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Filing #53797106 E-Filed 03/15/2017 08:23:04 PM
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
WELLS FARGO BANK, NA GENERAL JURISDICTION DIVISION
Plaintiff, Case No. 29-2015-CA-0 1o1 18
vs.
The Unknown Heirs,Devisees, Grantees, Assignees,
Lienors, Creditors, Trustees, Or Other Claimants
Claiming By, Through,Under, Or Against Richard
H. Pearce A/K/A Richard Howard Pearce, Deceased,
etal
Defendants.
/
MOTION TO SUBSTITUTE PARTY ELAINTIEF
Plaintiff, WELLS FARGO BANK, NA, by and through its undersigned counsel, files its
Motion to Substitute Party Plaintiff, and in support thereof states as follows:
1 On November 4, 2015, WELLS FARGO BANK, NA filed the instant action to
foreclose on the subject property.
2. Subsequent to the commencement of this action, the subject; mortgage was
transferred to Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, not|in its individual
capacity but solely in its capacity as Owner Trustee of MATAWIN VENTURES TRUST SERIES
2016-4, who is now the real party in interest to pursue and maintain the instant action
3 Pursuant to Fla. R. Civ. P. 1.260 (c). Plaintiff requests that Wilmington Savings
Fund Society, FSB, d/b/a Christiana Trust, not in its individual capacity but solely in its capacity as
Owner Trustee of MATAWIN VENTURES TRUST SERIES 2016-4 be substitute ‘d as the Plaintiff |
|1
in this case.
4 A copy of the relevant Assignments of Mortgage, which has been r ‘ecorded February
manne
Case No. 29-2015-CA-01011
INT l inn
3/15/2017 8:23 PM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 1
22, 2017, Instrument#: 2017070110, Book 24748, Page 727 the Public Records of Hillsborough
County, Florida, is attached hereto as "Exhibit A."
5 No party to this action will be prejudiced by the granting of this Motion.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order
Substituting Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, not jin its individual
capacity but solely in its capacity as Owner Trustee of MATAWIN VENTURES TRUST SERIES
2016-4 as the party plaintiff in this action.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy hereof was served electronically or via
U.S. Mail on B15 2017 to all persons shown on the following
service list.
BROCK & SCOTT, PLLC 1
Attorney for Plaintiff
1501 N.W. 49" Street, Suite 200
Ft. Lauderdale, FL 33309
Phone: (954) 618-6955, ext. 6040
Fax: (954) 618-6954
FLCourtDocs@brockandscett-Co:
William Cobb, E:
Florida Bar No. 12630
SERVICE LIST
The following persons were served by e-mail:
The Estate of Richard H. Pearce A/K/A Richard Howard Pearce, Deceased
c/o Leonard J Connors
110 W. Reynolds Street, Suite 210
Plant City, FL 33563
Attorne \Lawfirmew.com
Case No, 29-2015-CA-010118 File # 15-F08624
3/15/2017 8:23 PM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 2
Gregory Scott Pearce A/K/A Gregory S Pearce A/K/A Gregory Pearce, As an Heir of the Estate
of Richard H. Pearce A/K/A Richard Howard Pearce, Deceased
c/o Connors & Wilkerson Law Firm, P.A.
110 W. Reynolds Street, Suite 210
Plant City, FL 33563
Attorne’ Lawfirmew.com
Trevor Allen Pearce A/K/A Trevor A Pearce, As an Heir of the Estate of Richard|H. Pearce
A/K/A Richard Howard Pearce, Deceased
C/O Connors & Wilkerson Law Firm, P.A.
110 W. Reynolds Street, Suite 210
Plant City, FL 33563
attorney@lawfirmew.com
Brandon Brook Homeowners Association, Inc.
c/o Aubrey Posey, Esq.
1022 Main Street, Suite D
Dunedin, FL 34698
pleadings@tankellawgroup.com
State Of Florida
c/o Mark S Dunn, Esq.
Office of The Attorney General The Capitol, Suite Pl-01
Tallahassee, FL 32399
Qag.Foreclose.Eserve@Myfloridalegal.com
Hillsborough County Clerk Of the Circuit Court
c/o Dale Kent Bohner, Esq.
