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*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 5/8/2013 4:29:21 AM.****
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION
Plaintiff
v.
TIMOTHY J. DORSEY; CITY OF SUNRISE;
ANY AND ALL UNKNOWN PARTIES
CLAIMING BY, THROUGH, UNDER, OR
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; JOHN
TENANT and JANE TENANT whose names are
fictitious to account for parties in possession
Defendant(s)
Electronically Filed 05/08/2013 04:29:21 AM ET
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT IN
AND FOR BROWARD COUNTY,
FLORIDA CIVIL DIVISION
CASE NO.: CACE12031667
/
VERIFIED AMENDED COMPLAINT
Plaintiff,
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION, | sues
Defendant(s), TIMOTHY J. DORSEY; CITY OF SUNRISE; ANY AND ALL UNKNOWN
PARTIES CLAIMING BY, THROUGH, UNDER, OR 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; JOHN TENANT and JANE
TENANT whose names are fictitious to account for parties in possession, and alleges:
PH # 19166
Page 1
PHELAN HALLINAN, PLC
2727 West Cypress Creek Road, Ft. Lauderdale, FL 33309
Tel: 954-462-7000, Fax: 954-462-7001ACTION TO FORECLOSE MORTGAGE
1. This is an action to foreclose a Mortgage on real property in BROWARD County,
Florida.
2. On March 8, 2006, TIMOTHY J. DORSEY executed and delivered a promissory Note
and a Mortgage securing payment of the aforesaid Note to JP MORGAN CHASE BANK, NA,
which Mortgage was recorded on March 14, 2006, in Official Records Book 41626, Page 1174,
in the Public Records of BROWARD County, Florida, and which Mortgaged the property
described therein, then owned by and in possession of said mortgagors, a copy of said Note and
Mortgage being attached hereto, marked Plaintiffs Exhibits "A" and "B", and made a part of this
Complaint.
3. JPMorgan Chase Bank, NA. is the holder of the Note and Mortgage and is entitled to
enforce said Note and Mortgage pursuant to Florida Statute §673.3011.
4. The above referenced Mortgage and Note were modified by virtue of a Modification
Agreement dated July 23, 2008. Recording information is unavailable at this time. A copy of
said Modification Agreement is attached hereto as Plaintiff's Exhibit "C".
5. Said property is now owned by Defendant TIMOTHY J. DORSEY.
6. Said Note and Mortgage are in default in that the payment due October 1, 2008 and all
subsequent payments have not been made.
7. Plaintiff declares the full amount due under said Note and Mortgage to be now due.
8. There is now due, owing and unpaid to Plaintiff $169,718.87 on principal plus interest
on said Note and Mortgage from September 1, 2008 together with late charges, title search
expense for ascertaining necessary parties to this action, real estate taxes, insurance premiums,
Mortgage insurance premiums, costs and expenses incurred by Plaintiff in securing the property
described in the Mortgage, and attorney's fees all of which Plaintiff may become obligated to pay
in order to protect the property described in the Mortgage and to recover the sums due to the
Plaintiff, all of which are secured by the lien of the Mortgage herein sought to be foreclosed.
PH # 19166
Page 2
PHELAN HALLINAN, PLC
2727 West Cypress Creek Road, Ft. Lauderdale, FL 33309
Tel: 954-462-7000, Fax: 954-462-70019. Defendant, CITY OF SUNRISE, may have or claim some right or interest in or lien upon
the property sought to be foreclosed by virtue of that certain claim of CODE ENFORCEMENT
LIEN in the amount of $492.00 dated February 20, 2012 and recorded February 24, 2012 in
Official Records Book 48534, Page 458.
10. The Defendants JOHN TENANT and JANE TENANT, their names being fictitious to
account for any party in possession, may have or claim some right, title or interest in and to the
property herein sought to be foreclosed by virtue of an unrecorded lease or purchase option or by
virtue of being in actual possession of same. The actual name of the Defendant is presently
unknown to Plaintiff and its undersigned attorney.
