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COMMONWEALTH OF MASSACHUSETTS
COUNTY OF WORCESTER
SUPERIOR COURT DEPARTMENT
BANK OF AMERICA, N.A.,
Plaintiff,
Civil Action File No:
ARIAN MILLONA and ALMA
MILLONA,
Defendant(s).
COMPLAINT
COMES NOW Plaintiff Bank of America, N. A., by and through counsel, and shows the
following:
PARTIES AND JURISDICTION
1
Defendant Arian Millona is subject to the jurisdiction of this Court and may receive service
of process at 4 Arlene Dr., Paxton, Massachusetts 01612. Defendant Alma Millona is subject to
the jurisdiction of this Court and may receive service of process at 4 Arlene Dr., Paxton,
Massachusetts 01612.
2
Venue is proper as all Defendant(s) (hereinafter “Defendant(s)”) reside within the judicial
district of this Court.
FACTS
This communication is from a debt collector. This is an attempt to collect a debt. Any
information obtained will be used for that purpose.
3
Defendant(s) entered into a contract (“Contract”) with Bank of America and/or Bank of
America’s predecessor in interest in order to obtain a loan for the benefit of Defendant(s) (Exhibit
“A”),
4.
Additionally, as part of the same transaction, Defendant(s) executed a mortgage in favor
of Bank of America and/or Bank of America’s predecessor in interest, which was duly recorded
(Exhibit “B”),
5
The Contract, and any modifications thereto (if any), required that Defendant(s) repay the
subject extension of credit.
6
Specifically, the Contract required that Defendant(s) make monthly minimum repayments
of the loaned funds.
7
Defendant(s)’ Contract was breached, accelerated, and charged-off on 10/14/2015 as a
result of Defendant(s)’ failure to abide by the Contract’s monthly minimum payment requirements.
8
A copy of the Transactional History for the subject account is attached hereto as Exhibit
“C,” and demonstrates that amount that Defendant(s) presently owe $28,709.86 to Bank of
America as a result of Defendants(s)’ breach of the Contract.
2
This communication is from a debt collector. This is an attempt to collect a debt. Any
information obtained will be used for that purpose.
COUNT I:
BREACH OF CONTRACT AGAINST DEFENDANT(S)
9.
Bank of America incorporates by reference Paragraphs | through 8 as if fully set forth
herein.
10.
Bank of America and/or its predecessor in interest and Defendant(s) entered into the
Contract.
11.
Defendant(s) breached the terms and conditions of the Contract, and any modifications
thereto (if any), by failing to make the required payments or otherwise satisfy the terms of the
Contract.
12.
Plaintiff Bank of America further shows that it has performed all conditions precedent
necessary to commence this action, or that all conditions precedent have otherwise occurred.
13.
As a result of Defendant(s)’ breach of the Contract, Bank of America suffered damages of
$28,709.86.
WHEREFORE, Plaintiff Bank of America, N. A. demands:
A. Judgment against Defendant(s); and
(Continued on Following Page)
3
This communication is from a debt collector. This is an attempt to collect a debt. Any
information obtained will be used for that purpose.
Any and all other relief that this Court deems appropriate.
Respectfully submitted,
DREW ECKL & FARNHAM, LLP
Michael J. Pisaturo
Michael J. Pisaturo
Mass. State Bar No. 630880
Counsel for Plaintiff
Drew Eckl & Farnham, LLP
235 Peachtree St. NE, Suite 1900
Atlanta, Georgia 30303
Tel: (404) 885-1400
Fax: (404) 876-0922
pwbpleadings@deflaw.com
4
This communication is from a debt collector. This is an attempt to collect a debt. Any
information obtained will be used for that purpose.
EXHIBITA
(Page 1 of 4)
Home Equity Line of Credit Agreement
(ior use on! in CY, PL, MA, Mii, NH. NEN PA and RD
_-L. What the Words. Mean, .
(2)"You." “your yours and.the “Bank” isan Next 5 Mf upall the daily balances for the biling period and divide. the
Fleet National Rank, a Hank of America Company, ite surcessors and assigns; ¢h) total by the number of duys in the billing geriod. This gives you the average daily
“17 tee, “my,” *us* and “Borrower mean each individast who signs this baluace for my Accounl. lf any dally balauce is a credit balance, yom consider that
Ageeemem, and each suck individual's heirs. executors and administrators, 4c} day's bolunce to equal zee.)
“Account” means the Account subject to this Agreement; and (<) "Agreement
‘mesas this Home Equity Line of Credit Agreement ithe "Agreement") ‘Thea, you reuluply tie average datly Dulaticetunes the daily gerindic eave times
The humber of daysin the billing period. This gives vou the finance chaige on wy
2, Credit Limit. My credit limit is $32,400.00 Accom,
‘The amount of my unpaid borrowings, interest and other atrges on my Ascount ‘The duity perio rate is exteuiated by riding the asmual peicentage cate by 365,
caceed my credit limic. If you do, t will pay you the excess amount immedistely
pon your request My initia! ANNUAL PERCENTAGE RATE is_6.490_% ( daily poriodie
rate of _ 8), Ic is based upon a Prime Ruse af & and
3. Promise to Pay. promise 1 pay you all amounis | burrow, plus finance amaminof 1.9) percemage points {1,990 $1 whic I have seleced.
