Borrower” socens any purty that has taken title fo the Property, whether or not
that party has assamed Borrower's obligelions under the Note and/or this Security Instrument.

‘TRANSFER OF RIGHTS IN THE PROPERTY

This Sceurity Instrument secures to Lender: 6) the repayment of the Loan, end. all renewals, extensions and
modifications of the Note; ané (ii) the performance of Borrower's covenants and agroenients under this Security
Instrument oad the Note. For this parpose, Borrower does hereby mortgage, grant and convey (0 MERS (solely as
nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the
following described property located in the
counry

 

of BROWARD :
(Type of Recording Jurisdiction} DName of Recording esisdiction]
LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AND KNOW AS
EXHIBIT ‘A‘.
FLORIOA-Sinnl amiiy-Faale Maetreto Mee UNJFORN INSTRUMENT Fore 3040 U01 (Gace 2f p00)
soaxrie
SEB owrasranes

HLA RRL A atcan &

46.

646977, OR BK 43215 PG 1461, Page 3 of 23

 

ene
‘which currontly has the address of 9288 WEST ANLANTIC BOULVARD 1212.

(Street)
CORAL SPRINGS Florida 32074 (Property Addsess”):
[Cig] [ip Code}

TOGETHER WITH sl) the improvements now or hereafier crecied on the property, and all easements,
sppertenances, and fixturor now or hesvafir a part of the property. All replacements and additions shall also be
covered by this Seourity Instrument, AJI of the forcgoing is refered to in this Security Insuument as
the “Property.” Borrower understands and ogrees that MERS holds only legal title to the interests granted by
Borrower in this Security Instrument, but, if necessary to comply with Jaw or custom, MERS (as nominee for
Lender and Lender's successors and astigns) has the night fo exercise any or all of those interests, including, but
not limited to, the right 10 foreclose and sell the Property; and to take any action required of Lender inchuding, but
not limited to, releasing and canceling this Security Instrument,

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

‘THIS SECURITY INSTRUMENT combines uniforn covenants for national use and non-uniform covenants with
Tisnited 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 dae the principal of, acd interest on, the debt evidenced by the Note and any
prepayment charges and Jate charges éxe under the Note. Borrower shall algo pay funds for Escrow Hems
pursuant. to Section 3, Payments due under the Note and this Security Instrument shall be mad> in U.S. currency.
However, if any check or other instroment received by Lender a5 payment under the Note or this Seourity
Instrument is retamed to Lender unpaid, Lender may sequice that any or all subsequent payments due under the
‘Note and this Security Instrument be made in one or more of the following formas, a8 selected by Lender: (a) cash;
(b) money order; (c) certified check, bank check, trcasvrer's chock or cashier's cheek, provided any such check is
drawn upon an institution whose deposits are insured by « federal agency, instrumentality, or entity; ot
(@) Electronic Fonds Transfer.

Payments arc deemed received by Lender when received at the focation designated in the Note or at such
otber location as way be designated by Lender in accordance with the notice provisions in Section 15. Lender
may return any payment or pertial payment if the payment or partial payments are ingufficfent to bring the Loan
current. Lender may accept any payment or partial payroent insufficient to bring the Loan current, without waiver
of any rights hereunder or prejudice to its rights to refuse euch payment or partial paymeats in the forure, but
Lender is not cbligated to apply soch payments atthe time such payments are accepted. If each Periodic Payment
is applied as of its scheduled due date, shen Lender need not pay interest on unapplied funds. Lender mey hold
such unapplied funds unti) Borrower makes paymeat to bring Uie Loan current. If Borrower dacs not do sowithin
‘2 reasonable period of time, Lender shall either apply such funds or return thera to Borrower. If not epptiod
Carlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to
foreclosure, No offset or claim which Borower right have now or in the future ageinst Leader shall relieve
Borrower from making payments due under the Note and this Security Instrument or performing the covewants
and agreements secured by this Security Instrument.

