Preview
Filing # 38595140 E-Filed 03/03/2016 10:09:22 PM
IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT, IN
AND FOR SAINT LUCIE COUNTY,
FLORIDA
CASE NO.: 2015CA000889
SANTANDER BANK, N.A.
PLAINTIFF
CIRCUIT CIVIL DIVISION
vs.
GIROLAMO RUSSO, et al
DEFENDANT(S) /
PLAINTIFF’S REPLY TO DEFENDANT’S AMENDED AFFIRMATIVE DEFENSE
Plaintiff, SANTANDER BANK, N.A., by and through its undersigned counsel, pursuant
to Florida Rules of Civil Procedure Rules 1.100 and 1.140, files this, its Reply to the Amended
Affirmative Defenses of Defendant GIROLAMO RUSSO (“Defendant”), and states as follows:
1. This is an action to foreclose a residential mortgage based upon a failure to pay
the sums due under the note and mortgage executed by the Defendant.
2. In defense of this action, Defendant has asserted one defense which is founded
upon speculation or legal conclusions and none of which is supported by facts or law necessary
to constitute a defense to this action.
3. Affirmative defenses must not merely allege legal conclusions; they must allege
facts in support of their conclusions. L.B. McLeod Const. Co. v. Cooper, 134 So. 224, 225 (Fla.
1931); Zito v. Washington Fed’l Sav. & Loan Assoc. of Miami Beach, 318 So. 2d 175, 176 (Fla.
3d DCA 1975).
4. Allegations in an Answer that purport to be affirmative defenses, but which are
nothing more than denials or conclusions of law, must be stricken. Wiggins v. Protmay, 430 So.
2d 541 (Fla. 1‘ DCA 1983). Certainty is required when pleading affirmative defenses and
PH # 58806
Phelan Hallinan Diamond & Jones, PLLC
2727 West Cypress Creek Road # Ft. Lauderdale, FL 33309
Tel: 954-462-7000 @ Fax: 954-462-7001 ¢ e-service: FL.Service@ phelanhallinan.compleading conclusions of law unsupported by allegations of ultimate facts is legally insufficient.
Bliss v. Caramona, 418 So, 2d 1017 (Fla. 3d DCA 1982) (citing Chris Craft Industries, Inc. v.
Van Valkenberg, 267 So. 2d 642 (Fla. 1972). “[T]he requirement of certainty will be insisted
upon in the pleading of a defense; and the certainty required is that the pleader must set forth the
facts in such a manner as to reasonably inform his adversary of what is proposed to be proved in
order to provide the latter with a fair opportunity to meet it and prepare his evidence.” See Zito v.
Washington Fed’l Savings & Loan Ass’n, 318 So. 2d 175, 176 (Fla. 3 DCA 1975).
5. A “defense” under Florida law is any allegation raised that, if true, would defend
the Plaintiffs cause of action. Martin County v. Edenfield, 609 So. 2d 27 (Fla. 1992). The
defendant must prove the factual existence of defenses and their legal sufficiency. Jd. Moreover,
in pleading affirmative defenses “[t]he grounds on which any of the enumerated defenses are
based and the substantial matters of law intended to be argued shall be stated specifically and
with particularity in the responsive pleading or motion.” Fla. R. Civ. P. 1.140(b), 1.110(c)&(d),
and 1.120(c) (emphasis added).
6. According to FI. R. of Civ. Pro. 1.130 (a), “All documents upon which a defense
is made shall be incorporated in or attached to the pleading.”
7. There were no documents attached or incorporated to the Defendants’ Affirmative
Defenses pleading and therefore they have no factual or legal basis.
8. According to Fl. R. of Civ. Pro. 1.140(b), “the objection of failure to state a legal
defense in an answer or reply shall be asserted by motion to strike the defense within 20 days
after service of the answer or reply.”
