Preview
Filing # 40681112 E-Filed 04/25/2016 03:11:52 PM
IN THE CIRCUIT COURT OF THE STH
JUDICIAL CIRCUIT, IN AND FOR LAKE
COUNTY, FLORIDA.
CASE No. 35-2012-CA-003918
BANK OF AMERICA, N.A., SUCCESSOR BY
MERGER TO BAC HOME LOANS
SERVICING, LP FKA COUNTRYWIDE
HOME LOANS SERVICING LP
Plaintiff,
vs,
JOHN C. ADKINS, et al.
Defendants.
/
MOTION TO SUBSTITUTE PLAINTIFF
COMES NOW, Plaintiff, BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO
BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING
LP, by and through its undersigned attorney, and hereby moves this Court to Substitute,
DITECH FINANCE LLC F/KA/ GREEN TREE SERVICING LLC as Party Plaintiff in this case
and in support thereof states that:
1, Plaintiff initiated the instant foreclosure action on November 7, 2012.
2. Subsequent to the filing of the complaint, the legal and/or beneficial interest of the
promissory note which is the subject of this actions was transferred from BANK OF
AMERICA, N.A., SUCCESSOR BY MERGER TO BACK HOME LOANS
SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, by virtue of
Assignment of Mortgage recorded in Official Record Book 4576 Page 2490. A copy of
Assignment of Mortgage is attached hereto as Exhibit “A”.
3. Accordingly, GREEN TREE SERICING LLC now holds all interest in the promissory
note and mortgage formerly held by BANK OF AMERICA., N.A.
4. On or about August 31, 2015, GREEN TREE SERIVICING LLC, merged with DT
HOLDINGS LLC and DITECH MORTGAGE CORP. to become DITECH FINANCIAL
FILED: LAKE COUNTY, NEIL KELLY, CLERK, 04/27/2016 09:18:41 AMLLC, a Delaware limited liability company. The State of Delaware Certificate of Merger
is attached hereto as Exhibit “B”.
5. Accordingly, DITECH FINANCIAL LLC F/K/A GREEN TREE SERVICING LLC now
holds all interest in the promissory note formerly held by BANK OF AMERICA, N.A.
6. Therefore, Plaintiff now seeks to substitute DITECH FINANCIAL LLC F/K/A GREEN
TREE SERVICING LLC, as the current and proper party Plaintiff in this foreclosure
action.
7. The entry of an order substituting DITECH FINANCIAL LLC F/K/A GREEN TREE
SERVICING LLC as the party Plaintiff will not be prejudicial to any party to this action.
WHEREFORE, BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC
HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING,
LP, moves this Honorable court for an Order substituting DITECH FINANCIAL LLC F/K/A
GREEN TREE SERVICING LLC, as the Party Plaintiff in this action.
CERTIFICATE OF SERVICE
_— I HEREBY CERTIFY that a true and correct copy of the foregoing was served on the
2 $day of Alar. |. 2016to all parties on the below service list. Service was by email to
all parties not exer{pt from Rule 2.516 Fla. R. Jud. Admin. at the indicated email address on the
service list, and by U.S. mail to any other parties.
JOHN C. ADKINS
32213 CHIPPEWA AVE, DELAND, FL 32720 6403
MARY E. ADKINS
32213 CHIPPEWA AVE, DELAND, FL 32720 6403
UNKNOWN TENANT(S)
55804 SAM STREET, ASTOR, FL 32102
GREENSPOON MARDER, P.A.
TRADE CENTRE SOUTH, SUITE 700
100 WEST CYPRESS CREEK ROAD
FORT LAUDERDALE, FL 33309
Telephone: (954) 343 6273
Hearing Line: (888) 491-1120
Facsimile: (954) 343 6982
Email 1: brandon.loshak
randon Loshak, Esq.
