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Filing # 32127942 E-Filed 09/16/2015 03:05:08 PM
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.: CACE 12005646
VENTURES TRUST 2013-I-H-R BY
MCM CAPITAL PARTNERS, LLC,
Plaintiff, 7
vs. :
ARTURO MONTILLA, et al., :
Defendants.
DEFENDANT’ S REQUEST FOR ADMISSIONS TO PLAINTIFF
COMES NOW, Defendant, ARTURO MONTILLA, by and through his
undersigned attorneys, and in accordance with Fla. R. Civ.
P. 1.370, hereby requests that the Plaintiff, admit or deny the
following statements within the time indicated under the Florida
Rules of Civil Procedure:
1. Admit that Plaintiff relies upon that certain Notice of
Intent to Accelerate (also known as the “Breach Letter”) dated
September 21, 2010, attached hereto and incorporated herein as
Plaintiff’s Exhibit “A,” as the sole correspondence which would
satisfy the requirements of Paragraph 22 of the subject Mortgage.
2. Admit that the Notice of Intent to Accelerate (also known
as the “Breach Letter”), dated September 21, 2010, attached hereto
and incorporated herein as Plaintiff's Exhibit “A,” alleges that
DENNIS A. DONET, P.A.
Suite 906 @ 9100 S. Dadeland Blvd. @ Miami, FL 33156
Telephone: 305-670-0074 @ Fax: 305-670-0061 @ www.DonetLaw.com
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 9/16/2015 3:05:07 PM.****Page 2 CASE NO.: CACE 12005646
Defendant, ARTURO MONTILLA, has failed to pay the monthly
installment due January 1, 2009.
3. Admit that the initial Complaint filed in the instant
action alleged at Paragraph 5 therein, that Borrower(s) defaulted
by failing to pay the payment due January 1, 2009, and all
subsequent payments.
4. Admit that the Amended Complaint, filed in this action on
October 30, 2013, alleges at Paragraph 5 therein, that Borrower(s
defaulted by failing to pay the payment due March 1, 2009, and all
subsequent payments.
5. Admit that Plaintiff, or Plaintiff's predecessor in
interest, mailed its letter dated September 23, 2010, attached
hereto and incorporated herein as Plaintiff’s Exhibit “B.”
6. Admit that on September 23, 2010, Plaintiff, or
Plaintiff’s predecessor in interest, informed Defendant, ARTURO
MONTILLA, that “You are now up to date and current on your home
loan payments. You can resume making your normal monthly
Payments.”
7. Admit that Plaintiff’s predecessor in interest, BANK OF
AMERICA, N.A., entered into a Special Forbearance Agreement dated
April 26, 2010.
8. Admit that on September 23, 2010, any default alleged by
Plaintiff and/or Plaintiff's predecessor in interest, was cured.
9. Admit that on September 23, 2010, the default alleged
within Plaintiff’s Notice of Intent to Accelerate of September 21,
DENNIS A. DONET, P.A.
Suite 906 ¢ 9100 S. Dadeland Blvd. @ Miami, FL 33156
Telephone: 305-670-0074 @ Fax: 305-670-0061 ® www.DonetLaw.comPage 3 CASE NO.: CACE 12005646
2010, was no longer accurate.
10. Admit that on September 23, 2010, the total amount due to
cure the alleged default of $18,993.65, alleged within Plaintiff's
Notice of Intent to Accelerate of September 21, 2010, was no longer
accurate.
11. Admit that neither Plaintiff, nor Plaintiff’s predecessor
in interest, nor any of its agents, servicers, or subsidiaries,
mailed any other Notice of Intent to Accelerate (or “Breach
Letter”) to Defendant, ARTURO MONTILLA, subsequent to September 21,
2010.
12. Admit that on September 23, 2010, the default alleged
within Plaintiff’s Notice of Intent to Accelerate of September 21,
2010, was no longer accurate.
13. Admit that records related to that Special Forbearance
Agreement dated April 26, 2010, were not “boarded,” uploaded, or
otherwise incorporated into Plaintiff’s records from Plaintiff's
alleged predecessor-in-interest, BANK OF AMERICA, N.A.
14. Admit that Plaintiff has no independent record or image
in its business records, of that certain Special Forbearance
Agreement dated April 26, 2010.
