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IN THE CIRCUIT COURT OF THE
12TH JUDICIAL CIRCUIT, IN AND FOR
SARASOTA COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.:
DEUTSCHE BANK TRUST COMPANY
AMERICAS FORMERLY KNOWN’ AS
BANKER'S TRUST COMPANY, AS
TRUSTEE AND CUSTODIAN FOR
IXIS 2006-HE3 BY: SAXON
MORTGAGE SERVICES, INC. F/K/A
MERITECH MORTGAGE SERVICES,
INC. AS ITS ATTORNEY-IN-FACT,
Lt
-
Plaintiff,
VS.
WAYNE MILLER A/K/A WAYNE
ANTHONY MILLER; BANK OF
AMERICA, NA; UNKNOWN SPOUSE
OF WAYNE MILLER A/K/A WAYNE
ANTHONY MILLER; JOHN DOE;
JANE DOE AS UNKNOWN TENANT
(S) IN POSSESSION OF THE
SUBJECT PROPERTY,
Defendants.
COMPLAINT
The Plaintiff, DEUTSCHE BANK TRUST COMPANY AMERICAS FORMERLY
KNOWN AS BANKER'S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IXIS
2006-HE3 BY: SAXON MORTGAGE SERVICES, INC. F/K/A MERITECH MORTGAGE
SERVICES, INC. AS ITS ATTORNEY-IN-FACT, sues the Defendants named in
the caption hereof and alleges:
COUNT I
1. This is an action to reestablish a promissory note under Section
673.3091 Florida Statutes.
2. On April 14, 2006 at SARASOTA County, Florida, WAYNE MILLER A/K/A
WAYNE ANTHONY MILLER executed and delivered to MORTGAGE APPROVAL
SERVICES, INC., a promissory note in the principal amount of §$
180,000.00.
3. Plaintiff is the owner of said note.
4. The original promissory note was lost or destroyed subsequent to
Plaintiff’s acquisition thereof, the exact time and manner of
said loss or destruction being unknown to Plaintiff.
07-11552
Filed for Record 07/11/2007 08:45 AM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 007968 SC Dkt-27365671 Page 1 of 289. Plaintiff was in possession of the promissory note and was
entitled to enforce it when loss of possession occurred.
6. The loss of possession was not the result of a transfer by
Plaintiff or a lawful seizure.
7, Plaintiff cannot reasonably obtain possession of the promissory
note because its whereabouts cannot be determined. Said note is
not in the custody or control of Plaintiff.
8. The Defendants named in this Complaint are the only persons known
to Plaintiff who are interested for or against reestablishment of
the subject note.
9. Plaintiff agrees to the entry of a Final Judgment of Mortgage
Foreclosure requiring it indemnify and hold harmless the
Defendants obligor(s) of the promissory note by reason of a claim
by another person/entity attempting to enforce the lost note
herein.
WHEREFORE, Plaintiff demands this court re-establish the Lost Promissory Note.
10. This is an action to foreclose a mortgage on real property in
SARASOTA County, Florida.
Tl. On April 14, 2006, WAYNE MILLER A/K/A WAYNE ANTHONY MILLER
executed and delivered a promissory note and Mortgage securing
payment of the same to MORTGAGE APPROVAL SERVICES, INC., which
mortgage was recorded in INSTRUMENT #2006075336 of the Public
Records of SARASOTA County, Florida and which mortgaged the
property described therein, then owned by and in possession of
Said mortgagor. A copy of the mortgage is attached hereto and
made a part hereof.
12. Plaintiff is the owner of said note.
13. Defendant(s), WAYNE MILLER A/K/A WAYNE ANTHONY MILLER, own(s) the
property.
14. There has been a default under the note and mortgage held by
Plaintiff in that the payment due March 01, 2007 and all
subsequent payments have not been made. Plaintiff declares the
full amount due under the note and mortgage to be now due.
07-11552
Filed for Record 07/11/2007 08:45 AM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 007968 SC Dkt-27365671 Page 2 of 2815. All conditions precedent to the filing of this action has been
performed or has occurred.
