Complaint,Petition: PACIFIC UNION FINANCIAL LLC VS EMIGDIO ANTONIO VASQUEZ NAVARRO ET AL

• 
• 
• 
• 
• 
• 
• 
• 

						
                                
Preview
                                Filing # 57868485 E-Filed 06/16/2017 01:11:41 PM

IN THE CIRCUIT COURT OF THE ELEVENTH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE
COUNTY, FLORIDA

CASE NO.

PACIFIC UNION FINANCIAL, LLC
Plaintiff,

v.

EMIGDIO ANTONIO VASQUEZ-NAVARRO;
BERTILA GONZALEZ; UNKNOWN TENANT
1; UNKNOWN TENANT 2; and all unknown
parties claiming by, through, under or against the
above named Defendant(s), who (is/are) not known
to be dead or alive, whether said unknown parties
claim as heirs, devisees, grantees, assignees,
lienors, creditors, trustees, spouses, or other
claimants; UNITED STATES OF AMERICA
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT

Defendants.

VERIFIED COMPLAINT
The Plaintiff, PACIFIC UNION FINANCIAL, LLC, sues the Defendants, EMIGDIO ANTONIO

VASQUEZ-NAVARRO; BERTILA GONZALEZ; UNKNOWN TENANT 1; UNKNOWN TENANT 2;

UNITED STATES OF AMERICA DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT and

alleges:
COUNTI
1. This is an action to foreclose on real property located in MIAMI-DADE County, Florida.
2. A promissory note and mortgage, securing payment of the note, copies of which are attached hereto as

Exhibit “A” and are incorporated herein by reference, were executed and delivered to the obligee and mortgagee
named therein. The mortgage was recorded in the Official Records Book 29306, Page 1829, of the Public
Records of Miami-Dade County, Florida, and which mortgaged the property described therein, then owned by
and in possession of said mortgagor. The mortgage and note were subsequently modified by an agreement

between the parties. The modification agreement was recorded on October 17, 2016 in O.R. Book 30269 at Page

4241700391532 of the Public Records of Miami-Dade County, Florida.

3. Plaintiff, PACIFIC UNION FINANCIAL, LLC, is the holder of the note and is entitled to enforce said
mortgage and mortgage note. Assignment(s) of Mortgage are attached hereto and prayed to be incorporated
herein.

4. As a matter of title, BERTILA GONZALEZ AND EMIGDIO ANTONIO VASQUEZ-NAVARRO, is/are
the present record title owner of said property and is/are in possession of same.

5. There has been a default under the note and mortgage held by the Plaintiff in that the payment due
January 1, 2017, and all subsequent payments, have not been made. Plaintiff declares the full amount payable
under the Note and Mortgage to now be due.

6. All conditions precedent to the filing of this action have been performed or have occurred.

7. 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: $216,692.92, plus interest from December 1, 2016,
escrow, title search expenses for ascertaining necessary parties to this suit, title search, title exam, filing fee, and
attorney’s fees and costs.

8. Plaintiff has obligated itself to pay the undersigned attorney a reasonable fee for their services herein.

9. As a matter of joining necessary parties, all unknown parties claiming by, through, under or against the
non-corporate Defendants named herein who are not known to be dead or alive, whether said unknown parties
claim as heirs, devisees, grantees, assignees, lienors, creditors, trustees, spouses, or other claimants, having or
claiming to have any right, title or interest in the property described herein by virtue of their relationship to the
Defendants herein, may seek to claim an interest in the property herein sought to be foreclosed, but said interest,
if any, is subordinate and inferior to the interest of Plaintiff herein.

10. As a matter of joining necessary parties, Defendants, TENANT | and/or TENANT 2, the names being
fictitious, the true identities of Defendants being unknown to Plaintiff, the parties intended to account for the
person or persons in possession, may seek to claim an interest in the real property herein sought to be foreclosed
by virtue of their occupancy of said property, but said interest is subordinate and inferior to the interest of
Plaintiff herein.

ll. As a matter of request for relief, Demand is hereby made on the Defendant(s)/Owner(s), BERTILA

424170039GONZALEZ AND EMIGDIO ANTONIO VASQUEZ-NAVARRO, and on the Defendant/Tenant/Occupants of
the subject property, that all rent now due and owing on said property, or collected hereafter be paid directly to
the Plaintiff, or, in the alternative, deposited in the registry of the Court pending further order of the Court,
pursuant to Chapter 697, Fla. Stat. (1993).