DENNIS A. DONET, P.A.
Suite 906 @ 9100 S. Dadeland Blvd. @ Miami, FL 33156
Telephone: 305-670-0074 @ Fax: 305-670-0061 ® www.DonetLaw.comPage 4 CASE NO.: CACE 12005646
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the
foregoing Defendant, ARTURO MONTILLA’s Request For Admissions, were
served via eService (AttorneyNotice@Consuegralaw.com), on
TERRA L. SICKLER, ESQ., of Law Offices of Daniel Cc. Consuegra,
Attorneys for Plaintiff, 9204 King Palm Dr., Tampa, Florida 33619,
on this 16th day of September, 2015.
DENNIS A. DONET, P.A.
By:/s/ Dennis A. Donet
DENNIS A. DONET, ESQUIRE
Florida Bar No.: 129569
Suite 906
9100 S. Dadeland Blvd.
Miami, Florida 33156
Telephone: (305)670-0074
Fax: (305) 670-0061
DENNIS A. DONET, P.A.
Suite 906 ® 9100 S. Dadeland Blvd. @ Miami, FL 33156
Telephone: 305-670-0074 @ Fax: 305-670-0061 @ www.DonetLaw.comBankof America
a
Business Adcross. Sond Payments to:
Home Loans 7105 Corporato Drive 7.0. 80x 650070
Ebleeaser Plano Tx 75024 Daitas, TX 75246-0070
Dallas, TX 75265-0070
September 21, 2010
Sent Certified Mail:
733 6257 1N74 BOW L749
Return Receipt Requested
Account No.
Property Address:
300 NE 12th Ave Apt 605
Hallandale Beach, FL 33009-4565.
ACCELER:
Arturo R Montilla
300 NE 12TH AVE APT 605
HALLANDALE BEACH, FL 33009-4565
Ne INTENT
Dear Arturo R Montilla:
BAC Home Loans Servicing, LP (hereinafter “3AC Home Loans Servicing, LP") services the home loan described above on behalf of
the holder of the promissory note (the “Noteholder’). The joan is in serious default because the required payments have not been
made. The total amount now required to reinstate the loan as of the date of this notice is as follows:
Monthly Charges; 01/01/2009 $11,088.15
04/01/2010 $7,421.64
Late Charges;
Other s Total Late Charges:
Uncollected Costs:
Partial Payment Balance:
$36.96
TOTAL DUE: $18,993.65
You have the right to cure the default. To cure the default, on or before October 21, 2010, BAC Home Loans Servicing, LP must
receive the amount of $18,093.65 plus any additional regular monthly payment or payments, late charges, fees and charges wiich
become due on or before October 21, 2010.
The defauit will not be considered cured unless BAC Home Loans Servicing, LP receives “good funds” in the amount of $18,993.65
on or before October 21, 2010. If any check (or other payment) is returned to us for insufficient funds or for any other reason, “good
funds" will not have been received and the default will not have been cured. No extension of time to cure will be granted due to a
returned payment. BAC Home Loans Servicing, LP reserves the right to accept of reject a partial payment of the total amount dua
without waiving any of its rights herein or atherwise. For example, if less than the full amount that is due is sent to us, we can keep the
payment and apply it to the debt but still proceed to foreclosure since the default would nat have been cured.
If the default is not cured on or before October 21, 2010. the mortgage payments will be accelerated with the full amount remaining
accelerated and becoming due and payable in full, and foreclosure proceedings wil’ be initiated at that time. As such, the failure to
cure the default may result in the foreclosure and sale of your property. If your property is foreclosed upon, the Noteholder may
pursue a deficiency judgment against you to collect the balance of your loan, if permitted by law.
You may, if required by law or your loan documents, have the right to cure the default after the acceleration of the mortgage
payments and prior to the foreclosure sale of your property if all amounts past due are paid within the time permitted by law.
However, BAC Home Loans Servicing, LP and the Noteholder shall be entitled to collect all fees and costs incurred by BAC Home
Loans Servicing, LP and the Noteholder in pursuing any of their remedies, including but not limited to reasonable attorney's fees, to
the full extent permitted by law. Further, you may have the right to bring a court action to assert the non-existence ot a default or any
other defense you may have to acceleration and foreclosure.
