Preview
: Filing # 47759145 E-Filed 10/18/2016 01:46:22 PM
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM
BEACH COUNTY, FLORIDA, CIVIL DIVISION.
i U.S. BANK NATIONAL ASSOCIATION, CASE NO.: 502014CA001256XXXXMB
ETC.,
Plaintiffs,
v.
GEORGIA WOLFE, ETC.,
Defendant(s),
:
/
SECOND AMENDED MOTION FOR LEAVE TO AMEND AFFIRMATIVE.
DEFENSES AND TO AMEND COUNTERCLAIM
(Amended as to attachment of Second Amended Counterclaim)
Defendant/Counter Claimant, GEORGIA WOLFE, (hereinafter referred toa as s “Defendant”) by
and thenunh hae vada: ad nttnenar havaker thin Wanncnhla Annet fre an
anu UUs Aer undersigned auoimey, ucieuy MOVES us OMOLauIS COUT 107 aii Cider Siang ner
Amended Motion for Leave to Amend Affirmative Defenses and to Amend Counterclaim and as
grounds therefore would show the Court:
1. Defendant received the Notice of Acceleration in this case showing that Plaintiff failed to
comply with the provisions of the Dodd-Frank Act (12 CFR §1024.41 Loss Mitigation Procedures).
2. Nefendant urichac tn add the affirmative defence nf the Nadd_Frank Act ta thair Anourme and
ZACDOG WHOS WO G46 LOY GHUGUYS GedeloY Ud Ue 27 CUUTE Rau 220 WO UML SLOW GLa
‘Affirmative Defenses in this case which states that a servicer cannot begin foreclosure proceedings
until the borrower is 120 days delinquent in their payments.
3. Defendant wishes to add punitive damages to her counterclaim as demonstrated within her
second amended counterclaim which is filed in this case. (See attached)
4, Additionally, Defendant wishes ta amend her counterclaim to add IPMorvan C! Chase Rank ac an
additional Counter- “Defendant.
5. Finally, Defendant wishes to add that Plaintiff lacks standing to bring this action, Defendant
wishes to add the defense of the statute of limitations barring Plaintiffs complaint, and/or the defense
of adverse possession to her affirmative defenses in this case.
6. The granting of this motion will not delay the progress of this case.
WHEREFORE, for all of the foregoing reasons, Defendant respectfully requests that this
Honorable Court grant her Amended Motion for Leave to Amend Affirmative Defenses and to Amend
Counterclaim.
I HEREBY CERTIFY that a true and correct copy of the foregoing document was furnished by ~
email this 18" day of October, 2016 to all persons listed on the attached service list. .
Baciud ~
Esq. fBus
mey for Defendant, Wolfe IDSE
By:
FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 10/18/2016 01:46:22 PMHoffman & Hoffman, P.A.
1610 Southem Blvd.
West Faim Beach, FL 33406
Phone: 561-478-7066
Fax: 561-697-8317
FBN: 131739
Email: alh1@juno.comSERVICE LIST
Attorneys for Plaintiff
John M. Jorgensen, Esq.
SCOTT, HARRIS, BRYAN,
BARRA & JORGENSEN, P.A.
4400 PGA Boulevard, Suite 603
Palm Beach Gardens, Florida 33410
Primary Email: Pleadings@Scott-Harris.com
Secondary Email: iviJorgensen@Scoii-Harris.com
Secondary Email: KFalsey@Scott-Harris.com
Co-Counsel for Plaintiff
Albertelli Law
P.O, Box 23028
Tampa, EL 33623
ae er
Pinay iy Eman, saiveaaw@awer 1euuaw.coui
Co-Counsel for Plaintiff
Alicia R. Whiting-Bozich, Esq.
Edward B. Pritchard, Esq.
Kass Shuler
1501 N. Florida Avenue
DN Rav enn
eu On Ue
Tampa, FL 33502-0800
Email: Epritcha@kasslaw.com
Secondary Email: ForeclosureService@kasslaw.com
Secondary Email: Eportal@kasslaw.comIN THE CIRCUIT COURT OF THE 15TH
JUDICIAL CIRCUIT, IN AND FOR
PALM BEACH: COUNTY, FLORIDA.
CASE NO.: 502014CA001256XXXXMB
DIVISION: AW
U.S. BANK NATIONAL ASSOCIATION, et al,
Plaintiffs,
vs.
GEORGIA WOLFE, et al,
Defendants.
vs.
U.S. BANK NATIONAL ASSOCIATION, et al,
Counter-Defendants.
/
SECOND AMENDED COUNTER CLAIM
The Defendant, GEORGIA WOLFE, by and through undersigned counsel, sues the
Plaintiff, U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED
TUROTMENT TAAN TDITOT MAD TOAGT DAGG mrmaArnTT
ASSET INVESTMENT LOAN AND 1, MUKLUAUEL FAS0-LKUUULL
CERTIFICATES, SERIES 2005-8, and herein called U.S. BANK, and alleges:
COUNT I
CANCELLATION OF THE MORTGAGE
1 This is an action to cancel a morteace
tals 1 an action fo cancel 2 mortgage,
2. On or about July 25, 2005, Lenders First Choice entered into a quiet title with the
Defendant, to pay a mortgage recorded in Palm Beach County, Florida, herein referred to as
Dana Mortgage.3. Defendant paid all payments from July 2005 to February 1, 2010.
4, U.S. BANK refused to accept the morteage nav:
February 1, 20 1 0.
5. Lenders First Choice was the collection agent for Dana Capital and they collected
money from July 2005 until August 22, 2007.
6. Prior to 2009, in Palm Beach County, Florida, Plaintiff came into possession of a
Note and Mortgage. This Note and Mortgage is not recorded in the Official Record Books of
Palm Beach County and is referred to herein as the BNC Mortgage.
7. Defendant did not sign the BNC Note or Mortgage.
8. At the time the default notice was received, Defendant had a mortgage on her
property. This Mortgage was recorded in OR Book 19108 at Page 898 in Palm Beach
County and is harain vafarnd tn ac Hin Dow. eh
COUnY, SiG 15 Neen TeLsirea to as tie Dana Morpage. 11 nas Hot been satisied.
9. The Defendant assumed that the mortgage she was receiving information about from
the Plaintiff was the Dana lad
10. At the time the Plaintiff notified the Defendant that their agent was the servicing
agent for the BNC Mortgage, the Plaintiff knew this was a false statement. The Plaintiff also
knew that this was a material fact and that Defendant would rely on these misrepresentations
and Defendant did.
11. Defendant paid the monthly payment on the Dana loan to the servicing agent, Chase
Bank, through January 1, 2010. The servicing agent refused to accept the payment for
February 1, 2010 on the mortgage, even though the mortgage required notice before a default
conld occur, Plaintiff failed th citra tha nating
ALLL AU WU GLYY GY IOULCEs12. Plaintiff then filed a lawsuit alleging foreclosure for nonpayment on the Dana
Mortgage. This mortgage was dated June 25, 2005. This lawsuit was filed in the Circuit
Court as case number 50-2009-CA018298XXXXAW. This case number is referred to as the
Dana foreclosure.
13. Plaintiff then filed an affidavit in support of a Motion for Summary Judgment and the-
Plaintiff stated that the Dana Mortgage was a valid Mortgage on the property and should be
foreclosed. This was a misrepresentation on the part of the Plaintiff and the Plaintiff knew it
was false. The Plaintiff did not have a valid Note and Mortgage from Dana on the property
and knew this in 2005 and concealed it from the Defendant.
14. Plaintiff then filed the foreclosure in this case and alleged that the BNC Note and
Mortgage was a valid Note and Mortgage and that the Mortgage previously sworn to by the
Plaintiff was not valid, The complaint filed in this case was sworn to by the Plaintiff,
Further, the mortgage stated that the document stamp and state tax stamps were paid. This is
untrue and Plaintiff knew it was untrue.
15. Defendant made payments on a Mortgage she thought was valid until February 1,
PAIN Dininsi fl Ala wnt haven 2 1enwnd awa de 221 ee i a ir
ULV. FIGUIUE UU MUL avo @ IOpal Lipa LU CULICUL LUOSt SULUS HU Was aware OF nal [act at
the time they collected the funds and Plaintiff failed to disclose that fact to the Defendant.
‘16. Plaintiff owes the Defendant for all sums collected from Defendant on the mortgages
allegedly owned by the Plaintiff herein.
17, Plaintiff, through its servicing agent, obtained an assignment of the Dana mortgage
that was the subject of the BNC mortgage foreclosure. Plaintiff obtained an assignment of
this mortgage and knew at the time they obtained the assignment that the assignment was
fraudulent. The Plaintiff obtained this assignment for the sole purpose of trying to establish
3the BNC Mortgage as the first Mortgage on this property. Said Dana Mortgage was not
assigned to the Plaintiff, but to the servicing agent of the Plaintiff.
18. Plaintiff failed to obtain a release for the Southstar Funding, LLC Mortgage recorded
in OR Book 14001 at page 614: Said Mortgage has never been satisfied and remains a cloud
on Defendants title as well as the first Mortgage on the property. It was Plaintiffs
responsibility to pay this Mortgage. They knew they had this responsibility but did not pay it.
WHEREFORE, Defendant requests that all mortgages against the property be
satisfied and the Plaintiff be ordered to refund all monies paid by the Defendant.
MONEY DAMAGES
19. The Defendant realleges and incorporates herein the preceding paragraphs,
WHEREFORE, Defendant requests a judgment against Defendant for damages, both
punitive and general.
