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Filing # 94592310 E-Filed 08/22/2019 10:55:38 AM
IN THE CIRCUIT COURT OF THE
FOURTEENTH JUDICIAL CIRCUIT IN AND
FOR BAY COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASENO. 19003196CA
NATIONSTAR MORTGAGE LLC D/B/A
CHAMPION MORTGAGE COMPANY,
Plaintiff,
VS.
THE UNKNOWN HEIRS,
BENEFICIARIES, DEVISEES,
GRANTEES, ASSIGNEES, LIENORS,
CREDITORS, TRUSTEES AND ALL
OTHERS WHO MAY CLAIM AN
INTEREST IN THE ESTATE OF NYLA K.
FOX A/K/A NILA FOX, DECEASED, et.
al.,
Defendant(s).
NOTICE OF SUBMITTING FLA.STAT.§ 702.015(4) CERTIFICATION
Plaintiff, by and through its undersigned counsel, hereby submits contemporaneously
with the Complaint in this case the attached Certification of Possession pursuant to
Fla.Stat.§702.015(4).
ROBERTSON, ANSCHUTZ & SCHNEID, P.L.
Attorney for Plaintiff
6409 Congress Ave., Suite 100
Boca Raton, FL 33487
Telephone: 561-241-6901
Facsimile: 561-997-6909
[ ] Wetidy Manswell, Esq., FL Bar No. 12027, Email Address: wmanswell@rasflaw.com
K Rosemarie Wildman, Esq., FL Bar No. 645869, Email Address: rwildman@rasflaw.com
] Gweneth Brimm, Esq., FL Bar No. 727601, Email Address: gbrimm@rasflaw.com
[ ] Alecia Daniel, Esq., FL Bar No. 36955, Email Address: adaniel@rasflaw.com
[ ] Abraham Vais, Esq., FL Bar No. 119809, Email Address: avais@rasflaw.com
HATA MIVA
19-354664CERTIFICATION OF POSSESSION PURSUANT TO FL. STAT. §702.015(4) _
The_undersigned hereby certifies:
1.
My name is Ornella Berard and I am employed as an Original Documents Assistant in the
Original Document Department of Robertson, Anschutz & Schneid, P.L., Plaintiffs
counsel.
As reflected on the original promissory note, the note at issue and upon which this action
is brought was executed by NYLA K FOX on November 2, 2010.
I personally verified possession and location of the original note on July 29, 2019 at 12:58
PM.
As of the date and time of verification, the original note was located at Robertson,
Anschutz & Schneid, P.L., 6409 Congress Ave., Suite 100, Boca Raton, FL 33487.
Correct copies of the original note (and, if applicable, all endorsements, transfers,
allonges, loan modifications or assignments of the note) are attached hereto. Some
original allonges and/or indorsements may be affixed by stamp.
1 give this statement based upon my own personal knowledge .
Under penalties of perjury, I declare that I have read the foregoing and that the facts stated
in it are true.
Executed on July 29, 2019
Ornella Berard
19-354664 - OrB
PAGE 2FIXED RATE NOTE - CLOSED END
(HOME EQUITY CONVERSION)
STATE OF FLORIDA.
November 02, 2010
PROPERTY ADDRESS FHA Case Numbi
Loan Number:
21 Lakeview Cir MIN Number:
PANAMA CITY BEACH, FL 32413
BAY COUNTY
1. DEFINITIONS
“Borrower” means each person signing at the end of this Note. "Lender" means MetLife Home Loans, a Division of MetLife
Bank, N.A. and its successors and assigns. "Secretary" means the Secretary of Housing and Urban Development or his oF her
authorized representatives,
2. BORROWER'S PROMISE TO PAY; INTEREST
Jn return for amounts 10 be advanced by Lender up to a maximum principal amount of Two Hundred Seventy-One Thousand
Five Hundred and 00/100 Dollars (U.S$271,500.00), to or for the benefit of Borrower under the terms of a Home Equity
Conversion Loan Agreement dated November 02, 2010 ("Loan Agrzement"), Borrower promises to pay to the order of Lender a
principal amount equal to the sum of all Loan Advances made under the Loan Agreement with interest. All amounts advances
by Lender, plus interes, if not paid earlier, are duc and payable on April 03, 2088. Interest will be charged on unpaid principal
at the rate of Five and $6/100 percent (5.560%) per year until the full amount of principal has been paid. Accrued interest shall
‘be added to the principal balance as a Loan Advance at the end of each month and shall likewise thereafter bear interest,
3, PROMISE TO PAY SECURED
Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this
Note and called the "Security Instrument”. That Security Instrument protects the Lender fom losses which might result if
Borrower defaults under this Note.