PH # 58806
Phelan Hallinan Diamond & Jones, PLLC
2727 West Cypress Creek Road # Ft. Lauderdale, FL 33309
Tel: 954-462-7000 @ Fax: 954-462-7001 ¢ e-service: FL.Service@ phelanhallinan.com9. Plaintiff therefore denies the allegations of the Defendants’ Answer and
Affirmative defenses, requests that any relief sought be denied at a final hearing in the
foreclosure action for being legally and factually insufficient, and in support states as follows:
10. Defendant alleges that Plaintiff failed to provide required notices pursuant to
paragraph 22 of the Mortgage. This defense is overcome by fact. Plaintiff sent the required
notice of default and intention to foreclose letter to Defendant prior to instituting this action.
Specifically, Plaintiff provided Defendant with a Notice of Default and Intention to Foreclose
Mortgage (hereinafter “Notice”) dated May 8, 2012. (A copy of said Notice is attached hereto as
Exhibit “A”.)
11. Mortgage paragraph 22 requires that the pre-acceleration notice sent to
Defendants “specify” four individual items and “inform” Defendants of two others. Paragraph
22 of the subject mortgage states in pertinent part:
“The notice shall specify: (a) the default; (b) the action required to cure the
default; (c) a date, not less than 30 days from the date the notice is given to
Borrower, by which the default must be cured; and (d) that failure to cure the
default on or before the date specified in the notice may result in acceleration of
the sums secured by Security Instrument, foreclosure by judicial proceeding and
sale of the Property. The notice shall further inform Borrower of the right to
reinstate after acceleration and the right to assert in the foreclosure proceeding the
non-existence of a default or any other defense of Borrower to acceleration and
foreclosure.” (emphasis added)
The Notice dated May 8, 2012 complies in full with the provisions of mortgage
paragraph 22. Even if it did not, however, full or perfect compliance with conditions precedent
is not the required standard in Florida. Plaintiff only needs to show substantial compliance
with conditions precedent. Seaside Cmty. Dev. Coip. v. Edwards, 573 So. 2d 142, 145 (Fla. 1*
DCA 1991) (“When the happening of a condition precedent is an element of a contract, no
recovery can be had with regard to performance of the contract absent substantial compliance
PH # 58806
Phelan Hallinan Diamond & Jones, PLLC
2727 West Cypress Creek Road # Ft. Lauderdale, FL 33309
Tel: 954-462-7000 @ Fax: 954-462-7001 ¢ e-service: FL.Service@ phelanhallinan.comwith the condition precedent.”) (Emphasis added.); Cohen v. Rothman, 127 So. 2d 143, 147 (Fla.
3d DCA 1961); see also 11 FLA. JUR. 2D Contracts § 236 (2003). As such, Plaintiff denied and
avoids this defense.
WHEREFORE, Plaintiff hereby requests that the Court find Defendant’s Affirmative
Defenses legally insufficient to prevent the entry of judgment and grant Plaintiff the relief sought
herein, and for other relief the court deems just and proper.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via U.S.
Mail and/or Email to all parties pursuant to the attached Service List this _3 day of
March __, 2016.
Phelan Hallinan Diamond & Jones, PLLC
Attorneys for Plaintiff
2727 West Cypress Creek Road
Ft. Lauderdale, FL 33309
Tel: 954-462-7000
Fax: 954-462-7001
Service by email: FL.Service@PhelanHallinan.com
By: ___/s/ Matthew_G Okell
Attorney for Plaintiff
Phelan Hallinan Diamond & Jones, PLLC
Matthew Okell, Esq., Florida Bar No. 103123
PH # 58806
Phelan Hallinan Diamond & Jones, PLLC
2727 West Cypress Creek Road # Ft. Lauderdale, FL 33309
Tel: 954-462-7000 @ Fax: 954-462-7001 ¢ e-service: FL.Service@ phelanhallinan.comSERVICE LIST
CASE NO.: 2015CA000889
THE LAW OFFICE OF PAUL A. KRASKER, P.A.
Attn: Kinley I. Engvalson, Esq.
