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  • GREENPOINT MORTGAGE FUNDING INC, vs. ALVAREZ MOSQUERA, IRMA et al CA - Mortgage Foreclosure (filed prior to 6/1/2009) document preview
  • GREENPOINT MORTGAGE FUNDING INC, vs. ALVAREZ MOSQUERA, IRMA et al CA - Mortgage Foreclosure (filed prior to 6/1/2009) document preview
  • GREENPOINT MORTGAGE FUNDING INC, vs. ALVAREZ MOSQUERA, IRMA et al CA - Mortgage Foreclosure (filed prior to 6/1/2009) document preview
  • GREENPOINT MORTGAGE FUNDING INC, vs. ALVAREZ MOSQUERA, IRMA et al CA - Mortgage Foreclosure (filed prior to 6/1/2009) document preview
						
                                

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IN THE CIRCUIT COURT OF THE GREENPOINT MORTGAGE FUNDING, INC., 9TH JUDICIAL CIRCUIT, IN AND FOR ORANGE Plaintiff, COUNTY, FLORIDA vs. CIVIL DIVISION IRMA ALVAREZ-MOSQUERA, et al, CASENO.: 48-2008-CA-0I1598 Defendants. NOTICE OF FILING PLEASE TAKE NOTICE that the Plaintiff, Greenpoint Mortgage Funding, Inc., has filed herewith ORIGINAL NOTE, ORIGINAL MORTGAGE, RECORDED ASSIGNMENT OF MORTGAGE. I HEREBY CERTIFY that a true copy of foregoing was delivered to the parties on the attached^ mailing list by mail this ^ t^ day of Q^ri>A\P^yCg^ (Seal) Irma AIvarez-Mosquera Carlos A. Mosquera -Borrower (Seal) (Seal) -Borrower -Borrower [Sign Original Only] Prepayment Fee Allonge - (Standard-Multistate) GreenPoint Mortgage Funding Page 1 of 1 H85000MU 06/05 lllllillllli llllilillllllillllllillililllllllllllllllllli G P M W D 0 0 8 9 1 4 8 8 4 5 1 2 1 -3o|>fo F, llllili INSTR 30060247909 OR BK 08590 PG 2175 PGS=22 MARTHft 0. HAYNIE, COHPTROLLER ' Prepared by or under the supervision of: ORANGE COUNTY, FL 04/l//a006 10505:01 AM O Iris Figueroa y- MTG DOC TAX 531.65 Z u? [Name of Natural Person] INTANG TAX 303.80 I § S^ 710 Route 46, Suite 400 REC FEE 188.50 Iz) [StreetAddress] OCZC/) i--\ £to< ^^ «(J^ Fairfield, NJ 07004 [City. State Zip Code] lillllil 5zMosq ^M 0^ (Seal) -Borrower ~7^ Irma AIvarez-Mosquera [Printed Name] V^Efinted'Name: /P/ease Complete} Mailing Address: 19 Hidden Hollow Court, Piscataway, NJ 08854 USA y^/^^ .4 ^/'^'y^m^ (Seal) Carlos A. Mosquera ^ ' -Borrower [Printed Name] Printed N a m e : [Please Complete] Mailing Address: 19 Hidden Hollow Court, Piscataway, NJ 08854 USA (Seal) -Borrower (Printed Name] Mailing Address: (Seal) -Borrower [Printed Name] Mailing Address: Florida Mortgage-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT MERS Modified Form 3010 01/01 — T H E COMPLIANCE SOURCE, I N C . — Page 14 of 15 14301 FL 04/02 www.compliancesourcc.com © 2000 The • iiv Compliance Source, Inc. IIII \,uiiiLJiiuii G P M W D 0 0 8 9 1 4 8 8 4 5 1 1 7 9py§y^^/y^^s6Aj The foregoing instrument was acknowledged before me this -if ^ Av/V>^(7/y ,:2^<^ [date] by Irma AIvarez-Mosquera and Carlos A. Mosquera [name of person acknowledging], who is personally known to me or who has produced /y/^^=7^ Ifo6-16-2008 Serial Number, ifany Florida Mortgage-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT MERS Modified Form 3010 01/01 - T H E COMPLIANCE SOURCE, INC Page 15 of 15 1430IFL 04/02 www.compliancesource.com © 2000 The Compliance Source, Inc. ni lli 11 iiiiiiiiiiiiiiiiii........... lilil III iill G P M W D 0 0 8 9 1 4 8 8 4 5 ^ - ^ c^ m File Number:- CP 1304 LEGAL DESCRIPTION Unit 1304, CENTRAL PARK ON LEE VISTA CONDOMINIUM, according to that certain Declaration of Condominium recorded in Official Records Book 8316, Page 2619, of the Public Records of Orange Cotmty, Florida. Loan Number: 0089148845 CONDOMINIUM MDER THIS CONDOMINIUM RIDER is made this 28th day of March, 2006 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Tmst or Security Deed (the "Security Instmment") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to GreenPoint Mortgage Funding, Inc. (the "Lender") of the same date and covering the Property described in the Security Instmment and located at: 9037 Lee Vista Boulevard Unit 1608, Orlando, FL 32829 [Property Address] The Property includes a unit in, togetherwith an undivided interest in the common elements of, a condominium project known as: CENTRAL PARK ON LEE VISTA CONDOMINIUM [Name of Condominium Project] (the "Condominium Project"). If the owners association or other entity which acts for the Condominium Project (the "Owners Association") holds titleto property for the benefit or use of itsmembers or shareholders, the Property also includes Borrower's interestin the Owners Association and the