11. All of the above-mentioned recordings in Official Records Book were in Official
Records of BROWARD County, Florida.
12. Plaintiff has obligated itself to pay the undersigned attorneys a reasonable fee for their
services.
13. The Plaintiff further alleges that the claim, lien, right, title and interest of all the
Defendants herein named and hereafter made parties to this suit are subject, subordinate and
inferior to the right, title, interest and lien of the Plaintiff's Mortgage herein sought to be
foreclosed.
14, All conditions precedent to the institution of this action by the Plaintiff have been
performed or have occurred.
15. Pursuant to the Fair Debt Collection Practices Act, you are advised that this law firm is
deemed to be a debt collector attempting to collect a debt and any information obtained will be
used for that purpose.
PH # 19166
Page 3
PHELAN HALLINAN, PLC
2727 West Cypress Creek Road, Ft. Lauderdale, FL 33309
Tel: 954-462-7000, Fax: 954-462-7001WHEREFORE, the Plaintiff prays that the Court enter judgment foreclosing the Mortgage,
grant Plaintiff its reasonable attorney's fees, enter an order granting Plaintiff a writ of possession
of the Mortgaged property and such other or further relief as Plaintiff may be entitled to receive,
and, if the proceeds of the sale are insufficient to pay Plaintiff's claim, a deficiency judgment,
except where a discharge in Bankruptcy is applicable.
Phelan Hallinan, PLC
Attorneys for Plaintiff
2727 West Cypress Creek Road
Ft. Lauderdale, FL 33309
Tel: 954-462-7000
Fax: 954-462-7001
Service by email: FL.Service @PhelanHallinan.com
By: dattomeySignanciaaged
Phelan Hallinan, PLC) Ma he/ Exkincle-
dxzoneyhrnevtindesSigl-
Fl Bar # gY007
PH # 19166
Page 4
PHELAN HALLINAN, PLC
2727 West Cypress Creek Road, Ft. Lauderdale, FL 33309
Tel: 954-462-7000, Fax: 954-462-7001Florida Verification
Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein
are true and correct tg, the best of my knowledge and belief.
WD
Viana Bacanta
Vice President
Date: F-E- 2ZO/D
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION
State of EN Oe
County of
The ot instrument was sworn to or affirmed and subscribed before me this * day of
\ 2013, by Viviana Batanty as Vice President of
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION who is personally known to me--}—
or has produced T OW as identification [4-——
Print Name: Felicia Yvette Grouyy
Notary Public, State of TeWwAS
My Commission Expires: 2=28-|S~
FELICIA YVETTE BROWN
"g Notary Public, State of Texas
My Commission Expires
February 28, 2015
Borrower: TIMOTHY J. DORSEY
Property Address: 2330 NORTHWEST 81ST AVENUE, SUNRISE, FL 33322-3035
County: BROWARD
Last Four of Loan Number: 8915
PH # 19166
Page 5
PHELAN HALLINAN, PLC
2727 West Cypress Creek Road, Ft. Lauderdale, FL 33309
Tel: 954-462-7000, Fax: 954-462-7001IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL
CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: CACE12031667
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION
Plaintiff
vs.
TIMOTHY J. DORSEY; ET AL
Defendant(s) /
CERTIFICATE OF SERVICE OF VERIFIED AMENDED COMPLAINT
I HEREBY CERTIFY that a true and correct copy of the foregoing VERIFIED
AMENDED COMPLAINT was sent via US Mail and/or Email to all parties pursuant to the
attached service list this / 4 day of Apes! 7 fF?
Phelan Hallinan, PLC
Attorneys for Plaintiff
2727 West Cypress Creek Road
Ft. Lauderdale, FL 33309
Tel: 954-462-7000
Fax: 954-462-7001
Service by email:
FL.Service @ PhelanHallinan.com
2
By: Mabel Eghander
Phelan Hallinan, PLC FL Bar #94007
PH # 19166SERVICE LIST
CASE NO.: CACE12031667
GOLANT AND GOLANT, P.A.