Kengvalson@kraskerlaw.com
ServiceHAD @kraskerlaw.com
Attorney for Defendant GIROLAMO RUSSO
MELISSA D. RUSSO A/K/A MELISSA RUSSO
1161 SW KHAN DR
PORT SAINT LUCIE, FL 34953-7246
UNKNOWN TENANT(S) N/K/A JUSTIN MCMULLEN
391 SW SOUTH QUICK CIR
PORT SAINT LUCIE, FL 34953-7600
UNKNOWN TENANT II N/K/A JOSH PARIS
391 SW SOUTH QUICK CIR
PORT SAINT LUCIE, FL 34953-7600
sea
A oo 2g oe eo oe oe eo os ok os 2k a oe os ok ok ok
PHELAN HALLINAN DIAMOND & JONES, PLLC
2727 West Cypress Creek Road
Ft. Lauderdale, FL 33309
Service by Email: FL.Service@PhelanHallinan.com
PH # 58806
02/17/2016 at 4:08 PMExhibit “‘A”’NOTICE OF DEFAULT AND INTENTION TO FORECLOSE MORTGAGE
Date of Notice: May 8, 2012
GIROLAMO RUSSO /
391 SW SOUTH QUICK CIRCLE Loan #: [L999
PORT ST LUCIE, FL 34953
The MORTGAGE held by Sovereign Bank, N.A. (hereinafter we, us, or ours) on your property located at 391
SW SOUTH QUICK CIRCLE, PORT ST LUCIE, FL 34953 IS SERIOUSLY IN DEFAULT because YOU
HAVE NOT MADE THE MONTHLY PAYMENTS of $977.80 since 03/01/12 to the present. The total amount
now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter,
is $3,013.62. The total amount includes late charges and any other charges that have accrued to this date. If you
disagree with the assertion that a default has occurred or the correctness of the calculated amount required to
cure the default, contact:
SOVEREIGN BANK, N.A. OVERNIGHT DELIVERY TO:
MORTGAGE COLLECTIONS DEPARTMENT OR
PO BOX 8627 601 PENN STREET
READING PA 19603 READING, PA 19601
1-800-753-7366
HOW TO CURE THE DEFAULT --You may cure the default within THIRTY (30) DAYS of the date of this
notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,013.62, PLUS
ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30)
DAY PERIOD. Payments must be made either by cash. cashier's check. certified check or money order made
payable to Sovereign Bank, N.A. and sent to the above address.
IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS of the date of
this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire
outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage
in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the
lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off
the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins
legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred,
up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attomey’s fees
actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the
lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period.
you will not be required to pay attorney's fees.
OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all
other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the
THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and
prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount
then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the
foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by
performing any other requirements under the mortgage. Curing your default in the manner set forth in this
notice will restore your mortgage to the same position as if you had never defaulted.EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriff's Sale of
the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice
of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the
default will increase the longer you wait. You may find out at any time exactly what the required payment or action will
be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: SOVEREIGN BANK, N.A.
Address: PO BOX 8627, READING , PA 19603
Phone Number; 1-800-753-7366
Fax Number: 1-800-881-9334
Contact Person: Sheri Hall, Vice President
EFFECT OF SHERIFE'S SALE -- You should realize that a Sheriff's Sale will end your ownership of the mortgaged
property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove
you and your furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE -- You may have the right to sell or transfer your home to a buyer or transferee
who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs
are paid prior to or at the sale and that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO
CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY
OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS,
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE
LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
You may contact our Mortgage Services Department via E-mail at:
MORTSERV@SOVEREIGNBANK.COM
This bank is a debt collector attempting to collect a debt and any information obtained from you will be used for that
purpose.HOUSING AND URBAN DE VELOPMENT ("HUD") NOTIFICATION
IMPORTANT NOTICE OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1987
PLEASE READ THIS NOTICE. HOMEOWNERSHIP COUNSELING MAY BE AVAILABLE TO YOU.
