Preview
Case Number: COCE-15-026978 Division: 49
Filing # 35680839 E-Filed 12/17/2015 03:38:41 PM.
IN THE COUNTY COURT IN AND
FOR BROWARD COUNTY, FLORIDA
WESTLAKE HOMEOWNERS ASSOCIATION,
INC., a Florida non-profit corporation,
Plaintiff,
Vv.
ELIZABETH STARK WEATHER, UNKNOWN
TENANT #1, UNKNOWN TENANT #2,
fictitious names representing unknown tenants
in possession, and any and all unknown parties
claiming by, through, under and against the herein
named individual defendants who are now known
to be dead or alive, whether said unknown parties
may claim an interest as spouses, heirs, grantees,
or other claimants,
Defendants.
/
LIEN FORECLOSURE COMPLAINT
Plaintiff, WESTLAKE HOMEOWNERS ASSOCIATION, INC., ("Plaintiff") sues Defendants
ELIZABETH STARKWEATHER, UNKNOWN TENANT #1 and UNKNOWN TENANT #2,
fictitious names representing unknown tenants in possession, and any unknown parties claiming by,
through under and against the herein named individual defendants who are not known to be dead
or alive, whether said unknown parties may claim an interest as spouses, heirs, grantees, or other
claimants ("Defendant"), and alleges:
1 This is an action to foreclose a lien on real property located in Broward County, Florida.
2 Plaintiff is a Florida corporation operating a Homeowners Association located in
Broward County, Florida.
2
3 Defendant is the record title owner of the following property:
Lot 22, Block 6 of the Plat of Springlake II according to the Plat thereof recorded in Plat
Book 109, Page 11 of the Public Records of Broward County, Florida
a/k/a 9662 NW 76 Street, Tamarac, FL
4 By virtue of acquiring title to the Property, Defendant is bound by the terms of a
Declaration recorded in the public records of Broward County, Florida ("Declaration").
*** FILED: BROWARD COUNTY. FL HOWARD FORMAN, CLERK 12/17/2015 3:42:15 PM.****
5. All conditions precedent to filing this action and all conditions precedent to Plaintiff's
obligations under the Declaration have been performed or have occurred.
6. Plaintiff has retained the law firm of Jennings & Valancy, P.A. in this action and has
agreed to pay it reasonable attorneys’ fee for its services together with all costs and expenses of collection.
7 Defendants have failed to pay maintenance assessments due pursuant to the Declaration.
8 Plaintiff made demand upon Defendant to pay the past due assessments. A true and
correct copy of the demand is attached hereto and incorporated herein as Exhibit "A."
9. By virtue of Defendant's failure to make payment due to Plaintiff, Plaintiff recorded a
Claim of Lien against the Property and made demand for payment upon Defendant. True and correct
copies of the Claim of Lien and demand letter are attached hereto and incorporated herein as Composite
Exhibit "B."
10. In order to satisfy the maintenance assessments, Defendant must pay the sum of
$2,265.00 less amounts held in trust $1,410.00 through December, 2015, plus maintenance assessments
accruing since that time, together with interest, late charges, all advances including payment of real estate
taxes, all expenses of foreclosure including title search expenses for ascertaining necessary parties to this
action, and reasonable attorneys’ fees as provided for in the Declaration and under Florida law.
ll. Defendant, ELIZABETH STARKWEATHER, now owns, holds, and may claim some
interest in the Property that is the subject of this foreclosure action.
12. UNKNOWN TENANT #1 and UNKNOWN TENANT #2, fictitious names
representing unknown tenants in possession, may claim some interest in the Property that is the subject of
this foreclosure action by virtue of being in possession of the property. Any such interest is subordinate,
inferior and subject to the interest of the Plaintiff.
WHEREFORE, Plaintiff requests that:
Q) The Court will assume jurisdiction of the subject matter of this action and of the named
parties.
Q) The Court will ascertain the amount of money due Plaintiff for past due maintenance
assessments and special assessments, if any, and all maintenance assessments and special assessments, if
any, which come due during the pendency of this action and which may become due by acceleration, plus
any sums advanced by Plaintiff for real estate taxes or other sums necessary for Plaintiff to protect its lien
against the property and interest, late charges, abstracting, expenses of foreclosure, including attorneys’
fees, that Plaintiff is entitled to recover in this action.
(3) The Court decrees that Plaintiff has a lien on the Property for the sum of money found to
be due to Plaintiff.
(4) If the sums due Plaintiff under the Declaration are not paid immediately, the Court shall
foreclose the Lien in accordance with the rules and established practice of the Court, and the Clerk of the
Court shall sell the Property to satisfy the lien of Plaintiff in accordance with the provisions of Florida
Statutes.
(5) The Court decrees that the lien of Plaintiff is superior and paramount to all liens, rights,
title and interest of any Defendant, or any party claiming by, through, under or against any Defendant,
and that such liens, rights, title or interest of any Defendant named herein or hereafter made a Defendant
or any party claiming by, through, under or against any Defendant be forever barred and foreclosed.
(6) The Court retain jurisdiction of this action in order to make any and all further orders and
judgments as may be necessary and proper, including a deficiency judgment and the issuance of a writ of
possession.
M The Court grant such other and further relief as Plaintiff may be entitled to receive.
JENNINGS & VALANCY, P.A
Attorneys for Plaintiff
11 S.E, 13% Street
Fort Laud le, FL 33316
Telephoy 454) 463 600
E-Mail @myflalaw.com
By: Xx
Stevey S. Valancy, Esq.
Florida\Bar No. 715130
WESTLAKE HOMEOWNERS ASSOC INC
FINANCIAL TRANSACTIONS - 12/14/15
9662 NW 76th Street Unit ID
9662
Elizabeth Starkweather STATUS: 04 - Lien
START DATE: 06/01/14 PREPAID BAL: 0.00
‘PAYMENTS/TRXN DESCR: -~-CHARGES/PAYMENT DISTR-
PAYMT
AMT CHECK # DEP DT CODE N/A DESCRIPTION
een--e =. wee =: ane----.