Attn: RICHARD R. WIDELL, Esq.
filings @ golantlaw.com
Attorney for Defendant TIMOTHY J. DORSEY
CITY OF SUNRISE
C/O CITY ATTORNEY, as Registered Agent
10770 West Oakland Park Boulevard
Sunrise, FL 33351
JOHN TENANT
2330 NORTHWEST 81ST AVENUE
SUNRISE, FL 33322-3035
JANE TENANT
2330 NORTHWEST 81ST AVENUE
SUNRISE, FL 33322-3035
ede SS io ioloiooiooi i cial Sib GiGi GIGI OI ASI IK IASI A A aI HE
PHELAN HALLINAN, PLC
2727 West Cypress Creek Road
Ft. Lauderdale, FL 33309
Service by Email: FL.Service@ PhelanHallinan.com
PH # 19166
04/12/2013 at 2:36 PMExhibit “‘A”’7 Pastels aoe : 7 ns
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NOTE
March 8, 2006 Hollywood FL
[Date] (City) [State]
2330 NW 81St Ave
Sunrise, FL 33322
[Property Address]
1, BORROWER’S PROMISE TO PAY
In retum for a loan that I have received, I promise to pay U.S. $ 165,000.00 (this amount is called "Principal"),
plus interest, to the order of the Lender. The Lender is
JPMorgan Chase Bank, N.A.
a bank which is organized and existing under the laws of the United States of America
I will 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 unti) the full amount of Principal has been paid. 1 will pay interest at a yearly
rateof 6.375 %.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B)
of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month,
1 will make my monthly payment on the First day of each month beginning on May Ist 2006 - Twill
make these payments every month until I have paid all of the principal and interest and any other charges described below that I
may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest
before Principal. If, on April 1, 2036 » 1 still owe amounts under this Note, I will pay those amounts in full on
that date, which is called the "Maturity Date."
I will make my monthly payments at JPMorgan Chase Bank, N.A., c/o Chase Home Finance, LLC
3415 Vision Drive, Columbus, OH 43219 or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $ 1,029,39
4, BORROWER’S RIGHT TO PREPAY
T have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a
"Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a
payment as a Prepayment if 1 have not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my
Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my
Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the
Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my
monthly payment unless the Note Holder agrées in writing to those changes.
FLORIDA FIXED RATE NOTE-Single Family-Fannia Mse/Fraddie Mac UNIFORM INSTRUMENT
GD, SFL 00051 Form 3210 1/01
MP MORTGAGE FORMS (800182ye
Loa ee, Bo meres icon,
oF EMEP. E
5, 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 refunt reduces Principal, the reduction will be treated
as a partial Prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of Fifteen calendar days
after the date it is due, 1 will pay a late charge to the Note Holder. The amount of the charge will be 5.000 %of
my overdue payment of principal and interest. 1 will pay this late charge promptly but only once on each late payment.
@®) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a
certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all
the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or
delivered by other means.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described
above, the Note Holder will still have the right to do so if 1 am in default at a later time.
(E) Payment of Note Holder’s Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to
be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those
expenses include, for example, reasonable attorneys’ fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by
delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note
Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first
class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that
different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in
this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is
also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety
or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights
under this Note against each person individually or against all of us together. This means that any one of us may be required to
pay all of the amounts owed under this Note.
9. WAIVERS
1 and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
"Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the
right to require the Note Holder to give notice to other persons that amounts due have not been paid.
Foe.
Form 3 0%
Snir 10006) Page 201 3 Inve: 7Le
o @
+ 10, UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the
Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as
this Note, protects the Note Holder from possible losses which might result if | do not keep the promises which I make in this
Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full
of all amounts I owe under this Note. Some of thdse conditions are described as follows:
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 Security Instrument.
However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these
sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security
Instrument without further notice or demand on Borrower.
1. 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
(Seal) (Seal)