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Filing # 31007958 E-Filed 08/18/2015 03:13:08 PM
IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT
IN AND FOR ALACHUA COUNTY, FLORIDA
CIVIL ACTION
BANK OF AMERICA NA,
Plaintiff,
vs. CASE NO.: 01 2012 CA 003552
DIVISION:
ANNA BOTHA, et al,
Defendant(s).
PLAINTIFF’S MOTION TO REOPEN CASE FOR LIMITED PURPOSE OF EXTRACTING ORIGINAL
NOTE AND MOTION TO RETURN ORIGINAL NOTE
Plaintiff, BANK OF AMERICA NA, moves this Honorable Court for an Order Granting Motion to Reopen
Case for Limited Purpose of Extracting Original Note, and Motion to Return Original Note, and in support thereof
states:
1. On or about August 22, 2012, Plaintiff's counsel initiated this action by filing a Lis Pendens and
Mortgage Foreclosure Complaint.
2. On or about October 24, 2013, Plaintiffs counsel filed the original Note with the Clerk of Court.
3. On or about March 7, 2014, this case was dismissed by the Court and the case subsequently
closed.
4. The original Note remain filed in the Court file for this case.
5. As representative for the Plaintiff, the undersigned counsel’s office seeks an order from the Court
returning the original Note.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an order reopening this case for
the limited purpose of extracting original Note and returning the same to Plaintiff's counsel and for any further relief
this Court deems just and proper.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to all parties on the
attached service list by mail or eService on this \ ) day of August, 2015.
Albertelli Law
P.O. Box 23028
Tampa, FL 33623
(813) 221-4743
(813) 221-9171 facsimile
eService: servealaw@albertellilaw.com
By:
et Justin Ritchie,
Florida Bar #: 106621
"2012 CA 003552" 31007958 Filed at Alachua County Clerk 08/18/2015 03:13:13 PM EDTLOAN NUMBER a
NOTE
12/11/03 GAINESVILLE FL
(Date) {City} [State]
603 SOUTHWEST 75TH STREET 106, GAINESVILLE, FL 32607
(Property Address]
1, BORROWER'S PROMISE TO PAY
In return for a loan that] have received, I promise to pay U.S. $ 60,000.00 (thie amount is called
"Principal”), plus interest, to the order of the Lender. The Lender is BANK OF AMERICA, N.A.
I will make all payments under this Note in the form of cash, check or money order.
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who
is entitled to receive payments under this Note is called the "Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a
yearly rate of 5.875 h.
The interest rate required by this Section 2is the rate I will pay both before and after any default described in Section
6(B) of this Note,
3, PAYMENTS
(A) Time and Place of Payments
Iwill pay principal and interest by making a payment every month.
Iwill make my monthly paymentonthe 18T — day ofeach month beginningon FEBRUARY 01, 2004
I will make these payments every month until I have paid all of the principal and interest and any other charges described
below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be
applied to interest before Principal. If,on JANUARY 01, 2034 , 1 still owe amounts under
this Note, I will pay those amountsin full on that date, which is called the "Maturity Date.”
Iwill make my monthly paymentsat BANK OF AMERICA MORTGAGE, P.O, BOX 17404, BALTIMORE, MD
21297~ 1404 or at a different place if required by the Note Holder,
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $ 354,93
4. BORROWER’S RIGHT TO PREPAY
1 HAVE THE RIGHT TO MAKE PAYMENTS OF PRINCIPAL AT ANY TIME BEFORE THEY ARE QUE. A PAYMENT OF PRINCIPAL ONLY IS
KNOWN AS A "PREPAYMENT." WHEN | MAKE A PREPAYMENT, § WILL TELL THE NOTE HOLDER IN WRITING THAT | AM DOING SO. | MAY
NOT DESIGNATE A PAYMENT AS A PREPAYMENT IF 1 HAVE NOT MADE ALL THE MONTHLY PAYMENTS DUE UNDER THIS NOTE.
1 MAY MAKE A FULL PREPAYMENT OR PARTIAL PREPAYMENT WITHOUT PAYING ANY PREPAYMENT CHARGE. AFTER PAYING ANY LATE
FEES OR OUTSTANDING FEES THAT | OWE, THE NOTE HOLOER WILL USE MY PREPAYNENTS TO REDUCE THE AMOUNT OF PRINCIPAL THAT |
OWE UNOER THIS NOTE, HOWEVER, THE NOTE HOLDER MAY APPLY MY PREPAYMENT TO THE ACCRUEO ANO UNPAIO INTEREST ON THE
PREPAYMENT AMOUNT 8EFORE APPLYING MY PREPAYMENT TO REDUCE THE PRINCIPAL AMOUNT OF THIS NOTE, IF | MAKE A PARTIAL
PREPAYMENT, THERE WILL BE NO CHANGES IN THE DUE DATES OR IN THE AMOUNT OF MY MONTHLY PAYNENT UNLESS THE NOTE HOLDER
AGREES IN WRITING TO THOSE CHANGES.
exHiait +
FLORIDA FIXED RATE NOTE ~ Single Family
Piga tof 3
BS5NIFL) cron VMP MORTGAGE FORMS - (800)821-72915. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest
or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any
such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums
already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to
make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund
reduces Principal, the reduction will be treated as a partial Prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15
calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be
5.0 % of my overdue payment of principal and interest, | will pay this late charge promptly but
only once on each late payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If Iam in default, the Note Holder may send mea written notice telling me that if I do not pay the overdue amount
by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been
paid and all the interest that I owe on that amount, That date must be at least 30 days after the date on which the notice
is mailed to me or delivered by other means.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in ful! as
described above, the Note Holder will stil! have the right to do so if I am in default ata later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the
right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by
applicable law. Those expenses include, for example, reasonable attorneys’ fees.