060114 APPLY CHARGES Al Maintenance 105.00 105.00
061714 105.00 107 061714 Al Maintenance Fee (105.00) 0.00
-
070114 APPLY CHARGES Al Maintenance Fee 105.00 105.00
071814 APPLY LATE FEE o1 Late Fees 25.00 130.00
071814 Action taken: 01 - First Letter
waeeee
080114 APPLY CHARGES Al Maintenance Fee 105.00 235.00
081514 Action taken: 02 - Cert. Letter
062014 APPLY LATE FEE o1 Late Fees 25.00 260.00
082714 FILE GIVEN TO EILEEN TO START COLLECTION
082714 PROCEDURES TQ
--: ~
090114 APPLY CHARGES AL Maintenance 105.00 365.00
090314 placed on hold per T....bfs
091914 APPLY LATE FEE ol Late Fees 25.00 390.00
100114 APPLY CHARGES Al Maintenance 105.00 495.00
102014 APPLY LATE FEE o1 Late Fees 25.00 520.00
eeeene
110114 APPLY CHARGES Maintenance Feo 105.00 625.00
111914 APPLY LATE FEE o1 Late Fees 25.00 650.00
120114 APPLY CHARGES Maintenance Feo 105.00 755.00
122414 APPLY LATE FEE 01 Late Fees 25.00 780.00
- -
010115 APPLY CHARGES Maintenance Fee 105.00 885.00
020115 APPLY CHARGES Maintenance 105.00 990.00
022015 APPLY LATE FEE 01 Late Fees 25.00 1015.00
030115 ‘APPLY CHARGES Maintenance Fee 105.00 1120.00
032315 APPLY LATE FEE 01 Late Fees 25.00 1145.00
-
040115 APPLY CHARGES AL Maintenance 105.00 1250.00
042015, APPLY LATE FEE o1 Late Fees 25.00 1275.00
050115 APPLY CHARGES Maintenance Fee 105.00 1380.00
052115 APPLY LATE FEE 01 Late Fees 25.00 1405.00
060115 APPLY CHARGES Maintenance 105.00 1510.00
-
070115 APPLY CHARGES Maintenance Fee 105.00 1615.00
072015 APPLY LATE FEE o1 Late Foes 25.00 1640.00
WESTLAKE HOMEOWNERS ASSOC INC
FINANCIAL TRANSACTIONS - 12/14/15
9662 NW 76th Street Unit ID: 9662
Elizabeth Starkweather STATUS: 04 - Lien
START DATE: 06/01/14 PREPAID BAL: 0.00
oHne=1 ‘PAYMENTS/TRXN DESCR--- seen '-~CHARGES/ PAYMENT DISTR-: -----
PAYMT
AMT CHECK # DEP DT CODE N/A DESCRIPTION AMOUNT DUE
weenee =. eo wewenn se eee fone 2-2-2 2-2 -n-- ne +e. -- ---------. ---
aanee
080115, APPLY CHARGES Al Maintenance Fee 105.00 1745.00
082515 APPLY LATE FEE o1 Late Fees 25.00 1770.00
eeeene
090115 ‘APPLY CHARGES AL Maintenance Fee 105.00 1875.00
092315 APPLY LATE FEE o1 Late Fees 25.00 1900.00
weeeee
100115 APPLY CHARGES AL Maintenance Fee 105.00 2005.00
102115 APPLY LATE FEE o1 Late Fees 25.00 2030.00
wenene
110115 APPLY CHARGES AL Maintenance Fee 105.00 2135.00
112415 APPLY LATE FEE o1 Late Fees 25.00 2160.00
= ==
120115 APPLY CHARGES Al Maintenance Fee 105.00 2265.00
~- End of report --
STEVEN S. VALANCY P.A.
Law Offices
JENNINGS & VALANCY, P.A.
311 SE 13 STREET
FORT LAUDERDALE, FLORIDA 33316
TEL. (954) 463-1600 * FACS. (954) 463-1222
September 18, 2014
Via Certified & Regular Mail
Elizabeth Anne Starkweather
9662 NW 76 Street
Tamarac, FL 33321
Re: Westlake Homeowners Association, Inc.
Property Address: 9662 NW 76 Street, Tamarac, FL 33321
Matter No.: 550-1013
Dear Owner:
We represent Westlake Homeowners Association, Inc. (“The Association”). The
Association has advised us that your account has a balance due for maintenance assessments and
late fees as follows:
365.00 Through September 2014 per attached ledger
207.50 Attorney’s Fees and Costs
572.50 Total due if payment received on or before September 30, 2014
105.00 Maintenance due October 1, 2014
677.50 Total due if payment received on or before October 31, 2014
105.00 Maintenance due November 1, 2014
782.50 Total due if payment received on or before November 2, 2014
Enclosed is a copy of the Association’s ledger which reflects the amount due and owing
to the Association. In addition, you are responsible for payment of attorney's fees and costs in
the amount of $207.50. The total amount due is $572.50 if payment is received prior to October
1, 2014. After October 1, 2014 additional maintenance will come due as set forth above. You
must remit payment in full within forty-five (45) days from the date of your receipt of this letter.
Payment must be in the form of a cashier’s check or money order payable to Steven S. Valancy,
P.A. trust account and received by this office.
In the event that payment is not received in a timely manner, the Association has
instructed us to take further action to effectuate collection. This may include filing a lien against
your property for the past due maintenance assessments. Should this become necessary, you
may be held accountable for all additional attorneys’ fees and costs incurred by the Association.
If you dispute the amount or validity of this debt, you have the right to request additional
information or documentation evidencing the debt pursuant to the Fair Debt Collections Practices
Act as more fully set forth in the attached enclosure.
Very truly yours,
JENNIN &V, ICY, P.A.
Stey S. Valancy
SSV/rle
Enclosures: Fair Debts Collection Practices Act
Account Ledger
PLEASE NOTE:
IF ANY INDIVIDUAL RESPONSIBLE FOR PAYMENT OF THIS DEBT HAS
RECEIVED A DISCHARGE IN BANKRUPTCY, THIS DEMAND AND ANY
SUBSEQUENT PROCEEDINGS SHALL BE IN REM AS TO SUCH INDIVIDUAL FOR
THE PORTION OF THE DISCHARGED DEBT AND NO ATTEMPT SHALL BE MADE
TO IMPOSE PERSONAL LIABILITY OR TO SEEK A PERSONAL MONEY
JUDGMENT AGAINST SUCH INDIVIDUAL.