COUNT III
DODD-FRANK ACT VIOLATION
20. The Defendant realleges and incorporates herein the preceding paragraphs.
; 21. When the Plaintiff refused to accept payments from the Defendant, on or about
February 1, 2010, said failure caused a default. This was not of the Defendant's making,
22, The Plaintiff has failed to comply with the Dodd-Frank Act, as it did not wait the time
period to file the foreclosure action, after giving notice of default.
WHEREFORE, Defendant demands judgment and strike the action for foreclosure
until such time as Plaintiff complies with the Dodd-Frank Act,
COUNT IV
CANCELLATION OF FORGED ASSIGNMENT OF MORTGAGE.
23. The Defendant realleges and incorporates herein the preceding paragraphs.
4 7N
24. U.S. BANK NATIONAL ASSOCIATION, as trustee, hereby appointed BNC
Mortgage as it's agent for presenting this mortgage to be foreclosed.
25. — Chase has presented at least three copies.of the Note to be foreclosed. Copies
attached. Only one Note is valid, at most.
26. — Chase has filed an assignment of mortgage by forging the name of Dana Capital.
27, ‘The aie atleged in Piaintii’s compiatat herein are forgeries Ted by Chase ta an
attempt to foreclose the mortgage of BNC Mortgage.
28. Both BNC and Dana Capital filed for bankruptcy in 2009. No assignment of the
mortgage was ever filed for either mortgages in the possession of the trustee.
WHEREFORE, Defendant requests that the mortgage be canceled and all monies paid
by the Defendant be refunded.
AFFIRMATIVE DEFENSES TO COMPLAINT
29, The Defendant realleoes and incornorates herein the nreceding naraoranhs,
30. The Plaintiff has failed to comply with the equitable remedies available to them under
the equitable subrogation doctrine.
31. The Plaintiff failed to comply with the Dodd-Frank Act, by failing to give the
required notice.
DEMAND FOR JURY TRIAL
Defendant requests a trial by jury for all issues so triable.
WHEREFORE, Defendant demands judgment for damages against the Plaintiff,
together with costs, interest and attorneys fees as well as reimbursement of all payments
made by Defendant.CERTIFICATE OF SERVICE
THEREBY CERTIFY that a true and correct copy of the foregoing document was
furnished by e-mail to all persons on the attached service list tis fi ‘th day of October, 2016:
FBN: 131739
Attomey for Defendant, Wolfe
Hoffman & Hoffman, P.A.
1610 Southern Blvd.
West Palm Beach, Florida 33406
Phone; 561-478-7066
Fax: 561-697-8317
Email: alhl@juno.com‘EXHIBIT 1 i a - oe @
. Loan No. COS013863
ADJUSTABLE RATE NO’
(LIBOR 6-Month Index “an : Ob 2 } 3 9 1040)
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY
MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY
ONE TIME AND THE MAXIMUM RATE I MUST PAY.
July 20, 2005 IRVINE CALIFORNIA
Date] [ci] [State]
3942 DALE RD, WEST PALM BEACH, FIL 33406
(Property Address]
1. BORROWER'S PROMISE TO PAY
In retum for a loan that I have received, I promise to pay U.S.$ 186,750.00 (this amount is called "Principal",
plus interest, fo the order of the Lender, The Lender ig BNC MORTGACE INC, A DET AWARE CODPORATION 7
Ra aiy Atty ER AURA TV RRR SARL UPUREA EEN
will make all payments under this Note i 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 7 7
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a
yearly rate of 5.990 %. The interest rate I will pay will change in accordance with Section 4 of this Note.
The interest rate required by this Section 2 and Section 4 of this Note is the rate I 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.
I will make my monthly payments on the first day of each month beginning on © September 1, 2005 .
I will 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 ofits scheduled due date and will be
applied to interest before Principal. If, on August 1, 2035 , L 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 OOMC, Atin:Payment Processing, P.O. Box 44042, Jacksonville, FL.
32231-4042 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. $ 118. 47 . This amount may change.
(C) Monthly Payment Changes
Changes in my monthly payment will reflect changes i in the unpaid principal of Pmy loan and in the interest rate that I
must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment m
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 August, 2007 , and on that day every 6th
month thereafter. Each date on which my interest rate could change is called a "Change Date."
8) The Index .
fntewnat entn entlt ha honed an an Inday ‘Tha "indovll is the overane of
Beginning wiin ihe ist Change Date, My imMeies Tats Wis OS Vase Gh Gh AGGOK, TNS UINCOX" Go te avorage C2
interbank offered rates for 6-month U.S. dollar-denominated deposits in the London market based on quotations of major
banks, as published in the "Money Rates" section of ‘The Wall Street Journal. The most recent Index figure available as of
the date 45 days before each Change Date is called the "Current Index,"
Tf 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.
(C) Calculation of Changes 7
Before each Change Date, the Note Holder will calculate my hew interest rate by adding Five And 650/1000
nercentage voints ¢ 5.650 %) to the Current Index. The Note Holder will then round the result of
F711 elie sls TAURINE ALN Curbinat ba tha Menttn nintad in Cantian AID halawfad © Y Net
- @) Limits on Interest Rate Changes
The interest rate I am required to pay at the first Change Date will not be greater than 7.990 % or Jess than
5.990 %,. Thereafter, may interest rate will never be increased or decreased on any single Change Date by more than one
percentage point ( 1.0%) from the rate of interest I have been paying for the preceding 6 months. My interest rate will
néver be less than 5.990 % or preater than the lesser of ji) 12.990 % or (ii) the highest interest xate
allowed by jaw. -
(&) Effective Date of Changi
My new interest rate will become effective on each Change Date. I will pay the amount of. my new monthly payment
beginning on the first monthly payment date after the Change Date until the amount of my 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; PREPAYMENT CHARGE
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, I will tell the Note Holder in writing that I am doing so. I may not
designate a payment as a Prepayment if I have not made all the monthly payments due under this Note. :
If 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 agrees in writing to those changes. 7
Ifwithin twenty-four (° 24 ) months after the date of execution of the Security Instrument (as
defined below) I make a full Prenavment or nartial Pronavment(s), T will at the some time naw fs the Note Uttar =
Prepayment charge equal to six (6) months' advance interest on the amount of the Prepayment that, when added to all other
amounts prepaid during the 12-month period immediately preceding the date of the Prepayment, exceeds twenty percent
(20%) of the original Principal amount of this Note. 7
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: (2) any such
Joan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit: and (b) any sums already
collected from me that exceeded permitted limits will be refumded to me. The Note Holder may choose to make this refund
by reducing the Principal J owe under this‘Note or by making a direct payment to me. If a refund reduces Principal, the
seduction 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 the end of 10 calendar
days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 6% of my
overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment.
@) Default
J£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
£1 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 that-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 Hoider
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 I am in default at a later time.
(&) 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.
3 GIYING UF ROLLED
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 T give the
Note Holder a notice of my different address. ; ;
- Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note
will be given 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,
9, OBLIGATIONS OF PERSONS UNDER THIS NOTE
a - a een fa alee land emnnmanlley abtiantad ta Trane all af sha menminan mada inawe tno 7 Neon!
‘10. warvers roe
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 peisous that amounts due have not been paid.
il. SECURED NOTE
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
Ido not keep the promises that 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. Somie of those conditions are described
as follows: .
If all or any part of the Property or any Int in the Pronerty ig so
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.
Jf 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.
Ald or trancfarrad fae if Daeeaens fa mat =
rae Ui theuuwawahwa (Ol 4b LULLOWOR JS MUL &
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.
Nn
OY (Seal) (Seal)
GEORG! 'OLFE Borrower . Borrower
(Sel) OL Beal),
Borrower Borrower
(Seal) ; (Seal)
Borrower Borrower
foreman ADTOMRTAT Ovi
[OIG URLGINAL UNL EAPPLICATION NUMBER:
BORROWERS NAME:
BORROWERS ADDRESS:
PAY TO THE ORDER OF:
COS013863"
WOLFE, GEORGIA
3942 DALE RD 7
WEST PALM BEACH, FL 33406
ALLONGE TO NOTE
WITHOUT RECOURSE BNC MORTGAGE, INC.
aN
Gee
“)
{_<
JAMIE. LANGEORD a
Pee aea) *
, es
ADJUSTABLE RATE NO’ Lon No, CTD
, .
(LIBOR 6-Month Index-Rate an
di
THIS NOTE CONTAINS PROVISIONS ALLOWING FoR CHANGES RY MY
MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RA‘
ONS TIME AND THE MAXIMUM RATE I MUST PAY.
IRVINE + CALIFORNIA
[Cay] aa [State]
TAMPOTeT plan sam seer
SMipawol RATS AND IMT
‘CAN CHANGE AT ANY
‘Juby.20, 2005,
Bate]
3942 DALE RD, WEST PALM BEACH, FL 33406
[Property Address] E
1, BORROWER'S PROMISE TO FAY ; : :
In tum fora loan that I have received, I promise to pay U.S.$ 186,750.00 (this amount is called "Priacipat"),
Pics interest, to the order of the Lender. The Lender is BNC MORTGAGE, INC., A DELAWARE CORPORATION .
‘wall rake all payments under this Note in the form af casb, check or money order.
