arrow left
arrow right
  • JPMorgan Chase Bank NA Plaintiff vs. Timothy J Dorsey, et al Defendant Real Prop Homestead Res Fore - >$50K - <$250,000 document preview
  • JPMorgan Chase Bank NA Plaintiff vs. Timothy J Dorsey, et al Defendant Real Prop Homestead Res Fore - >$50K - <$250,000 document preview
  • JPMorgan Chase Bank NA Plaintiff vs. Timothy J Dorsey, et al Defendant Real Prop Homestead Res Fore - >$50K - <$250,000 document preview
  • JPMorgan Chase Bank NA Plaintiff vs. Timothy J Dorsey, et al Defendant Real Prop Homestead Res Fore - >$50K - <$250,000 document preview
						
                                

Preview

*** 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 Aue Um Loa cee a EGR Sd ww 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)