NOTICE REQUIRED BY FAIR DEBTS COLLECTION PRACTICES ACT
15 U.S.C. § 1601 et seq., as amended
We are attempting to collect a debt. Any information obtained will be used for that
purpose.
1 The amount of the debt is stated in the letter and/or lien to which this notice is attached.
2 The Creditor as named in the letter and/or lien to which this notice is attached is the
Creditor to whom the debt is owed; the law firm sending this notice is the Creditor’s
law firm.
The debt described in the letter and/or lien to which this notice is attached will be
assumed to be valid by the Creditor’s law firm, unless the debtor, within thirty (30) days
after the receipt of this notice, disputes the validity of the debt or some portion thereof.
If the debtor notifies the Creditor’s law firm in writing within thirty (30) days of the
receipt of this notice that the debt or any portion of it is disputed, the Creditor’s law firm
will obtain a verification of the debt and a copy of the verification will be mailed to the
debtor by the Creditor’s law firm.
The name of the Creditor is set forth in the letter and/or lien to which this notice is
attached.
6. Any written correspondence required by this Act should be addressed to Jennings &
Valancy, P.A., Attn.: Steven S. Valancy, Esq., 311 SE 13" Street, Ft. Lauderdale, FL
33316; (954) 463-1600.
WESTLAKE HOMEOWNERS ASSOC INC
FINANCIAL TRANSACTIONS - 09/16/14
9662 NW 76th Street Unit ID: 9662
Blizabeth Starkweather STATUS: 02 - Cert. Letter
START DA’ 06/17/14 PREPAID BAL: 0.00
ween! ‘PAYMENTS/TRXN DESCR-- mene nn nnn CHARGES /PAYMENT DISTR----~----
DATE PAYMT AMT CHECK # DEP DT CODE N/A DESCRIPTION AMOUNT DUE
weeene aeeee ee eee HH. wen wa nene weeee weno -----. ene: ennnnne een--e------
062714 105.00 107 061714 AL Maintenance Fee (105.00) 0.00
nee
070114 APPLY CHARGES Al Maintenance Fee 105.00 105.00
071814 APPLY LATE FEE o1 Late Fees 25.00 130.00
071814 Action taken: 01 - First Letter
a =
080114 APPLY CHARGES Al Maintenance Fee 105.00 235.00
081514 Action taken: 02 - Cert. Letter
082014 APPLY LATE FEE o1 Late Fees 25.00 260.00
082714 FILE GIVEN TO EILEEN TO START COLLECTION
082714 URES TQ
annn--
090114 APPLY CHARGES Al Maintenance Feo 105.00 365.00
090314 placed on hold per 7....bfs
-- End of report --
Law Offices
JENNINGS & VALANCY, P.A.
311 SE 13" STREET
Fr, LAUDERDALE, FL 33316
TEL. (954) 463-1600 * FACS. (954) 463-1222
December 15, 2014
Via Certified and U.S. Mail
Elizabeth Anne Starkweather
9662 NW 76 Street
Tamarac, FL 33321
RE: Westlake Homeowners Association, Inc.
Property Address: 9662 NW 76 Street, Tamarac, FL
Our Matter No.: 550-1013
Dear Owner:
We represent the Westlake Homeowners Association, Inc. We enclose a copy of a
Claim of Lien, which has been filed against the above-referenced unit by virtue of your failure to
pay assessments.
If this lien is not satisfied within forty-five (45) days from the date of this letter, a
foreclosure action will be filed without further notice or demand. In the event that we are
required to institute foreclosure proceedings, you will be held accountable for all attorneys’ fees
and costs incurred by our client.
The following is currently due and owing:
$ 755.00 Through December 2014 per attached ledger
$ 13.44 Interest at 18% per annum from July 1, 2014
$ 775.00 Attorney’s Fees
$ 52.95 Attorneys Costs
$ < 600.00 > Less sums in trust
S$ 996.39 Total due if payment received on or before December 31, 2014
$ 105.00 Assessment due January 1, 2015
$ 1,101.39 Total due if payment received January 1, 2015 through January 29, 2015
To satisfy and remove the lien, you are responsible for the amount stated above.
Additional fees and costs may be incurred after January 29, 2015. Payment must be in the
form of a cashiers’ check or money order made payable to Steven S. Valancy, P.A. Trust
Account and must be delivered to our office at the address above.
Vel Truly Yours,
Jergings & Valancy, P.A.
Steer . Valancy
SSV/sc EXHIBIT
6
Enclosures: t Collection Practices Act
Compo Site
Prepared by and return to
Jennings & Valancy, P.A.
311 S.E. 13" Street
Ft. Lauderdale, FL 33316
(954) 463-1600
CLAIM OF LIEN
KNOWN ALL MEN BY THESE PRESENTS, THAT
Westlake Homeowners Association, Inc., a Homeowners Association (hereinafter referred to as “ASSOCIATION”) of
Broward County, Florida, whose address is c/o: J&L Property Management 10191 W Sample Road, Ste 203, Coral Springs,
FL 33065, claims this lien against the following property:
Lot 22, Block 6 of the Plat of Springlake II according to the Plat thereof recorded in Plat
Book 109, Page 11 of the Public Records of Broward County, Florida
a/k/a 9662 NW 76 Street, Tamarac, FL
Parcel ID No: 4941 05 16 1840
The following sums are due for assessments
Assessments due from July 2014 through December 2014 6 @ $105.00 per month $630.00
Plus interest at the rate of 18 percent per annum and late fees, if any, from the dates due, less all
payments received since the date of the initial delinquency for a total of $755.00. Additionally, this
Claim of Lien secures interest, late fees, costs and reasonable attorney fees incurred by the Association
pursuant to, and as provided in, the recorded governing documents for the Association. Further this lien
secures all assessments coming due, less any payments received since the date of the initial delinquency.
For estoppel information or a payoff figure, please contact Jennings and Valancy, P.A.
The owner(s) and address of said parcel: Elizabeth Anne Starkweather “
vp CY
Signed, sealed and Westlake Homeowners Association, Inc.