Florida Bar No. 99852 (29039.1110)INSTRUMENT#:2015007478 OR BK 4576 PG
2490 PAGES: 3 1/23/2015 10:27:12
NEIL KELLY, LAKE COUNTY CLERK OF THE ‘ane
CIRCUIT COU
REC FEES: $27.00 e
ss
GREENSPOON MARDER ATTORNEYS AT LAW
TRADE CENTRE SOUTH
400 W CYPRESS CREEK RD SUITE 700
FORT LAUDERDALE FL 33309
Prepared by:
Linda Thornton
Green Tree Servicing LLC
FW-HS
7360 S. Kyrene Road
Mail Stop T330
Tempe, AZ 85283
(888)315-8733
ASSIGNMENT OF MORTGAGE
Account #:
PIN #: Tax ID No.: 3015280400-000-14400
FOR VALUE RECEIVED, the undersigned holder of a Mortgage (herein “Assignor") whose address is
clo 7360 South Kyrene Road, Tempe, AZ 85283, does hereby grant, sell, assign, transfer and convey,
unto Green Tree Servicing LLC, whose address is 7360 S Kyrene, Rd. T-314, Tempe, AZ 85283, its
successor and assigns, all its right, title and interest in and to a certain Mortgage described below, and
obligations therein described, the money due and to become due thereon with interest, and all rights
accrued of to accrue under such Mortgage.
Executor: John C. Adkins, and Mary E. Adkins, Husband and Wife
Date Executed: 08/28/2008
Amount: $200,000.00
Recorded Date: 09/02/2008
Book/Page/Document Book #: 6271 Page #: 1167 Instrument #: 2008-174053
Number:
County: Lake
State: FL
TO HAVE AND TO HOLD the same unto Assignee, its successor and assigns, forever, subject only to
the terms and conditions of the above-described Mortgage.
NESS WHEREOF. the undersigned Assignor has executed this Assignment of Mortgage on
! “
Assignment of Mortgage
Page| 1INSTRUMENT# 2015007478 OR BOOK 4576/PAGE 2491 PAGE 2 of 3
Bank of America, N.A., as successor by
merger to BAG Home Loans Servicing LP fka
Countrywide Home Loans Servicing LP by its
Attorney-In-Fact Green Tree Servicing LLC
‘witness! Sharp
State of ARIZONA
County of MARICOPA
a
On RV 17 2086 before me, the undersigned, personally appeared
Assistant Vice President for Green Tree Servicing LLC as Attorney-
in-Fact for Bank of America, N.A., as successor by merger to BAC Home Loans Servicing LP fka
Countrywide Home Loans Servicing LP personally known to me or proved to me on the basis of
satisfactory evidence to be the individual's) whose name(s) Is (are) subscribed to the within instrument
and acknowledged to me that he/she/ihey executed the same in his/her/their capacity(ies), and that by
his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the
individual(s) acted, executed the instrument and that such individual made such appearance before the
undersigned in the City of Tempe, State of Arizona.
Oscar Perates
Notary Public
Marlocpa County, Ationa
My Comm. Expires 11-25-47
Account Number:
Assignment of Mortgage
Page |2INSTRUMENT# 2015007478 OR BOOK 4576/PAGE 2492 PAGE 3 of 3
EXHIBIT “A”
Lot 144, Holiday Haven Campsites Unit No. 3, according to map or plat thereof as recorded in Plat Book 21,
Pages 57 and 58, of the Public Records of Lake County, Florida.
Together with a1982 RAMA Mobile Home Vin #'s 206201 74AR and 20620174BR Title # 22818204 and
22818205
Account
Assignment of Mortgage
Page |3IE SR WHOL Se ofaceaver-oneal
Delaware ux :
The First State
I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF
DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT
COPY OF THE CERTIFICATE OF MERGER, WHICH MERGES:
"DITECH MORTGAGE CORP", A CALIFORNIA CORPORATION,
"DT HOLDINGS LLC", A DELAWARE LIMITED LIABILITY COMPANY,
WITH AND INTO "GREEN TREE SERVICING LLC" UNDER THE NAME OF
"GREEN TREE SERVICING LLC", A LIMITED LIABILITY COMPANY
ORGANIZED AND EXISTING UNDER THE LAWS OF TRE STATE OF DELAWARE,
AS RECEIVED AND FILED IN THIS OFFICE THE THIRTEENTH DAY OF
AUGUST, A.D. 2015, AT 1:35 O'CLOCK P.M.
