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Filing #14767560 Electronically Filed 06/12/2014 06:23:36 PM
IN THE CIRCUIT COURT OF THE 9TH
JUDICIAL CIRCUIT, IN AND FOR
ORANGE COUNTY, FLORIDA.
CASE No.: 2008-CA-011867-O
U.S. BANK, NATIONAL ASSOCIATION, AS
TRUSTEE RELATING TO J.P.MORGAN
MORTGAGE ACQUISITION CORP. 2005-FRE1
ASSET BACKED PASS-THROUGH
CERTIFICATES SERIES 2005-FRE1,
Plaintiff,
vs.
RALPH BENITEZ, et.al.,
Defendants.
/
PLAINTIFF’S MOTION TO CANCEL FORECLOSURE SALE
Plaintiff, U.S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE RELATING TO
JP.MORGAN MORTGAGE ACQUISITION CORP. 2005-FRE1 ASSET BACKED PASS-
THROUGH CERTIFICATES SERIES 2005-FRE1, by and through its undersigned counsel, moves
to cancel the mortgage foreclosure sale scheduled in the instant matter and in support thereof states:
1 On December 3, 2008, this Court entered a Summary Final Judgment of Foreclosure pursuant
to which a foreclosure sale was scheduled for February 3, 2009.
The judicial sale scheduled for February 3, 2009 was cancelled due to the Defendant being
considered for loan modification.
Defendant, after consideration, did not qualify for loan modification.
The judicial sale was rescheduled for July 7, 2009.
The judicial sale scheduled for July 7, 2009 was cancelled due to the Defendant being
considered for loan modification.
Defendant, after consideration, did not qualify for loan modification.
The judicial sale was rescheduled for January 5, 2010.
The judicial sale scheduled for January 5, 2010 was cancelled due to the Defendant being
considered for loan modification.
Defendant, after consideration, did not qualify for loan modification.
10. The judicial sale was rescheduled for April 6, 2010.
ll The judicial sale scheduled for April 6, 2010 was cancelled due to Defendant being
considered for a loan modification.
12. Defendant, after consideration, does not qualify for a loan modification.
13 The judicial sale was rescheduled for November 15, 2012.
14 The Judicial sale scheduled for November 15, 2012 was cancelled due to Defendant
being considered for a loan modification pursuant to HAMP.
15. Defendant, after consideration, does not qualify for a loan modification pursuant to
HAMP.
16 The judicial sale was rescheduled for March 4, 2013.
17 The judicial sale scheduled for March 4, 2013 was cancelled due to the Defendant attempting
to complete a short sale.
18 The judicial sale was rescheduled for February 13, 2014.
19 The judicial sale scheduled for February 13, 2014, was held with Plaintiff as the successful
bidder.
20. An objection to the February 13, 2014 judicial sale was Granted by this court on April 14,
2014. The judicial sale was rescheduled for June 24, 2104.
21 The sale needs to be cancelled for the following reason(s):
a. X _—__ Plaintiff and Defendant are continuing to be involved in loss mitigation
pursuant to HAMP; see attached Hardship Application currently under review —
Exhibit “A”.
Defendant is negotiating for the sale of the property that is the subject of this
matter and the Plaintiff wants to allow the Defendant an opportunity to sell the
property and pay off the debt that is due and owing to Plaintiff.
Defendant has entered into a contract to sell the property that is the subject of
this matter and Plaintiff wants to give the Defendant an opportunity consummate the
sale and pay off the debt that is due and owing to Plaintiff.
Defendant has filed a Chapter ** Petition under the Federal Bankruptcy
Code:
Plaintiff has ordered but has not received a statement of value/appraisal for
the property;
Plaintiff and Defendant have entered into a Loan Modification see attached-
“Exhibit A”.
The **newspaper** failed to publish a Notice of Sale in a timely manner as
directed by the Clerk of this Court;
Other
22 “Foreclosures are equitable proceedings under Florida law and settlements between litigants
are favored.” Wells Fargo Bank, N.A. at Trustee v. Lupicia, 35 FLW D1256 (Fla. 5" DCA
2010). It would be a gross abuse of discretion to deny the parties the relief sought herein if
this motion is unopposed. Id. citing Opportunity Funding I, LLC v. Otetchestvennyi, 909
S.2d 361 (Fla. 4" DCA 2005).
WHEREFORE, Plaintiff respectfully requests this Court enter an order cancelling the
foreclosure sale entitling Plaintiff to re-set such sale upon submission of future motion to the Court
and requests such other and further relief as this Court deems just and proper.
I HERE! CERTIFY that a true and correct copy of the foregoing Motion has been
fail [ ] Federal Express Mail [\/] E-Mail to all parties on the attached
furnished by [
mailing list this ae day of June, 2014.
Respectfully submitted,
Clarfield, Okon, Salomone & Pincus, P.L.
500 South Australian Ave, Suite 730
West Palm Beach, FL 33401
Phone: (561) 713-1400
Facsimile: (561) 713-1401
E-mail: pleadings@cosplaw.com
-
BY
Emily A. Dillon
Fl. Bar #: 0094093
SERVICE LIST
CASE No.: 2008-CA-011867-O
Darren M. Soto, Esq.
Attorney for Ralph Benitez, Sr. a/k/a Rafael Benitez
419 North Magnolia Avenue
Orlando, FL 32801
E-Servel: dsoto@mylawsolution.com
E-Serve2: Darren@darrensotolaw.com
Tel: (407) 982-3663
Cecilia Benitez
208 Havelock Street
Orlando, FL 32824
Ninette S. Fletcher, P.A.
Attorney for Southchase Phase 1B community Association, Inc.
156 South Charles Richard Beall Blvd., Suite 2
Debary, FL 32713
Email Address not provided with Florida Bar Association
Southchase Parcel 45 Community Association, Inc.
c/o: Gasperoni & Fletcher (RA)
156 South Charles Richard Beall Blvd., Suite 2
Debary, FL 32713
Mortgage Electronic Registration Systems, Inc.
As Nominee for Fremont Investment & Loan
c/o Any Officer
1200 S. Pine Island Rd.
Plantation, FL 33324
FESO ICICI RIGA ISG CIRIG GIGI GIGI IOI IO II AIC
CLARFIELD, OKON, SALOMONE & PINCUS, P.L.