In sence of: f
i
C By: y
Lhlhiles bodes Steven. Valancy, Attorney and Authorized
Agent for Association
Kw
STATE OF FLORIDA )
COUNTY OF BROWARD )
The forgoing instrument was acknowledged before me this 1D day of December, 2014, by Steven
S. Valancy, who is personally known to me and who did take an oath
My Commission Expires
NOTARY PUBLIC/State of Florida at Largest a Elz
ee
Sy f 9,
en
Us| aS
PLEASE NOTE:
IF ANY INDIVIDUAL RESPONSIBLE FOR PAYMENT OF THIS DEBT HAS
RECEIVED A DISCHARGE IN BANKRUPTCY, THIS DEMAND AND ANY
SUBSEQUENT PROCEEDINGS SHALL BE IN REM AS TO SUCH INDIVIDUAL FOR
THE PORTION OF THE DISCHARGED DEBT AND NO ATTEMPT SHALL BE MADE
TO IMPOSE PERSONAL LIABILITY OR TO SEEK A PERSONAL MONEY
JUDGMENT AGAINST SUCH INDIVIDUAL.
NOTICE REQUIRED BY FAIR DEBTS COLLECTION PRACTICES ACT
15 U.S.C. § 1601 et seq., as amended
We are attempting to collect a debt. Any information obtained will be used for that
purpose.
The amount of the debt is stated in the letter and/or lien to which this notice is attached.
The Creditor as named in the letter and/or lien to which this notice is attached is the
Creditor to whom the debt is owed; the law firm sending this notice is the Creditor’s
law firm.
The debt described in the letter and/or lien to which this notice is attached will be
assumed to be valid by the Creditor’s law firm, unless the debtor, within thirty (30) days
after the receipt of this notice, disputes the validity of the debt or some portion thereof.
If the debtor notifies the Creditor’s law firm in writing within thirty (30) days from
receipt of this notice that the debt or any portion of it is disputed, the Creditor’s law firm
will obtain a verification of the debt and a copy of the verification will be mailed to the
debtor by the Creditor’s law firm.
The name of the Creditor is set forth in the letter and/or lien to which this notice is
attached.
Any written correspondence required by this Act should be addressed to Jennings &
Valancy, P.A., Attn.: Steven S, Valancy, Esq., 311 SE 13" Street, Ft. Lauderdale, FL
33316; (954) 463-1600.
ee a
AR1626.TXT
WESTLAKE HOMEOWNERS ASSOC _ INC
FINANCIAL TRANSACTIONS - 12/11/14
9662 NW 76th Street Unit ID: 9662
Elizabeth Starkweather STATUS: 03 - Atty Action
START DATE: 06/01/14 PREPAID BAL:
TXN ----- PAYMENTS/TRXN DESCR- -- -CHARGES/PAYMENT DISTR-
BALANCE
DATE PAYMT AMT CHECK # DEP DT CODE N/A DESCRIPTION AMOUNT DUE
-- aan------- s---n- eee 22 ---- fone Hn ee = 22 eeeeee =o +e ----
-- aa--
060114 APPLY CHARGES Al Maintenance Fee 105. 00
105.01
061714 105.00 107 061714 Al Maintenance Fee (105. 00)
0.00
aannee
070114 APPLY CHARGES Al Maintenance Fee 105 00
105.00
071814 APPLY LATE FEE 01 Late Fees 25 00
130.01
071814 Action taken: 01 - First Letter
we----
080114 APPLY CHARGES Al Maintenance Fee 105 00
235.00
081514 Action taken: 02 - Cert. Letter
082014 APPLY LATE FEE 0 Late Fees 25 00
260.00
090114 APPLY CHARGES Al Maintenance Fee 105 00
365.00
091914 APPLY LATE FEE o1 Late Fees 25 00
390.00
non---
100114 APPLY CHARGES, Al Maintenance Fee 105 00
495.00
102014 APPLY LATE FEE o1 Late Fees 25 00
520.00
------
110114 APPLY CHARGES Al Maintenance Fee 105 00
625.00
111914 APPLY LATE FEE o1 Late Fees 25 00
650.00
an----
120114 APPLY CHARGES. Al Maintenance Fee 105 00
755.00
BALANCE SUMMARY
a-----------
ee = +--+
CHARGE CODE DESCRIPTION AMOUNT
----------- a on--=n Hn nen ee ------------
Al Maintenance Fee 630.00
o1 Late Fees 125.00
eann-eeH----
TOTAL: 755.00
Page 1
INSTR # 112698983, OR BK 51319 PG 1329, Page 1 of 1, Recorded 12/16/2014 at
11:31 AM, Broward County Commission, Deputy Clerk ERECORD
Prepared by and return to:
Jennings & Valancy, P.A.
311 S.E. 13" Street
Ft. Lauderdale, FL 33316
(954) 463-1600
CLAIM OF LIEN
KNOWN ALL MEN BY THESE PRESENTS, THAT:
Westlake Homeowners Association, Inc., a Homeowners Association (hereinafter referred to as “ASSOCIATION” of
Broward County, Florida. whose address is c/o: J&L Property Management 10191 W Sample Road, Ste 203, Coral Springs,
FI, 33065, claims this lien against the following property
Lot 22, Block 6 of the Plat of Springlake II according to the Plat thereof recorded in Plat
Book 109, Page 11 of the Public Records of Broward County, Florida
a/k/a 9662 NW 76 Street, Tamarac, FL
Parcel ID No: 4941 05 16 1840
The following sums are due for assessments:
Assessments due from July 2014 through December 2014 6 @ $105.00 per month $630.00
Plus interest at the rate of 18 percent per annum and late fees, if any, from the dates due, less all
payments received since the date of the initial delinquency for a total of $755.00. Additionally, this
Claim of Lien secures interest, late fees, costs and reasonable attorney fees incurred by the Association
pursuant to, and as provided in, the recorded governing documents for the Association. Further this lien
secures all assessments coming due, less any payments received since the date of the initial delinquency:
For estoppel information or a payoff figure, please contact Jennings and Valancy, P.A.
The owner(s) and address of said parcel: Elizabeth Anne Starkweather a
Signed, sealed and deli d Westlake peers Association, Inc.
In Py of: .