12. As a matter of title, Defendant, UNITED STATES OF AMERICA DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT, may seek to claim an interest in the real property herein sought to be
foreclosed by virtue of that certain junior Mortgage recorded in O.R. Book 30269, Page 1538 of the Public
Records of Miami-Dade County, Florida, together with any assignments thereof, but said interest of UNITED
STATES OF AMERICA DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT is subordinate and
inferior to the interest to the Plaintiff herein. A copy of said Mortgage is attached hereto as an Exhibit.

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.

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.

424170039G. That this Court grants general relief in this cause as in its discretion might be just and proper.

eXL Legal, PLLC

Designated Email Address: efiling@exllegal.com
12425 28th Street North, Suite 200

St. Petersburg, FL 33716

Telephone No. (777) 536-4911

Attorney for thePlaintiff

   

— David L. Reider

By: artt 95719

VERIFICATION

Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are true
and correct to the best of my knowledge and belief.

PACIFIC UNION FINANCIAL, LLC
: a6

Signature

wlEL Vu 660

Printed Name

SPEC tA AST

Title

NOTE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

424170039IN THE CIRCUIT COURT OF THE ELEVENTH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE
COUNTY, FLORIDA
CASE NO.
PACIFIC UNION FINANCIAL, LLC

Plaintiff,
ve
EMIGDIO VASQUEZ-NAVARRO; AND ALL UNKNOWN PARTIES
CLAIMING BY, THROUGH, UNDER OR AGAINST THE ABOVE NAMED
DEFENDANT(S), WHO (IS/ARE) NOT KNOWN TO BE DEAD OR ALIVE,
WHETHER SAID UNKNOWN PARTIES CLAIM AS HEIRS, DEVISEES,
GRANTEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES, SPOUSES,
OR OTHER CLAIMANTS;

Defendants.

CERTIFICATION OF ORIGINAL NOTE

The undersigned hereby certifies:

1 That Plaintiff is in possession of the original promissory note upon which this action is brought.
2. The location of the original promissory note is 12425 28TH STREET NORTH, SUITE 200, ST.
PETERSBURG, FL 33716.

3. The name and title of the person giving the certification is: Wanda Guadalupe, Original Document

Processor for Plaintiff’s attorneys, eXL Legal, PLLC.

4, The name of the person who personally verified such possession is: Wanda Guadalupe, Original Document
Processor for Plaintiff’s attorneys, eXL Legal, PLLC.

5. The time and date on which possession was verified were: 05/15/2017 at 1:09 pm.

6. Correct copies of the note (and, if applicable, all endorsements, transfers, allonges, or assignments of the
note) are attached to this certification.

7. I give this statement based on my personal knowledge.

Under penalties of perjury, 1 declare that I have read the foregoing Certification of Possession of Original

L2G Sah

Type Name Here: Wanda Guadalupe
Title: Original Document Processor

Date: May 15, 2017

Note and that the facts stated in it are true.

424170039N NOTE

     

AUGUST 29, 2014
[Date] {City]

FLORIDA
\ [State]

17400 SW 296TH STREET, HOMESTEAD, FL 33030
[Property Address]

1. PARTIES

"Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means
PRIMARY RESIDENTIAL MORTGAGE, INC. and its successors and assigns.

2, BORROWER'S PROMISE TO PAY; INTEREST

“In return for a loan received from Lender, Borrower promises to pay the principal sum of TWO HUNDRED SEVENTY-FOUR
THOUSAND NINE HUNDRED TWENTY-EIGHT -AND 00/100 Dollars (U.S. $274, 928.00), plus interest, to the order of
Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of
FOUR AND ONE-FOURTH percent (4.250%) per year until the full amount of principal has been paid.

3. PROMISE TO PAY SECURED

Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as
this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might result if
Borrower defaults under this Note.

4, MANNER OF PAYMENT

(A) Time

Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on OCTOBER
4, 2014. Any principal and interest remaining on the first day of SEPTEMBER, 2044, will be due on that date, which is called the
“Maturity Date."

