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Case Number: COWE-21-001470 Division: 82
Filing # 121483473 E-Filed 02/16/2021 03:39:14 PM
IN THE COUNTY COURT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO:
MARINA POINTE RECREATION
ASSOCIATION, INC., a Florida Not-for-
profit corporation,
Plaintiff,
VS.
PROGRESS RESIDENTIAL BORROWER
7 LLC, JOHN DOE and JANE DOE,
fictitious names, representing unknown
tenants in possession,
Defendant (s).
LIEN FORECLOSURE COMPLAINT
Plaintiff, MARINA POINTE RECREATION ASSOCIATION, INC. ("Plaintiff"), sues
Defendants PROGRESS RESIDENTIAL BORROWER 7 LLC, JOHN DOE and JANE DOE
("Defendant"), and alleges:
BACKGROUND ALLEGATIONS
1 This is an action for damages within the jurisdictional limits of this Court and to
foreclose a lien on real property located in Broward County, Florida.
2. Plaintiff is a Florida Corporation operating a homeowner association located in
Broward County, Florida.
3 Defendant is the record title owner of the following property:
LOT C154, SILVER LAKES PHASE III REPLAT, ACCORDING TO THE
MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 159, PAGE(S)
38 , OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA
A/K/A 17484 SW 29 LANE, MIRAMAR, FL 33029.
#** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/16/2021 03:39:12 PM.**#*
4 By virtue of his ownership of the Property, Defendant is bound by the terms of a
Declaration of Restriction and Protective Covenants recorded in the public records of Broward
County, Florida ("Declaration").
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 Stevens & Goldwyn, 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.
COUNT I - BREACH OF CONTRACT
Plaintiff sues Defendant and says:
7
Plaintiff re-alleges and incorporates paragraphs 1 through 6 herein.
8 Defendant has defaulted under the terms of the Declaration by failing to pay
maintenance assessments due there under.
9. Defendant has refused and failed to make payment under the Declaration despite
demand.
10. Defendant owes Plaintiff the sum of $495.00 for maintenance assessments and
special assessments due through February 2021, plus interest, late charges and all costs and
expenses of collection, including attorneys’ fees. Plaintiff is entitled to collect all its costs and
expenses of collection, including attorneys' fees pursuant to the Declaration and under Florida
Statutes, Section 720.
WHEREFORE, Plaintiff demands judgment against Defendant for damages plus all costs
and expenses of collection including attorneys’ fees.
COUNT Il - FORECLOSURE OF LIEN
Plaintiff sues Defendant and says:
11. Plaintiff re-alleges and incorporates paragraphs 1 through 10 herein.
12. As more fully alleged above, Defendant has failed to pay assessments due pursuant
to the Declaration.
13. By virtue of Defendant's failure to make payments due to Plaintiff, Plaintiff
recorded a Claim of Lien against the Property. A true and correct copy of the Claim of Lien is
attached and incorporated hereto as Exhibit "A".
14. On August 19, 2020, Plaintiff made demand upon Defendant to pay the past due
assessments within (45) forty-five days. A true and correct copy of the demand is attached hereto
and incorporated herein as Exhibit "B".
15. In order to satisfy the maintenance assessments, Defendant must pay the sum of
$495.00 for maintenance assessments and special assessments through February 2021, together
with interest, late charges, 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, plus all future assessments which may accrue during this
foreclosure.
16. Defendant now owns, holds, and may claim some interest in the Property that is the
subject of this foreclosure action.
17. JOHN DOE, and JANE DOE, fictitious names representing unknown tenants in
possession may claim some interest in the Property that is the subject of this foreclosure action.
WHEREFORE, Plaintiff requests that:
qd) 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 assessments and
interest, late charges, abstracting, expenses of foreclosure, including attorneys’ fees, that Plaintiff
is entitled to recover in this action.
@) The Court decrees that Plaintiff has a lien on the Property for the sum of money
found to be due 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 decree 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 retains jurisdiction of this action in order to make any and all further
orders and judgment, as may be necessary and proper, including the issuance of a writ of
possession.
”™ The Court grants such other and further relief as Plaintiff may be entitled to receive.
Dated: February 16, 2021
STEVENS & GOLDWYN, P.A.
Attomeys for Plaintiff
2 South University Drive, Suite 329
Plantation, Florida 33324
(954) 458-9393 Telephone
(954) 458-9892 Telecopy
Email: service@stevensandgoldwyn.com
By: /s/
Cassandra Racine-Rigaud, Esq.