By:
Witness Steven, alancy, Attorney and Authorized
Age for sociation
STATE OF FLORIDA )
COUNTY OF BROWARD )
The forgoing instrument was acknowledged before me this Bh day of December, 2014, by Steven
S. Valancy. who is personally known to me and who did take an oath.
My Commission Expires “2 ve
JOTARY PUBLIC/State of Florida at ‘ee
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Preview
Case Number: COCE-15-026978 Division: 49 Filing # 35680839 E-Filed 12/17/2015 03:38:41 PM. IN THE COUNTY COURT IN AND FOR BROWARD COUNTY, FLORIDA WESTLAKE HOMEOWNERS ASSOCIATION, INC., a Florida non-profit corporation, Plaintiff, Vv. ELIZABETH STARK WEATHER, UNKNOWN TENANT #1, UNKNOWN TENANT #2, fictitious names representing unknown tenants in possession, and any and all unknown parties claiming by, through, under and against the herein named individual defendants who are now known to be dead or alive, whether said unknown parties may claim an interest as spouses, heirs, grantees, or other claimants, Defendants. / LIEN FORECLOSURE COMPLAINT Plaintiff, WESTLAKE HOMEOWNERS ASSOCIATION, INC., ("Plaintiff") sues Defendants ELIZABETH STARKWEATHER, UNKNOWN TENANT #1 and UNKNOWN TENANT #2, fictitious names representing unknown tenants in possession, and any unknown parties claiming by, through under and against the herein named individual defendants who are not known to be dead or alive, whether said unknown parties may claim an interest as spouses, heirs, grantees, or other claimants ("Defendant"), and alleges: 1 This is an action to foreclose a lien on real property located in Broward County, Florida. 2 Plaintiff is a Florida corporation operating a Homeowners Association located in Broward County, Florida. 2 3 Defendant is the record title owner of the following property: Lot 22, Block 6 of the Plat of Springlake II according to the Plat thereof recorded in Plat Book 109, Page 11 of the Public Records of Broward County, Florida a/k/a 9662 NW 76 Street, Tamarac, FL 4 By virtue of acquiring title to the Property, Defendant is bound by the terms of a Declaration recorded in the public records of Broward County, Florida ("Declaration"). *** FILED: BROWARD COUNTY. FL HOWARD FORMAN, CLERK 12/17/2015 3:42:15 PM.**** 5. All conditions precedent to filing this action and all conditions precedent to Plaintiff's obligations under the Declaration have been performed or have occurred. 6. Plaintiff has retained the law firm of Jennings & Valancy, P.A. in this action and has agreed to pay it reasonable attorneys’ fee for its services together with all costs and expenses of collection. 7 Defendants have failed to pay maintenance assessments due pursuant to the Declaration. 8 Plaintiff made demand upon Defendant to pay the past due assessments. A true and correct copy of the demand is attached hereto and incorporated herein as Exhibit "A." 9. By virtue of Defendant's failure to make payment due to Plaintiff, Plaintiff recorded a Claim of Lien against the Property and made demand for payment upon Defendant. True and correct copies of the Claim of Lien and demand letter are attached hereto and incorporated herein as Composite Exhibit "B." 10. In order to satisfy the maintenance assessments, Defendant must pay the sum of $2,265.00 less amounts held in trust $1,410.00 through December, 2015, plus maintenance assessments accruing since that time, together with interest, late charges, all advances including payment of real estate taxes, all expenses of foreclosure including title search expenses for ascertaining necessary parties to this action, and reasonable attorneys’ fees as provided for in the Declaration and under Florida law. ll. Defendant, ELIZABETH STARKWEATHER, now owns, holds, and may claim some interest in the Property that is the subject of this foreclosure action. 12. UNKNOWN TENANT #1 and UNKNOWN TENANT #2, fictitious names representing unknown tenants in possession, may claim some interest in the Property that is the subject of this foreclosure action by virtue of being in possession of the property. Any such interest is subordinate, inferior and subject to the interest of the Plaintiff. WHEREFORE, Plaintiff requests that: Q) The Court will assume jurisdiction of the subject matter of this action and of the named parties. Q) The Court will ascertain the amount of money due Plaintiff for past due maintenance assessments and special assessments, if any, and all maintenance assessments and special assessments, if any, which come due during the pendency of this action and which may become due by acceleration, plus any sums advanced by Plaintiff for real estate taxes or other sums necessary for Plaintiff to protect its lien against the property and interest, late charges, abstracting, expenses of foreclosure, including attorneys’ fees, that Plaintiff is entitled to recover in this action. (3) The Court decrees that Plaintiff has a lien on the Property for the sum of money found to be due to Plaintiff. (4) If the sums due Plaintiff under the Declaration are not paid immediately, the Court shall foreclose the Lien in accordance with the rules and established practice of the Court, and the Clerk of the Court shall sell the Property to satisfy the lien of Plaintiff in accordance with the provisions of Florida Statutes. (5) The Court decrees that the lien of Plaintiff is superior and paramount to all liens, rights, title and interest of any Defendant, or any party claiming by, through, under or against any Defendant, and that such liens, rights, title or interest of any Defendant named herein or hereafter made a Defendant or any party claiming by, through, under or against any Defendant be forever barred and foreclosed. (6) The Court retain jurisdiction of this action in order to make any and all further orders and judgments as may be necessary and proper, including a deficiency judgment and the issuance of a writ of possession. M The Court grant such other and further relief as Plaintiff may be entitled to receive. JENNINGS & VALANCY, P.A Attorneys for Plaintiff 11 S.E, 13% Street Fort Laud le, FL 33316 Telephoy 454) 463 600 E-Mail @myflalaw.com By: Xx Stevey S. Valancy, Esq. Florida\Bar No. 715130 WESTLAKE HOMEOWNERS ASSOC INC FINANCIAL TRANSACTIONS - 12/14/15 9662 NW 76th Street Unit ID 9662 Elizabeth Starkweather STATUS: 04 - Lien START DATE: 06/01/14 PREPAID BAL: 0.00 ‘PAYMENTS/TRXN DESCR: -~-CHARGES/PAYMENT DISTR- PAYMT AMT CHECK # DEP DT CODE N/A DESCRIPTION een--e =. wee =: ane----. 