Tnunertand that the Lender may transfer this Note, The Leader or anyone who takes this Note by transfer and who is
entitled f0 y2ceive payments under this Note ia called the "Note Holder." :
2. INTEREST 7 :
interest will be charged on uppaid principal until the full amount of Principal has been paid. 1 will pay Interest at a
yearly rateof 5.990 9%. The interest rate I will pay will change in accordance with Section 4 of this Note.
‘The nierest raie required by ihis Section 2 and Section 4 of this Note is the rate I wilt pay both before and after any
default described in Sectién 1(B) of this Note.
3. PAYMENTS :
(A) Time and Place of Payments
all pay principal aud interest by msking a payment every month.
« Twill make my monthly payments on the fist day ofeach month beginning on September 1, 2008 .
{ will make these payments every month watt ¥ bave paid all of thn principal and imerest and any other charges described
‘below that may owe under this Note, Bach monthly payment will be applied as ofits scheduled due date and will be
” applied to interest before Principal, If, on August 1, 2035 +1 still owe amounts under this Nots, I
will pay those amounts in fill
Tew
Jacksonville, ¥L.
ig, FU, BOE
: Fi
32231-4042 or ata different place if required by the Note Helder.
(B) Amount of My Initial Monthly Payments
Each of my initial monthly payments will be in the amount ofUS.$ 1,118.47 + This amount may change,
(©) Monthly Payment Changes 7
Changes in my monthly payment will reflect changes in the unpaid principal of my loan end in the interest rate that [
maust 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 ate Twill pay may chanze on the frst day of A 007
month thereafter, Each date on which my interest rate could change is called a "Change Date”
{B) The Index i ;
Beginning with the firat Change Date, my interest rate will be based on an Index, The "Index" is the average of
interbank offered rates for 6-month U.S, dollar-denominated deposits in the London murket based on qvotations of major
banks, as yublished in the "Money Rates" section of The Wall Steet Journal, Ths most recent Index gure available as of
the date 45 days before exch Change Date is called the "Current Index.” :
i 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,
(C) Calculation of Changes = =|
Before each Change Date, the Note Holder will calculate my new interest rate by adding Fivé And 6S0/1000
percentage points( 5.650 %) to the Index, The Note Holdee will thea round the result of
On fo the nearest one-eighth of ons percentage point subject to tte limits stated in Section 4(D) below,
this rounded amount will be my new interest rate'until the next Change Date. at
‘The Note Holder will thea determine the amount of the monthly payment that would be sufficient to repay the unpaid
principal that I em expected to owe at the Change Date in full on the Maturity Dats st my new interest rate in substantially
equal payments, The result of this calculation willbe the new amount of my monthly payment, :
007 and an that dav avery
jeadon that dey very
FLORORROTRRDOONE rar) ; Rev. 115
oe :
. Borrower Inittats
ewan ee
—@~ () Limits ou Interest Rate Changes
Tat inteest rate Tam required fo pay atthe fst Change Dato wil not be greater faan 7.990 % or less than
5.990%, Thereafter, my interest rato will never be increased or decroased on any.single Change Date by more than ons.
Percentage point ( 1.0%) from the rate of interest f have been paying for the preceding 6 months, My interest rate will
never be leis thax 5.990% or greater than the lesser of (1) 12.990 % or (ii) the highest interest rate
allowed by law.
@) Effective Date of Changes
My new interest rete will become effective an each Change Date. Iwill pay the amount of my new mouthly payment
beginning on the fist monthly payment date after the Change Date until the amount of my monthly payment changes again.
Notice of Changes
‘Tae Note Holder will deliver or mil to me a notice of any changes in my Interest rate and the amount of my monthly
‘Payment before the éffective date of any change. The notice will inctude information required by law to be given to me and
also the title and telephone aumber of a person who will answer any question ¥ may have regarding the notice.
5. BORROWER'S RIGHT TO PREPAY; PREPAYMENT. CHARGE
Ihave 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 Noto Halder in writing that Lam doing so, Tmay not
designate a payment as 2 Prepayment if I have not made all the monthly payments due under this Note, .
If make a partial Prepayment, there will be no changes, in the due date or inthe amount of my monthly payment unless
the Note Holder agrees in writing to those changes, -
Ifwithia twenty-four ("24 * months afer the date of execution ofthe Security Instrument (as
defined below) I make s full Prepayment or partial Prepayment(a), I will at the same time pay to the Note Holder a
Prepayment charge equal to six (6) months advance interest on the amount of the Prepayment that, when added to all other
amounts prepaid dusing the 12-month petiod immediately reedig th the date of the Prepayment, excerds twenty percent
(20%) of the original Principa) amount of this Note,
6 LOAN CHARGES
Ifa law, which epplics to this Joan and which sets eurxlmum loon charges, is finally interpreted so that the interest or
‘oiner ioan charges coliecied or io be coliecied in connection wiih this foan exceed the permitted limits, then: (a) any such
loan ebarge shall be reduced by the amount necessary to reduce the charge to the permitted mit; and (b) any sums already
collected from me that exceeded permitted limits will be refunded to me, The Note Holder may choose to make this refund
by reduclag the Principal I owe under this Note or by making a direct payment to me. If'a refund reduces Principal, the
eduction will be treated as a partial Prepayment.
7. BORROWER'S FAILURE TO PAY AS REQUIRED
{A) Late Charges for Overdue Payments
I the Note Holder has not received the foll amount of any monthly payment by the end of 10 calendar
days after the date it fs due, I will pay a late charge to the Note Holder. The amount of the charge willbe 6% of my
overdue paymsnt of principal and interest. I will pay this late charge promptly but only oace on each late payraent.
AI Defante
yee
If1 do not pay the fall amount of each monthly payment ou the date it is due, Twill be in default.
(©) Notice of Defautt
IfTara in defiult, the Note Holder may send me a written notice telling me that if do not pay the overdue amount by a
‘certain date, the Note Holder may require me to pay immediately the full amount ofPrincipal that has not beea paid and all
‘he fnterest that owe on that amount. That date must Bea east 30 days ater the date on wich the notice is mailed to me or
delivered by other means.
(0) No Waiver By Note Holder
fBven if ats time when 1 am in default, the Note Holder docs not require me to pty immediately in full ap described
above, the Note Holder will atill have the right todo s0 if Fam in defauitat a later time.
{E) Payment of Note Holder's Costs and Expences
Ifthe 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 mo for all of its costs nd expenses ia tafring ths Noe to the een ant proited by epi lew.
‘Those expenses include, for example, reasonable atomeys fees :
8, GIVING OF NOTICES
‘Unless applicable law requires a different method, any notice that must be given to mo 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 « different address if J give the
Note Holder a notice of my different address.
‘Unless the Note Holder requires a different method, any notice that must be given fo the Note Holder under this Note
will be given by mailing itby first class mail to the Note Holder at the address stated in Section 3(A) above or at a different
address if fam given a notice of that different address,
% ‘ERSONS UNDER THIS NOTE
‘If more than one person signs this Note, exch person is fully and personally abligated to Keep all ofthe promises made in
this Note, incading the promise to pay the full amount owed. Any person who ig x guarantor, surety or endorser ofthis Note
is also obligated to de these things. Any perton who takes over these obligations, Tachuding the obligations of a guarantor,
surety or endorser of this Note, is also obligated to keep all of the promiscs made in this Note. The Note Holder may enforce
its rights under ths Note agalnst each person individually or gains all of us together, This means that any one of us may be
required to pay all of the amounts owed under this Note. 7
FLORIDA ARM FROORAE r
Pogezot Rev, 15
. Borrower InitialeA cor a
“i. WAIVERS eRe et
J and sny other person who has obligations under this Note waive the rights of Presentment and Notice of Dishoner,
“Prekentment® means the right to require the Note Holder to demand payment of armcunts due, “Notice of Dishonor" means
the right to require the Note Hotter to give notice to other persons that amcunts due have not been paid.
1, SECUREDNOTE
In addition tothe protections given to the Note Holder under this Note, a Mortgage, Decd of Trust or Secuzity Deed (the
“Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if
Ida notkeep the promises that I make inthis Notc. That Security Instrument describes bow and wades what conditions I may
be required to make immediate payment in full ofall amounts ¥ owe under this Note. Some of those conditions are described
as follows: :
If all or any part of the Property or any Interest in the Property is sald or transferred (or if Borrower is not 3
« natural person and a beneficial interest in Borrower Is Sold or transfected) without Lender's prior written consent,
Lender may require immediate payment in full of all sums secured by this Security Indtrument, However, this
option shall not be exercised by Lender if such exerelse fs prohibited by Applicable Law.
Ie Lender exercises ths option, Lender shal give Borrower notice of acceleration, The uote shall provide a
Period of not iess than 30 days trom ine daie ine notice is given in accordance jection 13 within witicis
Borrower must pay all sums secured by this Security Instrument, If Borrower fails to pay these cums prior to the
expiration of this period, Lender may invoke any remedies penmitted by this Security Instrument.
12, DOCUMENTARY TAX
‘The state documentiry tax due on this Note has been pald on the Mortgage securing thi indebtedness,
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED,
ZW ly Ge (Seal)
GEORGAWOLFE Bonower Borrower
eal) (Seal)
Borrower *— Borrower
(eal) (Seal)
Borrower Borrower
{SIGN ORIGINAL ONLY]
‘FLORIDA ARE PROGRARETADN Poge3ot3 Rev, 195
Borrower tniials
—_—
rain feAPPLICATION NUMBER: ‘Qa
BORROWERS NAME: - , “WOLFE, GEORGIA
j : BORROWERS ADDRESS: i 3942 DALERD .