Attorney for Plaintiff
500 South Australian Avenue, Suite 730
West Palm Beach, Florida 33401
Telephone: (561) 713-1400
Fax: (561) 713-1401
E-Serve: pleadings@cosplaw.com
Making Home Affordable Program LOW
Request for Mortgage Assistance (RMA) MAKING HOME ‘AFFORDABIE cov
Request For “ASSISLa
SS (RMA pages RAG FE THIS FON
assistance for
f mortgage loan number:
neo Ralp a en: f! —
1/We want to: ‘Keep the property (sell the property
The property is my/our: [Primary residence C1Second home {C1 Investment property
The property is: Dbwner occupied 1 Renter occupied ClVacant
Borrower information
Borrower \Co-borrower
Borrower's name. Co-borrower’s name
Cc eer ha Beulez
jocial Security number Date of birth ‘Social Security number [Date of birth
‘Home ph one number, fome phone puinber:
||
Yet) a
Cell phone number Cell phone number
Email address Email address
Mailing address Mailing address (if different than borrower's)
Fh Vow ort St OruondoHr gery
Have you contacted a credit-counseling ageneyforhelp? ClYes ZfNo
If yes, complete counselor contact information below.
Counselor's name: Counselor's phone number: ( )
Counselor's email:
Is any borrower a service member? [[] Yes ito
Ifyes, have you recently been ‘loyed away from your principal residence or recently received a permanent change of station order?
OYes [No
Mave you filed for bankruptcy? []Yes [No
Ifyes: (]) Chapter 7 Ci Chapter 11 O chapter 12 CO chapter 13
Filing date: Has your bankruptcy been discharged? OYes ONo
Request for Mortgage Assistance Form
RFDocTyp} {50431
Page 1 of 10 78381M HJ 05/12
BARCGDE
EXHIBIT "A"
Are the taxes current? (es DNo
Monthly condominium or homeowners association fee? O ves _—_
Are fees paid current? Oves Ono
Paid to (Name and Address) fof Motch feat Cy deavices ;
ASOGIM ON Mamijenent 110 N.0Ab Ave Marland G1 9r7eI
Who pays the homeowners insurance policy for your property?
Oh do [Boervicer does [Paid by condominium or homeowners association (HOA)
Isthe policy current? [Aves L1No
If paid by you or your condominium or HOA , name of insurance company’,
Insurance company phone number: (
Annual homeowners insurance: $
If there are additional liensfmortgages or, judgments on this property, name the person(s), company or firm and phone}
number(s).
Lien holder's name/Servicer:. Phone number: ( )
Loan number: Balance: $.
Lien holder's name/Servicer: Phone number: ( )
bean number: Balance: $.
Complete this section ONLY if you are requesting mortgage assistance with a property that is not your principal residerfe.
Principal residence servicer name: ____
Principal residence phone number: ( )
Is the mortgage on your principal residence paid? Olyes [INo
Ifno, number of months your payment is past due (if known):,
Hardship Affidavit
Tam requesting review under the Making Home Affordable Program. I am having difficulty making my monthly payment because of finan §1
difficulties created by (check all that apply):
CO My household income has been reduced. For example: reduced pay or hours, decline in business earnings, death, disability or divorce o}
orrower or co-borrower, 1
My monthly debt payments are excessive and J am overextended with my creditors. Debt includes credit cards, home equity or other delf
my expenses have increased. For example: monthly mortgage payment reset, high medical or health care costs, uninsured losses, increapfd
utilities or property taxes.
(iy cash reserves, including all liquid assets, are insufficient to maintain my current mortgage payment and cover basic living expenses the
same time.
(11am unemployed and (a) I am receiving/will receive unemployment benefits or (b) my unemployment benefits ended less than 6 mont ago.
Request for Mortgage Assistance Form RFDoctypeHloa3i
Page
3 of 10 78381M 15/12
BARCODE
ten
(Other
Explanation (continue on back of page 3 if necessary):
‘Request for Mortgage Assistance Form RFDoc’ 1c 432
Page
4 of 10 78381MU (12
BARCODE
Information about your other properties
Other properties owned
You must provide information about all properties that you or the co-borrower own, other than your principal residence and the property tH
you are requesting assistance for. (See below.) Use additional sheets if necessary.
Other Property #1
Property address:.
Loan number:. A Servicer name:
Mortgage balance: $. Current value: $.
Property is: D vacant D Second or seasonal home Oi Rented
Gross monthly rent: §. Monthly mortgage payment*: $
Other Property #2
Property address‘,
Loan number:, Servicer name:
Mortgage balance: $. Current value: S,
Property is: O Vacant O Second or nal home Oi Rented
Gross monthly rent: $. Monthly mortgage payment: 8.
Other Property #3.
Property address:
‘Loan number: Servicer name;
Mortgage balance: $. Current value: $
Property is: CO Vacant (Second or seasonal home nted
Gross monthly rent: $. Monthly mortgage payment: $
* The amount of the monthly payment made to your Servicer — includin; if applicable, monthly principal, interest, real property taxes and
insurance premiums.
Other property for which assistance is requested
Complete this section ONLY if you are requesting mortgage assistance with a p! rty that is not your principal residence.
Iam requesting mortgage assistance with a rental property. (J Yes ONo
Tam requesting mortgage assistance with a second or seasonal home. DO Yes No
I€yes to either,
{ want to: i Keep the property O Sell the property
Property address;
Loan number:.
Request for Mortgage Assistance Form RFDoclype 44431
Page 6 of 10 78380 fe
BARCODE
Do you havea second mortgage on the property? = ([] Yes gro
Ifyes, Servicer name:, Loan number:,
Do you have condominium or homeowner association (HOA) fees? O Yes C1No
Ifyes, monthly fee: $,
Are HOA fees paid current? Dyes ONo
Name and address that fees are paid to:
Does your mortgage payment include taxes and insurance? A Yes E] no
If no, are the taxes and insurance paid current? [_] Yes Ono
If insurance
is paid by you or HOA, name of insurance company:_. Insurance company phone number
ye —_
Annual homeowners insurance: $. Annual property taxes: §.
Tf requesting assistance with a rental property, property is currently:
C)Vacant and available for rent O Occupied without rent by your legal dependent, parent or grandparent as their principal residence
(Occupied by a tenant as their principal residence [[] Other
If rental property is occupied by a tenant:
‘Term of lease: /occupancy: -
wa} DD YYYY MM/ wD YYYY
Gross monthly rent: $.