(B) Place
Payment shall be made at 1480 NORTH 2200 WEST, SALT LAKE CITY, UT 84116 orat such place as Lender
may designate in writing by notice to Borrower.

(© Amount

Each monthly payment of principal and interest will be in the amount of U.S. $1, 352.48. This amount will be part of a
larger monthly payment required by the Sccurity Instrument, that shall be applied to principal, interest and other items in the order
described in the Security Instrument.

(@) Allonge to this Note for Payment Adjustments

If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the
allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note.
[Check applicable box.]

= 3649 Page 1 of 3 FHA Florida Fixed Rate Note - 12/13

alOGraduated Payment Allonge UO Growing Equity Allonge C Other [Specify]

5. BORROWER'S RIGHT TO PREPAY

Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day
of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the
remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial
prepayment, there will be no changes in the duc date or in the amount of the monthly payment unless Lender agrees in writing to those
changes.

6. BORROWER'S FAILURE TO PAY

(A) Late Charge for Overdue Payments

If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of
this Note, by the end of 15 calendar days after the payment is due, Lender may collect a late charge in the amount of FOUR percent
(4.000%) of the overdue amount of each payment, unless such amount exceeds the maximum amount allowed by applicable state
Jaw, in which case the Lender may collect the maximum amount allowed by such law.

(B) Default

If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the
Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued
interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many
circumstances, regulations issued bythe Secretary will limit Lender's rights to require immediate payment in full in the case of
payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note,
"Secretary" means the Secretary of Housing and Urban Development or his or her designee.

(C) Payment of Costs and Expenses

If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and
expenses including reasonable and customary attorneys’ fees for enforcing this Note to the extent not prohibited by applicable law.
Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note.

7. WAIVERS

Borrower 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 Lender to demand payment of amounts due. "Notice of dishonor" means the right to require
Lender to give notice to other persons that amounts due have not been paid.

8. GIVING OF NOTICES

Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by
delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has
given Lender a notice of Borrower's different address.

Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in
Paragraph 4(B) or at a different address if Borrower is given a notice of that different address,

9, OBLIGATIONS OF PERSONS UNDER THIS NOTE

If more 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 guarantor, surety or endorser of this Note is also
obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser
of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each
person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts
owed under this Note.

10, DOCUMENTARY TAX
The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness.

 

= 36.49 Page 2 of 3 FHA Florida Fixed Rate Note - 12/13BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note.

 

rd SX-2F- 14
- BORROWER - EMIGDIO ANTONIO VASQUEZ-NAVARRO - DATE -
[Sign Original Only]
MORTGAGE LOAN ORIGINATOR LANE BARON
NATIONWIDE MORTGAGE LICENSING SYSTEM AND REGISTRY IDENTIFICATION NUMBER 332466

MORTGAGE LOAN ORIGINATION COMPANY PRIMARY RESIDENTIAL MORTGAGE, INC.
NATIONWIDE MORTGAGE LICENSING SYSTEM AND REGISTRY IDENTIFICATION NUMBER 3094

Pay to the order of}
Pacific Union Financial, LLC

Without recourse

Primary Residential Mortgage, Inc.

COLLEEN FISHER
DIRECTOR OF OPERATIONS

Pay to the Order of

Without Recourse
Pacific Union Financial, LLC

they Fao

Andy Peach, Executive Vice President

 

36.49 Page 3 of 3 FHA Florida Fixed Rate Note - 12/13-oan: SS BID85D DOC1
Commitment: AJ7535 VASQUEZ-NAVARRO
SocType: DEED OF GINNIEMAE Crh Rimi 4he
splier OR Bk 293 :
RECORDER 22!
FTG DOG TAX 962,50

 
 

iad

TRTANG TAX 549.86
After Recording Return ‘lo: mere HARVEY RUUINe CL!
PRIMARY RESIDENTIAL MORTGAGE, HEARI-DAGE COUNT
INC.

1480 NORTH 2200 WEST
SALT LAKE CITY, UT 84116
ATTN: FINAL DOCS TEAM

This document prepared by:
RHONDA TRAYLOR
PRIMARY RESIDENTIAL MORTGAGE,
Inc.
1480 NORTH 2200 WEST
SALT LAKE CITY, UTAH 84116
800-255-2792
[Space Above This Line For Recording Data]
MORTGAGE FHA Case No.