DATE: May 8, 2012
TO: GIROLAMO RUSSO
RE: Account No.
FROM: Sovereign Bank, N.A.
The Housing and Community Development Act of 1987 requires that Sovereign Bank, N.A. notify eligible homeowners with
delinquent home loans of the availability of homeownership counseling. Because your home loan is DELINQUENT, you may be
eligible for homeownership counseling provided by certain non-profit organizations.
PLEASE CALL THE HUD TOLL FREE NUMBER AT
1-800-569-4287
FOR MORE INFORMATION.
If you have any questions about your home loan you may call or write to Sovereign Bank, N.A. at:
MORTGAGE COLLECTIONS DEPARTMENT
SOVEREIGN BANK, N.A.
PO BOX 8627
READING PA 19603
1-800-753-7366
Sheri Hall
Vice President
Preview
Filing # 38595140 E-Filed 03/03/2016 10:09:22 PM IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR SAINT LUCIE COUNTY, FLORIDA CASE NO.: 2015CA000889 SANTANDER BANK, N.A. PLAINTIFF CIRCUIT CIVIL DIVISION vs. GIROLAMO RUSSO, et al DEFENDANT(S) / PLAINTIFF’S REPLY TO DEFENDANT’S AMENDED AFFIRMATIVE DEFENSE Plaintiff, SANTANDER BANK, N.A., by and through its undersigned counsel, pursuant to Florida Rules of Civil Procedure Rules 1.100 and 1.140, files this, its Reply to the Amended Affirmative Defenses of Defendant GIROLAMO RUSSO (“Defendant”), and states as follows: 1. This is an action to foreclose a residential mortgage based upon a failure to pay the sums due under the note and mortgage executed by the Defendant. 2. In defense of this action, Defendant has asserted one defense which is founded upon speculation or legal conclusions and none of which is supported by facts or law necessary to constitute a defense to this action. 3. Affirmative defenses must not merely allege legal conclusions; they must allege facts in support of their conclusions. L.B. McLeod Const. Co. v. Cooper, 134 So. 224, 225 (Fla. 1931); Zito v. Washington Fed’l Sav. & Loan Assoc. of Miami Beach, 318 So. 2d 175, 176 (Fla. 3d DCA 1975). 4. Allegations in an Answer that purport to be affirmative defenses, but which are nothing more than denials or conclusions of law, must be stricken. Wiggins v. Protmay, 430 So. 2d 541 (Fla. 1‘ DCA 1983). Certainty is required when pleading affirmative defenses and PH # 58806 Phelan Hallinan Diamond & Jones, PLLC 2727 West Cypress Creek Road # Ft. Lauderdale, FL 33309 Tel: 954-462-7000 @ Fax: 954-462-7001 ¢ e-service: FL.Service@ phelanhallinan.compleading conclusions of law unsupported by allegations of ultimate facts is legally insufficient. Bliss v. Caramona, 418 So, 2d 1017 (Fla. 3d DCA 1982) (citing Chris Craft Industries, Inc. v. Van Valkenberg, 267 So. 2d 642 (Fla. 1972). “[T]he requirement of certainty will be insisted upon in the pleading of a defense; and the certainty required is that the pleader must set forth the facts in such a manner as to reasonably inform his adversary of what is proposed to be proved in order to provide the latter with a fair opportunity to meet it and prepare his evidence.” See Zito v. Washington Fed’l Savings & Loan Ass’n, 318 So. 2d 175, 176 (Fla. 3 DCA 1975). 5. A “defense” under Florida law is any allegation raised that, if true, would defend the Plaintiffs cause of action. Martin County v. Edenfield, 609 So. 2d 27 (Fla. 1992). The defendant must prove the factual existence of defenses and their legal sufficiency. Jd. Moreover, in pleading affirmative defenses “[t]he grounds on which any of the enumerated defenses are based and the substantial matters of law intended to be argued shall be stated specifically and with particularity in the responsive pleading or motion.” Fla. R. Civ. P. 1.140(b), 1.110(c)&(d), and 1.120(c) (emphasis added). 