7. GIVING OF NOTICES
‘Unless applicable law requires a different method, any notice that must be given to me under this Note will be
given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if
I give the Note Holder a notice of my different address,
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by
first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a
notice of that different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises
made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or
endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the
obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this
Note. The Note Holder may enforce its rights under this Note against each person individvally or against all of us
together, This means that any one of us may be required to pay all of the amounts owed under this Note.
9. WAIVERS
T and any other person who has obligations under this Note waive the rights of Presentment and Notice of
Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of
Dishonor” means the right to require the Note Holder to give notice to other persons that amounts due have not been
paid.
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions, In addition to the protections
given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the “Security Instrument"),
dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the
BSBNEFLI (orn dabole
SRFL 12/11/03 12:39 PM waethe promises which I make in this Note. That Security Instrument describes how and under what conditions I may be
required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions read as
follows:
Hf all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is
not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written
consent, Lender may require immediate payment in full of all sums secured by this Security Instrument,
However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shail
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within
which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums
prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument
without further notice or demand on Borrower.
11. DOCUMENTARY TAX
The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
QAana Daina.
‘ANNA BOTHA
(Seat)
-Borrower
(Seal)
PAY TO THE ORDER OF
——_.
-Borrower
(Seal)
MHTHSUF RECOURSE,
Bank of America, NA.
-Borrower
(Seal)
WItLIAM [.
MIRA THI WIRES Sieeibenr
~Borrower
(Seal)
~Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
BSSNIFL) 101
Page 3 of 3
BRFL 12/11/08 12:99 UY
~Borrower
(Sign Original Only)Service List
Anna Botha A/K/A Anna K. Botha
603 SW 75Th Street 106
Gainesville, Florida 32607
Anna Botha
603 SW 75Th Street 106
Gainesville, FL 32607
Regions Bank F/K/A Amsouth Bank
C/O Legal Department
1901 N. 6Th Ave
Birmingham, Alabama 35203
Sparrow Condominium, Inc.
Treasurer, Cynthia Long
4908 NW 34Th Street, Suite 5
Gainesville, Florida 32605
Regions Bank F/K/A Amsouth Bank
1901 N. 6Th Ave
Birmingham, AL 35203
Sparrow Condominium Inc.
C/O Thomas A. Daniel, Esq.
623 North Main Street
Gainesville, FL 32601
E-Serve I: tdaniellaw@gmail.com
Any and All Unknown Parties
C/O Richard Zaden, Esq.
Guardian ad litem
Seiler, Zaden, Rimes & Wahlbrink
2850 N Andrews Ave
Fort Lauderdale, Florida 33311
E-Serve 1: rzaden@sszrlaw.com
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Filing # 31007958 E-Filed 08/18/2015 03:13:08 PM IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR ALACHUA COUNTY, FLORIDA CIVIL ACTION BANK OF AMERICA NA, Plaintiff, vs. CASE NO.: 01 2012 CA 003552 DIVISION: ANNA BOTHA, et al, Defendant(s). PLAINTIFF’S MOTION TO REOPEN CASE FOR LIMITED PURPOSE OF EXTRACTING ORIGINAL NOTE AND MOTION TO RETURN ORIGINAL NOTE Plaintiff, BANK OF AMERICA NA, moves this Honorable Court for an Order Granting Motion to Reopen Case for Limited Purpose of Extracting Original Note, and Motion to Return Original Note, and in support thereof states: 1. On or about August 22, 2012, Plaintiff's counsel initiated this action by filing a Lis Pendens and Mortgage Foreclosure Complaint. 2. On or about October 24, 2013, Plaintiffs counsel filed the original Note with the Clerk of Court. 3. On or about March 7, 2014, this case was dismissed by the Court and the case subsequently closed. 4. The original Note remain filed in the Court file for this case. 5. As representative for the Plaintiff, the undersigned counsel’s office seeks an order from the Court returning the original Note. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an order reopening this case for the limited purpose of extracting original Note and returning the same to Plaintiff's counsel and for any further relief this Court deems just and proper. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to all parties on the attached service list by mail or eService on this \ ) day of August, 2015. Albertelli Law P.O. Box 23028 Tampa, FL 33623 (813) 221-4743 (813) 221-9171 facsimile eService: servealaw@albertellilaw.com By: et Justin Ritchie, Florida Bar #: 106621 "2012 CA 003552" 31007958 Filed at Alachua County Clerk 08/18/2015 03:13:13 PM EDTLOAN NUMBER a NOTE 12/11/03 GAINESVILLE FL (Date) {City} [State] 603 SOUTHWEST 75TH STREET 106, GAINESVILLE, FL 32607 (Property Address] 1, BORROWER'S PROMISE TO PAY In return for a loan that] have received, I promise to pay U.S. $ 60,000.00 (thie amount is called "Principal”), plus interest, to the order of the Lender. The Lender is BANK OF AMERICA, N.A. I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 5.875 h. The interest rate required by this Section 2is the rate I will pay both before and after any default described in Section 6(B) of this Note, 3, PAYMENTS (A) Time and Place of Payments Iwill pay principal and interest by making a payment every month. Iwill make my monthly paymentonthe 18T — day ofeach month beginningon FEBRUARY 01, 2004 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If,on JANUARY 01, 2034 , 1 still owe amounts under this Note, I will pay those amountsin full on that date, which is called the "Maturity Date.” Iwill make my monthly paymentsat BANK OF AMERICA MORTGAGE, P.O, BOX 17404, BALTIMORE, MD 21297~ 1404 or at a different place if required by the Note Holder, (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 354,93 4. BORROWER’S RIGHT TO PREPAY 1 HAVE THE RIGHT TO MAKE PAYMENTS OF PRINCIPAL AT ANY TIME BEFORE THEY ARE QUE. A PAYMENT OF PRINCIPAL ONLY IS KNOWN AS A "PREPAYMENT." WHEN | MAKE A PREPAYMENT, § WILL TELL THE NOTE HOLDER IN WRITING THAT | AM DOING SO. | MAY NOT DESIGNATE A PAYMENT AS A PREPAYMENT IF 1 HAVE NOT MADE ALL THE MONTHLY PAYMENTS DUE UNDER THIS NOTE. 1 MAY MAKE A FULL PREPAYMENT OR PARTIAL PREPAYMENT WITHOUT PAYING ANY PREPAYMENT CHARGE. AFTER PAYING ANY LATE FEES OR OUTSTANDING FEES THAT | OWE, THE NOTE HOLOER WILL USE MY PREPAYNENTS TO REDUCE THE AMOUNT OF PRINCIPAL THAT | OWE UNOER THIS NOTE, HOWEVER, THE NOTE HOLDER MAY APPLY MY PREPAYMENT TO THE ACCRUEO ANO UNPAIO INTEREST ON THE PREPAYMENT AMOUNT 8EFORE APPLYING MY PREPAYMENT TO REDUCE THE PRINCIPAL AMOUNT OF THIS NOTE, IF | MAKE A PARTIAL PREPAYMENT, THERE WILL BE NO CHANGES IN THE DUE DATES OR IN THE AMOUNT OF MY MONTHLY PAYNENT UNLESS THE NOTE HOLDER AGREES IN WRITING TO THOSE CHANGES. exHiait + FLORIDA FIXED RATE NOTE ~ Single Family Piga tof 3 BS5NIFL) cron VMP MORTGAGE FORMS - (800)821-72915. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.0 % of my overdue payment of principal and interest, | will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If Iam in default, the Note Holder may send mea written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount, That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in ful! as described above, the Note Holder will stil! have the right to do so if I am in default ata later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys’ fees. 7. GIVING OF NOTICES ‘Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address, Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individvally or against all of us together, This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS T and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor” means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions, In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the “Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the BSBNEFLI (orn dabole SRFL 12/11/03 12:39 PM waethe promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions read as follows: Hf all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument, However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shail provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 11. DOCUMENTARY TAX The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. QAana Daina. ‘ANNA BOTHA (Seat) -Borrower (Seal) PAY TO THE ORDER OF ——_. -Borrower (Seal) MHTHSUF RECOURSE, Bank of America, NA. -Borrower (Seal) WItLIAM [. MIRA THI WIRES Sieeibenr ~Borrower (Seal) ~Borrower (Seal) -Borrower (Seal) -Borrower (Seal) BSSNIFL) 101 Page 3 of 3 BRFL 12/11/08 12:99 UY ~Borrower (Sign Original Only)Service List Anna Botha A/K/A Anna K. Botha 603 SW 75Th Street 106 Gainesville, Florida 32607 Anna Botha 603 SW 75Th Street 106 Gainesville, FL 32607 Regions Bank F/K/A Amsouth Bank C/O Legal Department 1901 N. 6Th Ave Birmingham, Alabama 35203 Sparrow Condominium, Inc. Treasurer, Cynthia Long 4908 NW 34Th Street, Suite 5 Gainesville, Florida 32605 Regions Bank F/K/A Amsouth Bank 1901 N. 6Th Ave Birmingham, AL 35203 Sparrow Condominium Inc. C/O Thomas A. Daniel, Esq. 623 North Main Street Gainesville, FL 32601 E-Serve I: tdaniellaw@gmail.com Any and All Unknown Parties C/O Richard Zaden, Esq. Guardian ad litem Seiler, Zaden, Rimes & Wahlbrink 2850 N Andrews Ave Fort Lauderdale, Florida 33311 E-Serve 1: rzaden@sszrlaw.com