Your loan is in default, Pursuantto your loan documents, BAC Home Loans Servicing, LP may, enter upon and conduct an inspection
of your property. The purposes of such an inspection are to (i) observe the physical condition of your property, (ii) verify that the
property is occupied and/or (iil) determine the identity of the occupant. If you do not cure the default prior to the inspection, other
actions to protect the mortgagee's interest in the property (including, but not limited to, winterization, securing the property, and
valuation services) may be taken. The costs of the above-described inspections and property preservation efforts will be
charged to your account as provided in your security instrument and as permitted by law.
BAC Home Loans Servicing, LP is 2 subsidiary of Bank of America, NA
Please wit your asount umber en al hooks a cospondonc,
‘Wemay arg you ee ny payent oturod c mosadly aur asda maton, subject epoca am BLONSENV 8795 (22008
Payment intructons:
[Account
+ Make your heck paytle BAC Arturo R Montilla Belance Due far charges listed above: $18,992.65 as of September 21, 2010.
ens sane Sea 2 300 NE 12h Ave Apt 605 Pent amainen Be ans ne cop
2 Paeintucesmponwihyox Hallandale Beach, FL. 33009-4565 mar
met asics
BLONSeNY
pnp een FE
BAC Home Loans Servicing, LP
om
For at ful monk payment peri,
Intrstis cauatadan a rath 63,
Accordingly. are fr al ul months,
Inctafng Febuary, is caused os
30800 anata, especie of
The etude of aps nt et,
For patil mons, nee is alot
ka cally on he basis of a 3665 day year,
PO BOX 650070
Dallas, TX 75265-0070
Exh bit "A"
STIfyou are unable to cure the default on or before October 21, 2010, BAC Home Loans Servicing, LP wants you to be aware of various
options that may be availabe to you through BAC Home Loans Servicing, LP to prevent a foreclosure sale of your property. For
example:
Repayment Plan: It is possible that you may be eligible for some form of payment assistance through BAC Home Loans
Servicing, LP. Our basic plan requires that BAC Home Loans Servicing, LP receive, up front, at least 1 of the amount
Necessary to bring the account current, and that the balance of the overdue amount be paid, along with the regular
monthly payment, over a defined period of time. Other repayment plans also are available.
Loan Modification: Or, it is possible that the regular monthly payments can be lowered through a modification of the loan
by reducing the interest rate and then adding the delinquent payments to the current joan balance. This foreclosure
alternative, however, is limited to certain loan types.
Sale of Your Property: Or, if you are willing to sell your home in order to avoid forectosure, it is possibie that the sale of
your home can be approved through BAC Home Loans Servicing, LP even if your hame is warth less than what is owed
onit.
Deed-in-Lieu: Or, if your property is free from other liens or encumbrances, and if the default is due to a serious financial
hardship which is beyond your contral, you may be eligible to deed your property directly to the Noteholder and avoid the
foreciosure sale.
I you are interested in discussing any of these foreclosure altematives with BAC Home Loans Servicing, LP, you must contact us
immediately. If you request assistance, BAC Home Loans Servicing, LP will need to evaluate whether that assistance will be extended
to you. In the meantime, BAC Home Loans Servicing, LP will pursue all of its rights and remedies under the loan documents and as
permitted by law, unless it agrees otherwise in writing. Failure to bring your loan current or to enter into a written agreement by
October 21, 2010 as outlined above will result in the acceleration of your debt.
Additionally, the U.S. Department of Housing and Urban Development (HUD) funds free or very low cost housing counseling across
the nation. Housing counselors can help you understand the law and your options. They can also help you to organize your finances
and represent you in negotiations with your lender if you need this assistance. You may find a HUD-approved housing counselor near
you by calling 1-800-569-4287. For the hearing impaired, HUD Counseling Agency (TDD) numbers are available at 1-800-877-8339.
Time Is of the essence. Should you have any questions conceming this notice, please contact Loan Counseling Center immediately at
1-800-669-6654. Our office naurs are between Mon - Fri, 8am to 9pm Eastern Time.
