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Filing # 132191877 E-Filed 08/06/2021 01:17:40 PM
IN THE CIRCUIT COURT OF THE FOURTEENTH
JUDICIAL CIRCUIT IN AND FOR BAY
COUNTY, FLORIDA
CASE NO. 19004409CA
LAKEVIEW LOAN SERVICING, LLC
Plaintiff,
ve
THE UNKNOWN HEIRS, GRANTEES, DEVISEES. LIENORS, TRUSTEES, AND
CREDITORS OF JOSEPHINE BROWN, DECEASED; THE UNKNOWN HEIRS,
GRANTEES, DEVISEES, LIENORS, TRUSTEES, AND CREDITORS OF BETTY
BROWN MCCRAY A/K/A BETTY MCCRAY, DECEASED: THE UNKNOWN
HEIRS, GRANTEES, DEVISEES, LIENORS, TRUSTEES, AND CREDITORS OF
BEVERLY PATTON, DECEASED; ETHEL CARR; MELVIN FRANKLIN FOSTER
A/K/A MELVIN FOSTER; WANDA DARLENE ROGERS A/K/A WANDA
DARLENE MCCRAY A/K/A WANDA D. MCCRAY; MARILYN FRANCENE
MCCRAY LOTT; JEFFREY TYRONNE MCCRAY A/K/A JEFFREY TYRONE
MCCRAY A/K/A JEFFREY T. MCCRAY A/K/A JEFFREY MCCRAY A/K/A
JEFFERY TYRONNE MCCRAY A/K/A JEFFERY MCCRARY A/K/A TYRONE
MCCRAY; ASHLEY LATRESEE PATTON; UNKNOWN SPOUSE OF ETHEL
CARR: UNKNOWN SPOUSE OF JOSEPHINE BROWN: UNKNOWN TENANT 1;
UNKNOWN TENANT 2; BAY COUNTY, A POLITICAL SUBDIVISION OF THE
STATE OF FLORIDA; CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA;
STATE OF FLORIDA DEPARTMENT OF REVENUE
Defendants.
VERIFIED SECOND AMENDED COMPLAINT TO FORECLOSE MORTGAGE
Plaintiff. LAKEVIEW LOAN SERVICING, LLC. sues the Defendant(s), THE UNKNOWN HEIRS,
GRANTEES, DEVISEES, LIENORS, TRUSTEES, AND CREDITORS OF BETTY BROWN MCCRAY
A/K/A BETTY MCCRAY, DECEASED: THE UNKNOWN HEIRS, GRANTEES, DEVISEES. LIENORS,
TRUSTEES, AND CREDITORS OF JOSEPHINE BROWN, DECEASED; THE UNKNOWN HEIRS.
GRANTEES, DEVISEES, LIENORS. TRUSTEES. AND CREDITORS OF BEVERLY PATTON, DECEASED;
ETHEL CARR; MELVIN FRANKLIN FOSTER A/K/A MELVIN FOSTER; WANDA DARLENE ROGERS
A/K/A WANDA DARLENE MCCRAY A/K/A WANDA D. MCCRAY; MARILYN FRANCENE MCCRAY
LOTT: JEFFREY TYRONNE MCCRAY A/K/A JEFFREY TYRONE MCCRAY A/K/A JEFFREY T. MCCRAY
A/K/A SEPFREY MCCRAY A/K/A JEFFERY TYRONNE MCCRAY A/K/A JEFFERY MCCRARY A/K/A
TYRONE MCCRAY; ASHLEY LATRESEE PATTON; UNKNOWN SPOUSE OF ETHEL CARR:
1000005434UNKNOWN SPOUSE OF JOSEPHINE BROWN; UNKNOWN TENANT 1: UNKNOWN TENANT 2; BAY
COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA: CLERK OF CIRCUIT COURT
BAY COUNTY, FLORIDA; STATE OF FLORIDA DEPARTMENT OF REVENUE and states:
COUNT I MORTGAGE FORECLOSURE
1. This is an action to foreclose a mortgage on real property located in Bay County, Florida, and by
reason thereof the venue for this matter is in Bay County, Florida.
2. Borrower(s), ETHEL CARR and JOSEPHINE BROWN executed and delivered a Promissory Note
("Note") dated May 16, 2008 in the original principal amount of $71,773.00. Securing payment of the Note,
ETHEL CARR and JOSEPHINE BROWN executed and delivered a Mortgage ("Mortgage") dated May 16,
2008. The mortgage was recorded on June I, 2008, in the Official Records Book 3058, Page 232, of the Public
Records of Bay County, Florida, and mortgaged the property described in the Mortgage. Copies of the Note and
Mortgage are attached hereto.