‘VASQUEZ -NAVARRO
ba

MN:
MERS Phone: SP
PN:

THIS MORTGAGE ("Security Instrument") is given on AUGUST 29, 2014. The mortgagor is
EMIGDIO ANTONIO VASQUEZ-NAVARRO AND BERTILA GONZALEZ, HUSBAND AND WIFE
("Borrower"). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. ("MERS")
(solely as nominee for Lender, as hereinafter defined, and Lender's successors and assigns), as mortgagee.
MERS is organized and existing under the laws of Delaware, and has an address and telephone number of PO
Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. PRIMARY RESIDENTIAL MORTGAGE, INC.
("Lender") is organized and existing under the laws of NEVADA, and has an address of 1480 NORTH 2200
WEST, SALT LAKE CITY, UT 84116. Borrower owes Lender the principal sum of TWO HUNDRED
SEVENTY~-FOUR THOUSAND NINE HUNDRED TWENTY-EIGHT AND 00/100 Dollars (U.S.
$274, 928.00). This debt is evidenced by Borrower's note dated the same date as this Security Instrument
("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on
SEPTEMBER 1, 2044. This Security Instrument secures to Lender: (a) the repayment of the debt
evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the
payment of all other sums, with interest, advanced under Paragraph 7 to protect the security of this Security
Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument
and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as
nominee for Lender and Lender's successors and assigns) and to thc successors and assigns of MERS the
following described property located in MIAMI-DADE County, Florida:

LEGAL DESCRIPTION ATTACHED EXHIBIT A HERETO AND MADE A PART HEREOF.
which has the address of 17400 SW 296TH STREET, HOMESTEAD, Florida 33030 ("Property

ed

FHA Florida Mortgage - 12/13
2 370.23

“a

om
UVREUUT TREVOR TUL EG UU

     
  

a: NavarroAddress");

TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also
be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the
"Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by
Borrower in this Security Instrument; but, if necessary to comply with Jaw or custom, MERS (as nominee for
Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including,
but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender
including, but not limited to, releasing or canceling this Security Instrument.

BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the
right to mortgage, grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject to any encumbrances of record.

THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real

property.
Borrower and Lender covenant and agree as follows:

UNIFORM COVENANTS:

1. Payment of Principal, Interest and Late Charge
Borrower shall promptly pay when due the principal of, and interest on, the debt evidenced by the Note
and late charges due under the Note.

2. Monthly Payment of Taxes, Insurance and Other Charges
Borrower shall include in each monthly payment, together with the principal and interest as set forth in
the Note and any late charges, a sum for

(a) taxes and special assessments levied or to be levied against the Property,
(b) leasehold payments or ground rents on the Property, and

(c) premiums for insurance required under Paragraph 4. In any year in which the Lender must pay a
mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or
in any year in which such premium would have been required if Lender still held the Security
Instrument, cach monthly payment shall also include either

@)_asum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or

(ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by
the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly
charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are
called "Escrow Funds."

Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to
exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate
Settlement Procedures Act of 1974, 12 U.S.C, Sec. 2601 et seq. and implementing regulations, 12 C.F.R.

FHA Florida Mortgage - 12/13
=> 370.23 Page 2 of 10Part 1024, as they may be amended from time to time (RESPA), except that the cushion or reserve
permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments
are available in the account may not be based on amounts due for the mortgage insurance premium.

If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA,
Lender shall deal with the excess funds as required by RESPA. If the amounts of funds held by Lender at
any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and
require Borrower to make up the shortage as permitted by RESPA.

The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If
Borrower tenders to Lender the full payment of all such sums, Borrowers account shall be credited with
the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium
installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly
refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its
acquisition by Lender, Borrower's account shall be credited with any balance remaining for all
installments for items (a), (b), and (c).

3. Application of Payments
All payments under Paragraphs 1 and 2 shall be applied by Lender as follows:

© First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly
charge by the Secretary instead of the monthly mortgage insurance premium;

© Second, to any taxes, special assessments, leaschold payments or ground rents, and fire, flood and
other hazard insurance premiums, as required;

© Third, to interest due under the Note;
© Fourth, to amortization of the principal of the Note; and
Fifth, to late charges due under the Note.