16. There is now due, owing and unpaid to the Plaintiff as of the
date of the filing of this complaint the following amounts on
principal of said note and mortgage: unpaid principal
balance: $ 179,000.48, plus interest, escrow, title search
expenses for ascertaining necessary parties to this suit, title
search, title exam, filing fee, and attorneys fees and costs.
17. Plaintiff has obligated itself to pay the undersigned attorneys a
reasonable fee for their services herein, Pursuant to the loan
documents Plaintiff is entitled to an award of attorneys fees.
18. Defendants, JOHN DOE and JANE DOE, as Unknown Tenant(s) in
possession of the subject property, may claim some interest in or
lien upon the subject property arising form being in actual
possession of same, but interest, if any, is subject and inferior
to the lien of Plaintiff’s mortgage.
19. The Defendant, BANK OF AMERICA, NA may claim some interest in or
lien upon the subject property by virtue of Mortgage, which is
recorded at INSTRUMENT #2006195334 of the Public Records of
SARASOTA County. Said interest, if any, is subject and inferior
to the lien of Plaintiff’s mortgage.
20. The Defendant, UNKNOWN SPOUSE OF WAYNE MILLER A/K/A WAYNE ANTHONY
MILLER may claim some interest in or lien upon the subject
property by virtue of Any possible Homestead Interest. Said
interest, if any, is subject and inferior to the lien of
Plaintiff’s mortgage.
WHEREFORE, Plaintiff prays as follows:
(a.) That this Court will take jurisdiction of this cause, the subject
matter and the parties hereto.
(b.) That this Court ascertain and determine the sums of money due and
payable to the Plaintiff from the Defendant(s), including without
limitation principal, interest, advances, attorney fees, and
costs pursuant to the loan documents.
O07-11552
Filed for Record 07/11/2007 08:45 AM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 007968 SC Dkt-27365671 Page 3 of 28(c.) That the sum of money found to be due as aforesaid be decreed by
this Court to be a lien upon the lands described in Plaintiff's
mortgage.
(d.) That such lien be foreclosed in accordance with the rules and
established practice of this Court, and upon failure of the
Defendants to pay the amount of money found to be due by them to
the Plaintiff, the said land be sold to satisfy said lien.
(e.) That this Court decree that the lien of the Plaintiff is superior
to any and all right, title or interest of the Defendants herein
or any person or parties claiming by, through or under them since
the institution of this suit.
(f.) That all right, title or interest of the Defendants or any person
claiming by, through or under them be forever barred and
foreclosed.
(g.) That this Court grants general relief in this cause as in its
discretion might be just and proper including, but not limited
to, a deficiency judgment if the proceeds of the sale are
insufficient to pay Plaintiff's claim.
Law Offices of Marshall C.Watson, P.A.
1800 N.W. 49° Street, Suite 120
Fort Lauderdale, FL 33309
Telephone: (954) 453-0365
(800) 441-2438
Facsimile: (954) 771-6052
By: En O x= :
Karen A noe a an Esq.