Encepk ay limited by the maximum una! peroentage rate, an ancrease in the Prime
4. Line of Credit, Ducing she “Draw Perivd” may ubuin twan advances on my. Rate as deserihed shave will result in a corresponding increase in my annual
Account ix the following manter: (1) by using special checks; 2} by withdrawal or percentage rate, dally periodic ra finance charg: owed, and minimum monty
fransfer from the Account initiated through the use of a card that you have issued 19 pavinent
‘me: oF (3) by any other means thar you make available. HE Frequent card arcesy10 AE any law fs finally interpreted as Fantling the Gnance champs ce other charges
any Acooum, this uccess may be de od ubany dime if my debi ‘ard is cancelled for
any reason or all of my Bank depysit acess haked to any oxount are closed. collected or ty be collecied in connection with ay Account, them: {any such
Cord access muy alo be denied if my home equity Accoust is suspeeded or charge will be reduced by the amourt necessary fo sesluce it to the permited fini,
terminated as yuitined m Sections 14, {S, and 16 of this Agreement My Dmw and Gib any sums antecte fram ee which © ceed the permiced fimit will be applied
Tah -
continues until he last day of dhe biling period ending daring the Suh month after 7. Closing Costs, In additkon to the finance charge whic wil! be added 0 my
fhe morth in whieh T sign this Agreement, Unless tbe Property securing de Accoutt Accout! ich billing cycle, T will pay the following fees, including teal estate
ig in Connecticut, at your option the Draw Periad may be renewed for up wo wo closing and secucity filing tees:
additional five year periods, If the Property securing the Account is in Connecticut,
at your option, the Draw Period may be renewed for one additonal period of Points and Commitment . $ 0.00
lengut you establish, but for not mre than five years, You will nowify me hefore the Dechment Preparation Fee . - 0.00
‘end of any Draw Pering whether or not you will renew my Draw Period. After my Morgage Fiting Fee .§
Sina caw Period, wit pay t lance 1 owe ov: year period g.00
PRepayineil Period"). During aay Diaw Period, you da nat have to make advances Tie Exar erica 0.0
‘ea dhe Account when my right 12 borrow bus Geen suspended (see Section 14) or ‘Lender's Tule Knsutance . 1.00...
terminated (see Section 15}. Property Evaluation Bee G.4.99
a ‘ a tie ith tend, Mongage Ta 8.00
ate wrinen request of sty of 38 who sighs his Agreement, Afer such request = Documentary Stamp Tas. an 0
received, any wes for a rcinstaicmem of prior credit privileges smut be i Tnangible Tax...
“siting and signed by all of us,
Aavomey Fee (a 8) Close Ager
L a ’ ty “ dh Cs x Ss cs count -
5, Security. To secure payment of afl sums Lows you ler this Agreement, 2out Nowry Fee 9.00.
any exeasiog, renewalor madificauonof the Agreement, and te secure ali charges Onher no 9.00...
under the mortgage of ie Propecty securing the Account, 1am giving you a Othe _ $ a 0.
mortgage {"Morigage"} on my real property luceted a
4 ALRENE DR WORCESTER PAXTON, Ma 01612 Total Amount Duc petersncenseee $ 0.90
ihe "Property $. Other Charges. Any charge fisted below will be inctuvied in ey miniomam
payment due for shat billing perlod during which the charge was posted w@ my
‘The Mortgage contains aduitional infxrmation. 1 agree we comply with all the terms Account, During s Draw Petied thut not Repayment Period). if } do noe pay any
ef the Morigage and 10 reimburse you for ony acmuers vou pay te prorect she such charge fexeepr the fats charge) by the paymentdae date, sucte charge sillbe
‘Mongage. The Mortgage will not secure any advances of other ge emess af treated as 2 loan and inchaded in my daily balance beginning on the firs: day of she
my credit limit, Collateral securing other towns with you muy aso secure the billing period starting after the payment due date.
Coun. The Morigige anv Ge Aprceccat Wi Farms aT eer Seen aiwegh wy
‘Account balance may be reduced tw 20¢0 from simig wo time, f8) Antal Merabership Fee. Bach vear during a Drow Period, twill pay
an antual membership fee af $50. If 1 am a Massache ts customer and
6. Aomuat Percentage Rate and Finance Charge. My somal percentage rate cancel my Account de ing soy your, I wall receive w refund equal to (wo
tha highest Prine Rate. snost recently. publishes! ander "Money. Rates" i _thinds oC my.anmual fee.paic. fos shat ye: a
Te ve Wall Sireet Jousnal, plis 9 margin. My anmuat percentage rate may change
donee each moath on the first day of each billing period. If the Prime Rate is a Hf you waive the fee ia any year, you may sill charge & fee in subsequent years
payer published. you wilt choose # comparable independent sndex upos which t0
hase my sate. My maximum ANNUAL PERCENTAGE RATE, permitted by (0b) Late Charge. I will pay a late charge as checked below:
iy is checks tos crea FORE FAC MED aad RI aay (SRN we Tian TO aay IRE TWH i1
(DJ me. icra, pa. vet ue pay late chargeaf $15,
[ke] Fema 18% is more than 1S days te. Twill pay a fate change
& mas0F $10 16or amy3% ofpaysthe payment. whichever i les,
NY: The grewier of: (a) 15.9% oF 0} ve entage poirts (5: over
the annual percentage ra effect when ay Account was opened, bat in ni Wf any payeizat is more then 10 days Pw pays Fae oharge
so cate will t excoed 25% equa to $10oF 5% of the payment, whichever is larger,
My annual percentage rate includes interest and no other costs
FHS CRGES aTCTUE OF ERENT RAVE OTN THE GATE OF ME SIVAN UMN FRVRERT
ws: cr of the i! payment. payers
ig posted co my Accovint. You figare he finance charge on my Account as
8, You take the beginning balance of my Account each day, add any new foans,
and subrract payments, credits, adjustments, anc unpaid finance sharges. During the ie) Karly Cancellation Fee. For ME, NI PA. and RI borcowers: If Lask you 19
Draw Perigd (but not the Repayment Period) aay charge fisied in Section 8 (except lose ny Accoutt wlhin 12 montis afters is opened wall pay you $250
oartate charger thor isassessed and nor pailt by the paysentrdne date showom the - For Make Hac ad 3 EF bertewees IE bask route olesany econ
momthiy siiement on which i is itemized, will be weared as an advance and within 2 snoaths after itis opened T will pay you $250.
included in she daily batasce calculation begining on the F t ay af the billing
period that ssarts atter vhat payment duc date. This gives you the daily balance for cur ul EVERS! 1D}
‘By signing below. I site | received & coraplered copy of the Agreement. T agrce to the provisiows an ail pages af this Agreement. If Loccupy the prapany sociation or other governing body-to-terminate-p rofessional-management.and assume self-management of the ee
project.