4, Fire, Flood, and Other Hazard Insurance

Borrower shall insure all improvements on the Property, whether now in existence or subsequently
erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires
insurance, This insurance shall be maintained in the amounts and for the periods that Lender requires.
Borrower shall also insure all improvements on the Property, whether now in existence or subsequently
erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with
companies approved by Lender. The insurance policies and any renewals shall be held by Lender and
shall include loss payable clauses in favor of, and in a form acceptable to, Lender.

In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of
loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and
directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly.
‘All or any part of the insurance proceeds may be applied by Lender, at its option, either

(a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any
delinquent amounts applied in the order in Paragraph 3, and then to prepayment of principal, or

(b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal
shall not extend or postpone the due date of the monthly payments which are referred to in
Paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an
amount required to pay all outstanding indebtedness under the Note and this Security Instrument

FHA Florida Mortgage - 12/13
23

=> 370. Page 3 of 10shall be paid to the entity legally entitled thereto.

In the event of foreclosure of this Security Instrument or other transfer of title to the Property that
extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force
shall pass to the purchaser.

5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan
Application; Leaseholds
Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty
days after the execution of this Security Instrument (or within sixty days of later sale or transfer of the
Property) and shall continue to occupy the Property as Borrower's principal residence for at least one
year after the date of occupancy, unless Lender determines that requirement will cause undue hardship
for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower
shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy,
damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and
tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in
default. Lender may take reasonable action to protect and preserve such vacant or abandoned property.
Borrower shall also be in default if borrower, during the loan application process, gave materially false
or inaccurate information or statements to Lender (or failed to provide Lender with any material
information) in connection with the loan evidenced by the Note, including, but not limited to,
representations concerning Borrower's occupancy of the Property as a principal residence. If this
Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If
Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender
agrees to the merger in writing.

6. Condemnation

The proceeds of any award or claim for damages, direct or consequential, in connection with any
condemnation or other taking of any part of the Property, or for conveyance in place of condemnation,
are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that
remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the
reduction of the Indebtedness under the Note and this Security Instrument, first to any delinquent
amounts applied in the order provided in Paragraph 3, and then to prepayment of principal. Any
application of the proceeds to the principal shall not extend or postpone the due date of the monthly
payments, which are referred to in Paragraph 2, or change the amount of such payments. Any excess
proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security
Instrument shall be paid to the entity legally entitled thereto.

7. Charges to Borrower and Protection of Lender's Rights in the Property
Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in
Paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the
payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request
Borrower shall promptly furnish to Lender receipts evidencing these payments.

If Borrower fails to make these payments or the payments required by Paragraph 2, or fails to perform
any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding
that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for
condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to
protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard
insurance and other items mentioned in Paragraph 2.

Any amounts disbursed by Lender under this Paragraph shall become an additional debt of Borrower and

‘FHA Florida Mortgage - 12/13
€ 370.23 Page 4 of 10be secured by this Security Instrument. These amounts shall bear Interest from the date of disbursement
at the Note rate, and at the option of Lender shall be immediately due and payable,

Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower:

(a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to
Lender;

(b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings
which in the Lenders opinion operate to prevent the enforcement of the lien; or

(c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this
Security Instrument. If Lender determines that any part of the Property is subject to a lien which
may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the
lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days
of the giving of notice.

8. Fees
Lender may collect fees and charges authorized by the Secretary.

9. Grounds for Acceleration of Debt
(a) Default. Lender may, except as limited by regulations issued by the Secretary in the case of
payment defaults, require immediate payment in full of all sums secured by this Security Instrument
ift

(i) Borrower defaults by failing to pay in full any monthly payment required by this Security
Instrument prior to or on the due date of the next monthly payment, or

i) Borrower defaults by failing, for a period of thirty days, to perform any other obligations
contained in this Security Instrument.

(6) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section
341() of the Garn-St Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with
the prior approval of the Secretary, require immediate payment in full of all sums secured by this
Security Instrument if:

(i) Allor part of the Property, or a beneficial interest in a trust owning all or part of the Property, is
sold or otherwise transferred (other than by devise or descent), and

(ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the
purchaser or grantee does so occupy the Property, but his or her credit has not been approved in.
accordance with the requirements of the Secretary.