uses, proceeds and benefits of Borrower's interest. CONDOMINIUM COVENANTS. In addition to the covenants and agreements made in the Security Instmment, Borrower and Lender further covenant and agree as follows: A. Condominium Obligations. Borrower shall perform all of Borrower's obligations under the Condominium Project's Constituent Documents. The "Constituent Documents" are the: (i) Declaration or any other document which creates the Condominium Project; (ii)by-laws; (iii)code or regulations; and (iv)other equivalent documents. Borrower shall promptly pay, when due, all dues and assessments imposed pursuant to the Constituent Documents. B. Property Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a "master" or "blanket" policy on the Condominium Project which is satisfactory to Lender and which provides insurance coverage in the amounts (including deductible levels), for the periods, and against loss by fire, hazards included within the term "extended coverage," and any other hazards, including, but not limited to, earthquakes and floods, from which Lender requires insurance, then: (i)Lender waives the provision in Section 3 for the monthly payment to Lender of the yearly premium installments for property insurance on the Multistate Condominium Rider — Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3140 01/01 —THE COMPLIANCE SOURCE, INC.— Page 1 of3 I4S02MU 08/00 www.complianccsource.com ©2000 Tlie Compliance Source, Inc. G P M W D 0 0 8 9 lilil 4 8 8 lilil 4 5 ilililil _C>1- Property; and (ii) Borrower's obligation under Section 5 to maintain property insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. What Lender requires as a condition of this waiver can change during the term of the loan. Borrower shall give Lender prompt notice of any lapse in required property insurance coverage provided by the master or blanket policy. In the event of a distribution of property insurance proceeds in lieu of restorationor repair following a loss to the Property, whether to the unit or to common elements, any proceeds payable to Borrower are hereby assigned and shall be paid to Lender for application to the sums secured by the Security Instmment, whether or not then due, with the excess, if any, paid to Borrower. C. Public Liability Insurance. Borrower shall take such actions as may be reasonable to insure that the Owners Association maintains a public liabilityinsurance policy acceptable in form, amount, and extent of coverage to Lender. D. Condemnation. The proceeds of any award or claim for damages, direct or consequential, payable to Borrower in connection with any condemnation or other taking of all or any part of the Property, whether of the unit or of the common elements, or for any conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Such proceeds shall be applied by Lender to the sums secured by the Security Instiument as provided in Section 11. E. Lender's Prior Consent. Borrower shall not, except after notice to Lender and with Lender's prior written consent, either partition or subdivide the Property or consent to: (i) theabandonment or termination of the Condominium Project, except for abandonment or termination required by law in the case of substantial destiuction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (ii)any amendment to any provision of the Constituent Documents if the provision is forthe express benefit of Lender; (iii) terminationof professional management and assumption of self-management of the Owners Association; or (iv) any action which would have the effect of rendering the public liability insurance coverage maintained by the Owners Association unacceptable to Lender. F. Remedies. If Borrower does not pay condominium dues and assessments when due, then Lender may pay them. Any amounts disbursed by Lender under thisparagraph F shallbecome additional debt of Borrower secured by the Security Instmment. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interestfrom the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. Multistate Condominium Rider — Single Family - Fannie Mac/Freddie Mac UNIFORM INSTRUMENT Form 3140 01/01 — T H E COMPLIANCE SOURCE, I N C . — Page 2 or3 I4502MU 08/00 www.complianccsource.com ©2000, The Compliance Source, Inc. ill G lllll P M liillllllillllllllllllllll W D 0 0 8 9 1 ._IL 8 8 4 5 iill BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this Condominium Rider. -JMOfllillOa^Ogq IM (^- (Seal) A ^ J^ ,JMfkA^^ (Seal) Irma Alvarez-Mosquei^ -BoiTower Carlos A. Mosquera ^ -Bonower (Seal) (Seal) -Borrower -Borrower [Sign Original Only] Multistate Condominium Rider —Single Family — Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3140 01/01 —THE COMPLIANCE SOURCE, INC.