—
-~~-Profote cti
Lender' ony If Borrower-fail [s-to-perform.
s Securit the. covenants_and agreements contained in this font
ly affects Lender’s interest in the Property, the
Mortgage, or if any action or proceeding is commenced that material 7
ppearances, disburse such sums, including a
Lender, at Lender's option, on notice to Borr rower, may make such aj
wo
reasonable -attomeys*-fees;-and-take- -such-action.as.. Lender deems
necessary to protect its interest. Ai ny amounts disbursed nt
principal indebtedness of Borrower secur yy this
by Lender pursuant to this paragraph 6 shall become addi tional time to time under the Note. Unless iw
Mongage and Borrower shall pay inter rest on such amounts al t the
rate in effect from
-Borrower~and -Lender- -agree-t o-other. terms of payment, such amounts shall_be payable o n_notice from Lender to 3
this paragraph 6 shall require Lender incu:
Borrower requesting payment thereof. Nothing contail ined in of, or preclude the exercise
er shall not be a waiver
or take any action hereunder, and any action taken by Lender hereund
of, any of the rights or remedies accorded to Lender. Ll
(yy
7 Inspection, Lender may make or cause to be made reasonable
entries on and inspection of the Property, provided ine
es that Lender-sha ll_gi
Borrower prior. to Such
notice ve inspection specifying reasonable cause therefor related to Lender’s
such inspect
interest in the Property.
or consequential, in connection with any
8. Condemnation. The process of any award or clai im for damages, direct
for conveyance in lieu of condemnation, is hereby
condemnation or other taking of the Property, or part 1 hereof, or
any mortgage, deed of trust or other security agreement
assigned and shall be paid to Lender, subject to the terms of
with a lien that has priority over this Mortgage.
A Waiver. Extension of the time for payment or
9. Borrower Not Released; Forbearance By Lender Not
by y this Mortgage granted by Lender to any
modification of any of the other terms of payment of the sums secured
release, in any manne s, the liability of the original Borrower or
successor in interest of Borrower shall not operate to
to commence proceedings against such successor or
Borrower's successors in interest. Lender shall not be required
of payment of the sums secured by the Mortgage by
refuse to extend time for payment or otherwise modi ify the terms
successors in interest. Any forbearance by Lender in
reason of any demand made by the original Borrower or Borrowe! 1’
applicable law, shall not be a waiver of or preclude
exercising any right or remedy hereunder, or otherwise afforded by
the exercise of any such right or remedy.
Successors and Assigns Bound; Joint and Several Liability;
Co-Signers. The covenants aid agreements herein
10.
tof, the respective successors and assigns of _ —
“contained Shall bind, and the rights~hereunder~ shall-inure to-the-benefit
er shal] be joint and several. Any Borrower who
___-Lender_and Borrower, All covenants and agreements of Borrow
ning this Mortgage only to mortgage; -grant- a
co-signed this Mortgage, but does not e; xecute the Agreement a) is
of this Mortgage (b) is ;not p ersonally
Borrower's interest in-the- Property-to-Lender-under-the terms.
oe |
convey that
and any other Borrower hereunder may
a _obligated to pay the sums secured by this Mortgage; and (c) agrees that Lender to ard
the terms of this Mortgage andthe.
~
to extend, modify, forebear or make any other accommodati ORS With Tep
agree
the Borrower or modifying thi is Mortgage as to that
Note without the Borrower's consent and without releasing
Borrower’s interest in the Property.
given in another manner: (a) any notice
Notice. Except for any notice required under applicable law to be
ii.
his Mortgage shall be sent to Borrower by regular mail addressed
required or permitted to be given to Borrower under to.be10 joa
given 4
nt; ‘and-(b)-any-notiee-required-or-permitted.
to Borrower at the address for notices specified in the Agreeme ated Statutes Annotate d, title,
ania Consolid
_-Lender-under this-Mortgage Cincluding_notices. given pursuant to Pennsy!v
34-25-11, if applicable) shall be sent to Lender by regular
42, Section 8143 or to Rhode Island G.L. 34, ~25. -10(b) and Either party may __
Mortgage. g-of
this nnin |
ed-at- the-begi
tail addressed 10 Lender at Lender's Address” for-Notices-identifi party notice of the new address in
aa _-changeits-address 10 which the other party to send noti ices by giving the other
accordance with this paragra ph 11. Any notice provided f in this Mori gage ‘shall be i waiting anid shalt be deemed tom
sarastey \-addressed-in-the manner-designated herein.
ave been given wher ‘tailed; postage prepaid. 7
Recording Copy
Page 3 of 6
215008 Rev. 09/2004
(Page 4 of 8)
12. Governing Law; Severability. The state and local laws applicable to this Mortgage
shall be the laws of the
jurisdiction in which the Property is located. Notwithstanding the foregoing, nothing herein shall
of federal law to this Mortgage. In the ever nt limit the applicability
that any provision of this Mortgage or the Agreement conflicts with
applicable law, the conflicting provision shal 1 be deemed to be amended to afford the Lender the maximum rights.
a allowed-by-taw:-No conflict with applicable _ ee
Taw shal a affect other prov ions 1 is lortgage or the Agreement that can
be given effect without the conflicting provision and, to this end, the provisions of this Mortgage or the Agreement are
declared to be severable.
13. Borrower’s Cop: yy. Borrower shall be furnished a conformed copy of this Mortgage
at the time of execution or
after recordation herec! f,
~
14,” Even of Detault.
ts Borrower shallbe in default under this Mortgage on the occurrence of any of the
events: (a) failure by Borrower to pay when due any an raount owing under the Agreemen following
continues for twenty-one (21) days after written notice of the failure is mail t or this Mortgage if the failure
wo led to the Borrower (if the Property is located ~
~~in-Maine;-sueh-notiee will not-be-sent-until atleast“ 10-days afer the nt is due; i
Connecticut, this Mortgage is subject to one or more prior mortgages, and there were loan fees, le ‘operty is located in
Pp.