: __ , WESTPALM BEACH, FL 33406 :
pee eee eee Eee __ ALEONGE TO NOTE
PAY TO THE ORDER OF:
WITHOUT RECOURSE BNC MORTGAGE, NG,
ae co? . :
oe lize
' TAME A ;
VI SID!» >»
ADJUSTABLE RATE NOTE Loan No. COS013863
(LIBOR 6-Month index-Rate Caps)
THIS NOFE CONTAINS PROVISIONS ALLOWING FOR CHANGRS IN MV INTHRRCT BATE ann sev
MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RAT CAN CHANGE
ONE TIME AND THE MAXIMUM RATE IMUST PAY. ete
Suly 20, 2008 IRVINE CALIFORNIA
Wate} (Cyt {State}
3942 DALE RD, WEST PALM BEACH, FL 33406
[Property Address)
1. BORROWER'S PROMISE TO PAY
In retum for a Ioan that I have received, I promise to pay US, $ 186,750.00 (tds amount is called "Principal"),
plus interest, to the order of the Lender. The Lender is BNC MORTGAGE, INC, A DELAWARE CORPORATION . 1
‘vill make all payments under this Note in the form oP CaSi; CHECK Or money Order:
T understand that the Lender may transfer this Note: The Lender or anyone who takes this Note by transfer and who 1s"
entitled to receive paymients under this Note is called the "Note Holder."
2, INTEREST
Interest will be charged on unpaid principal until che full amount of Principal bas been paid. I will pay interest at a
yearly rateof 5.990%. The interest rate I will pay will change in accordance with Section 4 of this Note.
‘The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay ‘both before and after any
default described in Section 7(B) of this Note. 7
5 rants ~ (cc
(A) Time and Place of Fayments
Iwill pay principal and interest by making a payment every month,
Iwill make my monthly payments on the first day of each month beginning on September 1, 2005
Iwill make these payments every month until I haye paid all of the principal and interest aud any other charges descsibed
‘below thatI may owe under this Note, Bach monthly payment will be applied aso fitsscheduled due dateand willbe
applied to interest before Principal. If, on August 1, 2035 » I still owe amounts under this Note, I
will pay those amounts in full on that date, which is called the "Maturity Date."
Iwillmake my monthly payments at OOMC, Attn:Paymont Processing, P.O. Box 44042, Jacksonville, FL.
32231-4042 or ata different place if required by the Note Holder.
(B) Amount of My Initial Monthly Payments
Each of my inital monthly payments willbe in the amount of U.S.$ 1,118.47 «This amount may change,
{C) Monthly Payment Changes
Changes in my monthly payment will reflect changes in the unpaid principal of my Ioan and in the interest rote 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. [ av? A\wb
4 INTERUST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The interest rate Iwill pay may change on the first day of Avgast,2007 —,andonilatdayevery 6th
‘month thereafter. Each date on which my interest rate could change is called a "Change Date.”
@) The Index
Beginning with the first Change Date, my interest rate will be based on an Index. The “Index” is the average of
interbanie offered rates for 6-month U.S. dollar-denoralaated deposits in the London market based on quotatous of major
tanks, as publisbed io the “Money Rates" section of The Wall Street Journal. The most recent Index figure avallable as of
the date 45 days before each Change Date Is called the "Current Index."
Tf 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.
ok fi
Before ‘each Change Date, the Note Holder will calculate my new interest rate by adding Five And 650/1000
percentage points ( 5.650 %) to the Current Index, The Note Holder will then round ‘the result of
this addition to the nearest one-eighth of one perceitage 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 the ‘Matusity Date at my new interest rate in substantially
equal payments, The result of this calculation will be the new amount of my monthly payment,
nim
Wr
FLODA ARN PROGEANS pees” iD ; Rev 115
Borrower Initlals|
i
(©) Limits on Interest Rate Changes
‘The interest rate I am required fo pay at the first Change Date will not be greater than 7990 % or less than
5990 %. Thereafter, my interest rate will never be increased or decreased on any sizgle Change Date by more than one
percentage point 1.08) Bom the tof interest ive been paying fr the preceding 6 months, My interest rate wil
never be less ‘or greater the lesser of 12.990 ir
pada 0 ’ % or (i) the highest interest rate
6 Sttective Date of Changes
fy new interest rate will become effective on each Change Date I will pay the amount of my new monthly payment
beginning on the first monthly payment date after the Change Date until the amount of my mon bh
@ Notice of Changes iin
‘The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the atnount of my monthly
payment before the effective date of any change. The notice will include information required by law to be given tome and
also the ttle and telephone number of a person who will answer any question I may have regarding the notice.
5, BORROWER'S RIGHT TO PREPAY; PREPAYMENT CHARGE
Thave the right to make payments of Principal at any time before they are due. A. payment of Principal only fs
know 95 a "Prepayment." When T make a Ptenayment I will tel the Note Holder in waitie that Tamm doine so, T mav nat
desfgnate a payment as a Prepayment if Thave notimade all the monthly payments due under this Note, =e
If make a partial Prepayment, there will be no changes in the due date or ii the amount of my monthly payment untess
the Note Holder agrees in waiting to these changes,
Iewithin twenty-four (24) months after the date of execution of the Security Insteument (as
defined below) I make a full Prepayment or partial Prepayments), I will at the same time pay t0 the Note Holder a
Prepayment charge equal to six (6) months! advance interest on the amount of the Prepayment that, when added to all other
amounts prepaid duting the [2-month period immediately preceding the date of the Prepayment, exceeds twenty percent
(20%) of the original Principal amount of this Note,
nan and whish ents mavinntm Inan rharwat te Finally internratad on shat tha fatecaat a
Oh, Cudiges, ts manauy Euveprewea $0 wide Mo HNGTES OF
Joan exceed the permitted limits, then (a) any such
Joan change shall be reduced by the amount necessary ¢0 reduce the charge (o the permitted limit; and (b) any sums already
collected from me that exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund
by reducing the Princfpal I 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 the end of 10 calendar
days after the dateit is due Lwill pay a late charge to the Note Holder. ‘The amount of he charge will be 6% ofmy
ay payment of principal and interest. 1 will pay this late charge promptly but oniy once on each iate payment,
Default
IfTdonotpay the full amount of each monthly payment on the date it is due, I wilt be in default,
+ (Notice of Default
‘TEI am in default, the Note Holder may send me a written notice telling me that ifI do not pay the overdue amount by a
certain date, the Note Holder may require me to pay immediately the full amount of Principal that has not been paid and all
the interest that I owe on that amount. That date must be at feast 30 days after the date on which the notice is mailed tome or
delivered by other means.
* @) 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 deseribed
above, the Note Holder will still have the right to do so iff am in default at a later time.
(8) Payment of Note Holder's Costs and Expenses
Ifthe Note Holder has required me to pay fumediately in full as desoribed above, the Note Holder will have te right to
be paid back by me for all ofits costs and expenses in enforcing this Note ¢o the extent not prohibited by applicable law.
Those expenses include, for example, reasonable attomeys’ fess.
8. GIVING OF NOTICES
Unless applicable faw 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 T give the
Note Holdera notice of my different address, 7
‘Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note
‘wil he cium hu mailing it hy fret elass mail fo the Note Holder at the address stated in Section 3(A} above or ata different
address if Tam given a notice of that different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE : . :
‘fmore 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 guarattor, surety or endorser of this Note
ig also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor,
surety or endorser of this Noto, is also obligated to keep all of the promises made in this Note. The Note Holdermay enforce
its rights under this Note against each person individually or against all of us together, This means that any one of us mtay be
required to pay all of the amounts owed under this Note.
Rev. 19S
FLORIDA ARMTROGRANS Page2of?
‘Borrower lnitials
RADE6 é
10. WAIVERS
I ane any other person who has obligatioas under this Note waive the rights of Presentment and Notice of Dishonor.
"Presentment" means the tight 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 haye not been paid.
Ul. SECURED NOTE
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
Ido not keep the promises that I make in this Note. That Security Instrument describes how andunder what conditions Imay
be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described
as follows:
Wall or any pact of the Property or any Interest in the Property is sold or transfered (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.
JELender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a
pena of not ies than 30 Gays irom 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 o pay these sums prior to the
expitation of this period, Lender may invoke any remedies permitted by this Security Insinument.
12%. DOCUMENTARY TAX
‘The state documentary tax due on this Nate has been paid on the Mortgage securing this indebtedness.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
bp (sea) co)
GEORGIAVOLKE Borrower Borrower
(Seal) (Gcal)
Borrower Borrower
(Seal) (Seal)
Bonower Borower
(SIGN ORIGINAL ONLY}
FLORIDA ARM PROGRAM TAD) Page3 of 3 abd
Borrower Initials —Loan No.; COS013863
ADJUSTABLE RATE RIDER
(LIBOR 6 Month Index -Rate Caps)
THIS ADJUSTABLE RATE RIDER is made this 20th day of July, 2005 ,
and is incorporated info and shall be deemed to amend and supplement the Morgags, Deed of Trust ot
Security Deed (the "Security Instrument") of the same date given by the undasigzed (the "Borrower") to
secure Borrower's Adjustable Rate Note (the "Note"} to BNC MORTGAGE, INC., A DELAWARE
CORPORATION (the "Lender") of the same date and covering the property described in the
Security Tastrument and located at:
3942 DALE RD, WEST PALM BEACH, FL 33406
Eroperty Address]
THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE
INTEREST RATE AND. THE MONTHLY. PAYMENT. TSE NOTE LIMITS THE
AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME,
AND THE MAXIMUM RATE THE BORROWER MUST PAY.
