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Filing # 136491471 E-Filed 10/13/2021 03:24:46 PM
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
CHIPS 2, LLC,
Plaintiff, Case No.
vs. Civil Division
MARIA GUILLEN and
NATIONSTAR MORTGAGE, LLC
and UNKNOWN TENANT(S),
Defendants.
________________________________________/
VERIFIED COMPLAINT FOR FORECLOSURE OF JUDGMENT-LIEN
Plaintiff Chips 2, LLC brings this action to foreclose on real property
owned by Defendant/Judgment-Debtor Maria Guillen pursuant to an unpaid
$36,398.07 judgment owed to Plaintiff.
NATURE OF THE ACTION
1. This is an action, in rem, to foreclose on real property located in
Miami-Dade County, Florida pursuant to a judgment-lien against
Defendant/Judgment-Debtor, who is the owner of the real property.
PARTIES
2. Plaintiff is a Florida limited liability company with a principal place
of business at 700 71st Street, Miami Beach, FL 33141.
3. Defendant/Judgment-Debtor is a natural person residing at 1801
Treasure Drive, Apt. 121, North Bay Village, FL 33141.
CHASE LAW & ASSOCIATES, P.A.
1141 71ST STREET, MIAMI BEACH, FLORIDA 33141
4. Defendant Nationstar Mortgage, LLC (“Nationstar”) is a Delaware
limited liability company with a principal address of 350 Highland Drive,
Lewisville, TX 75067.
5. Unknown Tenants are unknown individuals residing in real
property located at 16851 NE 23 Ave, #B304, Miami, FL 33160.
JURISDICTION AND VENUE
6. The real property at issue in this action, in rem, is located in
Miami-Dade County.
7. All parties conduct business in Miami-Dade County and/or have
substantial contacts in Miami-Dade County and/or have minimum contacts in
Miami-Dade County and/or this action arose in Miami-Dade County.
8. The amount in controversy exceeds $30,000.00, exclusive of costs,
interest and attorneys’ fees.
9. Venue is appropriate in this court.
FACTS COMMON TO ALL ALLEGATIONS
10. Plaintiff incorporates by reference the allegations contained in the
preceding paragraphs as if fully set out herein.
11. On December 23, 2005, Defendant/Judgment-Debtor received a
warranty deed conferring title to real property known as 16851 NE 23 Ave,
#B304, Miami, FL 33160 (the “Property”). The legal description of the Property
is as follows:
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CHASE LAW & ASSOCIATES, P.A.
1141 71ST STREET, MIAMI BEACH, FLORIDA 33141
12. The Deed was duly recorded on January 11, 2006 in the Miami-
Dade Official Records in Book 24135, Page 4718. Ex. A.
13. At all relevant times herein, Defendant/Judgment-Debtor has
remained the sole owner of the Property in fee simple.
14. On December 23, 2005, Defendant/Judgment-Debtor executed a
mortgage in favor of mortgagee JPMorgan Chase Bank, N.A. (“JP Morgan”). The
JP Morgan mortgage was recorded in the Miami-Dade Official Records on
January 11, 2006 in Book 24135, Page 4719. Ex. B.
15. On February 16, 2015, JP Morgan executed an assignment of
mortgage, transferring the JP Morgan mortgage to new mortgagee Nationstar.
The Nationstar mortgage was recorded in the Miami-Dade Official Records on
February 25, 2015 in Book 29514, Page 2281. Ex. C.
16. On January 14, 2021, the Honorable Carlos Guzman of the Miami-
Dade Circuit Court entered a final judgment in favor of Plaintiff and against
Defendant/Judgment-Debtor for $36,398.07 (the “Judgment”). The Judgment
was recorded in the Miami-Dade Official Records on January 15, 2021 in Book
32293, Page 177. Ex. D.
17. On February 17, 2021, a judgment lien was filed against
Defendant/Judgment-Debtor with the Florida Secretary of State on Sunbiz
under confirmation number J21000067029 (the “Judgment-lien”). Ex. E.
18. On August 4, 2021, Plaintiff recorded a certified copy of the
Judgment with the Judgment-lien and an affidavit with the Plaintiff’s and the
Defendant/Judgment-Debtor’s addresses. Book 32658, Page 292. Ex. F.
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CHASE LAW & ASSOCIATES, P.A.
1141 71ST STREET, MIAMI BEACH, FLORIDA 33141
19. Defendant/Judgment-Debtor is in default under the terms of the
Judgment, and has not satisfied the Judgment.
20. The Judgment is immediately due and payable and Plaintiff
accelerates the $36,398.07 principal sum owed together with 4.81% statutory
post-judgment interest from January 14, 2021.
