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Case Number:19-000071-CI
Filing # 82675497 E-Filed 12/30/2018 10:01:00 AM
1N THE CIRCUIT COURT OF THE SIXTH
JUDKCIAL CIRCUIT IN AND FOR PINELLAS
COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.
U.S. BANK NATIONAL ASSOCIATION,
Plaintiff,
VS.
MONICA L. AGRIPPA; UNKNOWN
SPOUSE OF MONICA L. AGRIPPA;
FLORIDA HOUSlNG FINANCE
CORPORATION; AQUA FINANCE, INC,
Defendanms)
/
VERIFIED COMFLAINT FOR FORECLOSURE OF MORTGAGE
Plaintiff,US. BANK NATIONAL ASSOCIATION, sues the Defendants and alleges:
COUNT I ~ MORTGAGE FORECLOSURE
1. This is an action to foreclose amongage on real property in PINELLAS County, Florida.
2. The Court hasjurisdiction over the subject matter.
3. On November 2!, 2014, MONICA L. AGRIPPA executed and delivered a,promissory note
and a mofigage securing payment of the note t0 REGIONS BANK D/B/A REGIONS MORTGAGE.
A copy of the note isattached hereto as Exhibit "A". The Mortgage was recorded on December 3,
2014, inOfficial Records Book 18605, Page 387, of the Public Records of Pinellas County, Florida,
and mortgaged the propeny described in the mortgage then owned by the M011gagor(s)A A copy of
the mortgage isattached hereto as Exhibit 'B'.
4. The Plaintiff‘sMortgage isa lien superior indignity t0 any prior or subsequent right, title,
claim, lien,01‘interest0f any defendant in this action,including but not limited to,any interest arising
out of M0rtgagor(s) 01‘Mofigagor(s)‘ predecessor(s) and/or successors in interest.
5. PJaintiffisthe holder ofthe original not_e secured by the mortgage.
U-AJDU54
'I —UWM
***ELECTRONICALLY FILED 01/03/2019 06:55:34 AM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***§
6. Defenda11t(s) have dafaulted under the Note and Mortgage by failing t0 pay the payment due
July l,20} 8,and allsubsequent payments.
7. Plaintiff declares thefiJll amount payable under the Note and Mortgage to be due, except to
the extent any pafl of that amount is0r would be subject to a statute of limitations defense.
8. Pursuant to the terms of the note and mortgage, and except for those Defendants who have
been discharged in bankruptcy, Defendant(s) owe Plaintiff $82,291.89 that isdue and owing 0n
principal 0n the Note and Mortgage, plus interestfrom and after June l,2018, and title search
expenses for ascertaining necessaxy parties to this action.
9. the Plaintiff may
In order to protect its security, have advanced and paid Ad Vanrem Taxes,
premiums 0n insurance required by the Mortgage and other necessary costs, 0r may be required t0
make such advances during the pendency ofthis action. Any such sum(s) so paid will also be due
and owing pursuant to theterms 0f the note and mortgage.
10. The property is now owned by Defendant(s), MONICA L. AGRIPPA, ifliving and, if dead,
the unknown spouses, heirs, and beneficiaries of MONICA L. AGRIPPA who now hold(s)
possession.
1 l. All conditions precedent to the acceleration of this note 21ndmongage and t0 foreclosure 0f
the mortgage have occurred, been satisfied or been waived.
12. Plaintiffis obligated to pay itsattorneys a reasonable fee for their services. Plaintiff is
cntitled to recoveritsattorneys' fees pursuant to the express terms of the Note and Mortgage.
l3. Plaintiff allegesthat the claims of the remaining Dafendants are secondary, junior, inferior
and subject to the prior claimof Plaintiff.
14. Defendant, UNKNOWN SPOUSE OF MONICA L. AGRIPPA, may claim, some right, title,
or interest in the property herein sought t0 be foreclosed by vinue 0f homestead rights, possession or
some other unknown interest,the exact nature of which is unknown to Plaintiffand not a matter 0f
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18-235064 —GWM
public record. However, said inierest, ifany, is subordinate, junior, and inferior to the lien of
Plaintiffs mortgage.