poi ints, or other prepaid
finance charges imposed in connection with the Agreement, such notice will not be
sent until at least 39 days after the
~ un ayment is, due); _(b)_ Borrower_makes.: any. fraudulent. statement-or -material~misrepresentation in-c omnection “with the
Agreement or this Mortgage; (c) any action or inaction on Borrower's part adversely
affects the Props erty or the Lender’s
rights in the prop erty (c.g., a transfer of title to or sale of an interest in
the Property
failure to maintai in insurance or pay taxes on the Py roperty; action by the Borrower resultin;without th ¢ Lender’s consent;
g in the filing of a mortgage
or lien that is or becomes senior to Lender’s Mortg: age; action by the Borrower that jeopard:
future advances; death of all individuals obligat ied on the Agreement; a izes the Lender's security for
taking of the Property by eminent domain;
foreclosure by a prior lienholder: or if the Lender's se curity interest is adversel
y affected due to: (i) waste, destructive
an eo use_of_or_Borrower’s failure-to-maintain-the-P: +Gi} Borrower's illegal-“use of the Property that” Subj wsiruc ——
seizure; (iii) the filing of a judgement against Borrower: ; (iv) death of one of the ects it iO
that this event of default shali not apply if the Property is located in Connecticut);jointor obl igors on the Agreement (except
(v) ) Borrower's moving out of the
Property and failing to return within twenty-one (21) dat ys after written notice is mailed
to the Borrower).
18. Acceleration; Remedies, On default, Lender may declare all sums secured by
this Mortgage immediately due and
payable. and Lender may invol ke any of the remedies permitted under applicable law, including
POWER OF SALE, if any. If the Property is located in Florida, Lender the STATUTORY
sh: all be entitled to collect all costs and expenses
incurred in collection or foreclosure, incl luding attomeys’ fees equal to ten percent (10%)
of the principal sum or such
larger amount as may be reasonable and just, and also all costs, ex, ‘penses and
attorneys’ fees incurred in any appellate
and bankruptcy proceedings. If Lender invokes a STATUTORY POWER OF SALE,
Lender
notice of sale to Borrower, and to any other person required by applicabl le law, in the manner shall maii a copy of a
Jaw. Lender shall publish the le notice of sale and the Property shail be sold in the manner
provided by applicable
Lender or Lender’s
prescribed by applicable Jaw.
designee may purchase the Property at any sale. The pi roceeds of the sale
following order: (a) to all reasonable costs and expenses of the sale, includ: ling shall be applied in the
reasonab
title evidence; (b) to all sums secured by this Mortgage in such order as Lender may le attorneys’ fees and costs of
determine; and (c) the excess, if
any, to the person or persons legally entitled thereto.
oN nt-of Rents; Appotitiient of Receiver, As additionalal security 'y hereunder, Borrower
hereby assigns to
Lender the rents of the Property,
provided
ed th:thaat_ Borrower shall, prior to. acceleration under -paragraph-L5--hereof-or
abandonment of the Property, have the right to collect and retain such r ts as they
become due and payable. On
_-.......-aeceleration under paragraph_15_herenf_or. -of-the-Property;-Lender-shail entitled De
appointed by a court to enter on, take possession of and mana} ge -be to have a tT
po the Property and to collect the rents of the Property.
including those past-due-Ait rents collected by the Ti vei € applied first to payment of the costs of management
of the Property and collection of rents, including, but not limi ited to, receiver's fees, premiums
premiums on receiver's bonds and reasonable attorneys’ fees, and then to the sums secured -on-receiver's. fees;
receiver shall be liable to account only for those rents actually receive d. by this Mortgage. The
17. Waiver of Homestead; Dower and Curtes: iy. When applicable, and as permitted
all rights of homestead in the Property and relin quishes all rights of dower by law, Borrower hereby waives
and curtesy in the Property.
a _ 18. Release. Until all amounts
Mu all amo secured are Paid.
| in. tcl and the. Agreement is.carweted this -Mortgage-will remain
in”
—
effect, evel igh the loan balance may be reduced to zero from time to time. This Mortgage shall
— _-Satisfied, and Lender. shall give-Borrower-a-di ischarge-th erefor,-when; {ay all suns be deemedeC 10to DEbe
paid in full, and Borrower has paid Lender fo: it the recoil ing cost
securedby thisis Mortgage have been
| ‘has ne-continuing obligation to make additionalad a filing the satisfactionof mortgage; and (b) the
Pe 19 New York Ligh Law. If theA greement and Mortgage are governed
by New York law, the Borrower will receive
|____...___ all
ail amounts
amounts advance
advanced d | under the -Subjectto.the-t provisions-of Seetion-13-of the New York Lier
Borrower will use any money received from the Lender under the Agreeme
improvements made to the Property before using the money for
nt for the purpose of paying the cost of any
any other purpose.
21500C Rev. 09/2004 Recording Copy
Page 4 of 6
(Page S of 8)
ae 3
m
G
th
@
we on vo eee ee en coe 42.
REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE — @
& UNDER UPERIOR MORTGAGES OR DEEDS OF TRUST
a lien that has a
— and Lender er
________ Rorrow of any mortgage, deed of trust or other encumbrance with
request the holder i ng of this- oe
at Lendé: #5 address sex forttrat the beginni
priority over this Mortgage to give notice to Lender, a
brance and of an: y sale or other foreclosure action.
Mortgage, of any default under the superior encum O
1. Do not sign thi is Mortgage before you read it.
NOTICE TO CONSUMER: ge.
