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IN THE CIRCUIT OF THE 12thJUDICIALCIRCUIT Sax Oo S
OF FLORIDA, IN AND FOR SARASOTA COUNTY BA SA om
one “ 29
mt py -
Deutsche Bank National Trust Company, as FR oO A
Trustee for the registered holders of GSAMP Se a <3 2,
Trust 2006-NC2, Mortgage Pass-Through Doe x. ZB,
Certificates, Series 2006-NC2, SEO FF
nS,
Case #: 2007-CA-008190-SC “es,
Plaintiff, Division #: H
-VS.- UNC:
William Mcminn; Pamela M. Mcminn;
Sarasota County;
Defendant(s). _
NOTICE OF FILING
PLAINTIFF, Deutsche Bank National Trust Company, as Trustee for the registered
holders of GSAMP Trust 2006-NC2, Mortgage Pass-Through Certificates, Series 2006-NC2,
hereby gives Notice of Filing: Affidavit in Support of- 2. l
FL Bar # 0013442
SHAPIRO & FISHMAN, LLP
Attorneys for Plaintiff
10004 N. Dale Mabry Highway
Suite 112
Tampa, FL 33618
Telephone: (813) 880-8888
Fax: (813) 880-8800
arr
CoilingI HEREBY CERTIFY thag a true copy of the above and foregoing Notice of Filing was
mailed on this “*)day of {__ , 2007, by Ist Class U.S. Mail to the following:
William Mcminn, 197 Huntington Drive, Leesburg, GA 31763
Pamela M. Mcminn, 197 Huntington Drive, Leesburg, GA 31763
Sarasota County, C/O Milan Brkich, Esquire, 1660 Ringling Blvd., 2nd Floor, Sarasota, FL
34236
Occupants, 2166 Lakewood Drive, Nokomis, FL 34275
DENISE E. ELDER
FL Bar # 0013442
SHAPIRO & FISHMAN, LLP
Attorneys for Plaintiff
10004 N. Dale Mabry Highway
Suite 112
Tampa, FL 33618
Telephone: (813) 880-8888
Fax: (813) 880-8800
"THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED
FOR THAT PURPOSE."
07-78206TIN THE CIRCUIT OF THE 12th JUDICIAL CIRCUIT
OF FLORIDA, IN AND FOR SARASOTA COUNTY
Deutsche Bank National Trust Company, as
Trustee for the registered holders of GSAMP
Trust 2006-NC2, Mortgage Pass-Through
Certificates, Series 2006-NC2,
Plaintiff,
CASE NO: 2007-CA-008190-SC
-VS.-
William Mcminn; Pamela M. Mcminn; Sarasota
County;
_ Defendant(s). _ ;
AFFIDAVIT IN SUPPORT OF MOTION
FOR FINAL/SUMMARY JUDGMENT
STATE OF FLORIDA
> SS.
COUNTY OF ORANGE
BEFORE ME, the undersigned authority, this date appeared Jessica Dybas,
Default Liaison, in charge of collections and delinquent records for Ocwen Loan
Servicing, LLC, the Plaintiff or its servicing agent herein, being personally known to me
and having taken an oath, deposes and says:
l. That your affiant makes this affidavit on personal knowledge and not upon
information or belief.
2. Your Affiant has access, custody and control of the records maintained by
Plaintiff or its servicing agent with respect to the mortgage loan account which is the
subject of the instant action. (hereafter referred to as the Mortgage).
3. Your affiant is familiar with the business practices of Plaintiff and asserts
that it is the regular business practice of Plaintiff or its servicing agent herein to record
acts, transactions, payments, communications, escrow account activity, disbursements,events, and analyses with respect to the mortgage. These records are prepared by persons
with knowledge of, or from information transmitted from persons with knowledge of, the
acts, transactions, payments, communications, escrow account activity, disbursements,
events, and analyses. All records are made at or near the time the acts, transactions,
payments, communications, escrow account activity, disbursements, events, and analyses
occur.
4. That the records referred to in paragraph 3 above are maintained by
Plaintiff or its servicing agent in the ordinary course of its regular business activity of
mortgage lending, banking and servicing, and reflect regularly conducted business
practices of mortgage lending, banking and servicing.
5. That the Plaintiff or its servicing agent did prepare and maintain records of
the type referred to in paragraph 3 above with respect to the Mortgage.
6. That Deutsche Bank National Trust Company, as Trustee for the
registered holders of GSAMP Trust 2006-NC2, Mortgage Pass-Through Certificates,
Series 2006-NC2 is the holder and owner of that certain mortgage originally given by
William R. Mcminn and Pamela M. Mcminn, Husband and Wife, to Home123
Corporation, dated April 6, 2006, filed for record April 20, 2006, at Official Records
Book 2006 Page 73101, Under Clerk’s File No. 2006-073101, in the Public Records of
County, Florida. The Note and Mortgage attached to the original complaint filed in this
matter are correct copies of the Note and Mortgage which are the subject matter of this
action.
7. That the payment due March 1, 2007 and all payments thereafter have not
been paid and the balance which became due on the mortgage note on February 1, 2007has not been paid to the present and by reason thereof the mortgage and note are in
default.
8. That all conditions precedent to the prosecution of this action have been
performed or have occurred.
9. That the amount presently due upon said Mortgage Note and Mortgage as
of October 22, 2007, is as follows; to wit;
Principal Due on Note and Mortgage $236,434.37
Pre-Acceleration Late Charges: $721.92
Interest due from February 1,2007 through $14329.78
October 22,2007 at 8.35%
ADVANCES MADE AND PAID BY PLAINTIFF:
Escrow Advance: $514.69
Other Suspense Balance: $-543.77
Title Report Fee: $300.00
BPO: $107.00
Certified Mail Cost: $9.34
TOTAL ADVANCES: $387.26
TOTAL: $251,873.33
Plus interest of $54.09 per day from October 23, 2007.
10. That by reason of the aforesaid default in the payment of the
installments due under the terms of the Note and Mortgage, Plaintiff has elected to
accelerate the payment of the entire principal sum, together with accrued interest, all of
which has been declared to be due and payable to Plaintiff.
11. That Plaintiff has expended and will expend during the pendency of this
suit certain necessary costs to protect its security, all of which are secured by the lien of
the aforesaid Mortgage.12. That Plaintiff has employed SHAPIRO & FISHMAN, LLP as its attorneys
to represent their interests in this proceeding and has agreed to pay them a reasonable
attorney’s fee for their services. This fee 1s an additional indebtedness secured by the lien
of the mortgage.
13. That your affiant makes the aforesaid statements in support of the
Plaintiff's Motion for Final/Summary Judgment of Foreclosure.
FURTHER AFFIANT SAYETH NAUGHT.
(COL
AF&JANT: JESSICA DYBAS,
Default Liaison
Sworn to and subscribed before me this 24th day of September 2007. The
undersigned notary public specifies that affiant’s signature is the signature being
notarized and that the affiant personally appeared before the notary public at the time of
notarization. Affiant personally known.
a a
NAME OF NOTARY: Queen Roberts
Notary Public - State of. Florida
Commission No. BDDSUUSSO
Me Notary Public State of Florida |
> Queen Roberts
My Commission DD566550 |
Expires 08/28/2010
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