ADDITIONAL COVENANTS. in addition to the covenants and agwentents made in the
‘Sccurlty Instrument; Borrower and Lender further covenant and agree as follows:
INTEREST RATE AND MONTHLY PAXMENT CHANGES
‘The Note provides for an initial interest rate of . 5.990%, The Note provides for changes in
the interest rate and the monthly payments, as follows:
"4, INTEREST RATE AND MONTHLY PAYMENT CHANGES
(4) Change Dates
‘The interest rats I will pay may change on the first day of August, 2007 , and on that
dayevery 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 average of interbank offered rates for 6-month U.S. dollar-denominated deposits in the London market
based on quotations of major banks, as published in the ‘Money Rates" section of Tie Wall Street Joumal..
The most recent Index figure available as of the date 45 days before each Chango Date is called the
"Current Index."
If the Index is no longer available, the Note Holder will chooss a new index which is based upon.
comparable information. ‘The Note Holder will give me notice of this choice.
ADLE RATE RDERLIDOR 6 MONTH IND! iy vas
Page 1 off ‘
Borrower Initia eee eie Ieetet
RAD
CERTIFIED TO BE A TRUE AND EXACT
COPY OF THE ORIGINAL
FIDELITY NATIONA), TTL(© Caleulation of Changes
Before each Change Date, the Note Holder will calculate my new interest rate by adding Five
And 6s0/1000 narcantawa mainte ( LER OLN bn thea nna 9 ne
comiage pois Saou oy Ww we Cute andGK, ThE Note
5 a
Holder will then round the result of this addition to the nearest one-eighth of ont percentage 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
Preview
: Filing # 47759145 E-Filed 10/18/2016 01:46:22 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA, CIVIL DIVISION. i U.S. BANK NATIONAL ASSOCIATION, CASE NO.: 502014CA001256XXXXMB ETC., Plaintiffs, v. GEORGIA WOLFE, ETC., Defendant(s), : / SECOND AMENDED MOTION FOR LEAVE TO AMEND AFFIRMATIVE. DEFENSES AND TO AMEND COUNTERCLAIM (Amended as to attachment of Second Amended Counterclaim) Defendant/Counter Claimant, GEORGIA WOLFE, (hereinafter referred toa as s “Defendant”) by and thenunh hae vada: ad nttnenar havaker thin Wanncnhla Annet fre an anu UUs Aer undersigned auoimey, ucieuy MOVES us OMOLauIS COUT 107 aii Cider Siang ner Amended Motion for Leave to Amend Affirmative Defenses and to Amend Counterclaim and as grounds therefore would show the Court: 1. Defendant received the Notice of Acceleration in this case showing that Plaintiff failed to comply with the provisions of the Dodd-Frank Act (12 CFR §1024.41 Loss Mitigation Procedures). 2. Nefendant urichac tn add the affirmative defence nf the Nadd_Frank Act ta thair Anourme and ZACDOG WHOS WO G46 LOY GHUGUYS GedeloY Ud Ue 27 CUUTE Rau 220 WO UML SLOW GLa ‘Affirmative Defenses in this case which states that a servicer cannot begin foreclosure proceedings until the borrower is 120 days delinquent in their payments. 3. Defendant wishes to add punitive damages to her counterclaim as demonstrated within her second amended counterclaim which is filed in this case. (See attached) 4, Additionally, Defendant wishes ta amend her counterclaim to add IPMorvan C! Chase Rank ac an additional Counter- “Defendant. 5. Finally, Defendant wishes to add that Plaintiff lacks standing to bring this action, Defendant wishes to add the defense of the statute of limitations barring Plaintiffs complaint, and/or the defense of adverse possession to her affirmative defenses in this case. 6. The granting of this motion will not delay the progress of this case. WHEREFORE, for all of the foregoing reasons, Defendant respectfully requests that this Honorable Court grant her Amended Motion for Leave to Amend Affirmative Defenses and to Amend Counterclaim. I HEREBY CERTIFY that a true and correct copy of the foregoing document was furnished by ~ email this 18" day of October, 2016 to all persons listed on the attached service list. . Baciud ~ Esq. fBus mey for Defendant, Wolfe IDSE By: FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 10/18/2016 01:46:22 PMHoffman & Hoffman, P.A. 1610 Southem Blvd. West Faim Beach, FL 33406 Phone: 561-478-7066 Fax: 561-697-8317 FBN: 131739 Email: alh1@juno.comSERVICE LIST Attorneys for Plaintiff John M. Jorgensen, Esq. SCOTT, HARRIS, BRYAN, BARRA & JORGENSEN, P.A. 4400 PGA Boulevard, Suite 603 Palm Beach Gardens, Florida 33410 Primary Email: Pleadings@Scott-Harris.com Secondary Email: iviJorgensen@Scoii-Harris.com Secondary Email: KFalsey@Scott-Harris.com Co-Counsel for Plaintiff Albertelli Law P.O, Box 23028 Tampa, EL 33623 ae er Pinay iy Eman, saiveaaw@awer 1euuaw.coui Co-Counsel for Plaintiff Alicia R. Whiting-Bozich, Esq. Edward B. Pritchard, Esq. Kass Shuler 1501 N. Florida Avenue DN Rav enn eu On Ue Tampa, FL 33502-0800 Email: Epritcha@kasslaw.com Secondary Email: ForeclosureService@kasslaw.com Secondary Email: Eportal@kasslaw.comIN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH: COUNTY, FLORIDA. CASE NO.: 502014CA001256XXXXMB DIVISION: AW U.S. BANK NATIONAL ASSOCIATION, et al, Plaintiffs, vs. GEORGIA WOLFE, et al, Defendants. vs. U.S. BANK NATIONAL ASSOCIATION, et al, Counter-Defendants. / SECOND AMENDED COUNTER CLAIM The Defendant, GEORGIA WOLFE, by and through undersigned counsel, sues the Plaintiff, U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED TUROTMENT TAAN TDITOT MAD TOAGT DAGG mrmaArnTT ASSET INVESTMENT LOAN AND 1, MUKLUAUEL FAS0-LKUUULL CERTIFICATES, SERIES 2005-8, and herein called U.S. BANK, and alleges: COUNT I CANCELLATION OF THE MORTGAGE 1 This is an action to cancel a morteace tals 1 an action fo cancel 2 mortgage, 2. On or about July 25, 2005, Lenders First Choice entered into a quiet title with the Defendant, to pay a mortgage recorded in Palm Beach County, Florida, herein referred to as Dana Mortgage.3. Defendant paid all payments from July 2005 to February 1, 2010. 4, U.S. BANK refused to accept the morteage nav: February 1, 20 1 0. 5. Lenders First Choice was the collection agent for Dana Capital and they collected money from July 2005 until August 22, 2007. 6. Prior to 2009, in Palm Beach County, Florida, Plaintiff came into possession of a Note and Mortgage. This Note and Mortgage is not recorded in the Official Record Books of Palm Beach County and is referred to herein as the BNC Mortgage. 7. Defendant did not sign the BNC Note or Mortgage. 8. At the time the default notice was received, Defendant had a mortgage on her property. This Mortgage was recorded in OR Book 19108 at Page 898 in Palm Beach County and is harain vafarnd tn ac Hin Dow. eh COUnY, SiG 15 Neen TeLsirea to as tie Dana Morpage. 11 nas Hot been satisied. 9. The Defendant assumed that the mortgage she was receiving information about from the Plaintiff was the Dana lad 10. At the time the Plaintiff notified the Defendant that their agent was the servicing agent for the BNC Mortgage, the Plaintiff knew this was a false statement. The Plaintiff also knew that this was a material fact and that Defendant would rely on these misrepresentations and Defendant did. 11. Defendant paid the monthly payment on the Dana loan to the servicing agent, Chase Bank, through January 1, 2010. The servicing agent refused to accept the payment for February 1, 2010 on the mortgage, even though the mortgage required notice before a default conld occur, Plaintiff failed th citra tha nating ALLL AU WU GLYY GY IOULCEs12. Plaintiff then filed a lawsuit alleging foreclosure for nonpayment on the Dana Mortgage. This mortgage was dated June 25, 2005. This lawsuit was filed in the Circuit Court as case number 50-2009-CA018298XXXXAW. This case number is referred to as the Dana foreclosure. 13. Plaintiff then filed an affidavit in support of a Motion for Summary Judgment and the- Plaintiff stated that the Dana Mortgage was a valid Mortgage on the property and should be foreclosed. This was a misrepresentation on the part of the Plaintiff and the Plaintiff knew it was false. The Plaintiff did not have a valid Note and Mortgage from Dana on the property and knew this in 2005 and concealed it from the Defendant. 14. Plaintiff then filed the foreclosure in this case and alleged that the BNC Note and Mortgage was a valid Note and Mortgage and that the Mortgage previously sworn to by the Plaintiff was not valid, The complaint filed in this case was sworn to by the Plaintiff, Further, the mortgage stated that the document stamp and state tax stamps were paid. This is untrue and Plaintiff knew it was untrue. 15. Defendant made payments on a Mortgage she thought was valid until February 1, PAIN Dininsi fl Ala wnt haven 2 1enwnd awa de 221 ee i a ir ULV. FIGUIUE UU MUL avo @ IOpal Lipa LU CULICUL LUOSt SULUS HU Was aware OF nal [act at the time they collected the funds and Plaintiff failed to disclose that fact to the Defendant. ‘16. Plaintiff owes the Defendant for all sums collected from Defendant on the mortgages allegedly owned by the Plaintiff herein. 17, Plaintiff, through its servicing agent, obtained an assignment of the Dana mortgage that was the subject of the BNC mortgage foreclosure. Plaintiff obtained an assignment of this mortgage and knew at the time they obtained the assignment that the assignment was fraudulent. The Plaintiff obtained this assignment for the sole purpose of trying to establish 3the BNC Mortgage as the first Mortgage on this property. Said Dana Mortgage was not assigned to the Plaintiff, but to the servicing agent of the Plaintiff. 18. Plaintiff failed to obtain a release for the Southstar Funding, LLC Mortgage recorded in OR Book 14001 at page 614: Said Mortgage has never been satisfied and remains a cloud on Defendants title as well as the first Mortgage on the property. It was Plaintiffs responsibility to pay this Mortgage. They knew they had this responsibility but did not pay it. WHEREFORE, Defendant requests that all mortgages against the property be satisfied and the Plaintiff be ordered to refund all monies paid by the Defendant. MONEY DAMAGES 19. The Defendant realleges and incorporates herein the preceding paragraphs, WHEREFORE, Defendant requests a judgment against Defendant for damages, both punitive and general. COUNT III DODD-FRANK ACT VIOLATION 20. The Defendant realleges and incorporates herein the preceding paragraphs. ; 21. When the Plaintiff refused to accept payments from the Defendant, on or about February 1, 2010, said failure caused a default. This was not of the Defendant's making, 22, The Plaintiff has failed to comply with the Dodd-Frank Act, as it did not wait the time period to file the foreclosure action, after giving notice of default. WHEREFORE, Defendant demands judgment and strike the action for foreclosure until such time as Plaintiff complies with the Dodd-Frank Act, COUNT IV CANCELLATION OF FORGED ASSIGNMENT OF MORTGAGE. 