6. According to FI. R. of Civ. Pro. 1.130 (a), “All documents upon which a defense is made shall be incorporated in or attached to the pleading.” 7. There were no documents attached or incorporated to the Defendants’ Affirmative Defenses pleading and therefore they have no factual or legal basis. 8. According to Fl. R. of Civ. Pro. 1.140(b), “the objection of failure to state a legal defense in an answer or reply shall be asserted by motion to strike the defense within 20 days after service of the answer or reply.” PH # 58806 Phelan Hallinan Diamond & Jones, PLLC 2727 West Cypress Creek Road # Ft. Lauderdale, FL 33309 Tel: 954-462-7000 @ Fax: 954-462-7001 ¢ e-service: FL.Service@ phelanhallinan.com9. Plaintiff therefore denies the allegations of the Defendants’ Answer and Affirmative defenses, requests that any relief sought be denied at a final hearing in the foreclosure action for being legally and factually insufficient, and in support states as follows: 10. Defendant alleges that Plaintiff failed to provide required notices pursuant to paragraph 22 of the Mortgage. This defense is overcome by fact. Plaintiff sent the required notice of default and intention to foreclose letter to Defendant prior to instituting this action. Specifically, Plaintiff provided Defendant with a Notice of Default and Intention to Foreclose Mortgage (hereinafter “Notice”) dated May 8, 2012. (A copy of said Notice is attached hereto as Exhibit “A”.) 11. Mortgage paragraph 22 requires that the pre-acceleration notice sent to Defendants “specify” four individual items and “inform” Defendants of two others. Paragraph 22 of the subject mortgage states in pertinent part: “The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by Security Instrument, foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure.” (emphasis added) The Notice dated May 8, 2012 complies in full with the provisions of mortgage paragraph 22. Even if it did not, however, full or perfect compliance with conditions precedent is not the required standard in Florida. Plaintiff only needs to show substantial compliance with conditions precedent. Seaside Cmty. Dev. Coip. v. Edwards, 573 So. 2d 142, 145 (Fla. 1* DCA 1991) (“When the happening of a condition precedent is an element of a contract, no recovery can be had with regard to performance of the contract absent substantial compliance PH # 58806 Phelan Hallinan Diamond & Jones, PLLC 2727 West Cypress Creek Road # Ft. Lauderdale, FL 33309 Tel: 954-462-7000 @ Fax: 954-462-7001 ¢ e-service: FL.Service@ phelanhallinan.comwith the condition precedent.”) (Emphasis added.); Cohen v. Rothman, 127 So. 2d 143, 147 (Fla. 3d DCA 1961); see also 11 FLA. JUR. 2D Contracts § 236 (2003). As such, Plaintiff denied and avoids this defense. WHEREFORE, Plaintiff hereby requests that the Court find Defendant’s Affirmative Defenses legally insufficient to prevent the entry of judgment and grant Plaintiff the relief sought herein, and for other relief the court deems just and proper. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via U.S. Mail and/or Email to all parties pursuant to the attached Service List this _3 day of March __, 2016. Phelan Hallinan Diamond & Jones, PLLC Attorneys for Plaintiff 2727 West Cypress Creek Road Ft. Lauderdale, FL 33309 Tel: 954-462-7000 Fax: 954-462-7001 Service by email: FL.Service@PhelanHallinan.com By: ___/s/ Matthew_G Okell Attorney for Plaintiff Phelan Hallinan Diamond & Jones, PLLC Matthew Okell, Esq., Florida Bar No. 103123 PH # 58806 Phelan Hallinan Diamond & Jones, PLLC 2727 West Cypress Creek Road # Ft. Lauderdale, FL 33309 