Florida Bar No. 0450065
2020-06955
STEVEN OLDWYN, PA
ATTORNEYS AT LAW
December 7 2020.
VIA CERTIFIED & REGULAR MAIL VIA CERTIFIED & RE! AR MAIL.
Progress Residential Borrower 7, LLC Progress Residential Borrower 7, LLC
17484 SW 29 Lane P.O. Box 4090
Miramar, FL 33029 Scottsdale, AZ 85261
DELINQUENT ASSESSMENT
RE: 17484 SW 29 LANE, MIRAMAR, FL 33029 of MARINA POINTE RECREATION
ASSOCIATION, INC.
Dear Owner:
This firm represents MARINA POINTE RECREATION ASSOCIATION, INC. This letter is to inform
you a Claim of Lien has been filed against your property because you have not paid the (regular and/or special)
assessment to MARINA POINTE RECREATION ASSOCIATION, INC. A copy of the Claim of Lien is enclosed.
The Association intends to foreclose the lien and collect the unpaid amount within 45 days of this letter being
provided to you,
As of the date of this letter, the total amount due with interest is $1,533.00. All costs of any action and
interest from this date forward will also be charged to your account.
While your account is with the firm, all payments must be made payable to the firm and any payment made
to the Association may not be accepted and may be returned at our discretion. In addition, personal checks may
not be accepted. Payment must be in the form of a cashiers’ check or money order made payable to Stevens &
Goldwyn, P.A. Trust Account, and delivered to our office.
Any questions concerning this matter should be directed to the Collections Department at Stevens &
Goldwyn, P.A., 2 South University Drive, Suite 329, Plantation, Florida 33324, (954) 458-9393.
Very truly yours,
Alex. Alonso, Esq.
2020-06955
Enclosures: Fair Debt Collection Practices Act
Claim of Lien
2 South University Drive, Suite 329
Plantation, Florida 33324
Office: 954-458-9393 Fax: 954-458-9892
NOTICE REQUIRED BY FAIR DEBT COLLECTION PRACTICES ACT
15 U.S.C. § 1601 et s |) as amended
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 within thirty (30) days of the receipt of this notice in writing
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.
5 Upon your written request within a thirty (30) day period, Creditor law firm will provide you with the name
and address of the original creditor if different from the current Creditor. The name of the original Creditor
is set forth in the letter, lien, notice and/or pleading to which this notice is attached.
Any correspondence required by this Act should be addressed to Mr. John W. Stevens, Esq., c/o Stevens
& Goldwyn, P.A., 2 South University Drive, Suite 329, Plantation, Florida, 33324; (954) 458-9393.
PLEASE BE ADVISED:
IF YOU ARE CURRENTLY SUBJECT TO THE PROTECTIONS OF ANY AUTOMATIC STAY IN
BANKRUPTCY, OR HAVE OBTAINED A DISCHARGE IN A BANKRUPTCY PROCEEDING,
NOTHING STATED HEREIN SHOULD BE CONSTRUED AS AN ATTEMPT BY THIS FIRM TO
IMPOSE PERSONAL LIABILITY FROM THE DEBT.
Prepared by and return to:
John W. Stevens, MM, Esq.
c/o Stevens & Goldwyn, P.A.
2 South University Drive, Suite 329
Plantation, FL 33324
AIM OF LUE!
KNOWN ALL MEN BY THESE PRESENTS, THAT:
MARINA POINTE RECREATION ASSOCIATION, INC., a homeowner association of Broward County, Florida, whose
address is c/o Stevens & Goldwyn, P.A. 2 South University Drive, Suite 329, Plantation, FL 33324, claims this lien against
the following property:
LOT C154, SILVER LAKES PHASE II REPLAT, ACCORDING TO THE MAP OR PLAT THEREOF, AS
RECORDED IN PLAT BOOK 159, PAGE(S) 38, OF THE PUBLIC RECORDS OF BROWARD COUNTY,
FLORIDA. A/K/A 17484 SW 29 LANE, MIRAMAR, FL 33029.