23. The Defendant realleges and incorporates herein the preceding paragraphs. 4 7N 24. U.S. BANK NATIONAL ASSOCIATION, as trustee, hereby appointed BNC Mortgage as it's agent for presenting this mortgage to be foreclosed. 25. — Chase has presented at least three copies.of the Note to be foreclosed. Copies attached. Only one Note is valid, at most. 26. — Chase has filed an assignment of mortgage by forging the name of Dana Capital. 27, ‘The aie atleged in Piaintii’s compiatat herein are forgeries Ted by Chase ta an attempt to foreclose the mortgage of BNC Mortgage. 28. Both BNC and Dana Capital filed for bankruptcy in 2009. No assignment of the mortgage was ever filed for either mortgages in the possession of the trustee. WHEREFORE, Defendant requests that the mortgage be canceled and all monies paid by the Defendant be refunded. AFFIRMATIVE DEFENSES TO COMPLAINT 29, The Defendant realleoes and incornorates herein the nreceding naraoranhs, 30. The Plaintiff has failed to comply with the equitable remedies available to them under the equitable subrogation doctrine. 31. The Plaintiff failed to comply with the Dodd-Frank Act, by failing to give the required notice. DEMAND FOR JURY TRIAL Defendant requests a trial by jury for all issues so triable. WHEREFORE, Defendant demands judgment for damages against the Plaintiff, together with costs, interest and attorneys fees as well as reimbursement of all payments made by Defendant.CERTIFICATE OF SERVICE THEREBY CERTIFY that a true and correct copy of the foregoing document was furnished by e-mail to all persons on the attached service list tis fi ‘th day of October, 2016: FBN: 131739 Attomey for Defendant, Wolfe Hoffman & Hoffman, P.A. 1610 Southern Blvd. West Palm Beach, Florida 33406 Phone; 561-478-7066 Fax: 561-697-8317 Email: alhl@juno.com‘EXHIBIT 1 i a - oe @ . Loan No. COS013863 ADJUSTABLE RATE NO’ (LIBOR 6-Month Index “an : Ob 2 } 3 9 1040) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. July 20, 2005 IRVINE CALIFORNIA Date] [ci] [State] 3942 DALE RD, WEST PALM BEACH, FIL 33406 (Property Address] 1. BORROWER'S PROMISE TO PAY In retum for a loan that I have received, I promise to pay U.S.$ 186,750.00 (this amount is called "Principal", plus interest, fo the order of the Lender, The Lender ig BNC MORTGACE INC, A DET AWARE CODPORATION 7 Ra aiy Atty ER AURA TV RRR SARL UPUREA EEN will make all payments under this Note i 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 7 7 Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 5.990 %. The interest rate I will pay will change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I 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. I will make my monthly payments on the first day of each month beginning on © September 1, 2005 . I will 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 ofits scheduled due date and will be applied to interest before Principal. If, on August 1, 2035 , L 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 OOMC, Atin:Payment Processing, P.O. Box 44042, Jacksonville, FL. 32231-4042 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. $ 118. 47 . This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes i in the unpaid principal of Pmy loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment m 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 August, 2007 , and on that day every 6th month thereafter. Each date on which my interest rate could change is called a "Change Date." 8) The Index . fntewnat entn entlt ha honed an an Inday ‘Tha "indovll is the overane of Beginning wiin ihe ist Change Date, My imMeies Tats Wis OS Vase Gh Gh AGGOK, TNS UINCOX" Go te avorage C2 interbank offered rates for 6-month U.S. dollar-denominated deposits in the London market based on quotations of major banks, as published in the "Money Rates" section of ‘The Wall Street Journal. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index," Tf 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. (C) Calculation of Changes 7 Before each Change Date, the Note Holder will calculate my hew interest rate by adding Five And 650/1000 nercentage voints ¢ 5.650 %) to the Current Index. The Note Holder will then round the result of F711 elie sls TAURINE ALN Curbinat ba tha Menttn nintad in Cantian AID halawfad © Y Net - @) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 7.990 % or Jess than 5.990 %,. Thereafter, may interest rate will never be increased or decreased on any single Change Date by more than one percentage point ( 1.0%) from the rate of interest I have been paying for the preceding 6 months. My interest rate will néver be less than 5.990 % or preater than the lesser of ji) 12.990 % or (ii) the highest interest xate allowed by jaw. - (&) Effective Date of Changi My new interest rate will become effective on each Change Date. I will pay the amount of. my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my 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; PREPAYMENT CHARGE 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, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under this Note. : If 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 agrees in writing to those changes. 7 Ifwithin twenty-four (° 24 ) months after the date of execution of the Security Instrument (as defined below) I make a full Prenavment or nartial Pronavment(s), T will at the some time naw fs the Note Uttar = Prepayment charge equal to six (6) months' advance interest on the amount of the Prepayment that, when added to all other amounts prepaid during the 12-month period immediately preceding the date of the Prepayment, exceeds twenty percent (20%) of the original Principal amount of this Note. 7 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: (2) any such Joan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit: and (b) any sums already collected from me that exceeded permitted limits will be refumded to me. The Note Holder may choose to make this refund by reducing the Principal J owe under this‘Note or by making a direct payment to me. If a refund reduces Principal, the seduction 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 the end of 10 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 6% of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. @) Default J£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 £1 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 that-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 Hoider 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 I am in default at a later time. (&) 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. 3 GIYING UF ROLLED 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 T give the Note Holder a notice of my different address. ; ; - Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note will be given 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, 9, OBLIGATIONS OF PERSONS UNDER THIS NOTE a - a een fa alee land emnnmanlley abtiantad ta Trane all af sha menminan mada inawe tno 7 Neon! ‘10. warvers roe 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 peisous that amounts due have not been paid. il. SECURED NOTE 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 Ido not keep the promises that 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. Somie of those conditions are described as follows: . If all or any part of the Property or any Int in the Pronerty ig so 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. Jf 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. Ald or trancfarrad fae if Daeeaens fa mat = rae Ui theuuwawahwa (Ol 4b LULLOWOR JS MUL & 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. Nn OY (Seal) (Seal) GEORG! 'OLFE Borrower . Borrower (Sel) OL Beal), Borrower Borrower (Seal) ; (Seal) Borrower Borrower foreman ADTOMRTAT Ovi [OIG URLGINAL UNL EAPPLICATION NUMBER: BORROWERS NAME: BORROWERS ADDRESS: PAY TO THE ORDER OF: COS013863" WOLFE, GEORGIA 3942 DALE RD 7 WEST PALM BEACH, FL 33406 ALLONGE TO NOTE WITHOUT RECOURSE BNC MORTGAGE, INC. aN Gee “) {_< JAMIE. LANGEORD a Pee aea) * , es ADJUSTABLE RATE NO’ Lon No, CTD , . (LIBOR 6-Month Index-Rate an di THIS NOTE CONTAINS PROVISIONS ALLOWING FoR CHANGES RY MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RA‘ ONS TIME AND THE MAXIMUM RATE I MUST PAY. IRVINE + CALIFORNIA [Cay] aa [State] TAMPOTeT plan sam seer SMipawol RATS AND IMT ‘CAN CHANGE AT ANY ‘Juby.20, 2005, Bate] 3942 DALE RD, WEST PALM BEACH, FL 33406 [Property Address] E 1, BORROWER'S PROMISE TO FAY ; : : In tum fora loan that I have received, I promise to pay U.S.$ 186,750.00 (this amount is called "Priacipat"), Pics interest, to the order of the Lender. The Lender is BNC MORTGAGE, INC., A DELAWARE CORPORATION . ‘wall rake all payments under this Note in the form af casb, check or money order. Tnunertand that the Lender may transfer this Note, The Leader or anyone who takes this Note by transfer and who is entitled f0 y2ceive payments under this Note ia called the "Note Holder." : 2. INTEREST 7 : interest will be charged on uppaid principal until the full amount of Principal has been paid. 1 will pay Interest at a yearly rateof 5.990 9%. The interest rate I will pay will change in accordance with Section 4 of this Note. ‘The nierest raie required by ihis Section 2 and Section 4 of this Note is the rate I wilt pay both before and after any default described in Sectién 1(B) of this Note. 3. PAYMENTS : (A) Time and Place of Payments all pay principal aud interest by msking a payment every month. « Twill make my monthly payments on the fist day ofeach month beginning on September 1, 2008 . { will make these payments every month watt ¥ bave paid all of thn principal and imerest and any other charges described ‘below that may owe under this Note, Bach monthly payment will be applied as ofits scheduled due date and will be ” applied to interest before Principal, If, on August 1, 2035 +1 still owe amounts under this Nots, I will pay those amounts in fill Tew Jacksonville, ¥L. ig, FU, BOE : Fi 32231-4042 or ata different place if required by the Note Helder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount ofUS.