2, Application of Payments or Proceeds. Excopt as otherwise described in this Section 2, all
peyments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due
‘under the Noto; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be
agplied to each Periodic Paysoeat in tho order in which it became due. Any remaining amounts shall be applied
first to lale changes, second to any other amounts dus under this Security Instrument, and then to reduce the
principal balance of the Note,

 

ELORIOA-Singl Fonlly-Puabe Mat/Fedie Mac UNIFORM INSTRUMENT Pore: 308610 Gone Sef 4 pose)

Semi eee RCNENENORANT gh a1CRN # 106646977, OR BK 43215 PG 1462, Page 4 of 23

If Lender receives @ payment fiom Borrower for a delinquent Periodic net AB incoles @
sufficient amount to pay any Inte charge due, the payment may be applied to the delinquent payracot and the lore
charge, Hf more than one Periodic Payment is outstanding, Lender may apply any payment received from
Borrower to the sepaymeat of the Periodic Payments if, and to the extoot that, each payment can be patd in full.
To the extont that any excess exists after the payment is epplied to the full payment of ane or mors Periodic
Payments, such excess sway be applied to any late charges due. Voluntary prepeysneas shail be applied first to
any prepayment charges and then as described in the Note.

‘Aay application of paymeats, insurance proceeds, or Miscellancous 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 Mems. Bonower shall pay to Lender on the day Periodic Payments are due
under the Note, until the Note is paid io full, » sum (the “Funds") to provide for payment of amounts due for:
{@) taxes and assossments and other items which can attain priority over this Security Instrument as a lien or
‘encumbrance on the Property; (b) leasehold payments or grouad rents on the Property, if any; (c) promiuis for
any and all insarance required by Lender under Section 5; and (2) Mortgage Tnsorance premiums, if any, or any
sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance promiums in aocordance with
the provisions of Section 10, These items are called “Escrow Hem.” At origination o* at soy time during tbe team
of the Loan, Leader may require that Community Association Dues, Fees, and Assessments, if any, be escrowed
by Borrower, and such does, fees and esscssments shall be au Escrow Item. Borrower shall promptly furnish to
Lender alf notices of amounts to be paid under this Section, Borrower shali pay Lender the Funds for Escrow
ems unless Lender waives Borrower's obligation to pay the Funds for any or all Eserow Items. Lender may
waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver
muy only be in writing, Ia the event of sach waiver, Borrower shall pay direotly, when and where peyable, the
mounts due for any Escrow Hems for which payment of Fusds hag been waived by Lender and, if Lender
requites, shall furnish 10 Lender receipts evidencing such payment within such time period as Lender may
require, Borrowor'e obligation to make sucb paymeats and to provide receipts shell for all purposes be doerncd to
bo a covenant and agreement contained in this Security Instrament, as the phrase “covenant and agreement” is
used in Section 9, If Borrower is obligated to pay Excrow Items directly, pursuant to a 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 sball then be obligated onder Section 9 to repay to Lender any such amount. Lender snay revoke
the waiver as to auy or all Eserow Items at any time by a notice given in accordance with Section 15 and, upon
such revovation, Borrower shell pay to Lender all Funds, and in such amounts, that are then zequired under this
Seotion 3,

‘Lender may, at any time, collect and hold Funds én an amount (a) sufficient to permit Lender to apply
the Funds at the time specified under RESPA, md (b) not to exceed the maximum amount a fender can require
under RESPA, Lender shall estimato the arcount of Funds due on the basis of current data and reasonable
‘estimates of expenditures of future Escrow Items or otberwise in sccordance with Applicable Law.