060114 APPLY CHARGES Al Maintenance 105.00 105.00 061714 105.00 107 061714 Al Maintenance Fee (105.00) 0.00 - 070114 APPLY CHARGES Al Maintenance Fee 105.00 105.00 071814 APPLY LATE FEE o1 Late Fees 25.00 130.00 071814 Action taken: 01 - First Letter waeeee 080114 APPLY CHARGES Al Maintenance Fee 105.00 235.00 081514 Action taken: 02 - Cert. Letter 062014 APPLY LATE FEE o1 Late Fees 25.00 260.00 082714 FILE GIVEN TO EILEEN TO START COLLECTION 082714 PROCEDURES TQ --: ~ 090114 APPLY CHARGES AL Maintenance 105.00 365.00 090314 placed on hold per T....bfs 091914 APPLY LATE FEE ol Late Fees 25.00 390.00 100114 APPLY CHARGES Al Maintenance 105.00 495.00 102014 APPLY LATE FEE o1 Late Fees 25.00 520.00 eeeene 110114 APPLY CHARGES Maintenance Feo 105.00 625.00 111914 APPLY LATE FEE o1 Late Fees 25.00 650.00 120114 APPLY CHARGES Maintenance Feo 105.00 755.00 122414 APPLY LATE FEE 01 Late Fees 25.00 780.00 - - 010115 APPLY CHARGES Maintenance Fee 105.00 885.00 020115 APPLY CHARGES Maintenance 105.00 990.00 022015 APPLY LATE FEE 01 Late Fees 25.00 1015.00 030115 ‘APPLY CHARGES Maintenance Fee 105.00 1120.00 032315 APPLY LATE FEE 01 Late Fees 25.00 1145.00 - 040115 APPLY CHARGES AL Maintenance 105.00 1250.00 042015, APPLY LATE FEE o1 Late Fees 25.00 1275.00 050115 APPLY CHARGES Maintenance Fee 105.00 1380.00 052115 APPLY LATE FEE 01 Late Fees 25.00 1405.00 060115 APPLY CHARGES Maintenance 105.00 1510.00 - 070115 APPLY CHARGES Maintenance Fee 105.00 1615.00 072015 APPLY LATE FEE o1 Late Foes 25.00 1640.00 WESTLAKE HOMEOWNERS ASSOC INC FINANCIAL TRANSACTIONS - 12/14/15 9662 NW 76th Street Unit ID: 9662 Elizabeth Starkweather STATUS: 04 - Lien START DATE: 06/01/14 PREPAID BAL: 0.00 oHne=1 ‘PAYMENTS/TRXN DESCR--- seen '-~CHARGES/ PAYMENT DISTR-: ----- PAYMT AMT CHECK # DEP DT CODE N/A DESCRIPTION AMOUNT DUE weenee =. eo wewenn se eee fone 2-2-2 2-2 -n-- ne +e. -- ---------. --- aanee 080115, APPLY CHARGES Al Maintenance Fee 105.00 1745.00 082515 APPLY LATE FEE o1 Late Fees 25.00 1770.00 eeeene 090115 ‘APPLY CHARGES AL Maintenance Fee 105.00 1875.00 092315 APPLY LATE FEE o1 Late Fees 25.00 1900.00 weeeee 100115 APPLY CHARGES AL Maintenance Fee 105.00 2005.00 102115 APPLY LATE FEE o1 Late Fees 25.00 2030.00 wenene 110115 APPLY CHARGES AL Maintenance Fee 105.00 2135.00 112415 APPLY LATE FEE o1 Late Fees 25.00 2160.00 = == 120115 APPLY CHARGES Al Maintenance Fee 105.00 2265.00 ~- End of report -- STEVEN S. VALANCY P.A. Law Offices JENNINGS & VALANCY, P.A. 311 SE 13 STREET FORT LAUDERDALE, FLORIDA 33316 TEL. (954) 463-1600 * FACS. (954) 463-1222 September 18, 2014 Via Certified & Regular Mail Elizabeth Anne Starkweather 9662 NW 76 Street Tamarac, FL 33321 Re: Westlake Homeowners Association, Inc. Property Address: 9662 NW 76 Street, Tamarac, FL 33321 Matter No.: 550-1013 Dear Owner: We represent Westlake Homeowners Association, Inc. (“The Association”). The Association has advised us that your account has a balance due for maintenance assessments and late fees as follows: 365.00 Through September 2014 per attached ledger 207.50 Attorney’s Fees and Costs 572.50 Total due if payment received on or before September 30, 2014 105.00 Maintenance due October 1, 2014 677.50 Total due if payment received on or before October 31, 2014 105.00 Maintenance due November 1, 2014 782.50 Total due if payment received on or before November 2, 2014 Enclosed is a copy of the Association’s ledger which reflects the amount due and owing to the Association. In addition, you are responsible for payment of attorney's fees and costs in the amount of $207.50. The total amount due is $572.50 if payment is received prior to October 1, 2014. After October 1, 2014 additional maintenance will come due as set forth above. You must remit payment in full within forty-five (45) days from the date of your receipt of this letter. Payment must be in the form of a cashier’s check or money order payable to Steven S. Valancy, P.A. trust account and received by this office. In the event that payment is not received in a timely manner, the Association has instructed us to take further action to effectuate collection. This may include filing a lien against your property for the past due maintenance assessments. Should this become necessary, you may be held accountable for all additional attorneys’ fees and costs incurred by the Association. If you dispute the amount or validity of this debt, you have the right to request additional information or documentation evidencing the debt pursuant to the Fair Debt Collections Practices Act as more fully set forth in the attached enclosure. Very truly yours, JENNIN &V, ICY, P.A. Stey S. Valancy SSV/rle Enclosures: Fair Debts Collection Practices Act Account Ledger PLEASE NOTE: IF ANY INDIVIDUAL RESPONSIBLE FOR PAYMENT OF THIS DEBT HAS RECEIVED A DISCHARGE IN BANKRUPTCY, THIS DEMAND AND ANY SUBSEQUENT PROCEEDINGS SHALL BE IN REM AS TO SUCH INDIVIDUAL FOR THE PORTION OF THE DISCHARGED DEBT AND NO ATTEMPT SHALL BE MADE TO IMPOSE PERSONAL LIABILITY OR TO SEEK A PERSONAL MONEY JUDGMENT AGAINST SUCH INDIVIDUAL. NOTICE REQUIRED BY FAIR DEBTS COLLECTION PRACTICES ACT 15 U.S.C. § 1601 et seq., as amended We are attempting to collect a debt. Any information obtained will be used for that purpose. 