Polpar Number: 96440
TIA L. GIBBS
FBN 0037032
07-11552
Filed for Record 07/11/2007 08:45 AM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 007968 SC Dkt-27365671 Page 4 of 28; Telephone (954) 453-0365
Managing Attorney Facsimile (954) 771-6052
Marshall C. Watson
Associate Attorneys
Bouavone Amphone soe finer
Kathleen Angione ean Moloney
Patricia A. Arango L A W © FE f I C E S wm oe Netlin Ontivere
Sarah M. Barbaccia
Associate Attorneys
Laura M. Carbo OF MARSHALL C. OW ATSON Amy M. Post
Linda Chelvam Karen A Thompson
Caryn A. Graham 1800 NORTH WEST 49TH STREET, SUITE #120 Scott R Weiss
FORT LAUDERDALE, FLORIDA 33309
Of Counsel
John A. Watson
July 10, 2007
NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT
15 U.S.C. SECTION 1692, AS AMENDED
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Property Address: 7840 ROCKWELL AVE NORTH PORT, FL 34286
2000174079
Owner: WAYNE MILLER A/K/A WAYNE ANTHONY MILLI
Mortgagor: WAYNE MILLER A/K/A WAYNE ANTHONY MILLI
Our File #: 07-11552
UJ OI
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IN THE CIRCUIT COURT OF THE 12TH JUDICIAL CIRCUIT, IN AND FOR SARASOTA COUNTY, FLORIDA CIVIL DIVISION CASE NO.: DEUTSCHE BANK TRUST COMPANY AMERICAS FORMERLY KNOWN’ AS BANKER'S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IXIS 2006-HE3 BY: SAXON MORTGAGE SERVICES, INC. F/K/A MERITECH MORTGAGE SERVICES, INC. AS ITS ATTORNEY-IN-FACT, Lt - Plaintiff, VS. WAYNE MILLER A/K/A WAYNE ANTHONY MILLER; BANK OF AMERICA, NA; UNKNOWN SPOUSE OF WAYNE MILLER A/K/A WAYNE ANTHONY MILLER; JOHN DOE; JANE DOE AS UNKNOWN TENANT (S) IN POSSESSION OF THE SUBJECT PROPERTY, Defendants. COMPLAINT The Plaintiff, DEUTSCHE BANK TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER'S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IXIS 2006-HE3 BY: SAXON MORTGAGE SERVICES, INC. F/K/A MERITECH MORTGAGE SERVICES, INC. AS ITS ATTORNEY-IN-FACT, sues the Defendants named in the caption hereof and alleges: COUNT I 1. This is an action to reestablish a promissory note under Section 673.3091 Florida Statutes. 2. On April 14, 2006 at SARASOTA County, Florida, WAYNE MILLER A/K/A WAYNE ANTHONY MILLER executed and delivered to MORTGAGE APPROVAL SERVICES, INC., a promissory note in the principal amount of §$ 180,000.00. 3. Plaintiff is the owner of said note. 4. The original promissory note was lost or destroyed subsequent to Plaintiff’s acquisition thereof, the exact time and manner of said loss or destruction being unknown to Plaintiff. 07-11552 Filed for Record 07/11/2007 08:45 AM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 007968 SC Dkt-27365671 Page 1 of 289. Plaintiff was in possession of the promissory note and was entitled to enforce it when loss of possession occurred. 6. The loss of possession was not the result of a transfer by Plaintiff or a lawful seizure. 7, Plaintiff cannot reasonably obtain possession of the promissory note because its whereabouts cannot be determined. Said note is not in the custody or control of Plaintiff. 8. The Defendants named in this Complaint are the only persons known to Plaintiff who are interested for or against reestablishment of the subject note. 9. Plaintiff agrees to the entry of a Final Judgment of Mortgage Foreclosure requiring it indemnify and hold harmless the Defendants obligor(s) of the promissory note by reason of a claim by another person/entity attempting to enforce the lost note herein. WHEREFORE, Plaintiff demands this court re-establish the Lost Promissory Note. 10. This is an action to foreclose a mortgage on real property in SARASOTA County, Florida. Tl. On April 14, 2006, WAYNE MILLER A/K/A WAYNE ANTHONY MILLER executed and delivered a promissory note and Mortgage securing payment of the same to MORTGAGE APPROVAL SERVICES, INC., which mortgage was recorded in INSTRUMENT #2006075336 of the Public Records of SARASOTA County, Florida and which mortgaged the property described therein, then owned by and in possession of Said mortgagor. A copy of the mortgage is attached hereto and made a part hereof. 12. Plaintiff is the owner of said note. 13. Defendant(s), WAYNE MILLER A/K/A WAYNE ANTHONY MILLER, own(s) the property. 