“The Funds shall be holdin an instiation whose deposits are insured by a federal agency, instrumentality,
or entity (including Lender, if Lender is an institotion whose deposits are so insured) or in any Federal Home
Loan Bank. Leader shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA.
Lander shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or
verifying the Escrow Stems, unless Lendor 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 roquiros interest fo be
paid on the Funds, Lender shall not be required to pey Borrower any interest or carings on the Funds, Borrower
‘od Lender can eprec fa viting, however, that intorest shall 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 Punds held in escrow, as defined under RESPA, Lender shall account to Borrower
for the excess funds in accosdance 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, there
is 0 deficiency of Funds held in escrow, as defined woder RESPA, Lender shall notify Borrower as required by

 

RLORIDA-SoseFeliy-Pantle Mas/Freddle Mee UNJRORSE INSTRUMENT orm 201010 ete ¢of epee)

men es SLR RALTRORRAARIE A pyCRN # 106646977, OR BK 43215 PG 1463, Page 5 of 23

ea" SOSA
SPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with
RESPA, but inno more than 12 monthly payments.

Upon payment in full of all suns secured by this Security fastument, Lender shall promptly refund to
Borrower any Funds held by Lender.

‘4. Chasges; Liens, Borrower shell pay all taxes, assossments, charges, fines, and impositions
attributable to the Property which can attain priority over this Security Instrument, leasehold payments of ground
seats on the Property, if any, and Coramunity Association Dues, Fees, and Assessments, if any. To the extent that
hese items arc Escrow Hers, Borrower shell pay them in the menaer provided in Section 3.

Borrower shall promptly discharge any Hen which hes prlority over this Security Instrument unless
Borrower: (4) agrees in writing (© the peyment of the obligation secured by the lien in a manner seceptsble to
Lender, but only so long as Borrower is performing such agreement; (b) contests the lion in good faith by, or
defends against enforcement of the Hiea in, Iopal proceedings which in Lender's opinion operate to prevent the
enforcement of the lien while thoss proccedings are pending, but only until such proceedings are concluded; or
(©) secures frou the bolder of the Hien on agrecascnt atisfuctory to Lender subordinating the Tica to this Security
Instrument, If Lender determines that any pat of whe Property i eubject to a Tien which can atiain priority over
this Security Instrument, Lender may give Borrower a notice ideatifying the Hen, Within 10 days of the date on
which that notice is given, Borrower shall satisfy the lien of take one or more of the actions sot forth above in this
Section 4

Lender may require Borrower to pay 6 one-time charge for a real estate tax verification and/or reporting
sotviee used by Lender in connection with this Lean.

5, Property Insurance. Borzower shall keep the improvements now existing or hereafter erected on
the Property insured against loss by fire, hazards included within the torm “extended coverage,” and any otber
hazards including, but not limited (0, earthquakes and floods, for which Lender requites insurance. This inscrance
shall be maintained in the amounts finoloding deductible levels) and for the periods that Lender requizes. What
Lender requires pursuant to the preceding sentences can change during the term of the Loan, The insurance
castier providing the insurance bell be chosen by Borrower subject to Lendes’s right to disapprove Borrower's
choice, which right shall not be exercised unreasonably. Leader may require Borrower to pay, in connection with
this Loan, either {8) 2 one-time charge for flood zone determination, certification and tracking services; or (b) a
onetime charge for flood zone determination and cenification services end subsequent charges cach time
reraappings or similar changes ovcur which reasonably might affect such determination or certification, Borrower
shell 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 2a objection by Borrower.

If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, ot Lender's option and Borrower's expense. Leudor is uudor no obligation to purchase any particular
type or amount of coverage. Therofore, 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 Habitity
and might provide greater or lesser coverage than was proviously in effect, Bosrower acknowledges that the cost
of the insurance coverage so obtained might significantly exceed the cost of iosurance that Borrower could have
obtained, Any araounts disbursed by Lender under this Section $ shall become additional debt of Borrower
secured by this Seourity Insirumeat. These amounts shall boar interest at the Note rete from the date of
disbursement and shall be paysble, with sach interest, upon notice from Lender to Borrower requesting payment.

‘All insurance policies required by Lender and renewals of such policies shall be subject to Leader's sight
to disapprove such policies, shall include a standard mor