(c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full,
but Lender does not require such payments, Lender does not waive its rights with respect to
subsequent events,

@

Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will
limit Lender rights, in the case of payment defaults, to require immediate payment in full and
foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not
permitted by regulations of the Secretary.

(e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not
determined to be eligible for insurance under the National Housing Act within 60 days from the date
hereof, Lender may, at its option, require immediate payment in full of all sums secured by this

FHA Florida Mortgage - 12/13
= 37023 Page 5 of 10Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent
to 60 days from the date hereof, declining to insure this Security Instrument and the Note, shall be
deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be
exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a
mortgage insurance premium to the Secretary.

 

10. Reinstatement

Borrower has a right to be reinstated if Lender has required immediate payment in full because of
Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies
even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall
tender in a lump sum all amounts required to bring Borrower's account current including, to the extent
they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and
customary attorney's fees and expenses properly associated with the foreclosure proceeding. Upon
reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in
effect as if Lender had not required immediate payment in full. However, Lender is not required to
permit reinstatement if:

(i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two
years immediately preceding the commencement of a current foreclosure proceeding,

 

Gi

(ii) reinstatement will adversely affect the priority of the lien created by this Security Instrument.

reinstatement will preclude foreclosure on different grounds in the future, or

11. Borrower Not Released: Forbearance by Lender Not a Waiver
Extension of the time for payment or modification of amortization of the sums secured by this Security
Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the
liability of the original Borrower or Borrowers successors in interest. Lender shall not be required to
commence proceedings against any successor in interest or refuse to extend time for payment or
otherwise modify amortization of the sums secured by this Security Instrument by treason of any demand
made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in
exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy.

12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers
The covenants and agreements of this Security Instrument shall bind and benefit the successors and
assigns of Lender and Borrower, subject to the provisions of Paragraph 9(b). Borrowers covenants and
agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not
execute the Note:

(a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in
the Property under the terms of this Security Instrument;

(b) is not personally obligated to pay the sums secured by this Security Instrument; and

(©) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any
accommodations with regard to the terms of this Security Instrument or the Note without that
Borrower's consent.

13. Notices
Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by
mailing it by first class mail unless applicable law requires use of another method. The notice shall be
directed to the Property Address or any other address Borrower designates by notice to Lender. Any
notice to Lender shall be given by first class mail to Lender's address stated herein or any other address

FHA Florida Mortgage - 12/13
© 370.23 Page 6 of 10Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be
deemed to have been given to Borrower or Lender when given as provided in this paragraph.

14. Governing Law; Severability
This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the
Property is located. In the event that any provision or clause of this Security Instrument or the Note
conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or
the Note which can be given effect without the conflicting provision. To this end, the provisions of this
Security Instrument and the Note are declared to be severable.

15. Borrower's Copy
Borrower shall be given one conformed copy of the Note and of this Security Instrument.

16. Hazardous Substances
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting
the Property that is in violation of any Environmental law. The preceding two sentences shall not apply
to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are
generally recognized to be appropriate to normal residential uses and to maintenance of the Property.

Borrower shall promptly give Lender written notice of any Investigation, claim, demand, lawsuit or other
action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower
Jearns, or is notified by any governmental or regulatory authority, that any removal or other remediation
of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all
necessary remedial actions in accordance with Environmental Law.

As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous
substances by Environmental law and the following substances: gasoline, kerosene, other flammable or
toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos
or formaldehyde, and radioactive materials. As used in this Paragraph 16, "Environmental law" means
federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or
environmental protection.

NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:

17. Assignment of Rents

Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property.
Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each
tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to
Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall
collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and
Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for
additional security only.

Upon default as provided in Paragraph 9(a), and upon written demand by Lender to Borrower: (a) all
rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied
to the sums secured by this Security Instrument; (b) Lender shall be entitled to collect and receive all of
the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender
or Lender's agent on Lender's written demand to the tenant.

Borrower has not executed any prior assignment of the rents and has not and will not perform any act

FHA Florida Mortgage ~ 12/13
=> 370.23 Page 7 of 10that would prevent Lender from exercising its rights under this Paragraph 17.

Lender shall not be required to enter upon, take control of or maintain the Property before or after giving
notice of breach to Borrower. Any application of rents shall not cure or waive any default or invalidate
any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the
debt secured by the Security Instrument is paid in full.