1 The amount of the debt is stated in the letter and/or lien to which this notice is attached. 2 The Creditor as named in the letter and/or lien to which this notice is attached is the Creditor to whom the debt is owed; the law firm sending this notice is the Creditor’s law firm. The debt described in the letter and/or lien to which this notice is attached will be assumed to be valid by the Creditor’s law firm, unless the debtor, within thirty (30) days after the receipt of this notice, disputes the validity of the debt or some portion thereof. If the debtor notifies the Creditor’s law firm in writing within thirty (30) days of the receipt of this notice that the debt or any portion of it is disputed, the Creditor’s law firm will obtain a verification of the debt and a copy of the verification will be mailed to the debtor by the Creditor’s law firm. The name of the Creditor is set forth in the letter and/or lien to which this notice is attached. 6. Any written correspondence required by this Act should be addressed to Jennings & Valancy, P.A., Attn.: Steven S. Valancy, Esq., 311 SE 13" Street, Ft. Lauderdale, FL 33316; (954) 463-1600. WESTLAKE HOMEOWNERS ASSOC INC FINANCIAL TRANSACTIONS - 09/16/14 9662 NW 76th Street Unit ID: 9662 Blizabeth Starkweather STATUS: 02 - Cert. Letter START DA’ 06/17/14 PREPAID BAL: 0.00 ween! ‘PAYMENTS/TRXN DESCR-- mene nn nnn CHARGES /PAYMENT DISTR----~---- DATE PAYMT AMT CHECK # DEP DT CODE N/A DESCRIPTION AMOUNT DUE weeene aeeee ee eee HH. wen wa nene weeee weno -----. ene: ennnnne een--e------ 062714 105.00 107 061714 AL Maintenance Fee (105.00) 0.00 nee 070114 APPLY CHARGES Al Maintenance Fee 105.00 105.00 071814 APPLY LATE FEE o1 Late Fees 25.00 130.00 071814 Action taken: 01 - First Letter a = 080114 APPLY CHARGES Al Maintenance Fee 105.00 235.00 081514 Action taken: 02 - Cert. Letter 082014 APPLY LATE FEE o1 Late Fees 25.00 260.00 082714 FILE GIVEN TO EILEEN TO START COLLECTION 082714 URES TQ annn-- 090114 APPLY CHARGES Al Maintenance Feo 105.00 365.00 090314 placed on hold per 7....bfs -- End of report -- Law Offices JENNINGS & VALANCY, P.A. 311 SE 13" STREET Fr, LAUDERDALE, FL 33316 TEL. (954) 463-1600 * FACS. (954) 463-1222 December 15, 2014 Via Certified and U.S. Mail Elizabeth Anne Starkweather 9662 NW 76 Street Tamarac, FL 33321 RE: Westlake Homeowners Association, Inc. Property Address: 9662 NW 76 Street, Tamarac, FL Our Matter No.: 550-1013 Dear Owner: We represent the Westlake Homeowners Association, Inc. We enclose a copy of a Claim of Lien, which has been filed against the above-referenced unit by virtue of your failure to pay assessments. If this lien is not satisfied within forty-five (45) days from the date of this letter, a foreclosure action will be filed without further notice or demand. In the event that we are required to institute foreclosure proceedings, you will be held accountable for all attorneys’ fees and costs incurred by our client. The following is currently due and owing: $ 755.00 Through December 2014 per attached ledger $ 13.44 Interest at 18% per annum from July 1, 2014 $ 775.00 Attorney’s Fees $ 52.95 Attorneys Costs $ < 600.00 > Less sums in trust S$ 996.39 Total due if payment received on or before December 31, 2014 $ 105.00 Assessment due January 1, 2015 $ 1,101.39 Total due if payment received January 1, 2015 through January 29, 2015 To satisfy and remove the lien, you are responsible for the amount stated above. Additional fees and costs may be incurred after January 29, 2015. Payment must be in the form of a cashiers’ check or money order made payable to Steven S. Valancy, P.A. Trust Account and must be delivered to our office at the address above. Vel Truly Yours, Jergings & Valancy, P.A. Steer . Valancy SSV/sc EXHIBIT 6 Enclosures: t Collection Practices Act Compo Site Prepared by and return to Jennings & Valancy, P.A. 311 S.E. 13" Street Ft. Lauderdale, FL 33316 (954) 463-1600 CLAIM OF LIEN KNOWN ALL MEN BY THESE PRESENTS, THAT Westlake Homeowners Association, Inc., a Homeowners Association (hereinafter referred to as “ASSOCIATION”) of Broward County, Florida, whose address is c/o: J&L Property Management 10191 W Sample Road, Ste 203, Coral Springs, FL 33065, claims this lien against the following property: Lot 22, Block 6 of the Plat of Springlake II according to the Plat thereof recorded in Plat Book 109, Page 11 of the Public Records of Broward County, Florida a/k/a 9662 NW 76 Street, Tamarac, FL Parcel ID No: 4941 05 16 1840 The following sums are due for assessments Assessments due from July 2014 through December 2014 6 @ $105.00 per month $630.00 Plus interest at the rate of 18 percent per annum and late fees, if any, from the dates due, less all payments received since the date of the initial delinquency for a total of $755.00. Additionally, this Claim of Lien secures interest, late fees, costs and reasonable attorney fees incurred by the Association pursuant to, and as provided in, the recorded governing documents for the Association. Further this lien secures all assessments coming due, less any payments received since the date of the initial delinquency. For estoppel information or a payoff figure, please contact Jennings and Valancy, P.A. The owner(s) and