On May 15, 2008 a
Motion for Summary Judgment 4315101 Comments: Motion For Summary Judgment|PLTFS MOTION FOR SUMMARY FINAL JUDGMENT OF FORECLOSURE
was filed
involving a dispute between
Greenpoint Mortgage Funding Inc,
and
Carlos A Mosquera,
Central Park Lee Vista Condominium Association Inc,
Irma Alvarez Mosquera,
Jane Doe,
John Doe,
Mortgage Electronic Registration Systems Incorpora Greenpoint Mortgage Funding Inc Anf,
for CA - Mortgage Foreclosure (filed prior to 6/1/2009)
in the District Court of Orange County.
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IN THE CIRCUIT COURT OF THE
9TH JUDICIAL CIRCUIT, IN AND FOR
ORANGE COUNTY, FLORIDA
CIVIL DIVISION 43 % '
^.. '.' .
CASE NO.: 48-2008-CA-011598 \J' ^ < ' .
^^^.<.
C'
GREENPOINT MORTGAGE FUNDING, s:-'
v^%
A
-
• '•"
V 'v
INC., V4 ' ' x;'.
y<;r
Plaintiff, V r '<=•
vs.
'Or., •?=
< % .
IRMA ALVAREZ-MOSQUERA;
CENTRAL PARK LEE VISTA
CONDOMINIUM ASSOCIATION, INC.;
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS
INCORPORATED, AS NOMINEE FOR
GREENPOINT MORTGAGE FUNDING,
INC.; CARLOS A. MOSQUERA; JOHN
DOE; JANE DOE AS UNKNOWN
TENANT (S) IN POSSESSION OF THE
SUBJECT PROPERTY,
Defendants.
MOTION FOR SUMMARY FINAL JUDGMENT OF FORECLOSURE
Plaintiff,GREENPOINT MORTGAGE FUNDING, INC., moves the Court for entry of a Summary Final
Judgment of Foreclosure including an award of attorney's fees to Plaintiff on the grounds that Plaintiffis
entitledto such a Final Judgment as a matter of law. The substantial matter of law to be argued is the
priorityof the lienof Plaintiff's
mortgage over the interestof allother Defendants in the realproperty
encumbered by said mortgage and Plaintiffs entitlement to an award of attorney's fees.
In support of this motion, Plaintiff shows the Court:
1. Plaintifffiled its Complaint to Foreclose a Mortgage on real property located in Orange County,
Florida, the legal description of which is set forth in the Complaint.
2. The provisions of the note and mortgage being sued upon in this action conferupon Plaintiff the
right to accelerate all sums due thereunder upon the default thereof, and the right to forecloseall
interests in the encumbered property which are inferior to the lien of said mortgage. Hubbard v.
Highland Realty & Inv. Co., 156 So. 322 (Fla. 1934); Campbell v. Werner, 232 So. 2d 252 (Fla.3d
D.C. A. 1970). The provisions of said note and mortgage also provide for an award of attomeys
fees to Plaintiff in the event of the filing of an action for foreclosure.
08-20126
3. The pleadings and exhibits filed herein, as well as Plaintiff's
affidavitin support hereof, establish
that Plaintiff's
mortgage is a purchase money mortgage or was recorded prior to the recording of
the instmments creating the liens in favor of those Defendants who claim an interest in the real
property encumbered by the mortgage. Therefore, any such interest, which may be vested in the
aforesaid Defendants, is subordinate and inferior to the lien of Plaintiff's
mortgage. Sarmiento v.
Stockton. Whatlev. Davin & Co.. Inc.. 399 So. 2d 1057 (Fla. 3d DCA 1981), United States v. First
Federal Savings and Loan Association of St. Petersburg. 155 So. 2d 192 (Fla. 2d DCA 1963).
WHEREFORE, Plaintiff respectfully requests this Court grant its Motion for Summary Final Judgment of
Mortgage Foreclosure including an award of attorney's fees and for such further relief as the Court deems
just and proper.
I HEREBY CERTIFY that a tme copy of the foregoing Motion for Summary Judgment, and the following
supporting affidavits:Time & Effort, Attorney's Fees, Indebtedness, Cost were delivered to the parties on
the attached mailing list by mail this M^^ day of O ^ C P M ^ , 2008.
Law Offices of Marshall C. Watson, P.A.
1800 N.W. 49* Street, Suite 120
Fort Lauderdale, Fl 33309
Telephone: (954) 453-0365/1-800-441-2438
Facsimile: (954) 771-6052
By: - ^ ^
I Anissa Bolton, Esq.
BarNo.: 0005193
Tenia C. Hunter
FBN 0016635
08-20126
MAILING LIST
Case No.: 48-2008-CA-Ol 1598
IRMA ALVAREZ-MOSQUERA
35 PALISADE AVENUE
PISCATAWAY, NJ 08854
CENTRAL PARK LEE VISTA CONDOMINIUM ASSOCIATION, INC.
9101 LEE VISTA BLVD
ORLANDO, FL 32829
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC.