— Page 3 of 3 HSOIMU 08/00 www.compliancesource.com _ _^ _ _ ©2000, The Compliance Source, Inc. i iGl lP lillil M W illilillllil D 0 0 8 9 1 illllllillllllil 4 8 8 4 5 1 III17 Ilililil Loan Number: 0089148845 1-4 FAMILY RIDER (Assignment of Rents) THIS 1-4 FAMILY RIDER is made this 28th day of March, 2006 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Tmst, or Security Deed (the "Security Instmment") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to GreenPoint Mortgage Funding, Inc. (the "Lender") of the same date and covering the Property described in the Security Instmment and located at: 9037 Lee Vista Boulevard Unit 1608, Orlando, FL 32829 [Property Address] 1-4 FAMILY COVENANTS. In addition to the covenants and agreements made in the Security Instmment, Borrower and Lender further covenant and agree as follows: A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In addition to the Property described in Security Instrument, the following items now or hereafter attached to the Property to the extent they are fixturesare added to the Property description, and shall also constitute the Property covered by the Security Instrument: building materials, appliances and goods of every nature whatsoever now or hereafter located in, on, or used, or intended to be used in connection with the Property, including, but not limitedto, diose for the purposes of supplying or disttibuting heating, cooling, electiicity,gas, water, air and light, fireprevention and extinguishing apparatus, securityand access contiol apparatus, plumbing, bath tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and curtain rods, attached mirrors, cabinets, paneling and attachedfloorcoverings, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by the Security Instmment. All of the foregoing together with the Property described in the Security Instrument (or theleasehold estateif the Security Instrament is on a leasehold) are referredto in this 1-4 Family Rider and the Security Instrument as the "Property." B. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shall not seek, agree to or make a change in the use of the Property or its zoning classification,unless Lender has agreed in writing to the change. Borrower shall comply with all laws, ordinances, regulations and requirements of any govemmental body applicable to the Property. C. SUBORDINATE LIENS. Except as permitted by federal law. Borrower shall not allow any lien inferior to the Security Instmment to be perfected against the Property without Lender's prior written permission. Multistate 1-4 Family Rider—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3170 01/01 —THE COMPLIANCE SOURCE, INC.— Page l of 3 14503IV1U 08/00 www.compliancesourcc.com ©2000 The Compliance Source, Inc. Illllllllllillillillllllllliillilliillllllliilllll G P M W D 0 0 8 9 1 4 8 8 4 5 1 1 7 e.^^^ D. RENT LOSS INSURANCE. Bonower shall maintain insurance against rent loss in addition to the other hazards for which insurance is required by Section 5. E. "BORROWER'S RIGHT TO REINSTATE" DELETED. Section 19 is deleted. F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in writing, Section 6 conceming Borrower's occupancy of the Property is deleted. G. ASSIGNMENT OF LEASES. Upon Lender's request after default. Borrower shall assign to Lender all leases of the Property and all security deposits made in connection with leases of the Property. Upon the assignment, Lender shall have the right to modify, extend or terminate the existing leases and to execute new leases, in Lender's sole discretion. As used in this paragraph G, the word "lease" shall mean "sublease" if the Security Instmment is on a leasehold. H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. Borrower absolutely and unconditionally assigns and tiansfersto Lender all the rents and revenues ("Rents") of the Property, regardless of to whom the Rents of the Property are payable. Borrower authorizes Lender or Lender's agents to collect the Rents, and agrees that each tenant of the Property shall pay the Rents to Lender or Lender's agents. However, Borrower shall receive the Rents until(i) Lender has given Borrower notice of default pursuant to Section 22 of the Security Instmment and (ii) Lender has given notice to the