21. All conditions precedent to foreclosure on the Property have been
fulfilled or have occurred.
22. The Property is not the Defendant/Judgment-Debtor’s Homestead,
as the Defendant/Judgment-Debtor does not reside in the Property.
23. Defendant/Judgment-Debtor is obligated to pay Plaintiff the
principal amount of $36,398.07, with interest accruing from January 14, 2021.
24. As a result of Defendant/Judgment-Debtor’s default, it has become
necessary for Plaintiff to employ the undersigned attorney to prosecute this
action and Plaintiff is entitled to recover the reasonable attorneys’ fees for
Plaintiff’s counsel’s services.
25. Nationstar is the assignee holding what appears to be a first
mortgage on the Property. As of June 7, 2021, the remaining principal balance
on the mortgage was $113,793.48 with a $5,886.33 escrow balance.
26. The market value of the Property is approximately $160,700.00.
27. Defendant/Judgment-Debtor currently owns, possesses, or has
the right to possess the Property, however said interest is subordinate to the
rights of Plaintiff.
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CHASE LAW & ASSOCIATES, P.A.
1141 71ST STREET, MIAMI BEACH, FLORIDA 33141
COUNT ONE – FORECLOSURE
28. Plaintiff incorporates by reference the allegations contained in the
preceding paragraphs as if fully set out herein.
29. This is an action to foreclose on real property (to wit: the
“Property”) in Miami-Dade County, Florida, having a legal description as set
forth herein and incorporated by reference, with a street address of 16851 NE
23 Ave, #B304, Miami, FL 33160.
30. In accordance with Florida law, Plaintiff is entitled to foreclosure
upon default of Defendant/Judgment-Debtor’s obligation to pay Plaintiff a sum
of $36,398.07 in principal owed together with 4.81% statutory post-judgment
interest from January 14, 2021.
31. Plaintiff is further entitled to appointment of a Receiver to take
possession of the Property, and to collect the income and rents derived from
the Property.
32. Plaintiff seeks a Court order addressing the Nationstar mortgage,
and a payoff of the Nationstar mortgage as appropriate.
33. All conditions precedent to the enforcement of Plaintiff’s right to
foreclosure herein and the maintenance of this action have been performed or
have occurred.
34. Plaintiff is entitled to recover its costs and reasonable attorneys’
fees.
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CHASE LAW & ASSOCIATES, P.A.
1141 71ST STREET, MIAMI BEACH, FLORIDA 33141
WHEREFORE, Plaintiff requests that this Honorable Court:
A. Take jurisdiction of the parties thereto and of the
subject matter hereof;
B. Order that Plaintiff’s Judgment-lien is a valid first lien
on the Property described and is superior to any lien of
record with the possible exception of the Nationstar
mortgage;
C. Order foreclosure of the Property pursuant to the
Judgment-lien, and that Defendant/Judgment-Debtor
be foreclosed;
D. Determine the amount of interest due in addition to the
$36,398.07 principal Judgment sum sued upon herein;
E. Order that if said sum due Plaintiff is not paid in full
within the time set by this Court, the Property shall
then be sold by Order of this Court to satisfy Plaintiff’s
claim;
F. Order, as appropriate, a payoff of the Nationstar
mortgage from the proceeds of the sale of the Property;
G. Order that ifthe proceeds from such court-ordered sale
are insufficient to pay Plaintiff’s claim, then a
deficiency judgment shall be entered for the remaining
sum against Defendant/Judgment-Debtor;
H. Order delivery and possession of the real property to
the purchaser thereof upon proof of the demand or
refusal of Defendant/Judgment-Debtor to vacate and
surrender such possession, and that the clerk be
directed to issue a writ of possession without further
order of this Court;
I. Order that a Receiver be appointed to take possession
of the Property and collect the rents, income, and
profits derived from the Property during the pendency
of this litigation;
J. Order Plaintiff’s reasonable attorney’s fees in an
amount to be determined;
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CHASE LAW & ASSOCIATES, P.A.
1141 71ST STREET, MIAMI BEACH, FLORIDA 33141
K. Retain jurisdiction of this cause and the parties hereto
to determine Plaintiff’s entitlement to a deficiency
judgment and the amount thereof; and,
L. Grant such other and further relief as appears just and
equitable under the circumstances.
Respectfully submitted,
By: /s/ Kenneth E. Chase
Kenneth E. Chase
Chase Law & Associates, P.A.
1141 71st Street
Miami Beach, FL 33141
Tel: (305) 402-9800
Fax: (305) 402-2725
Email: kchase@chaselaw.com
Email: efile@chaselawnational.com
Attorneys for Plaintiff/
Judgment-Creditor Chips 2, LLC
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CHASE LAW & ASSOCIATES, P.A.