Sincerely,
Loan Counseling Center
BAC Home Loans Servicing, LP is a subsidiary of Sank of Amedca, NA,
E-mail use: Providing your e-mail address below will allow us to send you information on your account. How we post your payments: All accepted
‘Account Number
‘Aruro R Mont
Fayments of princpal and intarast wil be applied to
‘he longest oustanding instalment due, —uniees
herve expressly prohibited or limited by Yaw. if
you sutm an ariutt in ation to your scheduled
monthly amount, we wil apply your paymants as
folows: () tb oustanding marth payments. of
Wwincipal enc interest, () escrow defences, @) ate
charges and ther atounts you ove in connection
with your loan snd (¥) tO reduce the oustanding
brindpal balance of your lan. Please spciy you
‘Want an adional amount appiet i uur payments,
‘athe han principal eduction
Postdated checks: Positatud hacks wil be
Brovessed on the date received unless a loan
‘ouneolor agrees te honor the data writen on the
check as candi ofa repayment pan,\y
Bank of America Loud 7 FHLB
& cs)
Home Loans
II]
P.O. Box 10221 : Send Payments to:
Van Nuys, CA 91410-0221 P.O. Box 650070
Dallas, TX 75265-0070
9001911-0001922 LETRS 001 --~--- 11345
I|
Notice Date: September 23, 2010
Arturo R Montilla
it No,:
300 NE 12th Ave Apt 605 Account No. ate
Hallandale Beach, FL 33009-4565 Property Address:
300 NE 12th Ave Apt 605
Hallandale Beach, FL 33009
| ABOUT YouR LOAN
are pieasedtotgiis hatwe Navevreceived th qaccinstaimentdue ander our Spociat-
Forbearance agreement, dated April 26, 2010, and it has been credited to your account
referenced above.
[ THANK YOU FOR YOUR BUSINESS
Thank you for fulfilling this commitment. You are now u
p to date and current on your home
loan payments. You can resume making your normai
monthly payments.
If you still have past due fees and/or changes, please pay those as soon as possible, We
can tell you if you have Past fee(s) or char
ge(s) and the amount(s) if you call us at
1-800-669-6650.
If you have any other questions, please contact us at 1-800-669-6650.
FOX. [$00-472. oor
Exhibit "8"
This communication is from BAC Home Loans Servicing, LP, the Bank of America company that services your home loan.
Please write your accaunt number on all checks and correspondence.
LMPCURD 11967 03/31/2010
Preview
Filing # 32127942 E-Filed 09/16/2015 03:05:08 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.: CACE 12005646 VENTURES TRUST 2013-I-H-R BY MCM CAPITAL PARTNERS, LLC, Plaintiff, 7 vs. : ARTURO MONTILLA, et al., : Defendants. DEFENDANT’ S REQUEST FOR ADMISSIONS TO PLAINTIFF COMES NOW, Defendant, ARTURO MONTILLA, by and through his undersigned attorneys, and in accordance with Fla. R. Civ. P. 1.370, hereby requests that the Plaintiff, admit or deny the following statements within the time indicated under the Florida Rules of Civil Procedure: 1. Admit that Plaintiff relies upon that certain Notice of Intent to Accelerate (also known as the “Breach Letter”) dated September 21, 2010, attached hereto and incorporated herein as Plaintiff’s Exhibit “A,” as the sole correspondence which would satisfy the requirements of Paragraph 22 of the subject Mortgage. 2. Admit that the Notice of Intent to Accelerate (also known as the “Breach Letter”), dated September 21, 2010, attached hereto and incorporated herein as Plaintiff's Exhibit “A,” alleges that DENNIS A. DONET, P.A. Suite 906 @ 9100 S. Dadeland Blvd. @ Miami, FL 33156 Telephone: 305-670-0074 @ Fax: 305-670-0061 @ www.DonetLaw.com *** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 9/16/2015 3:05:07 PM.****Page 2 CASE NO.: CACE 12005646 Defendant, ARTURO MONTILLA, has failed to pay the monthly installment due January 1, 2009. 3. Admit that the initial Complaint filed in the instant action alleged at Paragraph 5 therein, that Borrower(s) defaulted by failing to pay the payment due January 1, 2009, and all subsequent payments. 4. Admit that the Amended Complaint, filed in this action on October 30, 2013, alleges at Paragraph 5 therein, that Borrower(s defaulted by failing to pay the payment due March 1, 2009, and all subsequent payments. 