P.O. Box 1110
Tampa, FL 33601
bohnerd@hillsclerk.com
Case No. 29-2015-CA-010118 File # 15-F08624
|
03/15/2017 8:23 PM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 3
INSTRUMENT#: 2017070109, BK: 24748 PG: 726 PGS: 726 - 726 02/22/2017 at
09:18:07 AM, DEPUTY CLERK:ADUPREE Pat Frank,Clerk of the Circuit Court,
Hillsborough County
WHEN RECORDED MAILTO:
Kondaur Capital Corporation
333 South Anita Drive, Suite 400
Orange, CA 92868
O/fe
Prepared by Duy Ho sb Q\IF
Kondaur Capital Corporation
333 South Anita Drive, Suite 400
Orange,
CA 92868 |
{Space Above This Line For Recording Data]
ASSIGNMENT OF MORTGAGE
FOR VALUE RECEIVED, Wells Fargo Bank, NA, whose address is
caneng o| 5a
hereby assi and transfer$ to Secrett ‘of Housing, Urban Development ("HUD' ‘hose address
is 451 7th |
Street, S.W., Washington, D.C, 20410, all its right, title and interest in and to that certain Mortgage executed by
Richard H Pearce, a sit person; as Individual, with an original principal amount of $204,105.00 to Wells Fargo
Bank, N.A., and bearing the date of September 05, 2014 and recorded as Instrument # 2014302968 in Book 22793,
Page 1897 on Septemb 15, er
2014 of Official Records in the Cormy Recorder's office of Hillsborough County, State
of Florida.
Coramonly known as; 209 Chardonnay Place, Valrico, FL 33594 '
Tax ID: A0697952514 / Folio: 069795-2514 / PIN: U-24-29-20-2F8-B00000-00036.0
IN WITNESS WHEREOF, the Assignor has caused these presents to be signed by Its duly authori ized |
officer this [F th day of February, 2017.
‘Wells Fargo Bank, N.A. by its attorney-in-fact Kondaur Capital ‘Corporation
By: LZ Witness: a
Name: Hanh Nguyen
a
Name: Duy Ho ©
Title: Collateral Manager
‘witness:,
Name: Tim Tang.
1
A notary public or other officer completing this certificate verifies only the identity of the individual who |
signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
‘STATE OF California )
COUNTY OF Orange )ss.
On February Ir + 2017 before me, Vannak Kang, Notary Public, personally
proved to me on the basis of satisfactory evidence by California state drivers licenseappeared Hanh Nguyen, wi ho: |
to be the person(s) whose
name(s) is/are subscribed to the within inst trument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument,
J certify that under penalty of perjury under laws of the State of California that the foregoing paragraph
is true and
WITNESS my hand and official seal,
SEZ Zea
Notary Public ef COMMISSION 8 2116578
‘My Commission Expires: June 21, 2019 ‘Notary Pubtic« Cottornia
LOBANGELES COUNTY
Leese
EXHIBIT
- 1
03/15/2017 8:23 PM Electronically Filed: Hillsborough County/13thJ udicial Circuit Pagel4
INSTRUMENT#: 2017070110, BK: 24748 PG: 727 PGS: 727 - 727 02/22/2017 at
09:18:07 AM, DEPUTY CLERK:ADUPREE Pat Frank,Clerk of the Circuit Court
Hillsborough County
WHEN RECORDED MAIL TO:
Kondaur Capital Corporation
333 South Anita Drive, Suite 400
Orange, CA 92868
$4
ang} yal
Prepared
by Duy Ho
Kondaur Capital Corporation
333 South Anita Drive, Suite 400 .
Orange,
CA 92868
pce Above This Line For Recording Data
ASSIGNMENT OF MORTGAGE
FOR VALUE RECEIVED, ‘of Housing and Urban Development ("HUD"), whose address is 451 7th
Street, S.W., Washington, D.C, 20410, hereby assigns, and transfersto WILMINGTON SAVINGS FUND
SOCIETY, FSB, D/B/A CHRISTIANA TRUST, NOT INITS INDIVIDUAL CAPACITY BUT SOLELY IN ITs
CAPACITY AS OWNER TRUSTEE OF MATAWIN VENTURES TRU: ST SERIES 2016-4 c/o Kondaur Capital
Corporation whose address is 333 South Anita Dr, Ste 400, Orange, CA 92868, all its right,
to that certain Mortgage executed by Richard H Pearce, a single person; as Individual, with antitleoriginal
and interest in and
principal
amount of $204,105,00 to Wells Fargo Bank, N.A., and bearing the date of September 05, 2014 and recorded as
Instrument# 2014302968 in Book 22793, Page 1897 on St jeptember 15, 2014 of Official Records in the County
Recorder's office of Hillsborough County, State of Fi lorida,
Commonly known as: 2 lace, Valrico, FL 33594
‘Tax ID: A0697952514 / Folio: 069795-2514 / PIN: U-24-29-20-2F8-B00000-00036.0
IN WITNESS WHEREOF, the Assignor has caused these presents to be signed by its duly authorized
officer this th day of February, 2017.
Secretary of Housing and Urban Development ("HUD") by its attomey-in-fact Koadaur: ‘Capital Corporation
By:
ome Le,
Ne lame:
Title: Collateral Manager
OR recorded 2/}0/1')
Witness:,
Name: Duy Ho.
Cc
#20/700O 24 witness:
BK 24183HE 742 Name: Tim Tang
A.notary public or other officer corapleting this certificate verifies
signed the document, to which this certificate is attached, and not theonlytruthfulness,
the identity ofthe individual wha
accuracy, or validity
of that document.
‘STATE OF California )
COUNTY OF Orange )ss.
On February » 2017 before me, ‘Vannak Kang, Notary Public, personally appeared Hanh Nguyen, ‘who,
proved to me on the basis of satisfactory evidence by California state drivers license to be the person(s) whos
name(s) is/are subscribed to the within inst strument and acknowledged to me that he/she/they executed the same it
hissher/their authorized capacity(ies), and that by hisher/their signature(s) on the instrument the person(s), or the|
entity upon behal of which
f the person(s) acted, executed the in strument.
1 certify that under penalty of perjury under laws of the State of California that the foregoing paragraph is true and
correct,
WITNESS my hond and official seal.
Notary Public \VANNAK KANG
COMMISSION # 2116878
My Commission Expires: June 21, 2019 Notary Pubic.
i 208: scone 2
can toes in th 0h
3/15/2017 8:23 PM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 5
Preview
Filing #53797106 E-Filed 03/15/2017 08:23:04 PM IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA WELLS FARGO BANK, NA GENERAL JURISDICTION DIVISION Plaintiff, Case No. 29-2015-CA-0 1o1 18 vs. The Unknown Heirs,Devisees, Grantees, Assignees, Lienors, Creditors, Trustees, Or Other Claimants Claiming By, Through,Under, Or Against Richard H. Pearce A/K/A Richard Howard Pearce, Deceased, etal Defendants. / MOTION TO SUBSTITUTE PARTY ELAINTIEF Plaintiff, WELLS FARGO BANK, NA, by and through its undersigned counsel, files its Motion to Substitute Party Plaintiff, and in support thereof states as follows: 1 On November 4, 2015, WELLS FARGO BANK, NA filed the instant action to foreclose on the subject property. 