1141 71ST STREET, MIAMI BEACH, FLORIDA 33141
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
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Filing # 136491471 E-Filed 10/13/2021 03:24:46 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CHIPS 2, LLC, Plaintiff, Case No. vs. Civil Division MARIA GUILLEN and NATIONSTAR MORTGAGE, LLC and UNKNOWN TENANT(S), Defendants. ________________________________________/ VERIFIED COMPLAINT FOR FORECLOSURE OF JUDGMENT-LIEN Plaintiff Chips 2, LLC brings this action to foreclose on real property owned by Defendant/Judgment-Debtor Maria Guillen pursuant to an unpaid $36,398.07 judgment owed to Plaintiff. NATURE OF THE ACTION 1. This is an action, in rem, to foreclose on real property located in Miami-Dade County, Florida pursuant to a judgment-lien against Defendant/Judgment-Debtor, who is the owner of the real property. PARTIES 2. Plaintiff is a Florida limited liability company with a principal place of business at 700 71st Street, Miami Beach, FL 33141. 3. Defendant/Judgment-Debtor is a natural person residing at 1801 Treasure Drive, Apt. 121, North Bay Village, FL 33141. CHASE LAW & ASSOCIATES, P.A. 1141 71ST STREET, MIAMI BEACH, FLORIDA 33141 4. Defendant Nationstar Mortgage, LLC (“Nationstar”) is a Delaware limited liability company with a principal address of 350 Highland Drive, Lewisville, TX 75067. 5. Unknown Tenants are unknown individuals residing in real property located at 16851 NE 23 Ave, #B304, Miami, FL 33160. JURISDICTION AND VENUE 6. The real property at issue in this action, in rem, is located in Miami-Dade County. 7. All parties conduct business in Miami-Dade County and/or have substantial contacts in Miami-Dade County and/or have minimum contacts in Miami-Dade County and/or this action arose in Miami-Dade County. 8. The amount in controversy exceeds $30,000.00, exclusive of costs, interest and attorneys’ fees. 9. Venue is appropriate in this court. FACTS COMMON TO ALL ALLEGATIONS 10. Plaintiff incorporates by reference the allegations contained in the preceding paragraphs as if fully set out herein. 11. On December 23, 2005, Defendant/Judgment-Debtor received a warranty deed conferring title to real property known as 16851 NE 23 Ave, #B304, Miami, FL 33160 (the “Property”). The legal description of the Property is as follows: -2- CHASE LAW & ASSOCIATES, P.A. 1141 71ST STREET, MIAMI BEACH, FLORIDA 33141 12. The Deed was duly recorded on January 11, 2006 in the Miami- Dade Official Records in Book 24135, Page 4718. Ex. A. 13. At all relevant times herein, Defendant/Judgment-Debtor has remained the sole owner of the Property in fee simple. 14. On December 23, 2005, Defendant/Judgment-Debtor executed a mortgage in favor of mortgagee JPMorgan Chase Bank, N.A. (“JP Morgan”). The JP Morgan mortgage was recorded in the Miami-Dade Official Records on January 11, 2006 in Book 24135, Page 4719. Ex. B. 15. On February 16, 2015, JP Morgan executed an assignment of mortgage, transferring the JP Morgan mortgage to new mortgagee Nationstar. The Nationstar mortgage was recorded in the Miami-Dade Official Records on February 25, 2015 in Book 29514, Page 2281. Ex. C. 16. On January 14, 2021, the Honorable Carlos Guzman of the Miami- Dade Circuit Court entered a final judgment in favor of Plaintiff and against Defendant/Judgment-Debtor for $36,398.07 (the “Judgment”). The Judgment was recorded in the Miami-Dade Official Records on January 15, 2021 in Book 32293, Page 177. Ex. D. 17. On February 17, 2021, a judgment lien was filed against Defendant/Judgment-Debtor with the Florida Secretary of State on Sunbiz under confirmation number J21000067029 (the “Judgment-lien”). Ex. E. 18. On August 4, 2021, Plaintiff recorded a certified copy of the Judgment with the Judgment-lien and an affidavit with the Plaintiff’s and the Defendant/Judgment-Debtor’s addresses. Book 32658, Page 292. Ex. F. -3- CHASE LAW & ASSOCIATES, P.A. 1141 71ST STREET, MIAMI BEACH, FLORIDA 33141 19. Defendant/Judgment-Debtor is in default under the terms of the Judgment, and has not satisfied the Judgment. 20. The Judgment is immediately due and payable and Plaintiff accelerates the $36,398.07 principal sum owed together with 4.81% statutory post-judgment interest from January 14, 2021. 21. All conditions precedent to foreclosure on the Property have been fulfilled or have occurred. 22. The Property is not the Defendant/Judgment-Debtor’s Homestead, as the Defendant/Judgment-Debtor does not reside in the Property. 