4, MANNER OF PAYMENT
Time
Borrower shall pay all outstanding principal and accrucd interest to Lender upon receipt ofa notice by Lender requiring immediate
payment in fll, as provided in Paragraph 6 oft
(B) Place
Payment shall be made at 501 US. Highway 22 (1-W COPS), Bridgewater, NJ 08807 or any such other place as Lender may
designate in writing by notice to Borrower.
(© Limitation of Liability .
Borrower shall have no personal lability for payment ofthis Note. Lender shall enforce the debt only through sale ofthe Property
‘covered by the Secarty Instrument ("Property"). Ifthe Note is assigned tothe Secretary. the Borrower shall not be liable for any
difference between the mortgage insurance benefits paid to Lender and the outstanding indebtedness, including accrued interes,
‘owed by Borrower at he time of the assignment
5, BORROWER'S RIGHT TO PREPAY :
‘A Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty. Any amount of
debt prepaid will first be applied to reduce the principal balance of the Second Note described in Paragraph 10 of this Note and
then to reduce the principal balance ofthis Note
All prepayments of te principal balance shall be applied by Lender as follows:
itt, to that portion ofthe principal balance representing aggregate payments for morgage insurance premiums;
Sccond, to that portion of the principal balance representing agaregate payments for servicing fees;
‘Thitd, to that portion of the principal balance representing accrued interest due under the Note: and
Fourth, tothe remaining portion ofthe principal balance
Prepayment amounts will not be made available to Borrower and prepayments will not inerease the amount available to Borrower
for Loan Advances
6. IMMEDIATE PAYMENT IN FULL,
(A) Death or Sate
edt ny eis inset payers inl ofall usanding principal and acre if
‘A Borrower dies and the Property isnot the principal residence oat least one surviving Borrower; or
(ii) Alt of « Rorrower’s title in the Property (or his or her beneficial interest in a trust owning all or part of the
Property) is sold or otherwise transfereed and no other Borrower retains (a) litle to the Property in fee simple (8)
a leasehold under a lease for not less than 99 years which is renewable or a lease having a remaining period of
siot less than 30 years beyond the date of the 100th birthday of the youngest Borrower, ot (c) life estate in the
Property (or retains a beneficial interest ina trust with such an interest inthe Property).
(B) Other Grounds
Lender may require immediate payment in full ofall outstanding principal and accrued interest, upcn approval by an authoriaed
representative of the Secretary, if
() The Property ceases tobe the principal residence of a Borrower for reasons other than death and the Property is
Bay Does Ine. Fixed Rat Fest Note~Clased End‘not the principal residence of at least one other Borrower;
(Fora period of longer than tweive (12) consecutive months, a Borrower fails to physically occupy the Property
because of physical or mental illness and the Property is not the principal residence of at least one other
Borrower: or
(Gil) An obligation of the Borrower under the Security instrument is not performed,
(© Payment of Costs and Expenses
If Lender has required immediate payment in ful, as described above, the debt enforced through sale ofthe Property may include
costs and expenses, including reasonable and customary attorney's fees associated with enforcement ofthis Note to the extent not
prohibited by applicable law. Suich fees and costs shall bear interest from the date of disbursement at the same rate as the principal
of this Note,
(D) Trusts
Conveyance of a Borrowers interest in the Property toa trust which mects the requirements of the Secretary, or conveyance of a
tmust’s interest in the Property toa Borrower, shall not be considered a conveyance for purposes of this Paragraph. A trust shall not
‘be considered an occupant or be considered as having a principal residence for purposes of this Paragraph
7. WAIVERS
Borrower waives the rights of presentment and notice of dishonor. “Presentment® means the right to require Lender to demand
payment of amounts due, "Notice of dishonor" means the right to require Lender to give notice to olher persons that amounts duc
hhave not been paid.