15. Any interest in the property inuring to the Defendant, FLORIDA HOUSING FINANCE
CORPORATION, is subordinate and inferiort0 the lien 0f Plaintiff‘smortgage, including, but not
limited t0, SUBORDINATE MORTGAGE recorded December 3, 2014, in Official Record Book
18605 at Page 397 0f the Public Records 0f Pinellas County, Florida.
16. Any interest:in the property inuring t0 the Defendant, AQUA FINANCE, INC, is
subordinate and inferior t0 the lien 0f Plaintiff's mortgage, including, but not iimited to, UCC
FINANCING STATEMENT recorded January 21, 20.16, in Official Record Book 19057 at Page
1663 Ofthe Public Records 0f Pinellas County, Florida.
WHEREFORE, Plaintiff demands judgment foreclosing the moxtgage, for costs (and, when
applicable, attorneys‘ fees), and, if the proceeds 0f the sale are insufficient to pay Plaintiffs
judgment, Plaintiff asks the court to reserve jurisdiction to determine whether a deficiency is
appropriate, in the event itissought. Subject to any applicable Statute of limitations, Plaintiff funher
requests that the Court ascertain the amount due to Plaintiff for principal and interest 0n the
Mortgage and Note, and for latecharges, abstracting, taxes, expenses and costs, including attomey's
fees, plus interestthereon. If the sums due Plaintiff under the Mortgage and Note are not paid
immediately, Plaintiff requests that theCoufi foreclose the Mortgage and the Clerk of the Court sell
the Property securing the indebtedness t0 satisfy the Plaintiff‘s mortgage lien in accordance with the
provisions 0f Florida Statutes §4S.031 (2006); and that the rights, and
title interest0f any Defendant,
or any pany claiming by, through, under or against any Defendant named herein or hereinafter made
a Defendant be forever barred and foreclosed. Plaintiff futther requests, where applicable, that the
Court appoint a receiverofthe Propelty and of the rents, issues:income and profits thereof, 01'in the
alternative, order sequestration of rents, issues, income and profits pursuant to Florida Statutes
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18-235064 -GWM
§697.07 (2006); and that the Court retain jurisdiction0f this actiont0 make any and allfurther orders
and judgments as may be necessary and proper, including the issuance of a writ of possession and the
entry 0f a deficiency judgment decree, when and if such deficiency decree shall appear proper,
provided Borroweds) has/have not been discharged in bankruptcy. Finally, Plaintiff asks the Court to
retain jurisdictiont0 resolve disputes that might arise with respect;10 assessments due 0r allegedly
due to any I~Iomeowners or Condominium Association, if applicable.
VERIFICATION OF COMPLAINT
Under penaity of perjury, I declare that Ihave read the foregoing, and the facts alleged therein
are true and correct to the best 0f my knowledge and belief.
Executed 0n thisgfi’fifday 0f December, 2018. y
Chant)! M. Wsfint Vice President
Company: U.S. BANK NATIONAL ASSOCIATION
ROBERTSON} ANSCHUTZ & SCHNEID, P.L.