If rental property is vacant, describe efforts to rent property:
,
_—— ae —
If applicable, describe relationship of and duration of non-rent paying occupant of rental property:
Is the property forsale? [1 Yes ONo
If: yes, listing agent's name: Phone number: ( ),
List date:
Have you received a purchase offer? [1] Yes ONo
Amount of offer: $. Closing date:
1
Rental Property Certification
You must complete this certification if you are requesting a mortgage modification with respect to a rental property.
(1 By checking this box and initialing below, | am requesting a mortgage modification under MHA with respect to the rental property as.
previously described and I hereby certify under penalty of perjury that each of the following statements is true and correct with respect
that property:
1, intend to rent the property to a tenant or tenants for at least five years following the effective date of my mortgage modification. I
understand that the servicer, the U.S. Department of the Treasury, or their respective agents may ask me to provide evidence of my inteftion
to rent the property during such time. I further understand that such evidence must show that I used reasonable efforts to rent the propaty
Request for Mortgage Assistance Form RFDocType 4443:
Page 7of 10 78381MU 12
BARCO. E
‘
toa tenant or tenants on a year-round basis, if the property is or becomes vacant during such five-year period. Note: The term “reaso! le
efforts” includes, without limitation, advertising the property for rent in local newspapers, websites or other commonly used forms ot f
written or electronic media, and/or engaging a real estate or other professional to assist in renting the property, in either case, at or belfiw
market rent,
2, The property
is not my secondary residence and I do not intend to use the property as a secondary residence for at least five years.
following the effective date of my mortgage modification. I understand that if! do use the property as a secondary residence during su:
five-year period, my use of the property may be considered to be inconsistent with the certifications I have made herein. Note: The tery]
“secondary residence” includes, without limitation, a second home, vacation home orother type of residence that I personally use or ofipy
on a part-time, seasonal or other basis.
3. I do not own more than five (5) single-family homes (i.¢., one-to-four unit properties) (exclusive of my principal residence).
Notwithstanding the foregoing certifications, I may at any time sell the property, accupy it as my principal residence, or|
permit my legal dependent, parent or grandparent to occupy it as their principal residence with no rent charged or collaited,
none of which will be considered to be inconsistent with the certifications made herein,
This certification is effective on the date I signed this form or the date the RMA is received by your Servicer.
Initials: Borrower: fits Co-borrower: C.
Dodd-Frank Certification
‘The following information is requested by the federal government in accordance with the Dodd-Frank Wall Street Reform and Consumer
{
Protection Act (Pub. L.111-203). You are required to furnish this information. The law provides that no person shall be eligible to b jin
receiving assistance from the Making Home Affordable Program, authorized under the Emergency Economic Stabilization Act of 2008 (12 S.C.
5201 et seq.), or any other mortgage assistance program authorized or funded by that Act, if such person, in connection with a mortgage or fal
estate transaction, has been convicted, within the last 10 years, of any one of the following: (A) felony larceny, theft, fraud, or forgery, (B) mphey
laundering or (C) tax evasion.
I certify under penalty of perjury that I have not been convicted within the last 10 years of any one of the following in connection with a mot age
or real estate transaction:
(a) felony larceny, theft, fraud, or forgery,
(b) money laundering or
(©) tax evasion,
J understand that the servicer, the U.S. Department of the Treasury, or their respective agents may investigate the accuracy of my statementAiby
performing routine background checks, including automated searches of federal, state and county databases, to confirm that I have not bee!
convicted of such crimes. I also understand that knowingly submitting false information may violate Federal law. This certification is effecti on
the dateI signed this form or the date this RMA is received by your servicer.
Borrower and Co- Borrower Acknowledgment and Agreement
1. I certify that all of the information in this RMA is truthful and the hardship(s) identified above has contributed to submission of this requqdt
for mortgage relief.
2. [understand and acknowledge that the Servicer, the U.S. Department of the Treasury, the owner or guarantor of my mortgage loan, or thd! ir
respective agents may investigate the accuracy of my statements, may require me to provide additional supporting documentation and that
‘knowingly submitting false information may violate Federal and other applicable law.
3. [authorize and give permission to the Servicer, the U.S. Department of Treasury, and their respective agents, to assemble and use a curre
consumer report on all borrowers obligated on the loan to investigate each borrower's eligibility for MHA and the accuracy of my statementq pnd
any documentation that I provide in connection with my request for assistance, I understand that these consumer reports may include, withput
limitation, a credit report, and be assembled and used at any point during the application process to assess each borrower's eligibility thereafter.
4. Lunderstand that ifI have intentionally defaulted on my existing mortgage, engaged in fraud or if it is determined that any of my stateme! or
any information contained in the documentation that | provide are materially false and that I was ineligible for assistance under MHA, the
Servicer, the U.S. Department of the Treasury, or their respective agents may terminate my participation in MHA, including any right to ful
benefits and incentives that otherwise would have been available under the program, and also may seek other remedies available at law and
equtity, such as recouping any benefits or incentives previously received.
5. I certify that any property for which I am requesting assistance is a habitable residential Proper that is not subject to a condemnation noffce.
Request for Mortgage Assistance Form RFDoclype 431
Page 8 of 10 78381MU 4h/12
BARCODE
6. I certify that 1 am willing to provide all requested documents and to respond toall Servicer communications in a Limely auanner. T unde ad,
that time is of the essence.
7, Lunderstand that the Servicer will use the information I provide to evaluate my eligibilily (or available relief options and foreclosure
alternatives, but the Serviceris not obligated to offer me assistance based solely on the representations in this document or other document
submitted in connection with my request.
8.Cam wi vg to commit to ctedit counsclingif is determined that my financial hardship is related to excessive debt.
9, 101 am eligible (or assistauce under MHA, und J accept and agree to all terms of an MHA notice, lan or agreement, [also agroc that the: Irms
‘of this Acknowledgment and Agreement are incorporated into such notice, plan or agreementby ref fs ences as if set forth therein full. My fi
timely payment, if required, following my Seryicer's deteronination and notification of iny eligibility or prequalification for MHA assislauce an
serve as my acceptance of the terms set forth in the notice, plan, or agreement sent ta me.