8 GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by
Aelivering it or by mailing it by first class mail to Borrower at the Property Address above or a a different address if Borrower has
sven Lender anatice of Borrower's different address
‘Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in
Paragraph 4(B) or ata different address if Borrower is given a notice ofthat differemt atess,
OBLIGATIONS OF PERSONS UNDER THIS NOTE
Ifmore than one person signs this Note, each person is fully obligated to keep all ofthe promises made inthis Note. Lender may
enforce its rights under this Note only through sale of the Property
10, RELATIONSHIP TO SECOND NOTE
(A) Second Note
Because Borrower will be required to repay amounts which the Secretary may make 10 or on behalf of Borrower pursuant 10
Section 255()X1(A) of the National Housing Act and the Loan Agreement, the Secretary has required Borrower to grant a Second.
Note to the Secretary.
(B) Relationship of Seeretary Payments to this Note
Payments made by the Secretary hall not be included in the debt due under this Note unless
i) This Note is assigned to the Sceretary: oF
ii) The Secretary accepts reimbursements by the Lender forall payments made by the Secretary,
If the circumstances described in () or (i) occur. then all payments made by the Secretary, inchuding interest on the payments,
shall be included in the deb.
(©) Effect on Borrower
Where there is no assigriment or reimbursement as described in (BY() or (i) and the Secretary makes payments to Borrower, then
Borrower shall na:
() Be required to pay amounts owed under this Note until the Secretary has required payment in full of all
‘outstanding principal and accrued interest under the Second Note held by the Secretary, notwithstanding
anything tothe conteary in Paragraph 6 ofthis Noss or
Gi) Be obligated to pay increst or shared appreciation under this Note at any time, whether accrued before or after
the payments by the Secretary, and whether or not accrued interest has been included in the principal balance of
this Note, nowithstanding anything to the canary in Paragraph 2 ofthis Note or any Allonge to this Note
11, DOCUMENTARY TAX
‘The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note.
Dated: November 02, 2010
Life rtef
Bay Does. In. Fixe
Firs Note— Closed BadALLONGE
‘Loan Number: YY
BORROWER(S): NylaK Fox
ADDRESS: 221 Lakeview Cir
Panama City Beach, FL 32413
AMOUNT: $271,500.00
Dated: 11/02/10
_ Paytothe omer of Champion Mortgage Company
MetLife Home Loans,
a Division-of MetLife Bank, NA.
wk Probes
Ed Fisher, Limited Vice PresidentAllonge To Note
Executed By:
Nyla Fox
Property Address: 221 Lakeview Cir
PANAMA CITY BEACH FL 32413
Pay To The Order Of:
Without Recourse
Champion Mortgage Company
Michael J Lima
Senior Vice President
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Filing # 94592310 E-Filed 08/22/2019 10:55:38 AM IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASENO. 19003196CA NATIONSTAR MORTGAGE LLC D/B/A CHAMPION MORTGAGE COMPANY, Plaintiff, VS. THE UNKNOWN HEIRS, BENEFICIARIES, DEVISEES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES AND ALL OTHERS WHO MAY CLAIM AN INTEREST IN THE ESTATE OF NYLA K. FOX A/K/A NILA FOX, DECEASED, et. al., Defendant(s). NOTICE OF SUBMITTING FLA.STAT.§ 702.015(4) CERTIFICATION Plaintiff, by and through its undersigned counsel, hereby submits contemporaneously with the Complaint in this case the attached Certification of Possession pursuant to Fla.Stat.§702.015(4). ROBERTSON, ANSCHUTZ & SCHNEID, P.L. Attorney for Plaintiff 6409 Congress Ave., Suite 100 Boca Raton, FL 33487 Telephone: 561-241-6901 Facsimile: 561-997-6909 [ ] Wetidy Manswell, Esq., FL Bar No. 12027, Email Address: wmanswell@rasflaw.com K Rosemarie Wildman, Esq., FL Bar No. 645869, Email Address: rwildman@rasflaw.com ] Gweneth Brimm, Esq., FL Bar No. 727601, Email Address: gbrimm@rasflaw.com [ ] Alecia Daniel, Esq., FL Bar No. 36955, Email Address: adaniel@rasflaw.com [ ] Abraham Vais, Esq., FL Bar No. 119809, Email Address: avais@rasflaw.com HATA MIVA 19-354664CERTIFICATION OF POSSESSION PURSUANT TO FL. STAT. §702.015(4) _ The_undersigned hereby certifies: 1. My name is Ornella Berard and I am employed as an Original Documents Assistant in the Original Document Department of Robertson, Anschutz & Schneid, P.L., Plaintiffs counsel. As reflected on the original promissory note, the note at issue and upon which this action is brought was executed by NYLA K FOX on November 2, 2010. I personally verified possession and location of the original note on July 29, 2019 at 12:58 PM. As of the date and time of verification, the original note was located at Robertson, Anschutz & Schneid, P.L., 6409 Congress Ave., Suite 100, Boca Raton, FL 33487. Correct copies of the original note (and, if applicable, all endorsements, transfers, allonges, loan modifications or assignments of the note) are attached hereto. Some original allonges and/or indorsements may be affixed by stamp. 