itled to a copy of this Mortga @
2. You are ent
1)
each of the undersigned has executed This Mortgage under
scat this—24TB—-day fot
IN WITNESS WHEREOF,
SER ___(month), _.2004_ WE AGREE AND ACKNOWLEDGE THAT oF
of SEPTEMME (BER AND-ANY RIDER: — _
WE HAVE RECEIVED TRUE “COPIES OF THIS MORTGAGE 0
HES Oboe
‘Signature
oF Witness Oae)-
Printed Name:
IM
Prin
0% fT Harrower Signatue} )
amie ARTAN “MIG
Caen
&
(Signature ‘of Withess Two)
‘Priited Names 43h
Ay
eee foc]
—
trSirine
ignattireOF Witness One:
Namie:
ee
(Signature of Witness TWoY
Printed Name:
—
(Moi 1041 J Woikower Signaiiieey
(SignanireOF Withess Ore}
Primed Name:
Print nedN lame:
cs
(Signature OF Witmess Two}
Primed Name:
(Signature of Wittiess One)
[BorgageTBorrower Signature)
nner “Prinied Namie: ~
a (Signanare or Wittess TwOy
= — a
Printed Name:
‘BighanireoF Witiiess Oney
~~ yNforigagor/Barvower Signature)
Printed Name:
Printed Name:
(Sigiandne Of WIENS TWO)
—M
Printed Name:
AKA} COUNTY —
STATE/CO! ote
Preview
COMMONWEALTH OF MASSACHUSETTS COUNTY OF WORCESTER SUPERIOR COURT DEPARTMENT BANK OF AMERICA, N.A., Plaintiff, Civil Action File No: ARIAN MILLONA and ALMA MILLONA, Defendant(s). COMPLAINT COMES NOW Plaintiff Bank of America, N. A., by and through counsel, and shows the following: PARTIES AND JURISDICTION 1 Defendant Arian Millona is subject to the jurisdiction of this Court and may receive service of process at 4 Arlene Dr., Paxton, Massachusetts 01612. Defendant Alma Millona is subject to the jurisdiction of this Court and may receive service of process at 4 Arlene Dr., Paxton, Massachusetts 01612. 2 Venue is proper as all Defendant(s) (hereinafter “Defendant(s)”) reside within the judicial district of this Court. FACTS This communication is from a debt collector. This is an attempt to collect a debt. Any information obtained will be used for that purpose. 3 Defendant(s) entered into a contract (“Contract”) with Bank of America and/or Bank of America’s predecessor in interest in order to obtain a loan for the benefit of Defendant(s) (Exhibit “A”), 4. Additionally, as part of the same transaction, Defendant(s) executed a mortgage in favor of Bank of America and/or Bank of America’s predecessor in interest, which was duly recorded (Exhibit “B”), 5 The Contract, and any modifications thereto (if any), required that Defendant(s) repay the subject extension of credit. 6 Specifically, the Contract required that Defendant(s) make monthly minimum repayments of the loaned funds. 7 Defendant(s)’ Contract was breached, accelerated, and charged-off on 10/14/2015 as a result of Defendant(s)’ failure to abide by the Contract’s monthly minimum payment requirements. 8 A copy of the Transactional History for the subject account is attached hereto as Exhibit “C,” and demonstrates that amount that Defendant(s) presently owe $28,709.86 to Bank of America as a result of Defendants(s)’ breach of the Contract. 2 This communication is from a debt collector. This is an attempt to collect a debt. Any information obtained will be used for that purpose. COUNT I: BREACH OF CONTRACT AGAINST DEFENDANT(S) 9. Bank of America incorporates by reference Paragraphs | through 8 as if fully set forth herein. 10. Bank of America and/or its predecessor in interest and Defendant(s) entered into the Contract. 11. Defendant(s) breached the terms and conditions of the Contract, and any modifications thereto (if any), by failing to make the required payments or otherwise satisfy the terms of the Contract. 12. Plaintiff Bank of America further shows that it has performed all conditions precedent necessary to commence this action, or that all conditions precedent have otherwise occurred. 13. As a result of Defendant(s)’ breach of the Contract, Bank of America suffered damages of $28,709.86. WHEREFORE, Plaintiff Bank of America, N. A. demands: A. Judgment against Defendant(s); and (Continued on Following Page) 3 This communication is from a debt collector. This is an attempt to collect a debt. Any information obtained will be used for that purpose. Any and all other relief that this Court deems appropriate. Respectfully submitted, DREW ECKL & FARNHAM, LLP Michael J. Pisaturo Michael J. Pisaturo Mass. State Bar No. 630880 Counsel for Plaintiff Drew Eckl & Farnham, LLP 235 Peachtree St. NE, Suite 1900 Atlanta, Georgia 30303 Tel: (404) 885-1400 Fax: (404) 876-0922 pwbpleadings@deflaw.com 4 This communication is from a debt collector. This is an attempt to collect a debt. Any information obtained will be used for that purpose. EXHIBITA (Page 1 of 4) Home Equity Line of Credit Agreement (ior use on! in CY, PL, MA, Mii, NH. NEN PA and RD _-L. What the Words. Mean, . (2)"You." “your yours and.the “Bank” isan Next 5 Mf upall the daily balances for the biling period and divide. the Fleet National Rank, a Hank of America Company, ite surcessors and assigns; ¢h) total by the number of duys in the billing geriod. This gives you the average daily “17 tee, “my,” *us* and “Borrower mean each individast who signs this baluace for my Accounl. lf any dally balauce is a credit balance, yom consider that Ageeemem, and each suck individual's heirs. executors and administrators, 4c} day's bolunce to equal zee.) “Account” means the Account subject to this Agreement; and (<) "Agreement ‘mesas this Home Equity Line of Credit Agreement ithe "Agreement") ‘Thea, you reuluply tie average datly Dulaticetunes the daily gerindic eave times The humber of daysin the billing period. This gives vou the finance chaige on wy 2, Credit Limit. My credit limit is $32,400.00 Accom, ‘The amount of my unpaid borrowings, interest and other atrges on my Ascount ‘The duity perio rate is exteuiated by riding the asmual peicentage cate by 365, caceed my credit limic. If you do, t will pay you the excess amount immedistely pon your request My initia! ANNUAL PERCENTAGE RATE is_6.490_% ( daily poriodie rate of _ 8), Ic is based upon a Prime Ruse af & and 3. Promise to Pay. promise 1 pay you all amounis | burrow, plus finance amaminof 1.9) percemage points {1,990 $1 whic I have seleced. Encepk ay limited by the maximum una! peroentage rate, an ancrease in the Prime 4. Line of Credit, Ducing she “Draw Perivd” may ubuin twan advances on my. Rate as deserihed shave will result in a corresponding increase in my annual Account ix the following manter: (1) by using special checks; 2} by withdrawal or percentage rate, dally periodic ra