tenant(s) that the Rents are to be paid to Lender or Lender's agent. This assignment of Rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notices of default to Borrower: (i) all Rentsreceived by Borrower shall be held by Borrower as tmstee for the benefit of Lender only, to be applied to the sums secured by the Security Instmment; (ii) Lender shall be entitled to collect and receive all of the Rents of the Property; (iii) Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or Lender's agents upon Lender's written demand to the tenant; (iv)unless applicable law provides otherwise, all Rents collected by Lender or Lender's agents shall be applied first to the costs of taking contiol of and managing the Property and collecting the Rents, including, but not limited to, attorneys' fees, receiver's fees, premiums on receiver's bonds, repair and maintenance costs,insurance premiums, taxes, assessments and other charges on the Property, and then to the sums secured by the Security Instmment; (v) Lender, Lender's agents or any judicially appointed receiver shall be liable to account for only those Rents actually received; and (vi)Lender shall be entitied to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy of the Property as security. If theRents of the Property are not sufficientto cover the costs of taking control of and managing the Property and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by the Security Instiument pursuant to Section 9. Borrower represents and warrants that Borrower has not executed any prior assignment of the Rents and has not performed, and will not perform, any act that would prevent Lender from exercising its rights under this paragraph. Multistate 1-4 Family Rider—Fannie Mae/Freddie Mac UNIFORMINSTRUMENT Form 3170 01/01 — T H E COMPLIANCE SOURCE, INC. Page 2 of3 14503MU 08/00 www.compliancesource.com ©2000 The Compliance Source, Inc. lilili 6 P M lliiillliililliiiliiili W D 0 0 8 9 1 4 8 8 4 5 llllili -Qj^ 3 '\^ Lender, or Lender's agents or a judicially appointed receiver, shall not be required to enterupon, take contiol of or maintain the Property before or after giving notice of defaultto Borrower. However, Lender, or Lender's agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of Rents of the Property shall terminate when all the sums secured by the Security Instmment are paid in full. I. CROSS-DEFAULT PROVISION. Borrower's defauh or breach under any note or agreement in which Lender has an interest shall be a breach under the Security Instmment and Lender may invoke any of the remedies permitted by the Security Instmment. BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this1-4 Family Rider. iUML . (Seal) y^h^^yluc A ^ i M f j y ^ (Seal) -Borrower Carlos A. Mosquera ^ -Borrower (Seal) (Seal) -Borrower -Borrower [Sign Original Only] Multistate 1-4 Family Rider-Fannie Mae/Freddie Mac UNIFORMINSTRUMENT Form 3170 01/01 — T H E COMPLIANCE SOURCE. I N C . — Page 3 of 3 I4503MU 08/00 www.compliancesource.com ©2000, The Compliance Source, Inc. G P M W D 0 illilillllil 0 8 9 1 lllll 4 8 IIIIL.. 8 4 iilllillli 5 K DOC N ^0442527 B: 9734 P: 4325 07/22/2008 03:14:57 Pn Page 1 of 1 Rec Fee: |10.00 Doc Type: n Prepared by: Anissa Bolton, Esquire Deed Doc Tax: $0.00 Intangible Tax: $0.00 riortgage Stamp: $0.00 Record &Return to: Law Office of Marshall C. Watson Martna 0. Haynie, Comptroller Orange County, FL l800NW49"'Street, Suite 120 IIB - Ret To: LRU OFFICES OF I1ARSHALL C RECORDAND RETURNTO Fort Lauderdale, Florida 33309 Telephone: Facsimile: (954) 453-0365 (954)771-6052 i ASSIGNMENT OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: r / Z ^ r MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INCORPORATED. AS NOMINEE FOR GREENPOINT MORTGAGE FUNDING. INC. residing or located at I^Jlf'^iT' ^)va ^am^ — ^ ]il\^JjL STATE OF COUNTY OF f l ( ) ^ , OQC^ PERSOJv^LLY APPEARED B^pFpRE ME, the undersigned ed authority in and for the aforesaid county and state, on this the . day of _ acknowledged to me that (s)he is. ,^tzuzK'i^F^-mm^z the within named who that for and on behalf of Mortgage Electronic Registration Systems Incorporated, As Nominee For Greenpoint Mortgage Funding, Inc. and as its act and deed (s)he executed the above and foregoing instrument, after first having been duly authorized by Mortgage Electronic Registration Systems Incorporated, As Nominee For Greenpoint Mortgage Funding, Inc. to do so. WITNESS my hand and official seal in the County and State last aforesaid this