address of said parcel: Elizabeth Anne Starkweather “ vp CY Signed, sealed and Westlake Homeowners Association, Inc. In sence of: f i C By: y Lhlhiles bodes Steven. Valancy, Attorney and Authorized Agent for Association Kw STATE OF FLORIDA ) COUNTY OF BROWARD ) The forgoing instrument was acknowledged before me this 1D day of December, 2014, by Steven S. Valancy, who is personally known to me and who did take an oath My Commission Expires NOTARY PUBLIC/State of Florida at Largest a Elz ee Sy f 9, en Us| aS PLEASE NOTE: IF ANY INDIVIDUAL RESPONSIBLE FOR PAYMENT OF THIS DEBT HAS RECEIVED A DISCHARGE IN BANKRUPTCY, THIS DEMAND AND ANY SUBSEQUENT PROCEEDINGS SHALL BE IN REM AS TO SUCH INDIVIDUAL FOR THE PORTION OF THE DISCHARGED DEBT AND NO ATTEMPT SHALL BE MADE TO IMPOSE PERSONAL LIABILITY OR TO SEEK A PERSONAL MONEY JUDGMENT AGAINST SUCH INDIVIDUAL. NOTICE REQUIRED BY FAIR DEBTS COLLECTION PRACTICES ACT 15 U.S.C. § 1601 et seq., as amended We are attempting to collect a debt. Any information obtained will be used for that purpose. The amount of the debt is stated in the letter and/or lien to which this notice is attached. The Creditor as named in the letter and/or lien to which this notice is attached is the Creditor to whom the debt is owed; the law firm sending this notice is the Creditor’s law firm. The debt described in the letter and/or lien to which this notice is attached will be assumed to be valid by the Creditor’s law firm, unless the debtor, within thirty (30) days after the receipt of this notice, disputes the validity of the debt or some portion thereof. If the debtor notifies the Creditor’s law firm in writing within thirty (30) days from receipt of this notice that the debt or any portion of it is disputed, the Creditor’s law firm will obtain a verification of the debt and a copy of the verification will be mailed to the debtor by the Creditor’s law firm. The name of the Creditor is set forth in the letter and/or lien to which this notice is attached. Any written correspondence required by this Act should be addressed to Jennings & Valancy, P.A., Attn.: Steven S, Valancy, Esq., 311 SE 13" Street, Ft. Lauderdale, FL 33316; (954) 463-1600. ee a AR1626.TXT WESTLAKE HOMEOWNERS ASSOC _ INC FINANCIAL TRANSACTIONS - 12/11/14 9662 NW 76th Street Unit ID: 9662 Elizabeth Starkweather STATUS: 03 - Atty Action START DATE: 06/01/14 PREPAID BAL: TXN ----- PAYMENTS/TRXN DESCR- -- -CHARGES/PAYMENT DISTR- BALANCE DATE PAYMT AMT CHECK # DEP DT CODE N/A DESCRIPTION AMOUNT DUE -- aan------- s---n- eee 22 ---- fone Hn ee = 22 eeeeee =o +e ---- -- aa-- 060114 APPLY CHARGES Al Maintenance Fee 105. 00 105.01 061714 105.00 107 061714 Al Maintenance Fee (105. 00) 0.00 aannee 070114 APPLY CHARGES Al Maintenance Fee 105 00 105.00 071814 APPLY LATE FEE 01 Late Fees 25 00 130.01 071814 Action taken: 01 - First Letter we---- 080114 APPLY CHARGES Al Maintenance Fee 105 00 235.00 081514 Action taken: 02 - Cert. Letter 082014 APPLY LATE FEE 0 Late Fees 25 00 260.00 090114 APPLY CHARGES Al Maintenance Fee 105 00 365.00 091914 APPLY LATE FEE o1 Late Fees 25 00 390.00 non--- 100114 APPLY CHARGES, Al Maintenance Fee 105 00 495.00 102014 APPLY LATE FEE o1 Late Fees 25 00 520.00 ------ 110114 APPLY CHARGES Al Maintenance Fee 105 00 625.00 111914 APPLY LATE FEE o1 Late Fees 25 00 650.00 an---- 120114 APPLY CHARGES. Al Maintenance Fee 105 00 755.00 BALANCE SUMMARY a----------- ee = +--+ CHARGE CODE DESCRIPTION AMOUNT ----------- a on--=n Hn nen ee ------------ Al Maintenance Fee 630.00 o1 Late Fees 125.00 eann-eeH---- TOTAL: 755.00 Page 1 INSTR # 112698983, OR BK 51319 PG 1329, Page 1 of 1, Recorded 12/16/2014 at 11:31 AM, Broward County Commission, Deputy Clerk ERECORD Prepared by and return to: Jennings & Valancy, P.A. 311 S.E. 13" Street Ft. Lauderdale, FL 33316 (954) 463-1600 CLAIM OF LIEN KNOWN ALL MEN BY THESE PRESENTS, THAT: Westlake Homeowners Association, Inc., a Homeowners Association (hereinafter referred to as “ASSOCIATION” of Broward County, Florida. whose address is c/o: J&L Property Management 10191 W Sample Road, Ste 203, Coral Springs, FI, 33065, claims this lien against the following property Lot 22, Block 6 of the Plat of Springlake II according to the Plat thereof recorded in Plat Book 109, Page 11 of the Public Records of Broward County, Florida a/k/a 9662 NW 76 Street, Tamarac, FL Parcel ID No: 4941 05 16 1840 The following sums are due for assessments: Assessments due from July 2014 through December 2014 6 @ $105.00 per month $630.00 Plus interest at the rate of 18 percent per annum and late fees, if any, from the dates due, less all payments received since the date of the initial delinquency for a total of $755.00. Additionally, this Claim of Lien secures interest, late fees, costs and reasonable attorney fees incurred by the Association pursuant to, and as provided in, the recorded governing documents for the Association. Further this lien secures all assessments coming due, less any payments received since the date of the initial delinquency: For estoppel information or a payoff figure, please contact Jennings and Valancy, P.A. The owner(s) and address of said parcel: Elizabeth Anne Starkweather a Signed, sealed and deli d Westlake peers Association, Inc. In Py of: . By: Witness Steven, alancy, Attorney and Authorized Age for sociation STATE OF FLORIDA ) COUNTY OF BROWARD ) The forgoing instrument was acknowledged before me this Bh day of December, 2014, by Steven S. Valancy. who is personally known to me and who did take an oath. My Commission Expires “2 ve JOTARY PUBLIC/State of Florida at ‘ee antl, Cy Kt os é -- Bz FEE OMI) “G5 Seozes ss “oh STAN arya