18. Foreclosure Procedure
If Lender requires immediate payment in full under Paragraph 9, Lender may foreclose this
Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses
incurred in pursuing the remedies in this Paragraph 18, including, but not limited to, reasonable
attorney's fees and costs of title evidence.

If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary
requires immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial
power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C.
3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commence
foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall
deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or
applicable law.

19, Release
Upon payment of all sums secured by this Security Instrument, Lender shall release this Security
Instrument without charge to Borrower. Borrower shall pay any recordations costs,

20. Attorney's Fees
As used in this Security Instrument and the Note, “attorney's fees" shall include any attomey's fees
awarded by an appellate court.

21. Riders to This Security Instrument
If one or more riders are executed by Borrower and recorded together with this Security Instrument, the
covenants of each such rider shall be incorporated into and shall amend and supplement the covenants
and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument.
[Check applicable box(es)].

(Condominium Rider | (Growing Equity Rider OC Adjustable Rate Rider
O Planned Unit Development Rider Ci Graduated Payment Rider
O Other [specify]

FHA Florida Mortgage - 12/13
> 370.23 Page 8 of 10BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any rider(s) executed by Borrower and recorded with it.

ry
¢ Maa aa > ox-27- Y
- BORROWER - EMIGDIO ANTONIO VASQUEZ-NAVARRO - DATE -

= 08-3-44U/

 

BERTILA GONZALEZ -

Borrower's Mailing Address: 17400 SW 296TH STREET, HOMESTEAD, FL 33030

ed in the presence of:

   

Signed, sealed, and deli;

 

 

 

Giov \
lovanni Nicosia. ace Below This Line For Acknowledgment]

STATE OF FL

COUNTY OF MIAMI-DADE

 

The foregoing instrument was acknowledged before me this 24 day of
, by EMIGDIO ANTONIO VASQUEZ-NAVARRO AND BERTILA

ho personally known to me or has produced
Lh. as identification.

GONZALEZ,

N L a
TOT mee

 
   

   

GIOVANNI NICOSIA
MY COMMISSION # SE 153770
EXPIRES: December 29, 2015
‘Borided Thru Notary Pubic Underwriters

 
  

My Commission Expires:
Serial #:

 
  
 

FHA Florida Mortgage - 12/13
> 370.23 Page 9 of 10_-_
MORTGAGE LOAN ORIGINATOR LANE BARON

NATIONWIDE MORTGAGE LICENSING SYSTEM AND REGISTRY IDENTIFICATION NUMBER
332466

MORTGAGE LOAN ORIGINATION COMPANY PRIMARY RESIDENTIAL MORTGAGE, INC.

NATIONWIDE MORTGAGE LICENSING SYSTEM AND REGISTRY IDENTIFICATION NUMBER
3094

= 370.23 Page 10 of 10 FHA Florida Mortgage - 12/13@® Chicago Title Insurance Company customer nett No.: aii

 

EXHIBIT “A”

The North 1/2 of the of the NE 1/4 of the NW 1/4 of the NW 1/4 of Section 7, Township 57 South
Range 39 East, less the West 442 feet and the North 25 feet and the East 25 feet thereof, lying
g and being in Miami-Dade County, Florida.

a

 

Copyright American Land Title Association. All rights reserved.

The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the
date of use. All other uses are prohibited. Reprinted under license from the American Lend Title
Association.

ALTA Commitment (6/17/06) (with FL Modifications)CFN: 20160597632 BOOK 30269 PAGE 1532
DATE:10/17/2016 11:05:04 AM
HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY

pe

After Recording Return To: This Document Prepared By:
RUTH RUHL, P.C. Ruth Ruhl, Esquire

Attn: Recording Department 12700 Park Central Drive, Suite 850
12700 Park Central Drive, Suite 850 Dallas, Texas 75251

Dallas, Texas 75251

[Space Above This Line For Recording Data]
FHA Case No: Si.