5. Admit that Plaintiff, or Plaintiff's predecessor in interest, mailed its letter dated September 23, 2010, attached hereto and incorporated herein as Plaintiff’s Exhibit “B.” 6. Admit that on September 23, 2010, Plaintiff, or Plaintiff’s predecessor in interest, informed Defendant, ARTURO MONTILLA, that “You are now up to date and current on your home loan payments. You can resume making your normal monthly Payments.” 7. Admit that Plaintiff’s predecessor in interest, BANK OF AMERICA, N.A., entered into a Special Forbearance Agreement dated April 26, 2010. 8. Admit that on September 23, 2010, any default alleged by Plaintiff and/or Plaintiff's predecessor in interest, was cured. 9. Admit that on September 23, 2010, the default alleged within Plaintiff’s Notice of Intent to Accelerate of September 21, DENNIS A. DONET, P.A. Suite 906 ¢ 9100 S. Dadeland Blvd. @ Miami, FL 33156 Telephone: 305-670-0074 @ Fax: 305-670-0061 ® www.DonetLaw.comPage 3 CASE NO.: CACE 12005646 2010, was no longer accurate. 10. Admit that on September 23, 2010, the total amount due to cure the alleged default of $18,993.65, alleged within Plaintiff's Notice of Intent to Accelerate of September 21, 2010, was no longer accurate. 11. Admit that neither Plaintiff, nor Plaintiff’s predecessor in interest, nor any of its agents, servicers, or subsidiaries, mailed any other Notice of Intent to Accelerate (or “Breach Letter”) to Defendant, ARTURO MONTILLA, subsequent to September 21, 2010. 12. Admit that on September 23, 2010, the default alleged within Plaintiff’s Notice of Intent to Accelerate of September 21, 2010, was no longer accurate. 13. Admit that records related to that Special Forbearance Agreement dated April 26, 2010, were not “boarded,” uploaded, or otherwise incorporated into Plaintiff’s records from Plaintiff's alleged predecessor-in-interest, BANK OF AMERICA, N.A. 14. Admit that Plaintiff has no independent record or image in its business records, of that certain Special Forbearance Agreement dated April 26, 2010. DENNIS A. DONET, P.A. Suite 906 @ 9100 S. Dadeland Blvd. @ Miami, FL 33156 Telephone: 305-670-0074 @ Fax: 305-670-0061 ® www.DonetLaw.comPage 4 CASE NO.: CACE 12005646 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Defendant, ARTURO MONTILLA’s Request For Admissions, were served via eService (AttorneyNotice@Consuegralaw.com), on TERRA L. SICKLER, ESQ., of Law Offices of Daniel Cc. Consuegra, Attorneys for Plaintiff, 9204 King Palm Dr., Tampa, Florida 33619, on this 16th day of September, 2015. DENNIS A. DONET, P.A. By:/s/ Dennis A. Donet DENNIS A. DONET, ESQUIRE Florida Bar No.: 129569 Suite 906 9100 S. Dadeland Blvd. Miami, Florida 33156 Telephone: (305)670-0074 Fax: (305) 670-0061 DENNIS A. DONET, P.A. Suite 906 ® 9100 S. Dadeland Blvd. @ Miami, FL 33156 Telephone: 305-670-0074 @ Fax: 305-670-0061 @ www.DonetLaw.comBankof America a Business Adcross. Sond Payments to: Home Loans 7105 Corporato Drive 7.0. 80x 650070 Ebleeaser Plano Tx 75024 Daitas, TX 75246-0070 Dallas, TX 75265-0070 September 21, 2010 Sent Certified Mail: 733 6257 1N74 BOW L749 Return Receipt Requested Account No. Property Address: 300 NE 12th Ave Apt 605 Hallandale Beach, FL 33009-4565. ACCELER: Arturo R Montilla 300 NE 12TH AVE APT 605 HALLANDALE BEACH, FL 33009-4565 Ne INTENT Dear Arturo R Montilla: BAC Home Loans Servicing, LP (hereinafter “3AC Home Loans Servicing, LP") services the home loan described above on behalf of the holder of the promissory note (the “Noteholder’). The joan is in serious default because the required payments have not been made. The total amount now required to reinstate the loan as of the date of this notice is as follows: Monthly Charges; 01/01/2009 $11,088.15 04/01/2010 $7,421.64 Late Charges; Other s Total Late Charges: Uncollected Costs: Partial Payment Balance: $36.96 TOTAL DUE: $18,993.65 You have the right to cure the default. To cure the default, on or before October 21, 2010, BAC Home Loans Servicing, LP must receive the amount of $18,093.65 plus any additional regular monthly payment or payments, late charges, fees and charges wiich become due on or before October 21, 2010. The defauit will not be considered cured unless BAC Home Loans Servicing, LP receives “good funds” in the amount of $18,993.65 on or before October 21, 2010. If any check (or other payment) is returned to us