10. | understand that the Servicer will collect and record personal iafurmnatic icluding, but not limited to, my name, address, telephone
number, Social Socurity number, credit score, income, payment tory, srnment monitoring information, and information about accou!
balances and activity. I understand and consent to the disclosure of my personal information and the tenns of any Making Hoe A(Conlabi
Agreement by Servicer to (a) the U.S. Department of the Treasury ori agente, (b) Fannie Mac.and Freddie Mac in connection with their
responsibilities under the Homeowner Affordability and Stability Plan; (c) any investor, insurer, guarantor or Servicer that owns, insures,
guarantees or services iny fixst Hien or subordinate lien (if applicable) mortgage loans); (d) companies and ur individuals that perform supy
services in conjunction with home preservation mortgage assistance efforts; (¢) auditors, including but not limited to independent auditors,
regulators and agencies and (f) any HUD-certified housing counselor,
11, consent to being contacted concerning this request for mortgage assistance at any email address or cellular or mobile telephone numbe}
have provided to the Servicer. this includes text messages and telephone calls to ny cellular ur mobile telephone.
Borrower signature(s):
‘The undersigned certifies under penalty of perjury that all statements in this document are true and correct.
Auth, Awl,
Borrower signdture
Non ee
Co-borrower signature
Rust
Co-burrower Social Security number
—-—
‘Borrower date of birth
6C \o hy
Date Date
Request
for Mortgage Assistance Form 78381MU p5/s2
Page
9 of 0
BARCO)E
Tatetviewers phone number (include area coaey co
Name Address of interviewers employer
-
Notice to Borrower’
lite advised that yoo are sign his document under penalty of perjury. Any misstatement of material tact made in the completion of these|
(documents including but not limited to misstatement regarding your Occupancy ip your huine, hardship cirenmstances, jor income will
[subject you to potentia} crimiual investigation and prosecution for the following crimes: perjury, false statements, mail fraud, and wire frau
he information contained in these documents is subject to examination and verification. Any potential mistepresentation will be referred
ithe appropriate law enforcement authority for investigation and prosecution.
emaE}
‘Ifyou are aware of fraud, waste, abnse, mismanagement ot raistepresentations afGliated with the Troubled Asset Relie
Program, please contact the SIGTARP Hotline by calling (-877-SIG-2009 (tull-ree), 202-422-4559 (fax), oF
www.sigtarp.gov. Muil can be sent to Hotline Office af the Special Inspector General for Troubled Asset Reliet apts
Program, 1801 T,St, NW, Washington, DC 20220.
a
‘om 4506-T
(Rev, January 2012)
Request for Transcript of Tax Return
| OMB Na. 1645-1872
Devaar ‘of the Treasury > Request may be rejected if the form Is incomplete or illegible.
Tip. Use Form 4506-T to order a transcript or other return information free of charge. See the product list below. You can quickly request transcripts by using
our automated self-help service tools. Please visit us at IRS.gov and click on “Ordera Transcript" or call 1-800-908-9946. If you need a copy of your return,
Form 4506, Request for Copy of Tax Return. There ia a fee to geta copy of your return.
1a Name shown on tax return. ff a joint return, enter the name ‘1b First social security number on tax return, individual ‘identification |
number, or employer identification number (see instructions)
2a fa joint return, enter Spous
I, <. <,
=
‘name shown on tax return 2b Second social ‘number or individual taxpayer
identification number if joint tax
Ceafin Bemrez
‘3 Current name, address (including apt., room, or suite no.), city, state, and
OF Havetloe St7 onl 3252
4 Previous address shown on the last return fied if different from line 3 (see instructions)
6 If the transcript or tax information is to be mailed to a third party (such as a mortgage company), enter the third party's name, address,
and telephone number.
Caution, if the tax transcriptis being mailed to a third party, ensure that you have filled in lines 6 through 9 before signing. Sign and date the form on|
you have filed in these lines. Completing these steps helps to protect your privacy. Once the IRS discloses your iRS transcript to the third party listed]
on tine 5, the IRS has no contro! over what the third party does with the information. if you would like to limit the third party's authority to disclose you
transcript information, you can specify this limitation in your written agreement with the third party.
6 Transcript requested, Enter the tax form number hee (1040, 1065, 1120, etc.) and check the appropriate box below, Enter only one tax
number per request. > 4
Return Transerip which includes most of the line items of @ tax return as filed with the IRS. A tax return transcript does not reflect
I
changes made to account after the retum is processed. Transcripts are only available for the following retums: Form 1040 series,
Form 1065, Form 1120, Form 1120A, Form 1120H, Form 1120L, and Form 1120S. Retum transcripts are avaltable for the current year
l-
and returns processed during the prior3 processing years. Most requests will be processed within 10 business days
Account Transcript, which contains information on the financial status of the account, such as payments made on the account, penalty
assessments, and adjustments made by you or the IRS after the return was filed, Return information ts fimited to items such as tax liability
and estimated tax payments. Account transcripts are available for most returns, Most requests will be processed within 30 calendar days
Record which provides the most detailed information as it is a combination of the Return Transcript and the Account
Trane Available for current year and 3 prior tax years. Most requests will be processed within 30 calendar days.
Verification of Nonfiling, which is proof from the IRS that you did not file a return for the year. Current year requests are only available
after June 15th. There are no availability restrictions on prior year requests. Most requests will be processed within 10 business days
Form W-2, Form 1099 series, Form 1098 series, or Form 5498 series transcript. The IRS can provide a transcript that includes data from
these information retums. State or local information is not included with the Form W-2 Information. The IRS may be able to provide this
transcript information for up ta 10 years. Information for the current year is generally not available untl the year after itis filed with the IRS.
For example, W-2 information for 2010, filed in 2011, will nat be available from the IRS until 2012. If you need W-2 information for retirement
purposes, you should contact the Social Security Administration at 1-800-772-1213. Most requests will be processed within 45 days
Caution. if you need@ copy
of Form W-2 or Form 1099, you should first contact the payer. To get a copy of the Form W-2 or Form 1099 filed
b
with your retum, you must use Form 4506 and requesta copy af your return, which includes all attachments.
9 Year or period requested. Enter the ending date of the year or period, using the mmvdd/yyyy format. If you are requesting more than fpr
years or periods, you must attach another Form 4506-T. Far requests relating to quarterly tax returns, such as Form 941, you must er
each quarteror tax period separately. 2S AN29) 12131 lang
Check tis box it you nave noted the IRS or the IRS has notified you that one of tho year fr which you ee requesting a transcript
involved Identity theft on your federal tax return.
Caution, Do nat sign this form unless all applicablelines have been. completed.
Signature of taxpayer(s). 1 declare that | am either the taxpayer whose name is shown on line 1a or 2a, or a person authorized to obtain the f4x
information requested. If the request applies to a joint return, either husband or wife must sign. if signed by a corporate officer, partner, guardian, x
matters partner, executor, receiver, istrator, trustee, or party other than the taxpayer, | certify that | have the authority to execute Form 4506-Tign
‘behalf of the taxpayer. Note. For transcripts being sent to a third party, this form must be received within 120 days of the signature date.