LOAN MODIFICATION AGREEMENT

(Providing for Fixed Interest Rate)

 

 

 

Loan No.:

 

 

 

‘This Loan Modification Agreement (“Agreement”), made this 25th day of August, 2016 >
between Emigdio Antonio Vasquez-Navarro and Bertila Gonzalez, husband and wife
(“Borrower”)
whose address is 17400 SW 296th Street, Homestead, Florida 33030
and Pacific Union Financial LLC

: (“Lender”),
whose address is 1603 LBJ Freeway, Suite 500, Farmers Branch, Texas 75234
amends and supplements (1) the Mortgage, Deed of Trust, or Security Deed (the “Security Instrument”), dated
Angust 29th, 2014, recorded September 12th, 2014 __, and recorded in Book/Liber 29306 »Page 1829,
Instrument No, 2014R0634350 , ofthe Official Records of Miami-Dade County, Florida .
and (2) the Note, bearing the same date as, and secured by, the Security Instrument, which covers the real and

al property described in the Security Instrument and defined therein as the “Property,” located at

17400 SW 296th Street, Homestead, Florida 33030 ,

“The portion of the Unpaid Principal Balance which is subject to documentary stamp and intangible
tax is $0.00.”

 

FLORIDA LOAN MODIFICATION AGREEMENT Page fof 6
(ENMA Modified Form 3179 1/01 (rev. 04/16)Loan No.: a

the real property described being set forth as follows:

THE NORTH 1/2 OF THE NE 1/4 OF THE NW 1/4 OF THE NW 1/4 OF SECTION 7, TOWNSHIP 57 SOUTH
RANGE 39 EAST, LESS THE WEST 442 FEET AND THE NORTH 25 FEET AND THE EAST 25 FEET
THEREOF, LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA.

APN: 30-7907-000-0203

In consideration of the mutual promises and agreements exchanged, the parties hereto agree as follows
(notwithstanding anything to the contrary contained in the Note or Security Instrument):

L As of October Ist, 2016 , the amount payable under the Note and the Security Instrument
(the “Unpaid Principal Balance”) is U.S. $ 217,658.00 , consisting of the unpaid amount(s) loaned to
Borrower by Lender plus any interest and other amounts capitalized.

2. Borrower promises to pay the Unpaid Principal Balance, plus interest, to the order of
Lender. Interest will be charged on the Unpaid Principal Balance at the yearly rate of 3.875 %, from
September 1st, 2016. Borrower promises to make monthly payments of principal and interest of
USS. $ 1,023.51 , beginning onthe Ist day of October , 2016 —, and continuing thereafter on the
same day of each succeeding month until principal and interest are paid in full. The yearly rate of 3.875 %
will remain in effect until principal and interest are paid in full. If on September Ist, 2046 , (the “Maturity
Date”), Borrower still owes amounts under the Note and the Security Instrument, as amended by this Agreement,
Borrower will pay these amounts in full on the Maturity Date.

3. If all or any part of the Property or any interest in the Property is sold or transferred (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 the Security Instrument.

If 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 delivered or mailed within which Borrower
must pay all sums secured by the Security Instrument. If Borrower fails to pay these sums prior to the expiration of
this period, Lender may invoke any remedies permitted by the Security Instrument without further notice or demand
on Borrower.

4, Borrower also will comply with all other covenants, agreements, and requirements of the Security
Instrument, including without limitation, the Borrower's covenants and agreements to make all payments of taxes,
insurance premiums, assessments, escrow items, impounds, and all other payments that Borrower is obligated to
make under the Security Instrument; however, the following terms and provisions are forever canceled, null and
void, as of the specified date in paragraph No. 1 above:

(a) all terms and provisions of the Note and Security Instrument (if any) providing for, implementing,
or relating to, any change or adjustment in the rate of interest payable under the Note; and

(b) all terms and provisions of any adjustable rate rider, or other instrument or document that is
affixed to, wholly or partially incorporated into, or is part of, the Note or Security Instrument and that contains any
such terms and provisions as those referred to in (a) above.

 

FLORIDA LOAN MODIFICATION AGREEMENT Page 2 of 6
(ENMA Modified Form 3179 1/01 (rev. 04/14)Loan No:

5. Borrower understands and agrees that:

(a) All the rights and remedies, stipulations, and conditions contained in the Security Instrument
relating to default in the making of payments under the Security Instrument shall also apply to default in the making
of the modified payments hereunder.

(b) All covenants, agreements, stipulations, and conditions in the Note and Security Instrument shall
be and remain in full force and effect, except as herein modified, and none of the Borrower's obligations or
liabilities under the Note and Securit