finance charg: owed, and minimum monty fransfer from the Account initiated through the use of a card that you have issued 19 pavinent ‘me: oF (3) by any other means thar you make available. HE Frequent card arcesy10 AE any law fs finally interpreted as Fantling the Gnance champs ce other charges any Acooum, this uccess may be de od ubany dime if my debi ‘ard is cancelled for any reason or all of my Bank depysit acess haked to any oxount are closed. collected or ty be collecied in connection with ay Account, them: {any such Cord access muy alo be denied if my home equity Accoust is suspeeded or charge will be reduced by the amourt necessary fo sesluce it to the permited fini, terminated as yuitined m Sections 14, {S, and 16 of this Agreement My Dmw and Gib any sums antecte fram ee which © ceed the permiced fimit will be applied Tah - continues until he last day of dhe biling period ending daring the Suh month after 7. Closing Costs, In additkon to the finance charge whic wil! be added 0 my fhe morth in whieh T sign this Agreement, Unless tbe Property securing de Accoutt Accout! ich billing cycle, T will pay the following fees, including teal estate ig in Connecticut, at your option the Draw Periad may be renewed for up wo wo closing and secucity filing tees: additional five year periods, If the Property securing the Account is in Connecticut, at your option, the Draw Period may be renewed for one additonal period of Points and Commitment . $ 0.00 lengut you establish, but for not mre than five years, You will nowify me hefore the Dechment Preparation Fee . - 0.00 ‘end of any Draw Pering whether or not you will renew my Draw Period. After my Morgage Fiting Fee .§ Sina caw Period, wit pay t lance 1 owe ov: year period g.00 PRepayineil Period"). During aay Diaw Period, you da nat have to make advances Tie Exar erica 0.0 ‘ea dhe Account when my right 12 borrow bus Geen suspended (see Section 14) or ‘Lender's Tule Knsutance . 1.00... terminated (see Section 15}. Property Evaluation Bee G.4.99 a ‘ a tie ith tend, Mongage Ta 8.00 ate wrinen request of sty of 38 who sighs his Agreement, Afer such request = Documentary Stamp Tas. an 0 received, any wes for a rcinstaicmem of prior credit privileges smut be i Tnangible Tax... “siting and signed by all of us, Aavomey Fee (a 8) Close Ager L a ’ ty “ dh Cs x Ss cs count - 5, Security. To secure payment of afl sums Lows you ler this Agreement, 2out Nowry Fee 9.00. any exeasiog, renewalor madificauonof the Agreement, and te secure ali charges Onher no 9.00... under the mortgage of ie Propecty securing the Account, 1am giving you a Othe _ $ a 0. mortgage {"Morigage"} on my real property luceted a 4 ALRENE DR WORCESTER PAXTON, Ma 01612 Total Amount Duc petersncenseee $ 0.90 ihe "Property $. Other Charges. Any charge fisted below will be inctuvied in ey miniomam payment due for shat billing perlod during which the charge was posted w@ my ‘The Mortgage contains aduitional infxrmation. 1 agree we comply with all the terms Account, During s Draw Petied thut not Repayment Period). if } do noe pay any ef the Morigage and 10 reimburse you for ony acmuers vou pay te prorect she such charge fexeepr the fats charge) by the paymentdae date, sucte charge sillbe ‘Mongage. The Mortgage will not secure any advances of other ge emess af treated as 2 loan and inchaded in my daily balance beginning on the firs: day of she my credit limit, Collateral securing other towns with you muy aso secure the billing period starting after the payment due date. Coun. The Morigige anv Ge Aprceccat Wi Farms aT eer Seen aiwegh wy ‘Account balance may be reduced tw 20¢0 from simig wo time, f8) Antal Merabership Fee. Bach vear during a Drow Period, twill pay an antual membership fee af $50. If 1 am a Massache ts customer and 6. Aomuat Percentage Rate and Finance Charge. My somal percentage rate cancel my Account de ing soy your, I wall receive w refund equal to (wo tha highest Prine Rate. snost recently. publishes! ander "Money. Rates" i _thinds oC my.anmual fee.paic. fos shat ye: a Te ve Wall Sireet Jousnal, plis 9 margin. My anmuat percentage rate may change donee each moath on the first day of each billing period. If the Prime Rate is a Hf you waive the fee ia any year, you may sill charge & fee in subsequent years payer published. you wilt choose # comparable independent sndex upos which t0 hase my sate. My maximum ANNUAL PERCENTAGE RATE, permitted by (0b) Late Charge. I will pay a late charge as checked below: iy is checks tos crea FORE FAC MED aad RI aay (SRN we Tian TO aay IRE TWH i1 (DJ me. icra, pa. vet ue pay late chargeaf $15, [ke] Fema 18% is more than 1S days te. Twill pay a fate change & mas0F $10 16or amy3% ofpaysthe payment. whichever i les, NY: The grewier of: (a) 15.9% oF 0} ve entage poirts (5: over the annual percentage ra effect when ay Account was opened, bat in ni Wf any payeizat is more then 10 days Pw pays Fae oharge so cate will t excoed 25% equa to $10oF 5% of the payment, whichever is larger, My annual percentage rate includes interest and no other costs FHS CRGES aTCTUE OF ERENT RAVE OTN THE GATE OF ME SIVAN UMN FRVRERT ws: cr of the i! payment. payers ig posted co my Accovint. You figare he finance charge on my Account as 8, You take the beginning balance of my Account each day, add any new foans, and subrract payments, credits, adjustments, anc unpaid finance sharges. During the ie) Karly Cancellation Fee. For ME, NI PA. and RI borcowers: If Lask you 19 Draw Perigd (but not the Repayment Period) aay charge fisied in Section 8 (except lose ny Accoutt wlhin 12 montis afters is opened wall pay you $250 oartate charger thor isassessed and nor pailt by the paysentrdne date showom the - For Make Hac ad 3 EF bertewees IE bask route olesany econ momthiy siiement on which i is itemized, will be weared as an advance and within 2 snoaths after itis opened T will pay you $250. included in she daily batasce calculation begining on the F t ay af the billing period that ssarts atter vhat payment duc date. This gives you the daily balance for cur ul EVERS! 