14. There has been a default under the note and mortgage held by Plaintiff in that the payment due March 01, 2007 and all subsequent payments have not been made. Plaintiff declares the full amount due under the note and mortgage to be now due. 07-11552 Filed for Record 07/11/2007 08:45 AM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 007968 SC Dkt-27365671 Page 2 of 2815. All conditions precedent to the filing of this action has been performed or has occurred. 16. There is now due, owing and unpaid to the Plaintiff as of the date of the filing of this complaint the following amounts on principal of said note and mortgage: unpaid principal balance: $ 179,000.48, plus interest, escrow, title search expenses for ascertaining necessary parties to this suit, title search, title exam, filing fee, and attorneys fees and costs. 17. Plaintiff has obligated itself to pay the undersigned attorneys a reasonable fee for their services herein, Pursuant to the loan documents Plaintiff is entitled to an award of attorneys fees. 18. Defendants, JOHN DOE and JANE DOE, as Unknown Tenant(s) in possession of the subject property, may claim some interest in or lien upon the subject property arising form being in actual possession of same, but interest, if any, is subject and inferior to the lien of Plaintiff’s mortgage. 19. The Defendant, BANK OF AMERICA, NA may claim some interest in or lien upon the subject property by virtue of Mortgage, which is recorded at INSTRUMENT #2006195334 of the Public Records of SARASOTA County. Said interest, if any, is subject and inferior to the lien of Plaintiff’s mortgage. 20. The Defendant, UNKNOWN SPOUSE OF WAYNE MILLER A/K/A WAYNE ANTHONY MILLER may claim some interest in or lien upon the subject property by virtue of Any possible Homestead Interest. Said interest, if any, is subject and inferior to the lien of Plaintiff’s mortgage. WHEREFORE, Plaintiff prays as follows: (a.) That this Court will take jurisdiction of this cause, the subject matter and the parties hereto. (b.) That this Court ascertain and determine the sums of money due and payable to the Plaintiff from the Defendant(s), including without limitation principal, interest, advances, attorney fees, and costs pursuant to the loan documents. O07-11552 Filed for Record 07/11/2007 08:45 AM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 007968 SC Dkt-27365671 Page 3 of 28(c.) That the sum of money found to be due as aforesaid be decreed by this Court to be a lien upon the lands described in Plaintiff's mortgage. (d.) That such lien be foreclosed in accordance with the rules and established practice of this Court, and upon failure of the Defendants to pay the amount of money found to be due by them to the Plaintiff, the said land be sold to satisfy said lien. (e.) That this Court decree that the lien of the Plaintiff is superior to any and all right, title or interest of the Defendants herein or any person or parties claiming by, through or under them since the institution of this suit. (f.) That all right, title or interest of the Defendants or any person claiming by, through or under them be forever barred and foreclosed. (g.) That this Court grants general relief in this cause as in its discretion might be just and proper including, but not limited to, a deficiency judgment if the proceeds of the sale are insufficient to pay Plaintiff's claim. Law Offices of Marshall C.Watson, P.A. 1800 N.W. 49° Street, Suite 120 Fort Lauderdale, FL 33309 Telephone: (954) 453-0365 (800) 441-2438 Facsimile: (954) 771-6052 By: En O x= : Karen A noe a an Esq. Polpar Number: 96440 TIA L. GIBBS FBN 0037032 07-11552 Filed for Record 07/11/2007 08:45 AM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 007968 SC Dkt-27365671 Page 4 of 28; Telephone (954) 453-0365 Managing Attorney Facsimile (954) 771-6052 Marshall C. Watson Associate Attorneys Bouavone Amphone soe finer Kathleen Angione ean Moloney Patricia A. Arango L A W © FE f I C E S wm oe Netlin Ontivere Sarah M. Barbaccia Associate Attorneys Laura M. Carbo OF MARSHALL C. OW ATSON Amy M. Post Linda Chelvam Karen A Thompson Caryn A. Graham 1800 NORTH WEST 49TH STREET, SUITE #120 Scott R Weiss FORT LAUDERDALE, FLORIDA 33309 Of Counsel John A. Watson July 10, 2007 NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT 15 U.S.C. SECTION 1692, AS AMENDED A it] Property Address: 7840 ROCKWELL AVE NORTH PORT, FL 34286 2000174079 Owner: WAYNE MILLER A/K/A WAYNE ANTHONY MILLI Mortgagor: WAYNE MILLER A/K/A WAYNE ANTHONY MILLI Our File #: 07-11552 UJ OI md v8)