2. Subsequent to the commencement of this action, the subject; mortgage was transferred to Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, not|in its individual capacity but solely in its capacity as Owner Trustee of MATAWIN VENTURES TRUST SERIES 2016-4, who is now the real party in interest to pursue and maintain the instant action 3 Pursuant to Fla. R. Civ. P. 1.260 (c). Plaintiff requests that Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, not in its individual capacity but solely in its capacity as Owner Trustee of MATAWIN VENTURES TRUST SERIES 2016-4 be substitute ‘d as the Plaintiff | |1 in this case. 4 A copy of the relevant Assignments of Mortgage, which has been r ‘ecorded February manne Case No. 29-2015-CA-01011 INT l inn 3/15/2017 8:23 PM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 1 22, 2017, Instrument#: 2017070110, Book 24748, Page 727 the Public Records of Hillsborough County, Florida, is attached hereto as "Exhibit A." 5 No party to this action will be prejudiced by the granting of this Motion. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order Substituting Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, not jin its individual capacity but solely in its capacity as Owner Trustee of MATAWIN VENTURES TRUST SERIES 2016-4 as the party plaintiff in this action. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy hereof was served electronically or via U.S. Mail on B15 2017 to all persons shown on the following service list. BROCK & SCOTT, PLLC 1 Attorney for Plaintiff 1501 N.W. 49" Street, Suite 200 Ft. Lauderdale, FL 33309 Phone: (954) 618-6955, ext. 6040 Fax: (954) 618-6954 FLCourtDocs@brockandscett-Co: William Cobb, E: Florida Bar No. 12630 SERVICE LIST The following persons were served by e-mail: The Estate of Richard H. Pearce A/K/A Richard Howard Pearce, Deceased c/o Leonard J Connors 110 W. Reynolds Street, Suite 210 Plant City, FL 33563 Attorne \Lawfirmew.com Case No, 29-2015-CA-010118 File # 15-F08624 3/15/2017 8:23 PM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 2 Gregory Scott Pearce A/K/A Gregory S Pearce A/K/A Gregory Pearce, As an Heir of the Estate of Richard H. Pearce A/K/A Richard Howard Pearce, Deceased c/o Connors & Wilkerson Law Firm, P.A. 110 W. Reynolds Street, Suite 210 Plant City, FL 33563 Attorne’ Lawfirmew.com Trevor Allen Pearce A/K/A Trevor A Pearce, As an Heir of the Estate of Richard|H. Pearce A/K/A Richard Howard Pearce, Deceased C/O Connors & Wilkerson Law Firm, P.A. 110 W. Reynolds Street, Suite 210 Plant City, FL 33563 attorney@lawfirmew.com Brandon Brook Homeowners Association, Inc. c/o Aubrey Posey, Esq. 1022 Main Street, Suite D Dunedin, FL 34698 pleadings@tankellawgroup.com State Of Florida c/o Mark S Dunn, Esq. Office of The Attorney General The Capitol, Suite Pl-01 Tallahassee, FL 32399 Qag.Foreclose.Eserve@Myfloridalegal.com Hillsborough County Clerk Of the Circuit Court c/o Dale Kent Bohner, Esq. P.O. Box 1110 Tampa, FL 33601 bohnerd@hillsclerk.com Case No. 29-2015-CA-010118 File # 15-F08624 | 03/15/2017 8:23 PM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 3 INSTRUMENT#: 2017070109, BK: 24748 PG: 726 PGS: 726 - 726 02/22/2017 at 09:18:07 AM, DEPUTY CLERK:ADUPREE Pat Frank,Clerk of the Circuit Court, Hillsborough County WHEN RECORDED MAILTO: Kondaur Capital Corporation 333 South Anita Drive, Suite 400 Orange, CA 92868 O/fe Prepared by Duy Ho sb Q\IF Kondaur Capital Corporation 333 South Anita Drive, Suite 400 Orange, CA 92868 | {Space Above This Line For Recording Data] ASSIGNMENT OF MORTGAGE FOR VALUE RECEIVED, Wells Fargo Bank, NA, whose address is caneng o| 5a hereby assi and transfer$ to Secrett ‘of Housing, Urban Development ("HUD' ‘hose address is 451 7th | Street, S.W., Washington, D.C, 20410, all its right, title and interest in and to that certain Mortgage executed by Richard H Pearce, a sit person; as Individual, with an original principal amount of $204,105.00 to Wells Fargo Bank, N.A., and bearing the date of September 05, 2014 and recorded as Instrument # 2014302968 in Book 22793, Page 1897 on Septemb 15, er 2014 of Official Records in the Cormy Recorder's office of Hillsborough County, State of Florida. Coramonly known as; 209 Chardonnay Place, Valrico, FL 33594 ' Tax ID: A0697952514 / Folio: 069795-2514 / PIN: U-24-29-20-2F8-B00000-00036.0 IN WITNESS WHEREOF, the Assignor has caused these presents to be signed by Its duly authori ized | officer this [F th day of February, 2017. ‘Wells Fargo Bank, N.A. by its attorney-in-fact Kondaur