Phone number of taxpayer on i
» ebph ont,
taor
S= 36" pony
Signature (see inbtructions) Date.
Sign
Here i ‘above is & carporation, partnerst r ‘estate, or trust)
[F-30- dery
ak
Ss ‘5Sino
For Privacy Act and Paperwork Reduction Act Notice, see page 2. Cat. No. 37667N Form 4506-T (ev. 1-242)
ee
Preview
Filing #14767560 Electronically Filed 06/12/2014 06:23:36 PM IN THE CIRCUIT COURT OF THE 9TH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA. CASE No.: 2008-CA-011867-O U.S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE RELATING TO J.P.MORGAN MORTGAGE ACQUISITION CORP. 2005-FRE1 ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2005-FRE1, Plaintiff, vs. RALPH BENITEZ, et.al., Defendants. / PLAINTIFF’S MOTION TO CANCEL FORECLOSURE SALE Plaintiff, U.S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE RELATING TO JP.MORGAN MORTGAGE ACQUISITION CORP. 2005-FRE1 ASSET BACKED PASS- THROUGH CERTIFICATES SERIES 2005-FRE1, by and through its undersigned counsel, moves to cancel the mortgage foreclosure sale scheduled in the instant matter and in support thereof states: 1 On December 3, 2008, this Court entered a Summary Final Judgment of Foreclosure pursuant to which a foreclosure sale was scheduled for February 3, 2009. The judicial sale scheduled for February 3, 2009 was cancelled due to the Defendant being considered for loan modification. Defendant, after consideration, did not qualify for loan modification. The judicial sale was rescheduled for July 7, 2009. The judicial sale scheduled for July 7, 2009 was cancelled due to the Defendant being considered for loan modification. Defendant, after consideration, did not qualify for loan modification. The judicial sale was rescheduled for January 5, 2010. The judicial sale scheduled for January 5, 2010 was cancelled due to the Defendant being considered for loan modification. Defendant, after consideration, did not qualify for loan modification. 10. The judicial sale was rescheduled for April 6, 2010. ll The judicial sale scheduled for April 6, 2010 was cancelled due to Defendant being considered for a loan modification. 12. Defendant, after consideration, does not qualify for a loan modification. 13 The judicial sale was rescheduled for November 15, 2012. 14 The Judicial sale scheduled for November 15, 2012 was cancelled due to Defendant being considered for a loan modification pursuant to HAMP. 15. Defendant, after consideration, does not qualify for a loan modification pursuant to HAMP. 16 The judicial sale was rescheduled for March 4, 2013. 17 The judicial sale scheduled for March 4, 2013 was cancelled due to the Defendant attempting to complete a short sale. 18 The judicial sale was rescheduled for February 13, 2014. 19 The judicial sale scheduled for February 13, 2014, was held with Plaintiff as the successful bidder. 20. An objection to the February 13, 2014 judicial sale was Granted by this court on April 14, 2014. The judicial sale was rescheduled for June 24, 2104. 21 The sale needs to be cancelled for the following reason(s): a. X _—__ Plaintiff and Defendant are continuing to be involved in loss mitigation pursuant to HAMP; see attached Hardship Application currently under review — Exhibit “A”. Defendant is negotiating for the sale of the property that is the subject of this matter and the Plaintiff wants to allow the Defendant an opportunity to sell the property and pay off the debt that is due and owing to Plaintiff. Defendant has entered into a contract to sell the property that is the subject of this matter and Plaintiff wants to give the Defendant an opportunity consummate the sale and pay off the debt that is due and owing to Plaintiff. Defendant has filed a Chapter ** Petition under the Federal Bankruptcy Code: Plaintiff has ordered but has not received a statement of value/appraisal for the property; Plaintiff and Defendant have entered into a Loan Modification see attached- “Exhibit A”. The **newspaper** failed to publish a Notice of Sale in a timely manner as directed by the Clerk of this Court; Other 22 “Foreclosures are equitable proceedings under Florida law and settlements between litigants are favored.” Wells Fargo Bank, N.A. at Trustee v. Lupicia, 35 FLW D1256 (Fla. 5" DCA 2010). It would be a gross abuse of discretion to deny the parties the relief sought herein if this motion is unopposed. Id. citing Opportunity Funding I, LLC v. Otetchestvennyi, 909 S.2d 361 (Fla. 4" DCA 2005). WHEREFORE, Plaintiff respectfully requests this Court enter an order cancelling the foreclosure sale entitling Plaintiff to re-set such sale upon submission of future motion to the Court and requests such other and further relief as this Court deems just and proper. I HERE! CERTIFY that a true and correct copy of the foregoing Motion has been fail [ ] Federal Express Mail [\/] E-Mail to all parties on the attached furnished by [ mailing list this ae day of June, 2014. Respectfully submitted, Clarfield, Okon, Salomone & Pincus, P.L. 500 South Australian Ave, Suite 730 West Palm Beach, FL 33401 Phone: (561) 713-1400 Facsimile: (561) 713-1401 E-mail: pleadings@cosplaw.com - BY Emily A. Dillon Fl. Bar #: 0094093 SERVICE LIST CASE No.: 2008-CA-011867-O Darren M. Soto, Esq. Attorney for Ralph Benitez, Sr. a/k/a Rafael Benitez 419 North Magnolia Avenue Orlando, FL 32801 E-Servel: dsoto@mylawsolution.com E-Serve2: Darren@darrensotolaw.com Tel: (407) 982-3663 Cecilia Benitez 208 Havelock Street Orlando, FL 32824 Ninette S. Fletcher, P.A. Attorney for Southchase Phase 1B community Association, Inc. 156 South Charles Richard Beall Blvd., Suite 2 Debary, FL 32713 Email Address not provided with Florida Bar Association Southchase Parcel 45 Community Association, Inc. c/o: Gasperoni & Fletcher (RA) 156 South Charles Richard Beall Blvd., Suite 2 Debary, FL 32713 Mortgage Electronic Registration Systems, Inc. As Nominee for Fremont Investment & Loan c/o Any Officer 1200 S. Pine Island Rd. Plantation, FL 33324 FESO ICICI RIGA ISG CIRIG GIGI GIGI IOI IO II AIC CLARFIELD, OKON, SALOMONE & PINCUS, P.L. Attorney for Plaintiff 500 South Australian Avenue, Suite 730 West Palm Beach, Florida 33401 Telephone: (561) 713-1400 Fax: (561) 713-1401 E-Serve: pleadings@cosplaw.com Making Home Affordable Program LOW Request for Mortgage Assistance (RMA) MAKING HOME ‘AFFORDABIE cov Request For “ASSISLa SS (RMA pages RAG FE THIS FON assistance for f mortgage loan number: neo Ralp a en: f! — 1/We want to: ‘Keep the property (sell the property The property is my/our: [Primary residence C1Second home {C1 Investment property The property is: Dbwner occupied 1 Renter occupied ClVacant Borrower information Borrower \Co-borrower Borrower's name. Co-borrower’s name Cc eer ha Beulez jocial Security number Date of birth ‘Social Security number [Date of birth ‘Home ph one number, fome phone puinber: || Yet) a Cell phone number Cell phone number Email address Email address Mailing address Mailing address (if different than borrower's) Fh Vow ort St OruondoHr gery Have you contacted a credit-counseling ageneyforhelp? ClYes ZfNo If yes, complete counselor contact information below. Counselor's name: Counselor's phone number: ( ) Counselor's email: Is any borrower a service member? [[] Yes ito Ifyes, have you recently been ‘loyed away from your principal residence or recently received a permanent change of station order? OYes [No Mave you filed for bankruptcy? []Yes [No Ifyes: (]) Chapter 7 Ci Chapter 11 O chapter 12 CO chapter 13 Filing date: Has your bankruptcy been discharged? OYes ONo Request for Mortgage Assistance Form RFDocTyp} {50431 Page 1 of 10 78381M HJ 05/12 BARCGDE EXHIBIT "A" Are the taxes current? (es DNo Monthly condominium or homeowners association fee? O ves _—_ Are fees paid current? Oves Ono Paid to (Name and Address) fof Motch feat Cy deavices ; ASOGIM ON Mamijenent 110 N.0Ab Ave Marland G1 9r7eI Who pays the homeowners insurance policy for your property? Oh do [Boervicer does [Paid by condominium or homeowners association (HOA) Isthe policy current? [Aves L1No If paid by you or your condominium or HOA , name of insurance company’, Insurance company phone number: ( Annual homeowners insurance: $ If there are additional liensfmortgages or, judgments on this property, name the person(s), company or firm and phone} number(s). Lien holder's name/Servicer:. Phone number: ( ) Loan number: Balance: $. Lien holder's name/Servicer: Phone number: ( ) bean number: Balance: $. Complete this section ONLY if you are requesting mortgage assistance with a property that is not your principal residerfe. Principal residence servicer name: ____ Principal residence phone number: ( ) Is the mortgage on your principal residence paid? Olyes [INo Ifno, number of months your payment is past due (if known):, Hardship Affidavit Tam requesting review under the Making Home Affordable Program. I am having difficulty making my monthly payment because of finan §1 difficulties created by (check all that apply): CO My household income has been reduced. For example: reduced pay or hours, decline in business earnings, death, disability or divorce o} orrower or co-borrower, 1 My monthly debt payments are excessive and J am overextended with my creditors. Debt includes credit cards, home equity or other delf my expenses have increased. For example: monthly mortgage payment reset, high medical or health care costs, uninsured losses, increapfd utilities or property taxes. (iy cash reserves, including all liquid assets, are insufficient to maintain my current mortgage payment and cover basic living expenses the same time. (11am unemployed and (a) I am receiving/will receive unemployment benefits or (b) my unemployment benefits ended less than 6 mont ago. Request for Mortgage Assistance Form RFDoctypeHloa3i Page 3 of 10 78381M 15/12 BARCODE ten (Other Explanation (continue on back of page 3 if necessary): ‘Request for Mortgage Assistance Form RFDoc’ 1c 432 Page 4 of 10 78381MU (12 BARCODE Information about your other properties Other properties owned You must provide information about all properties that you or the co-borrower own, other than your principal residence and the property tH you are requesting assistance for. (See below.) Use additional sheets if necessary. Other Property #1 Property address:. Loan number:. A Servicer name: Mortgage balance: $. Current value: $. Property is: D vacant D Second or seasonal home Oi Rented Gross monthly rent: §. Monthly mortgage payment*: $ Other Property #2 Property address‘, Loan number:, Servicer name: Mortgage balance: $. Current value: S, Property is: O Vacant O Second or nal home Oi Rented Gross monthly rent: $. Monthly mortgage payment: 8. Other Property #3. Property address: ‘Loan number: Servicer name; Mortgage balance: $. Current value: $ Property is: CO Vacant (Second or seasonal home nted Gross monthly rent: $. Monthly mortgage payment: $ * The amount of the monthly payment made to your Servicer — includin; if applicable, monthly principal, interest, real property taxes and insurance premiums. Other property for which assistance is requested Complete this section ONLY if you are requesting mortgage assistance with a p! rty that is not your principal residence. Iam requesting mortgage assistance with a rental property. (J Yes ONo Tam requesting mortgage assistance with a second or seasonal home. DO Yes No I€yes to either, { want to: i Keep the property O Sell the property Property address; Loan number:. Request for Mortgage Assistance Form RFDoclype 44431 Page 6 of 10 78380 fe BARCODE Do you havea second mortgage on the property? = ([] Yes gro Ifyes, Servicer name:, Loan number:, Do you have condominium or homeowner association (HOA) fees? O Yes C1No Ifyes, monthly fee: $, Are HOA fees paid current? Dyes ONo Name and address that fees are paid to: Does your mortgage payment include taxes and insurance? A Yes E] no If no, are the taxes and insurance paid current? [_] Yes Ono If insurance is paid by you or HOA, name of insurance company:_. Insurance company phone number ye —_ Annual homeowners insurance: $. Annual property taxes: §. Tf requesting assistance with a rental property, property is currently: C)Vacant and available for rent O Occupied without rent by your legal dependent, parent or grandparent as their principal residence (Occupied by a tenant as their principal residence [[] Other If rental property is occupied by a tenant: ‘Term of lease: /occupancy: - wa} DD YYYY MM/ wD YYYY Gross monthly rent: $. If rental property is vacant, describe efforts to rent property: , _—— ae — If applicable, describe relationship of and duration of non-rent paying occupant of rental property: Is the property forsale? [1 Yes ONo If: yes, listing agent's name: Phone number: ( ), List date: Have you received a purchase offer? [1] Yes ONo Amount of offer: $. Closing date: 1 Rental Property Certification You must complete this certification if you are requesting a mortgage modification with respect to a rental property. (1 By checking this box and initialing below, | am requesting a mortgage modification under MHA with respect to the rental property as. previously described and I hereby certify under penalty of perjury that each of the following statements is true and correct with respect that property: 1, intend to rent the property to a tenant or tenants for at least five years following the effective date of my mortgage modification. I understand that the servicer, the U.S. Department of the Treasury, or their respective agents may ask me to provide evidence of my inteftion to rent the property during such time. I further understand that such evidence must show that I used reasonable efforts to rent the propaty Request for Mortgage Assistance Form RFDocType 4443: Page 7of 10 78381MU 12 BARCO. E ‘ toa tenant or tenants on a year-round basis, if the property is or becomes vacant during such five-year period. Note: The term “reaso! le efforts” includes, without limitation, advertising the property for rent in local newspapers, websites or other commonly used forms ot f written or electronic media, and/or engaging a real estate or other professional to assist in renting the property, in either case, at or belfiw market rent, 2, The property is not my secondary residence and I do not intend to use the property as a secondary residence for at least five years. following the effective date of my mortgage modification. I understand that if! do use the property as a secondary residence during su: five-year period, my use of the property may be considered to be inconsistent with the certifications I have made herein. Note: The tery] “secondary residence” includes, without limitation, a second home, vacation home orother type of residence that I personally use or ofipy on a part-time, seasonal or other basis. 