AND I DO HEREBY FURTHER CERTIFY THAT THE EFFECTIVE DATE OF
JHE AFORESAID CERTIFICATE OF MERGER IS THE THIRTY-FIRST DAY OF
AUGUST, A.D. 2015, AT 12:05 O'CLOCK A.M.
firey W. Bullock, Secratary of State
AUT! ‘ION: 2641973
DATE: 08-13-15
2458190 8100M
151168309235 3/13/2015
FILED 01:35 PM 08/13/2015
SRV 151168309 ~ 2458190 FILE
STATE OF DELAWARE
CERTIFICATE OF MERGER
Pursuant to Title 6, Section 18-209 of the Delaware Limited Liability Company Act, the
undersigned hereby executes the following Certificate of Merger:
FIRST: The surviving limited fiability company is Green Tree Servicing LLC, a Delaware
limited liability company, and the corporation and limited liability company being merged into
this surviving limited liability company are:
DT Holdings LLC, a Delaware limited liability company, and
Ditech Mortgage Corp, a California corporation.
SECOND: The Agreement and Plan of Merger has been approved, adopted, certified, executed
and acknowledged by each of the constituent corporations and limited liability companies
pursuant to Title 6, Section 18-209 of the Delaware Limited Liability Company Act.
THIRD: The name of the surviving limited liability company is hereby amended to Ditech
Financial LLC, a Delaware limited liability company (as such surviving entity, the “Surviving
Limited Liability Company”).
FOURTH: The mergers are to become effective as of 12:05 AM EDT on August 31, 2015.
FIFTH: The Agreement and Plan of Merger is on file at 3000 Bayport Drive, Suite 880, Tampa,
FL 33607, the principal place of business of the Surviving Limited Liability Company.
SIXTH: A copy of the Agreement and Plan of Merger will be furnished by the Surviving
Limited Liability Company on request, without cost, to any stockholder or member of the
constituent corporations or limited liability companies, as applicable.
[The remainder of page intentionally left blank.]
iIN WITNESS WHEREOF, said Surviving Limited Liability Company has caused this
certificate to be signed by an authorized officer, the aeday of August, 2015.
GREEN TREE SERVICING LLC
wy fant sual And
Name: Wanda Lamb-Lindow
Title: Assistant Secretary
{Certificate of Merger}
Preview
Filing # 40681112 E-Filed 04/25/2016 03:11:52 PM IN THE CIRCUIT COURT OF THE STH JUDICIAL CIRCUIT, IN AND FOR LAKE COUNTY, FLORIDA. CASE No. 35-2012-CA-003918 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff, vs, JOHN C. ADKINS, et al. Defendants. / MOTION TO SUBSTITUTE PLAINTIFF COMES NOW, Plaintiff, BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, by and through its undersigned attorney, and hereby moves this Court to Substitute, DITECH FINANCE LLC F/KA/ GREEN TREE SERVICING LLC as Party Plaintiff in this case and in support thereof states that: 1, Plaintiff initiated the instant foreclosure action on November 7, 2012. 2. Subsequent to the filing of the complaint, the legal and/or beneficial interest of the promissory note which is the subject of this actions was transferred from BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BACK HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, by virtue of Assignment of Mortgage recorded in Official Record Book 4576 Page 2490. A copy of Assignment of Mortgage is attached hereto as Exhibit “A”. 3. Accordingly, GREEN TREE SERICING LLC now holds all interest in the promissory note and mortgage formerly held by BANK OF AMERICA., N.A. 4. On or about August 31, 2015, GREEN TREE SERIVICING LLC, merged with DT HOLDINGS LLC and DITECH MORTGAGE CORP. to become DITECH FINANCIAL FILED: LAKE COUNTY, NEIL KELLY, CLERK, 04/27/2016 09:18:41 AMLLC, a Delaware limited liability company. The State of Delaware Certificate of Merger is attached hereto as Exhibit “B”. 