1 give this statement based upon my own personal knowledge . Under penalties of perjury, I declare that I have read the foregoing and that the facts stated in it are true. Executed on July 29, 2019 Ornella Berard 19-354664 - OrB PAGE 2FIXED RATE NOTE - CLOSED END (HOME EQUITY CONVERSION) STATE OF FLORIDA. November 02, 2010 PROPERTY ADDRESS FHA Case Numbi Loan Number: 21 Lakeview Cir MIN Number: PANAMA CITY BEACH, FL 32413 BAY COUNTY 1. DEFINITIONS “Borrower” means each person signing at the end of this Note. "Lender" means MetLife Home Loans, a Division of MetLife Bank, N.A. and its successors and assigns. "Secretary" means the Secretary of Housing and Urban Development or his oF her authorized representatives, 2. BORROWER'S PROMISE TO PAY; INTEREST Jn return for amounts 10 be advanced by Lender up to a maximum principal amount of Two Hundred Seventy-One Thousand Five Hundred and 00/100 Dollars (U.S$271,500.00), to or for the benefit of Borrower under the terms of a Home Equity Conversion Loan Agreement dated November 02, 2010 ("Loan Agrzement"), Borrower promises to pay to the order of Lender a principal amount equal to the sum of all Loan Advances made under the Loan Agreement with interest. All amounts advances by Lender, plus interes, if not paid earlier, are duc and payable on April 03, 2088. Interest will be charged on unpaid principal at the rate of Five and $6/100 percent (5.560%) per year until the full amount of principal has been paid. Accrued interest shall ‘be added to the principal balance as a Loan Advance at the end of each month and shall likewise thereafter bear interest, 3, PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument”. That Security Instrument protects the Lender fom losses which might result if Borrower defaults under this Note. 4, MANNER OF PAYMENT Time Borrower shall pay all outstanding principal and accrucd interest to Lender upon receipt ofa notice by Lender requiring immediate payment in fll, as provided in Paragraph 6 oft (B) Place Payment shall be made at 501 US. Highway 22 (1-W COPS), Bridgewater, NJ 08807 or any such other place as Lender may designate in writing by notice to Borrower. (© Limitation of Liability . Borrower shall have no personal lability for payment ofthis Note. Lender shall enforce the debt only through sale ofthe Property ‘covered by the Secarty Instrument ("Property"). Ifthe Note is assigned tothe Secretary. the Borrower shall not be liable for any difference between the mortgage insurance benefits paid to Lender and the outstanding indebtedness, including accrued interes, ‘owed by Borrower at he time of the assignment 5, BORROWER'S RIGHT TO PREPAY : ‘A Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty. Any amount of debt prepaid will first be applied to reduce the principal balance of the Second Note described in Paragraph 10 of this Note and then to reduce the principal balance ofthis Note All prepayments of te principal balance shall be applied by Lender as follows: itt, to that portion ofthe principal balance representing aggregate payments for morgage insurance premiums; Sccond, to that portion of the principal balance representing agaregate payments for servicing fees; ‘Thitd, to that portion of the principal balance representing accrued interest due under the Note: and Fourth, tothe remaining portion ofthe principal balance Prepayment amounts will not be made available to Borrower and prepayments will not inerease the amount available to Borrower for Loan Advances 6. IMMEDIATE PAYMENT IN FULL, (A) Death or Sate edt ny eis inset payers inl ofall usanding principal and acre if ‘A Borrower dies and the Property isnot the principal residence oat least one surviving Borrower; or (ii) Alt of « Rorrower’s title in the Property (or his or her beneficial interest in a trust owning all or part of the Property) is sold or otherwise transfereed and no other Borrower retains (a) litle to the Property in fee simple (8) a leasehold under a lease for not less than 99 years which is renewable or a lease having a remaining period of siot less than 30 years beyond the date of the 100th birthday of the youngest Borrower, ot (c) life estate in the Property (or retains a