$ 1,118.47 + This amount may change, (©) Monthly Payment Changes 7 Changes in my monthly payment will reflect changes in the unpaid principal of my loan end in the interest rate that [ maust 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 ate Twill pay may chanze on the frst day of A 007 month thereafter, Each date on which my interest rate could change is called a "Change Date” {B) The Index i ; Beginning with the firat Change Date, my interest rate will be based on an Index, The "Index" is the average of interbank offered rates for 6-month U.S, dollar-denominated deposits in the London murket based on qvotations of major banks, as yublished in the "Money Rates" section of The Wall Steet Journal, Ths most recent Index gure available as of the date 45 days before exch Change Date is called the "Current Index.” : i 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, (C) Calculation of Changes = =| Before each Change Date, the Note Holder will calculate my new interest rate by adding Fivé And 6S0/1000 percentage points( 5.650 %) to the Index, The Note Holdee will thea round the result of On fo the nearest one-eighth of ons percentage point subject to tte limits stated in Section 4(D) below, this rounded amount will be my new interest rate'until the next Change Date. at ‘The Note Holder will thea determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I em expected to owe at the Change Date in full on the Maturity Dats st my new interest rate in substantially equal payments, The result of this calculation willbe the new amount of my monthly payment, : 007 and an that dav avery jeadon that dey very FLORORROTRRDOONE rar) ; Rev. 115 oe : . Borrower Inittats ewan ee —@~ () Limits ou Interest Rate Changes Tat inteest rate Tam required fo pay atthe fst Change Dato wil not be greater faan 7.990 % or less than 5.990%, Thereafter, my interest rato will never be increased or decroased on any.single Change Date by more than ons. Percentage point ( 1.0%) from the rate of interest f have been paying for the preceding 6 months, My interest rate will never be leis thax 5.990% or greater than the lesser of (1) 12.990 % or (ii) the highest interest rate allowed by law. @) Effective Date of Changes My new interest rete will become effective an each Change Date. Iwill pay the amount of my new mouthly payment beginning on the fist monthly payment date after the Change Date until the amount of my monthly payment changes again. Notice of Changes ‘Tae Note Holder will deliver or mil to me a notice of any changes in my Interest rate and the amount of my monthly ‘Payment before the éffective date of any change. The notice will inctude information required by law to be given to me and also the title and telephone aumber of a person who will answer any question ¥ may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY; PREPAYMENT. CHARGE Ihave 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 Noto Halder in writing that Lam doing so, Tmay not designate a payment as 2 Prepayment if I have not made all the monthly payments due under this Note, . If make a partial Prepayment, there will be no changes, in the due date or inthe amount of my monthly payment unless the Note Holder agrees in writing to those changes, - Ifwithia twenty-four ("24 * months afer the date of execution ofthe Security Instrument (as defined below) I make s full Prepayment or partial Prepayment(a), I will at the same time pay to the Note Holder a Prepayment charge equal to six (6) months advance interest on the amount of the Prepayment that, when added to all other amounts prepaid dusing the 12-month petiod immediately reedig th the date of the Prepayment, excerds twenty percent (20%) of the original Principa) amount of this Note, 6 LOAN CHARGES Ifa law, which epplics to this Joan and which sets eurxlmum loon charges, is finally interpreted so that the interest or ‘oiner ioan charges coliecied or io be coliecied in connection wiih this foan exceed the permitted limits, then: (a) any such loan ebarge shall be reduced by the amount necessary to reduce the charge to the permitted mit; and (b) any sums already collected from me that exceeded permitted limits will be refunded to me, The Note Holder may choose to make this refund by reduclag the Principal I owe under this Note or by making a direct payment to me. If'a refund reduces Principal, the eduction will be treated as a partial Prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED {A) Late Charges for Overdue Payments I the Note Holder has not received the foll amount of any monthly payment by the end of 10 calendar days after the date it fs due, I will pay a late charge to the Note Holder. The amount of the charge willbe 6% of my overdue paymsnt of principal and interest. I will pay this late charge promptly but only oace on each late payraent. AI Defante yee If1 do not pay the fall amount of each monthly payment ou the date it is due, Twill be in default. (©) Notice of Defautt IfTara in defiult, the Note Holder may send me a written notice telling me that if do not pay the overdue amount by a ‘certain date, the Note Holder may require me to pay immediately the full amount ofPrincipal that has not beea paid and all ‘he fnterest that owe on that amount. That date must Bea east 30 days ater the date on wich the notice is mailed to me or delivered by other means. (0) No Waiver By Note Holder fBven if ats time when 1 am in default, the Note Holder docs not require me to pty immediately in full ap described above, the Note Holder will atill have the right todo s0 if Fam in defauitat a later time. {E) Payment of Note Holder's Costs and Expences Ifthe 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 mo for all of its costs nd expenses ia tafring ths Noe to the een ant proited by epi lew. ‘Those expenses include, for example, reasonable atomeys fees : 8, GIVING OF NOTICES ‘Unless applicable law requires a different method, any notice that must be given to mo 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 « different address if J give the Note Holder a notice of my different address. ‘Unless the Note Holder requires a different method, any notice that must be given fo the Note Holder under this Note will be given by mailing itby first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if fam given a notice of that different address, % ‘ERSONS UNDER THIS NOTE ‘If more than one person signs this Note, exch person is fully and personally abligated to Keep all ofthe promises made in this Note, incading the promise to pay the full amount owed. Any person who ig x guarantor, surety or endorser ofthis Note is also obligated to de these things. Any perton who takes over these obligations, Tachuding the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promiscs made in this Note. The Note Holder may enforce its rights under ths Note agalnst each person individually or gains all of us together, This means that any one of us may be required to pay all of the amounts owed under this Note. 7 FLORIDA ARM FROORAE r Pogezot Rev, 15 . Borrower InitialeA cor a “i. WAIVERS eRe et J and sny other person who has obligations under this Note waive the rights of Presentment and Notice of Dishoner, “Prekentment® means the right to require the Note Holder to demand payment of armcunts due, “Notice of Dishonor" means the right to require the Note Hotter to give notice to other persons that amcunts due have not been paid. 1, SECUREDNOTE In addition tothe protections given to the Note Holder under this Note, a Mortgage, Decd of Trust or Secuzity Deed (the “Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if Ida notkeep the promises that I make inthis Notc. That Security Instrument describes bow and wades what conditions I may be required to make immediate payment in full ofall amounts ¥ owe under this Note. Some of those conditions are described as follows: : If all or any part of the Property or any Interest in the Property is sald or transferred (or if Borrower is not 3 « natural person and a beneficial interest in Borrower Is Sold or transfected) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Indtrument, However, this option shall not be exercised by Lender if such exerelse fs prohibited by Applicable Law. Ie Lender exercises ths option, Lender shal give Borrower notice of acceleration, The uote shall provide a Period of not iess than 30 days trom ine daie ine notice is given in accordance jection 13 within witicis Borrower must pay all sums secured by this Security Instrument, If Borrower fails to pay these cums prior to the expiration of this period, Lender may invoke any remedies penmitted by this Security Instrument. 12, DOCUMENTARY TAX ‘The state documentiry tax due on this Note has been pald on the Mortgage securing thi indebtedness, WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED, ZW ly Ge (Seal) GEORGAWOLFE Bonower Borrower eal) (Seal) Borrower *— Borrower (eal) (Seal) Borrower Borrower {SIGN ORIGINAL ONLY] ‘FLORIDA ARE PROGRARETADN Poge3ot3 Rev, 195 Borrower tniials —_— rain feAPPLICATION NUMBER: ‘Qa BORROWERS NAME: - , “WOLFE, GEORGIA j : BORROWERS ADDRESS: i 3942 DALERD . : __ , WESTPALM BEACH, FL 33406 : pee eee eee Eee __ ALEONGE TO NOTE PAY TO THE ORDER OF: WITHOUT RECOURSE BNC MORTGAGE, NG, ae co? . : oe lize ' TAME A ; VI SID!» >» ADJUSTABLE RATE NOTE Loan No. COS013863 (LIBOR 6-Month index-Rate Caps) THIS NOFE CONTAINS PROVISIONS ALLOWING FOR CHANGRS IN MV INTHRRCT BATE ann sev MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RAT CAN CHANGE ONE TIME AND THE MAXIMUM RATE IMUST PAY. ete Suly 20, 2008 IRVINE CALIFORNIA Wate} (Cyt {State} 3942 DALE RD, WEST PALM BEACH, FL 33406 [Property Address) 1. BORROWER'S PROMISE TO PAY In retum for a Ioan that I have received, I promise to pay US, $ 186,750.00 (tds amount is called "Principal"), plus interest, to the order of the Lender. The Lender is BNC MORTGAGE, INC, A DELAWARE CORPORATION . 1 ‘vill make all payments under this Note in the form oP CaSi; CHECK Or money Order: T understand that the Lender may transfer this Note: The Lender or anyone who takes this Note by transfer and who 1s" entitled to receive paymients under this Note is called the "Note Holder." 