for insufficient funds or for any other reason, “good funds" will not have been received and the default will not have been cured. No extension of time to cure will be granted due to a returned payment. BAC Home Loans Servicing, LP reserves the right to accept of reject a partial payment of the total amount dua without waiving any of its rights herein or atherwise. For example, if less than the full amount that is due is sent to us, we can keep the payment and apply it to the debt but still proceed to foreclosure since the default would nat have been cured. If the default is not cured on or before October 21, 2010. the mortgage payments will be accelerated with the full amount remaining accelerated and becoming due and payable in full, and foreclosure proceedings wil’ be initiated at that time. As such, the failure to cure the default may result in the foreclosure and sale of your property. If your property is foreclosed upon, the Noteholder may pursue a deficiency judgment against you to collect the balance of your loan, if permitted by law. You may, if required by law or your loan documents, have the right to cure the default after the acceleration of the mortgage payments and prior to the foreclosure sale of your property if all amounts past due are paid within the time permitted by law. However, BAC Home Loans Servicing, LP and the Noteholder shall be entitled to collect all fees and costs incurred by BAC Home Loans Servicing, LP and the Noteholder in pursuing any of their remedies, including but not limited to reasonable attorney's fees, to the full extent permitted by law. Further, you may have the right to bring a court action to assert the non-existence ot a default or any other defense you may have to acceleration and foreclosure. Your loan is in default, Pursuantto your loan documents, BAC Home Loans Servicing, LP may, enter upon and conduct an inspection of your property. The purposes of such an inspection are to (i) observe the physical condition of your property, (ii) verify that the property is occupied and/or (iil) determine the identity of the occupant. If you do not cure the default prior to the inspection, other actions to protect the mortgagee's interest in the property (including, but not limited to, winterization, securing the property, and valuation services) may be taken. The costs of the above-described inspections and property preservation efforts will be charged to your account as provided in your security instrument and as permitted by law. BAC Home Loans Servicing, LP is 2 subsidiary of Bank of America, NA Please wit your asount umber en al hooks a cospondonc, ‘Wemay arg you ee ny payent oturod c mosadly aur asda maton, subject epoca am BLONSENV 8795 (22008 Payment intructons: [Account + Make your heck paytle BAC Arturo R Montilla Belance Due far charges listed above: $18,992.65 as of September 21, 2010. ens sane Sea 2 300 NE 12h Ave Apt 605 Pent amainen Be ans ne cop 2 Paeintucesmponwihyox Hallandale Beach, FL. 33009-4565 mar met asics BLONSeNY pnp een FE BAC Home Loans Servicing, LP om For at ful monk payment peri, Intrstis cauatadan a rath 63, Accordingly. are fr al ul months, Inctafng Febuary, is caused os 30800 anata, especie of The etude of aps nt et, For patil mons, nee is alot ka cally on he basis of a 3665 day year, PO BOX 650070 Dallas, TX 75265-0070 Exh bit "A" STIfyou are unable to cure the default on or before October 21, 2010, BAC Home Loans Servicing, LP wants you to be aware of various options that may be availabe to you through BAC Home Loans Servicing, LP to prevent a foreclosure sale of your property. For example: Repayment Plan: It is possible that you may be eligible for some form of payment assistance through BAC Home Loans Servicing, LP. Our basic plan requires that BAC Home Loans Servicing, LP receive, up front, at least 1 of the amount Necessary to bring the account current, and that the balance of the overdue amount be paid, along with the regular monthly payment, over a defined period of time. Other repayment plans also are available. Loan Modification: Or, it is possible that the regular monthly payments can be lowered through a modification of the loan by reducing the interest rate and then adding the