3. Plaintiff, LAKEVIEW LOAN SERVICING. LLC, is the holder of the note and is entitled to enforce said
mortgage and mortgage note.
4 ETHEL CARR, MELVIN FRANKLIN FOSTER A/K/A MELVIN FOSTER, JEFFREY TYRONNE
MCCRAY A/K/A JEFFREY TYRONE MCCRAY A/K/A JEFFREY T. MCCRAY A/K/A JEFFREY MCCRAY
A/K/A JEFFERY TYRONNE MCCRAY A/K/A JEFFERY MCCRARY A/K/A TYRONE MCCRAY, MARILYN
FRANCENE MCCRAY LOTT, ASHLEY LATRESEE PATTON AND WANDA DARLENE ROGERS A/K/A
WANDA DARLENE MCCRAY A/K/A WANDA D. MCCRAY, THE UNKNOWN HEIRS, GRANTEES,
DEVISEES, LIENORS, TRUSTEES, AND CREDITORS OF BETTY BROWN MCCRAY A/K/A BETTY
MCCRAY, DECEASED, THE UNKNOWN HEIRS, GRANTEES, DEVISEES. LIENORS, TRUSTEES, AND
CREDITORS OF JOSEPHINE BROWN, DECEASED AND THE UNKNOWN HEIRS, GRANTEES,
DEVISEES, LIENORS, TRUSTEES, AND CREDITORS OF BEVERLY PATTON is/are the current owner(s)
of the real property which is the subject of the Mortgage.
5. The Mortgage is a lien superior in dignity to any prior or subsequent right, title, claim, lien or interest
arising out of mortgagor or the mortgagor's predecessors in interest.
6. A default exists under the Note and Mortgage as a result of the amounts due under the Note and
Mortgage in that the payment due for June |, 2019, and all subsequent payments have not been made.
7. Plaintiff has demanded payment of the obligation reflected by the aforesaid Note and Mortgage, but
despite such demand, said default has not been cured.
8. All conditions precedent to the acceleration of the Note and Mortgage and the filing of the instant
foreclosure complaint have been performed, have occurred, or have been waived.
9. Plaintiff declares the full amount payable under the Note and Mortgage to be due.
100000543410. Plaintiff is due the sum of $59,263.
in principal under the Note and Mortgage, plus interest from
May 1, 2019, together with all sums that may be due for taxes, insurance, escrow advances, and expenses and
costs of suit including but not limited to filing fees, recording fees, title search and examination fees, fees due for
service of process and such other costs authorized by the loan documents, by law, and as may be allowed by the
Court.
(1. Plaintiff is obligated to pay plaintiff's attorneys a reasonable fee for their services. Plaintiff is entitled
to recover its attorneys’ fees under the Note and Mortgage.
12. UNKNOWN SPOUSE OF ETHEL CARR, UNKNOWN SPOUSE OF JOSEPHINE BROWN,
UNKNOWN TENANT | AND UNKNOWN TENANT 2 may have or claim an interest in the Property herein
sought to be foreclosed by virtue of the Property being homestead property and/or defendant(s) occupancy thereof,
Said interest, however, is either invalid or is subordinate and inferior to the lien of PlaintifPs Mortgage.
13. WANDA DARLENE ROGERS A/K/A WANDA DARLENE MCCRAY A/K/A WANDA D.
MCCRAY, MARILYN FRANCENE MCCRAY LOTT, JEFFREY TYRONNE MCCRAY A/K/A JEFFREY
TYRONE MCCRAY A/K/A JEFFREY T. MCCRAY A/K/A JEFFREY MCCRAY A/K/A JEFFERY TYRONNE
MCCRAY A/K/A JEFFERY MCCRARY A/K/A TYRONE MCCRAY AND ASHLEY LATRESEE PATTON
may have or claim an interest in the real property herein sought to be foreclosed by virtue of being an heir of
BETTY BROWN MCCRAY A/K/A BETTY MCCRAY, DECEASED, Said interest, however, is either invalid
or is subordinate and inferior to the lien of Plaintiff's Mortgage.
14. MELVIN FRANKLIN FOSTER A/K/A MELVIN FOSTER, may have or claim an interest in the real
property herein sought to be foreclosed by virtue of being an heir of JOSEPHINE BROWN, DECEASED. Said
interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage.