3. I do not own more than five (5) single-family homes (i.¢., one-to-four unit properties) (exclusive of my principal residence). Notwithstanding the foregoing certifications, I may at any time sell the property, accupy it as my principal residence, or| permit my legal dependent, parent or grandparent to occupy it as their principal residence with no rent charged or collaited, none of which will be considered to be inconsistent with the certifications made herein, This certification is effective on the date I signed this form or the date the RMA is received by your Servicer. Initials: Borrower: fits Co-borrower: C. Dodd-Frank Certification ‘The following information is requested by the federal government in accordance with the Dodd-Frank Wall Street Reform and Consumer { Protection Act (Pub. L.111-203). You are required to furnish this information. The law provides that no person shall be eligible to b jin receiving assistance from the Making Home Affordable Program, authorized under the Emergency Economic Stabilization Act of 2008 (12 S.C. 5201 et seq.), or any other mortgage assistance program authorized or funded by that Act, if such person, in connection with a mortgage or fal estate transaction, has been convicted, within the last 10 years, of any one of the following: (A) felony larceny, theft, fraud, or forgery, (B) mphey laundering or (C) tax evasion. I certify under penalty of perjury that I have not been convicted within the last 10 years of any one of the following in connection with a mot age or real estate transaction: (a) felony larceny, theft, fraud, or forgery, (b) money laundering or (©) tax evasion, J understand that the servicer, the U.S. Department of the Treasury, or their respective agents may investigate the accuracy of my statementAiby performing routine background checks, including automated searches of federal, state and county databases, to confirm that I have not bee! convicted of such crimes. I also understand that knowingly submitting false information may violate Federal law. This certification is effecti on the dateI signed this form or the date this RMA is received by your servicer. Borrower and Co- Borrower Acknowledgment and Agreement 1. I certify that all of the information in this RMA is truthful and the hardship(s) identified above has contributed to submission of this requqdt for mortgage relief. 2. [understand and acknowledge that the Servicer, the U.S. Department of the Treasury, the owner or guarantor of my mortgage loan, or thd! ir respective agents may investigate the accuracy of my statements, may require me to provide additional supporting documentation and that ‘knowingly submitting false information may violate Federal and other applicable law. 3. [authorize and give permission to the Servicer, the U.S. Department of Treasury, and their respective agents, to assemble and use a curre consumer report on all borrowers obligated on the loan to investigate each borrower's eligibility for MHA and the accuracy of my statementq pnd any documentation that I provide in connection with my request for assistance, I understand that these consumer reports may include, withput limitation, a credit report, and be assembled and used at any point during the application process to assess each borrower's eligibility thereafter. 4. Lunderstand that ifI have intentionally defaulted on my existing mortgage, engaged in fraud or if it is determined that any of my stateme! or any information contained in the documentation that | provide are materially false and that I was ineligible for assistance under MHA, the Servicer, the U.S. Department of the Treasury, or their respective agents may terminate my participation in MHA, including any right to ful benefits and incentives that otherwise would have been available under the program, and also may seek other remedies available at law and equtity, such as recouping any benefits or incentives previously received. 5. I certify that any property for which I am requesting assistance is a habitable residential Proper that is not subject to a condemnation noffce. Request for Mortgage Assistance Form RFDoclype 431 Page 8 of 10 78381MU 4h/12 BARCODE 6. I certify that 1 am willing to provide all requested documents and to respond toall Servicer communications in a Limely auanner. T unde ad, that time is of the essence. 7, Lunderstand that the Servicer will use the information I provide to evaluate my eligibilily (or available relief options and foreclosure alternatives, but the Serviceris not obligated to offer me assistance based solely on the representations in this document or other document submitted in connection with my request. 8.Cam wi vg to commit to ctedit counsclingif is determined that my financial hardship is related to excessive debt. 9, 101 am eligible (or assistauce under MHA, und J accept and agree to all terms of an MHA notice, lan or agreement, [also agroc that the: Irms ‘of this Acknowledgment and Agreement are incorporated into such notice, plan or agreementby ref fs ences as if set forth therein full. My fi timely payment, if required, following my Seryicer's deteronination and notification of iny eligibility or prequalification for MHA assislauce an serve as my acceptance of the terms set forth in the notice, plan, or agreement sent ta me. 10. | understand that the Servicer will collect and record personal iafurmnatic icluding, but not limited to, my name, address, telephone number, Social Socurity number, credit score, income, payment tory, srnment monitoring information, and information about accou! balances and activity. I understand and consent to the disclosure of my personal information and the tenns of any Making Hoe A(Conlabi Agreement by Servicer to (a) the U.S. Department of the Treasury ori agente, (b) Fannie Mac.and Freddie Mac in connection with their responsibilities under the Homeowner Affordability and Stability Plan; (c) any investor, insurer, guarantor or Servicer that owns, insures, guarantees or services iny fixst Hien or subordinate lien (if applicable) mortgage loans); (d) companies and ur individuals that perform supy services in conjunction with home preservation mortgage assistance efforts; (¢) auditors, including but not limited to independent auditors, regulators and agencies and (f) any HUD-certified housing counselor, 11, consent to being contacted concerning this request for mortgage assistance at any email address or cellular or mobile telephone numbe} have provided to the Servicer. this includes text messages and telephone calls to ny cellular ur mobile telephone. Borrower signature(s): ‘The undersigned certifies under penalty of perjury that all statements in this document are true and correct. Auth, Awl, Borrower signdture Non ee