5. Accordingly, DITECH FINANCIAL LLC F/K/A GREEN TREE SERVICING LLC now holds all interest in the promissory note formerly held by BANK OF AMERICA, N.A. 6. Therefore, Plaintiff now seeks to substitute DITECH FINANCIAL LLC F/K/A GREEN TREE SERVICING LLC, as the current and proper party Plaintiff in this foreclosure action. 7. The entry of an order substituting DITECH FINANCIAL LLC F/K/A GREEN TREE SERVICING LLC as the party Plaintiff will not be prejudicial to any party to this action. WHEREFORE, BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, moves this Honorable court for an Order substituting DITECH FINANCIAL LLC F/K/A GREEN TREE SERVICING LLC, as the Party Plaintiff in this action. CERTIFICATE OF SERVICE _— I HEREBY CERTIFY that a true and correct copy of the foregoing was served on the 2 $day of Alar. |. 2016to all parties on the below service list. Service was by email to all parties not exer{pt from Rule 2.516 Fla. R. Jud. Admin. at the indicated email address on the service list, and by U.S. mail to any other parties. JOHN C. ADKINS 32213 CHIPPEWA AVE, DELAND, FL 32720 6403 MARY E. ADKINS 32213 CHIPPEWA AVE, DELAND, FL 32720 6403 UNKNOWN TENANT(S) 55804 SAM STREET, ASTOR, FL 32102 GREENSPOON MARDER, P.A. TRADE CENTRE SOUTH, SUITE 700 100 WEST CYPRESS CREEK ROAD FORT LAUDERDALE, FL 33309 Telephone: (954) 343 6273 Hearing Line: (888) 491-1120 Facsimile: (954) 343 6982 Email 1: brandon.loshak randon Loshak, Esq. Florida Bar No. 99852 (29039.1110)INSTRUMENT#:2015007478 OR BK 4576 PG 2490 PAGES: 3 1/23/2015 10:27:12 NEIL KELLY, LAKE COUNTY CLERK OF THE ‘ane CIRCUIT COU REC FEES: $27.00 e ss GREENSPOON MARDER ATTORNEYS AT LAW TRADE CENTRE SOUTH 400 W CYPRESS CREEK RD SUITE 700 FORT LAUDERDALE FL 33309 Prepared by: Linda Thornton Green Tree Servicing LLC FW-HS 7360 S. Kyrene Road Mail Stop T330 Tempe, AZ 85283 (888)315-8733 ASSIGNMENT OF MORTGAGE Account #: PIN #: Tax ID No.: 3015280400-000-14400 FOR VALUE RECEIVED, the undersigned holder of a Mortgage (herein “Assignor") whose address is clo 7360 South Kyrene Road, Tempe, AZ 85283, does hereby grant, sell, assign, transfer and convey, unto Green Tree Servicing LLC, whose address is 7360 S Kyrene, Rd. T-314, Tempe, AZ 85283, its successor and assigns, all its right, title and interest in and to a certain Mortgage described below, and obligations therein described, the money due and to become due thereon with interest, and all rights accrued of to accrue under such Mortgage. Executor: John C. Adkins, and Mary E. Adkins, Husband and Wife Date Executed: 08/28/2008 Amount: $200,000.00 Recorded Date: 09/02/2008 Book/Page/Document Book #: 6271 Page #: 1167 Instrument #: 2008-174053 Number: County: Lake State: FL TO HAVE AND TO HOLD the same unto Assignee, its successor and assigns, forever, subject only to the terms and conditions of the above-described Mortgage. NESS WHEREOF. the undersigned Assignor has executed this Assignment of Mortgage on ! “ Assignment of Mortgage Page| 1INSTRUMENT# 2015007478 OR BOOK 4576/PAGE 2491 PAGE 2 of 3 Bank of America, N.A., as successor by merger to BAG Home Loans Servicing LP fka Countrywide Home Loans Servicing LP by its Attorney-In-Fact Green Tree Servicing LLC ‘witness! Sharp State of ARIZONA County of MARICOPA a On RV 17 2086 before me, the undersigned, personally appeared Assistant Vice President for Green Tree Servicing LLC as Attorney- in-Fact for Bank of America, N.A., as successor by merger to BAC Home Loans Servicing LP fka