[5. THE UNKNOWN HEIRS, GRANTEES, DEVISEES. LIENORS, TRUSTEES, AND CREDITORS
OF BETTY BROWN MCCRAY A/K/A BETTY MCCRAY, DECEASED, and all Claimants, Person or Parties,
natural or corporate, and whose exact legal status is unknown, claiming by, through, under or against BETTY
BROWN MCCRAY A/K/A BETTY MCCRAY, DECEASED, or any of the herein named or described
Defendants or Parties claiming to have any right, title or interest in and to the property herein described, may
seek to claim an interest in the real property herein sought to be foreclosed by virtue of being an heir of the
deceased. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's
Mortgage.
16. THE UNKNOWN HEIRS, GRANTEES, DEVISEES, LIENORS, TRUSTEES, AND CREDITORS,
OF JOSEPHINE BROWN, DECEASED, and all Claimants, Person or Parties, natural or corporate. and whose
exact legal status is unknown, claiming by, through, under or against JOSEPHINE BROWN, DECEASED, or
any of the herein named or described Defendants or Parties claiming to have any right, title or interest in and to
the property herein described, may seek to claim an interest in the real property herein sought to be foreclosed by
1000005434virtue of being an heir of the deceased. Said interest. however, is either invalid or is subordinate and inferior to
the lien of Plaintiff's Mortgage.
17. THE UNKNOWN HEIRS, GRANTEES, DEVISEES, LIENORS, TRUSTEES, AND CREDITORS
OF BEVERLY PATTON, DECEASED, and all Claimants, Person or Parties, natural or corporate, and whose
exact legal status is unknown, claiming by, through, under or against BEVERLY PATTON, DECEASED, or any
of the herein named or described Defendants or Parties claiming to have any right, title or interest in and to the
property herein described, may seek to claim an interest in the real property herein sought to be foreclosed by
virtue of being an heir of the deceased. Said interest, however, is either invalid or is subordinate and inferior to
the lien of Plaintiff's Mortgage.
18. BAY COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, may have or claim
an interest in the Property that is subject to this foreclosure action by virtue of Second Order to Impose Lien
recorded Official Record Books November 9, 2020, Book 4321, Page 2350, of the Public Records of Bay
County, Florida or may otherwise claim an interest in the Property. Said interest, however. is either invalid or is
subordinate and inferior to the lien of Plaintiff's Mortgage.
19. STATE OF FLORIDA DEPARTMENT OF REVENUE, may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Plea, Waiver, Consent Offered in Absentia recorded
Official Record Books October 3, 2005, Book 2682, Page 1157, of the Public Records of Bay County, Florida or
may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and
inferior to the lien of Plaintiffs Mortgage.
20. STATE OF FLORIDA DEPARTMENT OF REVENUE, may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Final Judgment recorded Official Record Books
December 6, 2006, Book 2861, Page 1515. of the Public Records of Bay County, Florida or may otherwise claim
an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of
Plaintiff's Mortgage,
21. STATE OF FLORIDA DEPARTMENT OF REVENUE, may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record
Books March 9, 2007, Book 2897, Page 139, of the Public Records of Bay County, Florida or may otherwise
claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien
of Plaintiff's Mortgage
22, STATE OF FLORIDA DEPARTMENT OF REVENUE , may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Civil Judgment recorded Official Record Books
February 19, 2008, Book 3023, Page 123. of the Public Records of Bay County, Florida or may otherwise claim
an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of
Plaintiff's Mortgage.
100000543423. STATE OF FLORIDA DEPARTMENT OF REVENUE , may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Civil Judgment recorded Official Record Books
February 19, 2008, Book 3023, Page 127, of the Public Records of Bay County, Florida or may otherwise claim
an interest in the Property. Said interest, however. is either invalid or is subordinate and inferior to the lien of
Plaintiff's Mortgage.
24. STATE OF FLORIDA DEPARTMENT OF REVENUE, may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Civil Judgment recorded Official Record Books
April 13, 2009, Book 3144, Page 812. of the Public Records of Bay County, Florida or may otherwise claim an
interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of
Plaintiff's Mortgage.
25. STATE OF FLORIDA DEPARTMENT OF REVENUE , may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Final Judgment recorded Official Record Books
April 13, 2009, Book 3144, Page 929, of the Public Records of Bay County, Florida or may otherwise claim an
interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of
Plaintiff's Mortgage.
