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  • Everhome Mortgage Company Plaintiff vs Dyer, Clark D etal Defendant CA Mortgage Foreclosure document preview
  • Everhome Mortgage Company Plaintiff vs Dyer, Clark D etal Defendant CA Mortgage Foreclosure document preview
  • Everhome Mortgage Company Plaintiff vs Dyer, Clark D etal Defendant CA Mortgage Foreclosure document preview
  • Everhome Mortgage Company Plaintiff vs Dyer, Clark D etal Defendant CA Mortgage Foreclosure document preview
  • Everhome Mortgage Company Plaintiff vs Dyer, Clark D etal Defendant CA Mortgage Foreclosure document preview
  • Everhome Mortgage Company Plaintiff vs Dyer, Clark D etal Defendant CA Mortgage Foreclosure document preview
  • Everhome Mortgage Company Plaintiff vs Dyer, Clark D etal Defendant CA Mortgage Foreclosure document preview
  • Everhome Mortgage Company Plaintiff vs Dyer, Clark D etal Defendant CA Mortgage Foreclosure document preview
						
                                

Preview

4/16/2009 2:46 PM Filed Lee County Clerk of Court IN THE CIRCUIT OF THE 20th JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR LEE COUNTY EverHome Mortgage Company, Plaintiff, vs CASE NO: 2009-CA-052589 Clark D. Dyer and Lori G. Dyer, Husband and Wife; Suncoast Schools Federal Credit Union; Unknown Parties in Possession #1; Unknown Parties in Possession #2; If living, and all Unknown Parties claiming by, through, under and against the above named Defendant(s) who are not known to be dead or alive, whether said. Unknown Parties may claim an interest as Spouse, Heirs, Devisees, Grantees, or Other Claimants Defendant(s). AFFIDAVIT IN SUPPORT OF MOTION FOR FINAL SUMMARY JUDGMENT STATE OF : “SS. Florida COUNTY oF _ Duval . BEFORE ME, the undersigned authority, this date appeared Michele aCaew , ___ Assistant Vice President has knowledge and access to collections and delinquent records for EverHome Mortgage Company, the Plaintiff or its servicing agent, Everhome Mortgage Company herein, being personally known to me and having taken an oath, deposes and says: 1. That your affiant makes this affidavit on personal knowledge and not upon information or belief.2. Your Affiant has knowledge and access 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 EverHome Mortgage Company is the holder and owner of that certain mortgage originally given by Clark D. Dyer and Lori G. Dyer, Husband and Wife, to Mortgage Electronic Registration Systems, Inc., as Nominee for Ironstone Bank-FL, dated May 28, 2004, filed for record June 11, 2004, at Official Records Book 4411 Page 797, Under Clerk s File No. 2004-6415709, in the Public Records of Lee 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 October 1, 2008 and all payments thereafter have not been paid and the balance which became due on the mortgage note on September 1, 2008 has 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 May 11, 2009, is as follows; to wit; Principal Due on Note and Mortgage $137,871.93 Pre-Acceleration Late Charges: $171.20 Interest due from September 1,2008 $5502.32 through May 11, 2009 at 5.75% ADVANCES MADE AND PAID BY PLAINTIFF: Escrow: $72.17 Property Inspection: $27.00 TOTAL ADVANCES: $99.17 TOTAL: $143,644.62 Plus interest of $21.72 per day from May 12, 2009. 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 is 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. & AFFIANT Sworn to and subscribed before me this QO day of Mauc! L > 2009. 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. NAME OF NDTARY: |. AA. Joues Notary(Publi¢ - State of Fovida Commissi cain |. M. JONES Notary Public - State of Florida Comm. Expires oct 16, 2012 Commission # D0 831652 Through National Notary Assn. 09-126431