1D} ‘By signing below. I site | received & coraplered copy of the Agreement. T agrce to the provisiows an ail pages af this Agreement. If Loccupy the prapany sociation or other governing body-to-terminate-p rofessional-management.and assume self-management of the ee project. — -~~-Profote cti Lender' ony If Borrower-fail [s-to-perform. s Securit the. covenants_and agreements contained in this font ly affects Lender’s interest in the Property, the Mortgage, or if any action or proceeding is commenced that material 7 ppearances, disburse such sums, including a Lender, at Lender's option, on notice to Borr rower, may make such aj wo reasonable -attomeys*-fees;-and-take- -such-action.as.. Lender deems necessary to protect its interest. Ai ny amounts disbursed nt principal indebtedness of Borrower secur yy this by Lender pursuant to this paragraph 6 shall become addi tional time to time under the Note. Unless iw Mongage and Borrower shall pay inter rest on such amounts al t the rate in effect from -Borrower~and -Lender- -agree-t o-other. terms of payment, such amounts shall_be payable o n_notice from Lender to 3 this paragraph 6 shall require Lender incu: Borrower requesting payment thereof. Nothing contail ined in of, or preclude the exercise er shall not be a waiver or take any action hereunder, and any action taken by Lender hereund of, any of the rights or remedies accorded to Lender. Ll (yy 7 Inspection, Lender may make or cause to be made reasonable entries on and inspection of the Property, provided ine es that Lender-sha ll_gi Borrower prior. to Such notice ve inspection specifying reasonable cause therefor related to Lender’s such inspect interest in the Property. or consequential, in connection with any 8. Condemnation. The process of any award or clai im for damages, direct for conveyance in lieu of condemnation, is hereby condemnation or other taking of the Property, or part 1 hereof, or any mortgage, deed of trust or other security agreement assigned and shall be paid to Lender, subject to the terms of with a lien that has priority over this Mortgage. A Waiver. Extension of the time for payment or 9. Borrower Not Released; Forbearance By Lender Not by y this Mortgage granted by Lender to any modification of any of the other terms of payment of the sums secured release, in any manne s, the liability of the original Borrower or successor in interest of Borrower shall not operate to to commence proceedings against such successor or Borrower's successors in interest. Lender shall not be required of payment of the sums secured by the Mortgage by refuse to extend time for payment or otherwise modi ify the terms successors in interest. Any forbearance by Lender in reason of any demand made by the original Borrower or Borrowe! 1’ applicable law, shall not be a waiver of or preclude exercising any right or remedy hereunder, or otherwise afforded by the exercise of any such right or remedy. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants aid agreements herein 10. tof, the respective successors and assigns of _ — “contained Shall bind, and the rights~hereunder~ shall-inure to-the-benefit er shal] be joint and several. Any Borrower who ___-Lender_and Borrower, All covenants and agreements of Borrow ning this Mortgage only to mortgage; -grant- a co-signed this Mortgage, but does not e; xecute the Agreement a) is of this Mortgage (b) is ;not p ersonally Borrower's interest in-the- Property-to-Lender-under-the terms. oe | convey that and any other Borrower hereunder may a _obligated to pay the sums secured by this Mortgage; and (c) agrees that Lender to ard the terms of this Mortgage andthe. ~ to extend, modify, forebear or make any other accommodati ORS With Tep agree the Borrower or modifying thi is Mortgage as to that Note without the Borrower's consent and without releasing Borrower’s interest in the Property. given in another manner: (a) any notice Notice. Except for any notice required under applicable law to be ii. his Mortgage shall be sent to Borrower by regular mail addressed required or permitted to be given to Borrower under to.be10 joa given 4 nt; ‘and-(b)-any-notiee-required-or-permitted. to Borrower at the address for notices specified in the Agreeme ated Statutes Annotate d, title, ania Consolid _-Lender-under this-Mortgage Cincluding_notices. given pursuant to Pennsy!v 34-25-11, if applicable) shall be sent to Lender by regular 42, Section 8143 or to Rhode Island G.L. 34, ~25. -10(b) and Either party may __ Mortgage. g-of this nnin | ed-at- the-begi tail addressed 10 Lender at Lender's Address” for-Notices-identifi party notice of the new address in aa _-changeits-address 10 which the other party to send noti ices by giving the other accordance with this paragra ph 11. Any notice provided f in this Mori gage ‘shall be i waiting anid shalt be deemed tom sarastey \-addressed-in-the manner-designated herein. ave been given wher ‘tailed; postage prepaid. 7 Recording Copy Page 3 of 6 215008 Rev. 09/2004 (Page 4 of 8) 12. Governing Law; Severability. The state and local laws applicable to this Mortgage shall be the laws of the jurisdiction in which the Property is located. Notwithstanding the foregoing, nothing herein shall of federal law to this Mortgage. In the ever nt limit the applicability that any provision of this Mortgage or the Agreement conflicts with applicable law, the conflicting provision shal 1 be deemed to be amended to afford the Lender the maximum rights. a allowed-by-taw:-No conflict with applicable _ ee Taw shal a affect other prov ions 1 is lortgage or the Agreement that can be given effect without the conflicting provision and, to this end, the provisions of this Mortgage or the Agreement are declared to be severable. 13. Borrower’s Cop: yy. Borrower shall be furnished a conformed copy of this Mortgage at the time of execution or after recordation herec! f, ~ 14,” Even of Detault. ts Borrower shallbe in default under this Mortgage on the occurrence of any of the events: (a) failure by Borrower to pay when due any an raount owing under the Agreemen following continues for twenty-one (21) days after written notice of the failure is mail t or this Mortgage if the failure wo led to the Borrower (if the Property is located ~ ~~in-Maine;-sueh-notiee will not-be-sent-until atleast“ 10-days afer the nt is due; i Connecticut, this Mortgage is subject to one or more prior mortgages, and there were loan fees, le ‘operty is located in Pp. poi ints, or other prepaid finance charges imposed in connection with the Agreement, such notice will not be sent until at least 39 days after the ~ un ayment is, due); _(b)_ Borrower_makes.: any. fraudulent. statement-or -material~misrepresentation in-c omnection “with the Agreement or this Mortgage; (c) any action or inaction on Borrower's part adversely affects the Props erty or the Lender’s rights in the prop erty (c.g., a transfer of title to or sale of an interest in the Property failure to maintai in insurance or pay taxes on the Py roperty; action by the Borrower resultin;without th ¢ Lender’s consent; g in the filing of a mortgage or lien that is or becomes senior to Lender’s Mortg: age; action by the Borrower that jeopard: future advances; death of all individuals obligat ied on the Agreement; a izes the Lender's security for taking of the Property by eminent domain; foreclosure by a prior lienholder: or if the Lender's se curity interest is adversel y affected due to: (i) waste, destructive an eo use_of_or_Borrower’s failure-to-maintain-the-P: +Gi} Borrower's illegal-“use of the Property that” Subj wsiruc —— seizure; (iii) the filing of a judgement against Borrower: ; (iv) death of one of the ects it iO that this event of default shali not apply if the Property is located in Connecticut);jointor obl igors on the Agreement (except (v) ) Borrower's moving out of the Property and failing to return within twenty-one (21) dat ys after written notice is mailed to the Borrower). 18. Acceleration; Remedies, On default, Lender may declare all sums secured by this Mortgage immediately due and payable. and Lender may invol ke any of the remedies permitted under applicable law, including POWER OF SALE, if any. If the Property is located in Florida, Lender the STATUTORY sh: all be entitled to collect all costs and expenses incurred in collection or foreclosure, incl luding attomeys’ fees equal to ten percent (10%) of the principal sum or such larger amount as may be reasonable and just, and also all costs, ex, ‘penses and attorneys’ fees incurred in any appellate and bankruptcy proceedings. If Lender invokes a STATUTORY POWER OF SALE, Lender notice of sale to Borrower, and to any other person required by applicabl le law, in the manner shall maii a copy of a Jaw. Lender shall publish the le notice of sale and the Property shail be sold in the manner provided by applicable Lender or Lender’s prescribed by applicable Jaw. designee may purchase the Property at any sale. The pi roceeds of the sale following order: (a) to all reasonable costs and expenses of the sale, includ: ling shall be applied in the reasonab title evidence; (b) to all sums secured by this Mortgage in such order as Lender may le attorneys’ fees and costs of determine; and (c) the excess, if any, to the person or persons legally entitled thereto. oN nt-of Rents; Appotitiient of Receiver, As additionalal security 'y hereunder, Borrower hereby assigns to Lender the rents of the Property, provided ed th:thaat_ Borrower shall, prior to. acceleration under -paragraph-L5--hereof-or abandonment of the Property, have the right to collect and retain such r ts as they become due and payable. On _-.......-aeceleration under paragraph_15_herenf_or. -of-the-Property;-Lender-shail entitled De appointed by a court to enter on, take possession of and mana} ge -be to have a tT po the Property and to collect the rents of the Property. including those past-due-Ait rents collected by the Ti vei € applied first to payment of the costs of management of the Property and collection of rents, including, but not limi ited to, receiver's fees, premiums premiums on receiver's bonds and reasonable attorneys’ fees, and then to the sums secured -on-receiver's. fees; receiver shall be liable to account only for those rents actually receive d. by this Mortgage. The 17. Waiver of Homestead; Dower and Curtes: iy. When applicable, and as permitted all rights of homestead in the Property and relin quishes all rights of dower by law, Borrower hereby waives and curtesy in the Property. a _ 18. Release. Until all amounts Mu all amo secured are Paid. | in. tcl and the. Agreement is.carweted this -Mortgage-will remain in” — effect, evel igh the loan balance may be reduced to zero from time to time. This Mortgage shall — _-Satisfied, and Lender. shall give-Borrower-a-di ischarge-th erefor,-when; {ay all suns be deemedeC 10to DEbe paid in full, and Borrower has paid Lender fo: it the recoil ing cost securedby thisis Mortgage have been | ‘has ne-continuing obligation to make additionalad a filing the satisfactionof mortgage; and (b) the Pe 19 New York Ligh Law. If theA greement and Mortgage are governed by New York law, the Borrower will receive |____...___ all ail amounts amounts advance advanced d | under the -Subjectto.the-t provisions-of Seetion-13-of the New York Lier Borrower will use any money received from the Lender under the Agreeme improvements made to the Property before using the money for nt for the purpose of paying the cost of any any other purpose. 21500C Rev. 09/2004 Recording Copy Page 4 of 6 (Page S of 8) ae 3 m G th @ we on vo eee ee en coe 42. REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE — @ & UNDER UPERIOR MORTGAGES OR DEEDS OF TRUST a lien that has a — and Lender er ________ Rorrow of any mortgage, deed of trust or other encumbrance with request the holder i ng of this- oe at Lendé: #5 address sex forttrat the beginni priority over this Mortgage to give notice to Lender, a brance and of an: y sale or other foreclosure action. Mortgage, of any default under the superior encum O 1. Do not sign thi is Mortgage before you read it. NOTICE TO CONSUMER: ge. itled to a copy of this Mortga @ 2. You are ent 1) each of the undersigned has executed This Mortgage under scat this—24TB—-day fot IN WITNESS WHEREOF, SER ___(month), _.2004_ WE AGREE AND ACKNOWLEDGE THAT oF of SEPTEMME (BER AND-ANY RIDER: — _ WE HAVE RECEIVED TRUE “COPIES OF THIS MORTGAGE 0 HES Oboe ‘Signature oF Witness Oae)- Printed Name: IM Prin 0% fT Harrower Signatue} ) amie ARTAN “MIG Caen & (Signature ‘of Withess Two) ‘Priited Names 43h Ay eee foc] — trSirine ignattireOF Witness One: Namie: ee (Signature of Witness TWoY Printed Name: — (Moi 1041 J Woikower Signaiiieey (SignanireOF Withess Ore} Primed Name: Print nedN lame: cs (Signature OF Witmess Two} Primed Name: (Signature of Wittiess One) [BorgageTBorrower Signature) nner “Prinied Namie: ~ a (Signanare or Wittess TwOy = — a Printed Name: ‘BighanireoF Witiiess Oney ~~ yNforigagor/Barvower Signature) Printed Name: Printed Name: (Sigiandne Of WIENS TWO) —M Printed Name: AKA} COUNTY — STATE/CO! ote