Attorney for Piaintiff
6409 Congress Ava, Suite 100
Boca Raton, FL 33487
Telephone: 56 1—24 1 -690 1
Facsimile: 561-997-6909
Service Email: mail@rasflaw30m
By. .7
[ ]
Melissa Konick, Esq, FL Bar N04 17569, Email Address: mkonick@rasflaw.com
;
[Vf Wendy Mansweli, Esq.,FL Bar N0. 12027, Email Address: wmanswell@rasflaw.com
[ ]
Rosemarie Wildman, Esq, FL Bar No. 645869, Email Address: rwildman@rasflaw.com
[ ] Gweneth Brimm, Esq, FL Bar N0. 72760}, Email Address: gbrimm@rasflaw.com
[ }
Shannon Dobel, Esq, FL Bar N0. 126299, Email Address: sdobei@rasflaw,com
{ ] Alecia Daniel, Esq., FL Bar No. 36955, Email Address: adaniel@rasflaw.com
PAGE 4
18—235054 —GwM
Preview
Case Number:19-000071-CI Filing # 82675497 E-Filed 12/30/2018 10:01:00 AM 1N THE CIRCUIT COURT OF THE SIXTH JUDKCIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. U.S. BANK NATIONAL ASSOCIATION, Plaintiff, VS. MONICA L. AGRIPPA; UNKNOWN SPOUSE OF MONICA L. AGRIPPA; FLORIDA HOUSlNG FINANCE CORPORATION; AQUA FINANCE, INC, Defendanms) / VERIFIED COMFLAINT FOR FORECLOSURE OF MORTGAGE Plaintiff,US. BANK NATIONAL ASSOCIATION, sues the Defendants and alleges: COUNT I ~ MORTGAGE FORECLOSURE 1. This is an action to foreclose amongage on real property in PINELLAS County, Florida. 2. The Court hasjurisdiction over the subject matter. 3. On November 2!, 2014, MONICA L. AGRIPPA executed and delivered a,promissory note and a mofigage securing payment of the note t0 REGIONS BANK D/B/A REGIONS MORTGAGE. A copy of the note isattached hereto as Exhibit "A". The Mortgage was recorded on December 3, 2014, inOfficial Records Book 18605, Page 387, of the Public Records of Pinellas County, Florida, and mortgaged the propeny described in the mortgage then owned by the M011gagor(s)A A copy of the mortgage isattached hereto as Exhibit 'B'. 4. The Plaintiff‘sMortgage isa lien superior indignity t0 any prior or subsequent right, title, claim, lien,01‘interest0f any defendant in this action,including but not limited to,any interest arising out of M0rtgagor(s) 01‘Mofigagor(s)‘ predecessor(s) and/or successors in interest. 5. PJaintiffisthe holder ofthe original not_e secured by the mortgage. U-AJDU54 'I —UWM ***ELECTRONICALLY FILED 01/03/2019 06:55:34 AM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***§ 6. Defenda11t(s) have dafaulted under the Note and Mortgage by failing t0 pay the payment due July l,20} 8,and allsubsequent payments. 7. Plaintiff declares thefiJll amount payable under the Note and Mortgage to be due, except to the extent any pafl of that amount is0r would be subject to a statute of limitations defense. 8. Pursuant to the terms of the note and mortgage, and except for those Defendants who have been discharged in bankruptcy, Defendant(s) owe Plaintiff $82,291.89 that isdue and owing 0n principal 0n the Note and Mortgage, plus interestfrom and after June l,2018, and title search expenses for ascertaining necessaxy parties to this action. 9. the Plaintiff may In order to protect its security, have advanced and paid Ad Vanrem Taxes, premiums 0n insurance required by the Mortgage and other necessary costs, 0r may be required t0 make such advances during the pendency ofthis action. Any such sum(s) so paid will also be due and owing pursuant to theterms 0f the note and mortgage. 10. The property is now owned by Defendant(s), MONICA L. AGRIPPA, ifliving and, if dead, the unknown spouses, heirs, and beneficiaries of MONICA L. AGRIPPA who now hold(s) possession. 1 l. All conditions precedent to the acceleration of this note 21ndmongage and t0 foreclosure 0f the mortgage have occurred, been satisfied or been waived. 12. Plaintiffis obligated to pay itsattorneys a reasonable fee for their services. Plaintiff is cntitled to recoveritsattorneys' fees pursuant to the express terms of the Note and Mortgage. l3. Plaintiff allegesthat the claims of the remaining Dafendants are secondary, junior, inferior and subject to the prior claimof Plaintiff. 