2, INTEREST Interest will be charged on unpaid principal until che full amount of Principal bas been paid. I will pay interest at a yearly rateof 5.990%. The interest rate I will pay will change in accordance with Section 4 of this Note. ‘The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay ‘both before and after any default described in Section 7(B) of this Note. 7 5 rants ~ (cc (A) Time and Place of Fayments Iwill pay principal and interest by making a payment every month, Iwill make my monthly payments on the first day of each month beginning on September 1, 2005 Iwill make these payments every month until I haye paid all of the principal and interest aud any other charges descsibed ‘below thatI may owe under this Note, Bach monthly payment will be applied aso fitsscheduled due dateand willbe applied to interest before Principal. If, on August 1, 2035 » I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." Iwillmake my monthly payments at OOMC, Attn:Paymont Processing, P.O. Box 44042, Jacksonville, FL. 32231-4042 or ata different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my inital monthly payments willbe in the amount of U.S.$ 1,118.47 «This amount may change, {C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my Ioan and in the interest rote 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. [ av? A\wb 4 INTERUST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate Iwill pay may change on the first day of Avgast,2007 —,andonilatdayevery 6th ‘month thereafter. Each date on which my interest rate could change is called a "Change Date.” @) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The “Index” is the average of interbanie offered rates for 6-month U.S. dollar-denoralaated deposits in the London market based on quotatous of major tanks, as publisbed io the “Money Rates" section of The Wall Street Journal. The most recent Index figure avallable as of the date 45 days before each Change Date Is called the "Current Index." Tf 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. ok fi Before ‘each Change Date, the Note Holder will calculate my new interest rate by adding Five And 650/1000 percentage points ( 5.650 %) to the Current Index, The Note Holder will then round ‘the result of this addition to the nearest one-eighth of one perceitage 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 the ‘Matusity Date at my new interest rate in substantially equal payments, The result of this calculation will be the new amount of my monthly payment, nim Wr FLODA ARN PROGEANS pees” iD ; Rev 115 Borrower Initlals| i (©) Limits on Interest Rate Changes ‘The interest rate I am required fo pay at the first Change Date will not be greater than 7990 % or less than 5990 %. Thereafter, my interest rate will never be increased or decreased on any sizgle Change Date by more than one percentage point 1.08) Bom the tof interest ive been paying fr the preceding 6 months, My interest rate wil never be less ‘or greater the lesser of 12.990 ir pada 0 ’ % or (i) the highest interest rate 6 Sttective Date of Changes fy new interest rate will become effective on each Change Date I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my mon bh @ Notice of Changes iin ‘The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the atnount of my monthly payment before the effective date of any change. The notice will include information required by law to be given tome and also the ttle and telephone number of a person who will answer any question I may have regarding the notice. 5, BORROWER'S RIGHT TO PREPAY; PREPAYMENT CHARGE Thave the right to make payments of Principal at any time before they are due. A. payment of Principal only fs know 95 a "Prepayment." When T make a Ptenayment I will tel the Note Holder in waitie that Tamm doine so, T mav nat desfgnate a payment as a Prepayment if Thave notimade all the monthly payments due under this Note, =e If make a partial Prepayment, there will be no changes in the due date or ii the amount of my monthly payment untess the Note Holder agrees in waiting to these changes, Iewithin twenty-four (24) months after the date of execution of the Security Insteument (as defined below) I make a full Prepayment or partial Prepayments), I will at the same time pay t0 the Note Holder a Prepayment charge equal to six (6) months! advance interest on the amount of the Prepayment that, when added to all other amounts prepaid duting the [2-month period immediately preceding the date of the Prepayment, exceeds twenty percent (20%) of the original Principal amount of this Note, nan and whish ents mavinntm Inan rharwat te Finally internratad on shat tha fatecaat a Oh, Cudiges, ts manauy Euveprewea $0 wide Mo HNGTES OF Joan exceed the permitted limits, then (a) any such Joan change shall be reduced by the amount necessary ¢0 reduce the charge (o the permitted limit; and (b) any sums already collected from me that exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Princfpal I 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 the end of 10 calendar days after the dateit is due Lwill pay a late charge to the Note Holder. ‘The amount of he charge will be 6% ofmy ay payment of principal and interest. 1 will pay this late charge promptly but oniy once on each iate payment, Default IfTdonotpay the full amount of each monthly payment on the date it is due, I wilt be in default, + (Notice of Default ‘TEI am in default, the Note Holder may send me a written notice telling me that ifI do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal that has not been paid and all the interest that I owe on that amount. That date must be at feast 30 days after the date on which the notice is mailed tome or delivered by other means. * @) 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 deseribed above, the Note Holder will still have the right to do so iff am in default at a later time. (8) Payment of Note Holder's Costs and Expenses Ifthe Note Holder has required me to pay fumediately in full as desoribed above, the Note Holder will have te right to be paid back by me for all ofits costs and expenses in enforcing this Note ¢o the extent not prohibited by applicable law. Those expenses include, for example, reasonable attomeys’ fess. 8. GIVING OF NOTICES Unless applicable faw 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 T give the Note Holdera notice of my different address, 7 ‘Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note ‘wil he cium hu mailing it hy fret elass mail fo the Note Holder at the address stated in Section 3(A} above or ata different address if Tam given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE : . : ‘fmore 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 guarattor, surety or endorser of this Note ig also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Noto, is also obligated to keep all of the promises made in this Note. The Note Holdermay enforce its rights under this Note against each person individually or against all of us together, This means that any one of us mtay be required to pay all of the amounts owed under this Note. Rev. 19S FLORIDA ARMTROGRANS Page2of? ‘Borrower lnitials RADE6 é 10. WAIVERS I ane any other person who has obligatioas under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the tight 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 haye not been paid. Ul. SECURED NOTE 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 Ido not keep the promises that I make in this Note. That Security Instrument describes how andunder what conditions Imay be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Wall or any pact of the Property or any Interest in the Property is sold or transfered (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. JELender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a pena of not ies than 30 Gays irom 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 o pay these sums prior to the expitation of this period, Lender may invoke any remedies permitted by this Security Insinument. 12%. DOCUMENTARY TAX ‘The state documentary tax due on this Nate has been paid on the Mortgage securing this indebtedness. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. bp (sea) co) GEORGIAVOLKE Borrower Borrower (Seal) (Gcal) Borrower Borrower (Seal) (Seal) Bonower Borower (SIGN ORIGINAL ONLY} FLORIDA ARM PROGRAM TAD) Page3 of 3 abd Borrower Initials —Loan No.; COS013863 ADJUSTABLE RATE RIDER (LIBOR 6 Month Index -Rate Caps) THIS ADJUSTABLE RATE RIDER is made this 20th day of July, 2005 , and is incorporated info and shall be deemed to amend and supplement the Morgags, Deed of Trust ot Security Deed (the "Security Instrument") of the same date given by the undasigzed (the "Borrower") to secure Borrower's Adjustable Rate Note (the "Note"} to BNC MORTGAGE, INC., A DELAWARE CORPORATION (the "Lender") of the same date and covering the property described in the Security Tastrument and located at: 3942 DALE RD, WEST PALM BEACH, FL 33406 Eroperty Address] THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND. THE MONTHLY. PAYMENT. TSE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME, AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. in addition to the covenants and agwentents made in the ‘Sccurlty Instrument; Borrower and Lender further covenant and agree as follows: INTEREST RATE AND MONTHLY PAXMENT CHANGES ‘The Note provides for an initial interest rate of . 5.990%, The Note provides for changes in the interest rate and the monthly payments, as follows: "4, INTEREST RATE AND MONTHLY PAYMENT CHANGES (4) Change Dates ‘The interest rats I will pay may change on the first day of August, 2007 , and on that dayevery 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 average of interbank offered rates for 6-month U.S. dollar-denominated deposits in the London market based on quotations of major banks, as published in the ‘Money Rates" section of Tie Wall Street Joumal.. The most recent Index figure available as of the date 45 days before each Chango Date is called the "Current Index." If the Index is no longer available, the Note Holder will chooss a new index which is based upon. comparable information. ‘The Note Holder will give me notice of this choice. ADLE RATE RDERLIDOR 6 MONTH IND! iy vas Page 1 off ‘ Borrower Initia eee eie Ieetet RAD CERTIFIED TO BE A TRUE AND EXACT COPY OF THE ORIGINAL FIDELITY NATIONA), TTL(© Caleulation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding Five And 6s0/1000 narcantawa mainte ( LER OLN bn thea nna 9 ne comiage pois Saou oy Ww we Cute andGK, ThE Note 5 a Holder will then round the result of this addition to the nearest one-eighth of ont percentage 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