Countrywide Home Loans Servicing LP personally known to me or proved to me on the basis of satisfactory evidence to be the individual's) whose name(s) Is (are) subscribed to the within instrument and acknowledged to me that he/she/ihey executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument and that such individual made such appearance before the undersigned in the City of Tempe, State of Arizona. Oscar Perates Notary Public Marlocpa County, Ationa My Comm. Expires 11-25-47 Account Number: Assignment of Mortgage Page |2INSTRUMENT# 2015007478 OR BOOK 4576/PAGE 2492 PAGE 3 of 3 EXHIBIT “A” Lot 144, Holiday Haven Campsites Unit No. 3, according to map or plat thereof as recorded in Plat Book 21, Pages 57 and 58, of the Public Records of Lake County, Florida. Together with a1982 RAMA Mobile Home Vin #'s 206201 74AR and 20620174BR Title # 22818204 and 22818205 Account Assignment of Mortgage Page |3IE SR WHOL Se ofaceaver-oneal Delaware ux : The First State I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF MERGER, WHICH MERGES: "DITECH MORTGAGE CORP", A CALIFORNIA CORPORATION, "DT HOLDINGS LLC", A DELAWARE LIMITED LIABILITY COMPANY, WITH AND INTO "GREEN TREE SERVICING LLC" UNDER THE NAME OF "GREEN TREE SERVICING LLC", A LIMITED LIABILITY COMPANY ORGANIZED AND EXISTING UNDER THE LAWS OF TRE STATE OF DELAWARE, AS RECEIVED AND FILED IN THIS OFFICE THE THIRTEENTH DAY OF AUGUST, A.D. 2015, AT 1:35 O'CLOCK P.M. AND I DO HEREBY FURTHER CERTIFY THAT THE EFFECTIVE DATE OF JHE AFORESAID CERTIFICATE OF MERGER IS THE THIRTY-FIRST DAY OF AUGUST, A.D. 2015, AT 12:05 O'CLOCK A.M. firey W. Bullock, Secratary of State AUT! ‘ION: 2641973 DATE: 08-13-15 2458190 8100M 151168309235 3/13/2015 FILED 01:35 PM 08/13/2015 SRV 151168309 ~ 2458190 FILE STATE OF DELAWARE CERTIFICATE OF MERGER Pursuant to Title 6, Section 18-209 of the Delaware Limited Liability Company Act, the undersigned hereby executes the following Certificate of Merger: FIRST: The surviving limited fiability company is Green Tree Servicing LLC, a Delaware limited liability company, and the corporation and limited liability company being merged into this surviving limited liability company are: DT Holdings LLC, a Delaware limited liability company, and Ditech Mortgage Corp, a California corporation. SECOND: The Agreement and Plan of Merger has been approved, adopted, certified, executed and acknowledged by each of the constituent corporations and limited liability companies pursuant to Title 6, Section 18-209 of the Delaware Limited Liability Company Act. THIRD: The name of the surviving limited liability company is hereby amended to Ditech Financial LLC, a Delaware limited liability company (as such surviving entity, the “Surviving Limited Liability Company”). FOURTH: The mergers are to become effective as of 12:05 AM EDT on August 31, 2015. FIFTH: The Agreement and Plan of Merger is on file at 3000 Bayport Drive, Suite 880, Tampa, FL 33607, the principal place of business of the Surviving Limited Liability Company. SIXTH: A copy of the Agreement and Plan of Merger will be furnished by the Surviving Limited Liability Company on request, without cost, to any stockholder or member of the constituent corporations or limited liability companies, as applicable. [The remainder of page intentionally left blank.] iIN WITNESS WHEREOF, said Surviving Limited Liability Company has caused this certificate to be signed by an authorized officer, the aeday of August, 2015. GREEN TREE SERVICING LLC wy fant sual And Name: Wanda Lamb-Lindow Title: Assistant Secretary {Certificate of Merger}