AS NOMINEE FOR GREENPOINT MORTGAGE FUNDING, INC.
3300 SW 34TH AVE SUITE 101
OCALA, FL 34474
CARLOS A. MOSQUERA
35 PALISADE AVENUE
PISCATAWAY, NJ 08854
UNKNOWN TENANT
9037 LEE VISTA BOULEVARD #1608
ORLANDO, FL 32829
08-20126
Document Filed Date
December 05, 2008
Case Filing Date
May 15, 2008
Category
CA - Mortgage Foreclosure (filed prior to 6/1/2009)
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IN THE CIRCUIT COURT OF THE 9TH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CIVIL DIVISION 43 % ' ^.. '.' . CASE NO.: 48-2008-CA-011598 \J' ^ < ' . ^^^.<. C' GREENPOINT MORTGAGE FUNDING, s:-' v^% A - • '•" V 'v INC., V4 ' ' x;'. y<;r Plaintiff, V r '<=• vs. 'Or., •?= < % . IRMA ALVAREZ-MOSQUERA; CENTRAL PARK LEE VISTA CONDOMINIUM ASSOCIATION, INC.; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INCORPORATED, AS NOMINEE FOR GREENPOINT MORTGAGE FUNDING, INC.; CARLOS A. MOSQUERA; JOHN DOE; JANE DOE AS UNKNOWN TENANT (S) IN POSSESSION OF THE SUBJECT PROPERTY, Defendants. MOTION FOR SUMMARY FINAL JUDGMENT OF FORECLOSURE Plaintiff,GREENPOINT MORTGAGE FUNDING, INC., moves the Court for entry of a Summary Final Judgment of Foreclosure including an award of attorney's fees to Plaintiff on the grounds that Plaintiffis entitledto such a Final Judgment as a matter of law. The substantial matter of law to be argued is the priorityof the lienof Plaintiff's mortgage over the interestof allother Defendants in the realproperty encumbered by said mortgage and Plaintiffs entitlement to an award of attorney's fees. In support of this motion, Plaintiff shows the Court: 1. Plaintifffiled its Complaint to Foreclose a Mortgage on real property located in Orange County, Florida, the legal description of which is set forth in the Complaint. 2. The provisions of the note and mortgage being sued upon in this action conferupon Plaintiff the right to accelerate all sums due thereunder upon the default thereof, and the right to forecloseall interests in the encumbered property which are inferior to the lien of said mortgage. Hubbard v. Highland Realty & Inv. Co., 156 So. 322 (Fla. 1934); Campbell v. Werner, 232 So. 2d 252 (Fla.3d D.C. A. 1970). The provisions of said note and mortgage also provide for an award of attomeys fees to Plaintiff in the event of the filing of an action for foreclosure. 08-20126 3. The pleadings and exhibits filed herein, as well as Plaintiff's affidavitin support hereof, establish that Plaintiff's mortgage is a purchase money mortgage or was recorded prior to the recording of the instmments creating the liens in favor of those Defendants who claim an interest in the real property encumbered by the mortgage. Therefore, any such interest, which may be vested in the aforesaid Defendants, is subordinate and inferior to the lien of Plaintiff's mortgage. Sarmiento v. Stockton. Whatlev. Davin & Co.. Inc.. 399 So. 2d 1057 (Fla. 3d DCA 1981), United States v. First Federal Savings and Loan Association of St. Petersburg. 155 So. 2d 192 (Fla. 2d DCA 1963). WHEREFORE, Plaintiff respectfully requests this Court grant its Motion for Summary Final Judgment of Mortgage Foreclosure including an award of attorney's fees and for such further relief as the Court deems just and proper. I HEREBY CERTIFY that a tme copy of the foregoing Motion for Summary Judgment, and the following supporting affidavits:Time & Effort, Attorney's Fees, Indebtedness, Cost were delivered to the parties on the attached mailing list by mail this M^^ day of O ^ C P M ^ , 2008. Law Offices of Marshall C. Watson, P.A. 1800 N.W. 49* Street, Suite 120 Fort Lauderdale, Fl 33309 Telephone: (954) 453-0365/1-800-441-2438 Facsimile: (954) 771-6052 By: - ^ ^ I Anissa Bolton, Esq. BarNo.: 0005193 Tenia C. Hunter FBN 0016635 08-20126 MAILING LIST Case No.: 48-2008-CA-Ol 1598 IRMA ALVAREZ-MOSQUERA 35 PALISADE AVENUE PISCATAWAY, NJ 08854 CENTRAL PARK LEE VISTA CONDOMINIUM ASSOCIATION, INC. 9101 LEE VISTA BLVD ORLANDO, FL 32829 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS NOMINEE FOR GREENPOINT MORTGAGE FUNDING, INC. 3300 SW 34TH AVE SUITE 101 OCALA, FL 34474 CARLOS A. MOSQUERA 35 PALISADE AVENUE PISCATAWAY, NJ 08854 UNKNOWN TENANT 9037 LEE VISTA BOULEVARD #1608 ORLANDO, FL 32829 08-20126