Co-borrower signature Rust Co-burrower Social Security number —-— ‘Borrower date of birth 6C \o hy Date Date Request for Mortgage Assistance Form 78381MU p5/s2 Page 9 of 0 BARCO)E Tatetviewers phone number (include area coaey co Name Address of interviewers employer - Notice to Borrower’ lite advised that yoo are sign his document under penalty of perjury. Any misstatement of material tact made in the completion of these| (documents including but not limited to misstatement regarding your Occupancy ip your huine, hardship cirenmstances, jor income will [subject you to potentia} crimiual investigation and prosecution for the following crimes: perjury, false statements, mail fraud, and wire frau he information contained in these documents is subject to examination and verification. Any potential mistepresentation will be referred ithe appropriate law enforcement authority for investigation and prosecution. emaE} ‘Ifyou are aware of fraud, waste, abnse, mismanagement ot raistepresentations afGliated with the Troubled Asset Relie Program, please contact the SIGTARP Hotline by calling (-877-SIG-2009 (tull-ree), 202-422-4559 (fax), oF www.sigtarp.gov. Muil can be sent to Hotline Office af the Special Inspector General for Troubled Asset Reliet apts Program, 1801 T,St, NW, Washington, DC 20220. a ‘om 4506-T (Rev, January 2012) Request for Transcript of Tax Return | OMB Na. 1645-1872 Devaar ‘of the Treasury > Request may be rejected if the form Is incomplete or illegible. Tip. Use Form 4506-T to order a transcript or other return information free of charge. See the product list below. You can quickly request transcripts by using our automated self-help service tools. Please visit us at IRS.gov and click on “Ordera Transcript" or call 1-800-908-9946. If you need a copy of your return, Form 4506, Request for Copy of Tax Return. There ia a fee to geta copy of your return. 1a Name shown on tax return. ff a joint return, enter the name ‘1b First social security number on tax return, individual ‘identification | number, or employer identification number (see instructions) 2a fa joint return, enter Spous I, <. <, = ‘name shown on tax return 2b Second social ‘number or individual taxpayer identification number if joint tax Ceafin Bemrez ‘3 Current name, address (including apt., room, or suite no.), city, state, and OF Havetloe St7 onl 3252 4 Previous address shown on the last return fied if different from line 3 (see instructions) 6 If the transcript or tax information is to be mailed to a third party (such as a mortgage company), enter the third party's name, address, and telephone number. Caution, if the tax transcriptis being mailed to a third party, ensure that you have filled in lines 6 through 9 before signing. Sign and date the form on| you have filed in these lines. Completing these steps helps to protect your privacy. Once the IRS discloses your iRS transcript to the third party listed] on tine 5, the IRS has no contro! over what the third party does with the information. if you would like to limit the third party's authority to disclose you transcript information, you can specify this limitation in your written agreement with the third party. 6 Transcript requested, Enter the tax form number hee (1040, 1065, 1120, etc.) and check the appropriate box below, Enter only one tax number per request. > 4 Return Transerip which includes most of the line items of @ tax return as filed with the IRS. A tax return transcript does not reflect I changes made to account after the retum is processed. Transcripts are only available for the following retums: Form 1040 series, Form 1065, Form 1120, Form 1120A, Form 1120H, Form 1120L, and Form 1120S. Retum transcripts are avaltable for the current year l- and returns processed during the prior3 processing years. Most requests will be processed within 10 business days Account Transcript, which contains information on the financial status of the account, such as payments made on the account, penalty assessments, and adjustments made by you or the IRS after the return was filed, Return information ts fimited to items such as tax liability and estimated tax payments. Account transcripts are available for most returns, Most requests will be processed within 30 calendar days Record which provides the most detailed information as it is a combination of the Return Transcript and the Account Trane Available for current year and 3 prior tax years. Most requests will be processed within 30 calendar days. Verification of Nonfiling, which is proof from the IRS that you did not file a return for the year. Current year requests are only available after June 15th. There are no availability restrictions on prior year requests. Most requests will be processed within 10 business days Form W-2, Form 1099 series, Form 1098 series, or Form 5498 series transcript. The IRS can provide a transcript that includes data from these information retums. State or local information is not included with the Form W-2 Information. The IRS may be able to provide this transcript information for up ta 10 years. Information for the current year is generally not available untl the year after itis filed with the IRS. For example, W-2 information for 2010, filed in 2011, will nat be available from the IRS until 2012. If you need W-2 information for retirement purposes, you should contact the Social Security Administration at 1-800-772-1213. Most requests will be processed within 45 days Caution. if you need@ copy of Form W-2 or Form 1099, you should first contact the payer. To get a copy of the Form W-2 or Form 1099 filed b with your retum, you must use Form 4506 and requesta copy af your return, which includes all attachments. 9 Year or period requested. Enter the ending date of the year or period, using the mmvdd/yyyy format. If you are requesting more than fpr years or periods, you must attach another Form 4506-T. Far requests relating to quarterly tax returns, such as Form 941, you must er each quarteror tax period separately. 2S AN29) 12131 lang Check tis box it you nave noted the IRS or the IRS has notified you that one of tho year fr which you ee requesting a transcript involved Identity theft on your federal tax return. Caution, Do nat sign this form unless all applicablelines have been. completed. Signature of taxpayer(s). 1 declare that | am either the taxpayer whose name is shown on line 1a or 2a, or a person authorized to obtain the f4x information requested. If the request applies to a joint return, either husband or wife must sign. if signed by a corporate officer, partner, guardian, x matters partner, executor, receiver, istrator, trustee, or party other than the taxpayer, | certify that | have the authority to execute Form 4506-Tign ‘behalf of the taxpayer. Note. For transcripts being sent to a third party, this form must be received within 120 days of the signature date. Phone number of taxpayer on i » ebph ont, taor S= 36" pony Signature (see inbtructions) Date. Sign Here i ‘above is & carporation, partnerst r ‘estate, or trust) [F-30- dery ak Ss ‘5Sino For Privacy Act and Paperwork Reduction Act Notice, see page 2. Cat. No. 37667N Form 4506-T (ev. 1-242) ee