beneficial interest ina trust with such an interest inthe Property). (B) Other Grounds Lender may require immediate payment in full ofall outstanding principal and accrued interest, upcn approval by an authoriaed representative of the Secretary, if () The Property ceases tobe the principal residence of a Borrower for reasons other than death and the Property is Bay Does Ine. Fixed Rat Fest Note~Clased End‘not the principal residence of at least one other Borrower; (Fora period of longer than tweive (12) consecutive months, a Borrower fails to physically occupy the Property because of physical or mental illness and the Property is not the principal residence of at least one other Borrower: or (Gil) An obligation of the Borrower under the Security instrument is not performed, (© Payment of Costs and Expenses If Lender has required immediate payment in ful, as described above, the debt enforced through sale ofthe Property may include costs and expenses, including reasonable and customary attorney's fees associated with enforcement ofthis Note to the extent not prohibited by applicable law. Suich fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note, (D) Trusts Conveyance of a Borrowers interest in the Property toa trust which mects the requirements of the Secretary, or conveyance of a tmust’s interest in the Property toa Borrower, shall not be considered a conveyance for purposes of this Paragraph. A trust shall not ‘be considered an occupant or be considered as having a principal residence for purposes of this Paragraph 7. WAIVERS Borrower waives the rights of presentment and notice of dishonor. “Presentment® means the right to require Lender to demand payment of amounts due, "Notice of dishonor" means the right to require Lender to give notice to olher persons that amounts duc hhave not been paid. 8 GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by Aelivering it or by mailing it by first class mail to Borrower at the Property Address above or a a different address if Borrower has sven Lender anatice of Borrower's different address ‘Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or ata different address if Borrower is given a notice ofthat differemt atess, OBLIGATIONS OF PERSONS UNDER THIS NOTE Ifmore than one person signs this Note, each person is fully obligated to keep all ofthe promises made inthis Note. Lender may enforce its rights under this Note only through sale of the Property 10, RELATIONSHIP TO SECOND NOTE (A) Second Note Because Borrower will be required to repay amounts which the Secretary may make 10 or on behalf of Borrower pursuant 10 Section 255()X1(A) of the National Housing Act and the Loan Agreement, the Secretary has required Borrower to grant a Second. Note to the Secretary. (B) Relationship of Seeretary Payments to this Note Payments made by the Secretary hall not be included in the debt due under this Note unless i) This Note is assigned to the Sceretary: oF ii) The Secretary accepts reimbursements by the Lender forall payments made by the Secretary, If the circumstances described in () or (i) occur. then all payments made by the Secretary, inchuding interest on the payments, shall be included in the deb. (©) Effect on Borrower Where there is no assigriment or reimbursement as described in (BY() or (i) and the Secretary makes payments to Borrower, then Borrower shall na: () Be required to pay amounts owed under this Note until the Secretary has required payment in full of all ‘outstanding principal and accrued interest under the Second Note held by the Secretary, notwithstanding anything tothe conteary in Paragraph 6 ofthis Noss or Gi) Be obligated to pay increst or shared appreciation under this Note at any time, whether accrued before or after the payments by the Secretary, and whether or not accrued interest has been included in the principal balance of this Note, nowithstanding anything to the canary in Paragraph 2 ofthis Note or any Allonge to this Note 11, DOCUMENTARY TAX ‘The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. Dated: November 02, 2010 Life rtef Bay Does. In. Fixe Firs Note— Closed BadALLONGE ‘Loan Number: YY BORROWER(S): NylaK Fox ADDRESS: 221 Lakeview Cir Panama City Beach, FL 32413 AMOUNT: $271,500.00 Dated: 11/02/10 _ Paytothe omer of Champion Mortgage Company MetLife Home Loans, a Division-of MetLife Bank, NA. wk Probes Ed Fisher, Limited Vice PresidentAllonge To Note Executed By: Nyla Fox Property Address: 221 Lakeview Cir PANAMA CITY BEACH FL 32413 Pay To The Order Of: Without Recourse Champion Mortgage Company Michael J Lima Senior Vice President