Tel: 954-462-7000 @ Fax: 954-462-7001 ¢ e-service: FL.Service@ phelanhallinan.comSERVICE LIST CASE NO.: 2015CA000889 THE LAW OFFICE OF PAUL A. KRASKER, P.A. Attn: Kinley I. Engvalson, Esq. Kengvalson@kraskerlaw.com ServiceHAD @kraskerlaw.com Attorney for Defendant GIROLAMO RUSSO MELISSA D. RUSSO A/K/A MELISSA RUSSO 1161 SW KHAN DR PORT SAINT LUCIE, FL 34953-7246 UNKNOWN TENANT(S) N/K/A JUSTIN MCMULLEN 391 SW SOUTH QUICK CIR PORT SAINT LUCIE, FL 34953-7600 UNKNOWN TENANT II N/K/A JOSH PARIS 391 SW SOUTH QUICK CIR PORT SAINT LUCIE, FL 34953-7600 sea A oo 2g oe eo oe oe eo os ok os 2k a oe os ok ok ok PHELAN HALLINAN DIAMOND & JONES, PLLC 2727 West Cypress Creek Road Ft. Lauderdale, FL 33309 Service by Email: FL.Service@PhelanHallinan.com PH # 58806 02/17/2016 at 4:08 PMExhibit “‘A”’NOTICE OF DEFAULT AND INTENTION TO FORECLOSE MORTGAGE Date of Notice: May 8, 2012 GIROLAMO RUSSO / 391 SW SOUTH QUICK CIRCLE Loan #: [L999 PORT ST LUCIE, FL 34953 The MORTGAGE held by Sovereign Bank, N.A. (hereinafter we, us, or ours) on your property located at 391 SW SOUTH QUICK CIRCLE, PORT ST LUCIE, FL 34953 IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE THE MONTHLY PAYMENTS of $977.80 since 03/01/12 to the present. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is $3,013.62. The total amount includes late charges and any other charges that have accrued to this date. If you disagree with the assertion that a default has occurred or the correctness of the calculated amount required to cure the default, contact: SOVEREIGN BANK, N.A. OVERNIGHT DELIVERY TO: MORTGAGE COLLECTIONS DEPARTMENT OR PO BOX 8627 601 PENN STREET READING PA 19603 READING, PA 19601 1-800-753-7366 HOW TO CURE THE DEFAULT --You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,013.62, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash. cashier's check. certified check or money order made payable to Sovereign Bank, N.A. and sent to the above address. IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attomey’s fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period. you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted.EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: SOVEREIGN BANK, N.A. Address: PO BOX 8627, READING , PA 19603 Phone Number; 1-800-753-7366 Fax Number: 1-800-881-9334 Contact Person: Sheri Hall, Vice President EFFECT OF SHERIFE'S SALE -- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may have the right to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. You may contact our Mortgage Services Department via E-mail at: MORTSERV@SOVEREIGNBANK.COM This bank is a debt collector attempting to collect a debt and any information obtained from you will be used for that purpose.HOUSING AND URBAN DE VELOPMENT ("HUD") NOTIFICATION IMPORTANT NOTICE OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1987 PLEASE READ THIS NOTICE. HOMEOWNERSHIP COUNSELING MAY BE AVAILABLE TO YOU. DATE: May 8, 2012 TO: GIROLAMO RUSSO RE: Account No. FROM: Sovereign Bank, N.A. The Housing and Community Development Act of 1987 requires that Sovereign Bank, N.A. notify eligible homeowners with delinquent home loans of the availability of homeownership counseling. Because your home loan is DELINQUENT, you may be eligible for homeownership counseling provided by certain non-profit organizations. PLEASE CALL THE HUD TOLL FREE NUMBER AT 1-800-569-4287 FOR MORE INFORMATION. If you have any questions about your home loan you may call or write to Sovereign Bank, N.A. at: MORTGAGE COLLECTIONS DEPARTMENT SOVEREIGN BANK, N.A. PO BOX 8627 READING PA 19603 1-800-753-7366 Sheri Hall Vice President