23. Defendant/Judgment-Debtor is obligated to pay Plaintiff the principal amount of $36,398.07, with interest accruing from January 14, 2021. 24. As a result of Defendant/Judgment-Debtor’s default, it has become necessary for Plaintiff to employ the undersigned attorney to prosecute this action and Plaintiff is entitled to recover the reasonable attorneys’ fees for Plaintiff’s counsel’s services. 25. Nationstar is the assignee holding what appears to be a first mortgage on the Property. As of June 7, 2021, the remaining principal balance on the mortgage was $113,793.48 with a $5,886.33 escrow balance. 26. The market value of the Property is approximately $160,700.00. 27. Defendant/Judgment-Debtor currently owns, possesses, or has the right to possess the Property, however said interest is subordinate to the rights of Plaintiff. -4- CHASE LAW & ASSOCIATES, P.A. 1141 71ST STREET, MIAMI BEACH, FLORIDA 33141 COUNT ONE – FORECLOSURE 28. Plaintiff incorporates by reference the allegations contained in the preceding paragraphs as if fully set out herein. 29. This is an action to foreclose on real property (to wit: the “Property”) in Miami-Dade County, Florida, having a legal description as set forth herein and incorporated by reference, with a street address of 16851 NE 23 Ave, #B304, Miami, FL 33160. 30. In accordance with Florida law, Plaintiff is entitled to foreclosure upon default of Defendant/Judgment-Debtor’s obligation to pay Plaintiff a sum of $36,398.07 in principal owed together with 4.81% statutory post-judgment interest from January 14, 2021. 31. Plaintiff is further entitled to appointment of a Receiver to take possession of the Property, and to collect the income and rents derived from the Property. 32. Plaintiff seeks a Court order addressing the Nationstar mortgage, and a payoff of the Nationstar mortgage as appropriate. 33. All conditions precedent to the enforcement of Plaintiff’s right to foreclosure herein and the maintenance of this action have been performed or have occurred. 34. Plaintiff is entitled to recover its costs and reasonable attorneys’ fees. -5- CHASE LAW & ASSOCIATES, P.A. 1141 71ST STREET, MIAMI BEACH, FLORIDA 33141 WHEREFORE, Plaintiff requests that this Honorable Court: A. Take jurisdiction of the parties thereto and of the subject matter hereof; B. Order that Plaintiff’s Judgment-lien is a valid first lien on the Property described and is superior to any lien of record with the possible exception of the Nationstar mortgage; C. Order foreclosure of the Property pursuant to the Judgment-lien, and that Defendant/Judgment-Debtor be foreclosed; D. Determine the amount of interest due in addition to the $36,398.07 principal Judgment sum sued upon herein; E. Order that if said sum due Plaintiff is not paid in full within the time set by this Court, the Property shall then be sold by Order of this Court to satisfy Plaintiff’s claim; F. Order, as appropriate, a payoff of the Nationstar mortgage from the proceeds of the sale of the Property; G. Order that ifthe proceeds from such court-ordered sale are insufficient to pay Plaintiff’s claim, then a deficiency judgment shall be entered for the remaining sum against Defendant/Judgment-Debtor; H. Order delivery and possession of the real property to the purchaser thereof upon proof of the demand or refusal of Defendant/Judgment-Debtor to vacate and surrender such possession, and that the clerk be directed to issue a writ of possession without further order of this Court; I. Order that a Receiver be appointed to take possession of the Property and collect the rents, income, and profits derived from the Property during the pendency of this litigation; J. Order Plaintiff’s reasonable attorney’s fees in an amount to be determined; -6- CHASE LAW & ASSOCIATES, P.A. 1141 71ST STREET, MIAMI BEACH, FLORIDA 33141 K. Retain jurisdiction of this cause and the parties hereto to determine Plaintiff’s entitlement to a deficiency judgment and the amount thereof; and, L. Grant such other and further relief as appears just and equitable under the circumstances. Respectfully submitted, By: /s/ Kenneth E. Chase Kenneth E. Chase Chase Law & Associates, P.A. 1141 71st Street Miami Beach, FL 33141 Tel: (305) 402-9800 Fax: (305) 402-2725 Email: kchase@chaselaw.com Email: efile@chaselawnational.com Attorneys for Plaintiff/ Judgment-Creditor Chips 2, LLC -7- CHASE LAW & ASSOCIATES, P.A. 1141 71ST STREET, MIAMI BEACH, FLORIDA 33141 EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F