Capital ‘Corporation By: LZ Witness: a Name: Hanh Nguyen a Name: Duy Ho © Title: Collateral Manager ‘witness:, Name: Tim Tang. 1 A notary public or other officer completing this certificate verifies only the identity of the individual who | signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ‘STATE OF California ) COUNTY OF Orange )ss. On February Ir + 2017 before me, Vannak Kang, Notary Public, personally proved to me on the basis of satisfactory evidence by California state drivers licenseappeared Hanh Nguyen, wi ho: | to be the person(s) whose name(s) is/are subscribed to the within inst trument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, J certify that under penalty of perjury under laws of the State of California that the foregoing paragraph is true and WITNESS my hand and official seal, SEZ Zea Notary Public ef COMMISSION 8 2116578 ‘My Commission Expires: June 21, 2019 ‘Notary Pubtic« Cottornia LOBANGELES COUNTY Leese EXHIBIT - 1 03/15/2017 8:23 PM Electronically Filed: Hillsborough County/13thJ udicial Circuit Pagel4 INSTRUMENT#: 2017070110, BK: 24748 PG: 727 PGS: 727 - 727 02/22/2017 at 09:18:07 AM, DEPUTY CLERK:ADUPREE Pat Frank,Clerk of the Circuit Court Hillsborough County WHEN RECORDED MAIL TO: Kondaur Capital Corporation 333 South Anita Drive, Suite 400 Orange, CA 92868 $4 ang} yal Prepared by Duy Ho Kondaur Capital Corporation 333 South Anita Drive, Suite 400 . Orange, CA 92868 pce Above This Line For Recording Data ASSIGNMENT OF MORTGAGE FOR VALUE RECEIVED, ‘of Housing and Urban Development ("HUD"), whose address is 451 7th Street, S.W., Washington, D.C, 20410, hereby assigns, and transfersto WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST, NOT INITS INDIVIDUAL CAPACITY BUT SOLELY IN ITs CAPACITY AS OWNER TRUSTEE OF MATAWIN VENTURES TRU: ST SERIES 2016-4 c/o Kondaur Capital Corporation whose address is 333 South Anita Dr, Ste 400, Orange, CA 92868, all its right, to that certain Mortgage executed by Richard H Pearce, a single person; as Individual, with antitleoriginal and interest in and principal amount of $204,105,00 to Wells Fargo Bank, N.A., and bearing the date of September 05, 2014 and recorded as Instrument# 2014302968 in Book 22793, Page 1897 on St jeptember 15, 2014 of Official Records in the County Recorder's office of Hillsborough County, State of Fi lorida, Commonly known as: 2 lace, Valrico, FL 33594 ‘Tax ID: A0697952514 / Folio: 069795-2514 / PIN: U-24-29-20-2F8-B00000-00036.0 IN WITNESS WHEREOF, the Assignor has caused these presents to be signed by its duly authorized officer this th day of February, 2017. Secretary of Housing and Urban Development ("HUD") by its attomey-in-fact Koadaur: ‘Capital Corporation By: ome Le, Ne lame: Title: Collateral Manager OR recorded 2/}0/1') Witness:, Name: Duy Ho. Cc #20/700O 24 witness: BK 24183HE 742 Name: Tim Tang A.notary public or other officer corapleting this certificate verifies signed the document, to which this certificate is attached, and not theonlytruthfulness, the identity ofthe individual wha accuracy, or validity of that document. ‘STATE OF California ) COUNTY OF Orange )ss. On February » 2017 before me, ‘Vannak Kang, Notary Public, personally appeared Hanh Nguyen, ‘who, proved to me on the basis of satisfactory evidence by California state drivers license to be the person(s) whos name(s) is/are subscribed to the within inst strument and acknowledged to me that he/she/they executed the same it hissher/their authorized capacity(ies), and that by hisher/their signature(s) on the instrument the person(s), or the| entity upon behal of which f the person(s) acted, executed the in strument. 1 certify that under penalty of perjury under laws of the State of California that the foregoing paragraph is true and correct, WITNESS my hond and official seal. Notary Public \VANNAK KANG COMMISSION # 2116878 My Commission Expires: June 21, 2019 Notary Pubic. i 208: scone 2 can toes in th 0h 3/15/2017 8:23 PM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 5