The current owners of record are: PROGRESS RESIDENTIAL BORROWER 7, LLC
The amount due is $1,533.00 as follows:
Maintenance (Through December, 2020): $431.00
Attorneys' Costs: $40.00
Attorneys' Fees: $550.00
Pre-Lien Demand Letter $318.50
Title Examination Fee (This is not a cost): $150.00
Mail Charges (Certified and First Class): $18.50
Scan Storage Fee: $25.00
In addition, this Claim of Lien also secures all assessments coming due, less any payments received from the date of the initial
delinquency and after the filing of this Claim of Lien, interest, collection costs and reasonable attorney fees incurred by the
Association, pursuant to chapter 720 of the Florida Statutes,
Signed, sealed and deliver in presence of: MARINA POINTE RECREATION ASSOCIATION,
INC.
Witn = watell Delice BY:
Alex Alonso,
RECREATION ASSOCIATION, INC.
STATE OF FLORIDA 3
COUNTY OF BROWARD 3
i
Sworn to (or affirmed) and subscribed before me by means of _{Physical Presence, -OR-_ Online Notarization, this
day of 410820 by who is ‘ersonally Known — OR- Produced Identification
to me and who did take an oath. Onso
MATTHEW GORDON Sighatur; ‘Notary Public — State of Florida
Notary Public - State of Florida
iie Commission # GG 354400
ay Comm, Expires Jul 14, 2023 t (LL. or
Bonded through National Notary Assn Name of Notary, Typed, Printed or Stamped
Type of Identification Produced__ A / A
Place Notary Seal Stamp Above
2020-06955
STEVENS &GOLDWYN, PA
ATTORNEYS AT LAW
August 19, 2020
VIA CERTIFIED & REGULAR MAIL VIA CERTIFIED & REGULAR MAIL
Progressive Resident Borrower 7, LLC Progressive Resident Borrower 7, LLC
17484 SW 29 LANE P.O. BOX 4090
MIRAMAR, FL 33029 SCOTTSDALE, AZ 85261
NOTICE OF INTENT TO RECORD A CLAIM OF LIEN
RE 17484 SW 29 LANE, MIRAMAR, FL 33029 of MARINA POINTE RECREATION
ASSOCIATION, INC.
Dear Owner:
This firm represents MARINA POINTE RECREATION ASSOCIATION, INC. The Association
has advised the firm that the following amounts are currently due on your account to MARINA POINTE
RECREATION ASSOCIATION, INC. and must be paid within 45 days after your receipt of this letter.
This letter shall serve as the Association’s notice of intent to record a Claim of Lien against your property
no sooner than 45 days after your receipt of this letter, unless you pay in full the amounts set forth below:
Maintenance due JULY 2020 $367.00
Mail Charges (Certified and First Class Mail) $18.50
Scan Storage Fee $25.00
Attorney’s Fees $300.00
Total Outstanding $710.50
You are responsible for the amount due as reflected above plus any and all additional sums that
may subsequently accrue. While your account is with the firm, all payments must be made payable to the
firm and any payment made to the Association may not be accepted and may be returned at our discretion.
In addition, personal checks may not be accepted. Payment must be in the form of a cashiers’ check or
money order made payable to Stevens & Goldwyn, P.A. T! st Account, and delivered to our office.
Ve ly yours.
John W. Stevens III, Esq.,
2 South University Drive, Suite 329
Plantation, Florida 33324
Office: 954-458-9393 Fax: 954-458-9892
NOTICE REQUIRED BY FAIR DEBT COLLECTION PRACTICES ACT
15 U.S.C. § 1601 et seq., as amended
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 within thirty (30) days of the receipt of this notice in
writing 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.
Upon your written request within a thirty (30) day period, Creditor law firm will provide you with
the name and address of the original creditor if different from the current Creditor. The name of
the original Creditor is set forth in the letter, lien, notice and/or pleading to which this notice is
attached.
Any correspondence required by this Act should be addressed to Mr. John W. Stevens, Esq., c/o
Stevens & Goldwyn, P.A., 2 South University Drive, Suite 329, Plantation, Florida, 33324;
(954) 458-9393.
PLEASE BE ADVISED:
IF YOU ARE CURRENTLY SUBJECT TO THE PROTECTIONS OF ANY AUTOMATIC STAY
IN BANKRUPTCY, OR HAVE OBTAINED A DISCHARGE IN A BANKRUPTCY
PROCEEDING, NOTHING STATED HEREIN SHOULD BE CONSTRUED AS AN ATTEMPT
BY THIS FIRM TO IMPOSE PERSONAL LIABILITY FROM THE DEBT.