delinquent payments to the current joan balance. This foreclosure alternative, however, is limited to certain loan types. Sale of Your Property: Or, if you are willing to sell your home in order to avoid forectosure, it is possibie that the sale of your home can be approved through BAC Home Loans Servicing, LP even if your hame is warth less than what is owed onit. Deed-in-Lieu: Or, if your property is free from other liens or encumbrances, and if the default is due to a serious financial hardship which is beyond your contral, you may be eligible to deed your property directly to the Noteholder and avoid the foreciosure sale. I you are interested in discussing any of these foreclosure altematives with BAC Home Loans Servicing, LP, you must contact us immediately. If you request assistance, BAC Home Loans Servicing, LP will need to evaluate whether that assistance will be extended to you. In the meantime, BAC Home Loans Servicing, LP will pursue all of its rights and remedies under the loan documents and as permitted by law, unless it agrees otherwise in writing. Failure to bring your loan current or to enter into a written agreement by October 21, 2010 as outlined above will result in the acceleration of your debt. Additionally, the U.S. Department of Housing and Urban Development (HUD) funds free or very low cost housing counseling across the nation. Housing counselors can help you understand the law and your options. They can also help you to organize your finances and represent you in negotiations with your lender if you need this assistance. You may find a HUD-approved housing counselor near you by calling 1-800-569-4287. For the hearing impaired, HUD Counseling Agency (TDD) numbers are available at 1-800-877-8339. Time Is of the essence. Should you have any questions conceming this notice, please contact Loan Counseling Center immediately at 1-800-669-6654. Our office naurs are between Mon - Fri, 8am to 9pm Eastern Time. Sincerely, Loan Counseling Center BAC Home Loans Servicing, LP is a subsidiary of Sank of Amedca, NA, E-mail use: Providing your e-mail address below will allow us to send you information on your account. How we post your payments: All accepted ‘Account Number ‘Aruro R Mont Fayments of princpal and intarast wil be applied to ‘he longest oustanding instalment due, —uniees herve expressly prohibited or limited by Yaw. if you sutm an ariutt in ation to your scheduled monthly amount, we wil apply your paymants as folows: () tb oustanding marth payments. of Wwincipal enc interest, () escrow defences, @) ate charges and ther atounts you ove in connection with your loan snd (¥) tO reduce the oustanding brindpal balance of your lan. Please spciy you ‘Want an adional amount appiet i uur payments, ‘athe han principal eduction Postdated checks: Positatud hacks wil be Brovessed on the date received unless a loan ‘ouneolor agrees te honor the data writen on the check as candi ofa repayment pan,\y Bank of America Loud 7 FHLB & cs) Home Loans II] P.O. Box 10221 : Send Payments to: Van Nuys, CA 91410-0221 P.O. Box 650070 Dallas, TX 75265-0070 9001911-0001922 LETRS 001 --~--- 11345 I| Notice Date: September 23, 2010 Arturo R Montilla it No,: 300 NE 12th Ave Apt 605 Account No. ate Hallandale Beach, FL 33009-4565 Property Address: 300 NE 12th Ave Apt 605 Hallandale Beach, FL 33009 | ABOUT YouR LOAN are pieasedtotgiis hatwe Navevreceived th qaccinstaimentdue ander our Spociat- Forbearance agreement, dated April 26, 2010, and it has been credited to your account referenced above. [ THANK YOU FOR YOUR BUSINESS Thank you for fulfilling this commitment. You are now u p to date and current on your home loan payments. You can resume making your normai monthly payments. If you still have past due fees and/or changes, please pay those as soon as possible, We can tell you if you have Past fee(s) or char ge(s) and the amount(s) if you call us at 1-800-669-6650. If you have any other questions, please contact us at 1-800-669-6650. FOX. [$00-472. oor Exhibit "8" This communication is from BAC Home Loans Servicing, LP, the Bank of America company that services your home loan. Please write your accaunt number on all checks and correspondence. LMPCURD 11967 03/31/2010