14. Defendant, UNKNOWN SPOUSE OF MONICA L. AGRIPPA, may claim, some right, title, or interest in the property herein sought t0 be foreclosed by vinue 0f homestead rights, possession or some other unknown interest,the exact nature of which is unknown to Plaintiffand not a matter 0f PAGE 2 18-235064 —GWM public record. However, said inierest, ifany, is subordinate, junior, and inferior to the lien of Plaintiffs mortgage. 15. Any interest in the property inuring to the Defendant, FLORIDA HOUSING FINANCE CORPORATION, is subordinate and inferiort0 the lien 0f Plaintiff‘smortgage, including, but not limited t0, SUBORDINATE MORTGAGE recorded December 3, 2014, in Official Record Book 18605 at Page 397 0f the Public Records 0f Pinellas County, Florida. 16. Any interest:in the property inuring t0 the Defendant, AQUA FINANCE, INC, is subordinate and inferior t0 the lien 0f Plaintiff's mortgage, including, but not iimited to, UCC FINANCING STATEMENT recorded January 21, 20.16, in Official Record Book 19057 at Page 1663 Ofthe Public Records 0f Pinellas County, Florida. WHEREFORE, Plaintiff demands judgment foreclosing the moxtgage, for costs (and, when applicable, attorneys‘ fees), and, if the proceeds 0f the sale are insufficient to pay Plaintiffs judgment, Plaintiff asks the court to reserve jurisdiction to determine whether a deficiency is appropriate, in the event itissought. Subject to any applicable Statute of limitations, Plaintiff funher requests that the Court ascertain the amount due to Plaintiff for principal and interest 0n the Mortgage and Note, and for latecharges, abstracting, taxes, expenses and costs, including attomey's fees, plus interestthereon. If the sums due Plaintiff under the Mortgage and Note are not paid immediately, Plaintiff requests that theCoufi foreclose the Mortgage and the Clerk of the Court sell the Property securing the indebtedness t0 satisfy the Plaintiff‘s mortgage lien in accordance with the provisions 0f Florida Statutes §4S.031 (2006); and that the rights, and title interest0f any Defendant, or any pany claiming by, through, under or against any Defendant named herein or hereinafter made a Defendant be forever barred and foreclosed. Plaintiff futther requests, where applicable, that the Court appoint a receiverofthe Propelty and of the rents, issues:income and profits thereof, 01'in the alternative, order sequestration of rents, issues, income and profits pursuant to Florida Statutes PAGE 3 18-235064 -GWM §697.07 (2006); and that the Court retain jurisdiction0f this actiont0 make any and allfurther orders and judgments as may be necessary and proper, including the issuance of a writ of possession and the entry 0f a deficiency judgment decree, when and if such deficiency decree shall appear proper, provided Borroweds) has/have not been discharged in bankruptcy. Finally, Plaintiff asks the Court to retain jurisdictiont0 resolve disputes that might arise with respect;10 assessments due 0r allegedly due to any I~Iomeowners or Condominium Association, if applicable. VERIFICATION OF COMPLAINT Under penaity of perjury, I declare that Ihave read the foregoing, and the facts alleged therein are true and correct to the best 0f my knowledge and belief. Executed 0n thisgfi’fifday 0f December, 2018. y Chant)! M. Wsfint Vice President Company: U.S. BANK NATIONAL ASSOCIATION ROBERTSON} ANSCHUTZ & SCHNEID, P.L. Attorney for Piaintiff 6409 Congress Ava, Suite 100 Boca Raton, FL 33487 Telephone: 56 1—24 1 -690 1 Facsimile: 561-997-6909 Service Email: mail@rasflaw30m By. .7 [ ] Melissa Konick, Esq, FL Bar N04 17569, Email Address: mkonick@rasflaw.com ; [Vf Wendy Mansweli, Esq.,FL Bar N0. 12027, Email Address: wmanswell@rasflaw.com [ ] Rosemarie Wildman, Esq, FL Bar No. 645869, Email Address: rwildman@rasflaw.com [ ] Gweneth Brimm, Esq, FL Bar N0. 72760}, Email Address: gbrimm@rasflaw.com [ } Shannon Dobel, Esq, FL Bar N0. 126299, Email Address: sdobei@rasflaw,com { ] Alecia Daniel, Esq., FL Bar No. 36955, Email Address: adaniel@rasflaw.com PAGE 4 18—235054 —GwM