26, STATE OF FLORIDA DEPARTMENT OF REVENUE , may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record
Books September 30, 2011, Book 3354, Page 1383, of the Public Records of Bay County, Florida or may
otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior
to the lien of Plaintiff's Mortgage.
27. STATE OF FLORIDA DEPARTMENT OF REVENUE , may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record
Books August 28, 2012, Book 3436, Page 1940, of the Public Records of Bay County, Florida or may otherwise
claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien
of Plaintiff's Mortgage.
28. STATE OF FLORIDA DEPARTMENT OF REVENUE , may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record
Books August 2. 2016, Book 3818, Page 1849, of the Public Records of Bay County, Florida or may otherwise
claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien
of Plaintiff's Mortgage.
29. STATE OF FLORIDA DEPARTMENT OF REVENUE , may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record
Books January 31, 2019, Book 4085, Page 110, of the Public Records of Bay County, Florida or may otherwise
1000005434claim an interest in the Property. Said interest, however. is either invalid or is subordinate and inferior to the lien
of Plaintiffs Mortgage.
30. STATE OF FLORIDA DEPARTMENT OF REVENUE , may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record
Books December 11, 2019, Book 4200, Page 1129, of the Public Records of Bay County, Florida or may
otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior
to the lien of Plaintiff's Mortgage.
31. STATE OF FLORIDA DEPARTMENT OF REVENUE , may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record
Books March 26, 2
claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien
0, Book 4236, Page 1496, of the Public Records of Bay County, Florida or may otherwise
of Plaintiff's Mortgage.
32. STATE OF FLORIDA DEPARTMENT OF REVENUE , may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record
Books June 16, 2020, Book 4263, Page 400, of the Public Records of Bay County, Florida or may otherwise
claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien
ot Plaintiff's Mortgage.
33. STATE OF FLORIDA DEPARTMENT OF REVENUE , may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record
Books June 16, 2020, Book 4263, Page 402, of the Public Records of Bay County, Florida or may otherwise
claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien
of Plaintiff's Mortgage.
34. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Plea, Waiver and Consent Offered in Absentia
recorded Official Record Books October 3, 2005, Book 2682, Page 1157, of the Public Records of Bay County,
Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is
subordinate and inferior to the lien of Plaintiff's Mortgage.
35. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Final Judgment recorded Official Record Books
December 6, 2006, Book 2861, Page 1515, of the Public Records of Bay County, Florida or may otherwise claim
an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of
Plaintiff's Mortgage.
36. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record
1000005434Books March 9, 2007, Book 2897, Page 139, of the Public Records of Bay County, Florida or may otherwise
claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien
of Plaintiff's Mortgage.
37. CLERK OF CIRCUIT COURT BAY COUNTY. FLORIDA, may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Civil Judgment recorded Official Record Books
February 19, 2008, Book 3023, Page 123, of the Public Records of Bay County, Florida or may otherwise claim
an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of
Plaintiff's Mortgage.
38. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Civil Judgment recorded Official Record Books
February 19, 2008, Book 3023, Page 127, of the Public Records of Bay County, Florida or may otherwise claim
an interest in the Property. Said interest, however. is either invalid or is subordinate and interior to the lien of
Plaintiff's Mortgage.
39. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Civil Judgment recorded Official Record Books
April 13, 2009, Book 3144, Page 812, of the Public Records of Bay County, Florida or may otherwise claim an
interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of
Plaintiff's Mortgage.
40. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Final Judgment recorded Official Record Books
April 13, 2009, Book 3144, Page 929, of the Public Records of Bay County, Florida or may otherwise claim an
interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of
Plaintiff's Mortgage.
Al. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record
Books September 30, 2011, Book 3354, Page 1383, of the Public Records of Bay County, Florida or may
otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior
to the lien of Plaintiff's Mortgage.
42. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record
Books August 28, 2012, Book 3436, Page 1940, of the Public Records of Bay County, Florida or may otherwise
claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien
of Plaintiff's Mortgage.
100000543443. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record
Books August 2. 2016, Book 3818, Page 1849, of the Public Records of Bay County, Florida or may otherwise
claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien
of Plaintiff's Mortgage.
44. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record
Books January 31, 2019, Book 4085, Page 110. of the Public Records of Bay County, Florida or may otherwise
claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien
of Plaintiff's Mortgage.
45. CLERK OF CIRCUIT COURT BAY COUNTY. FLORIDA, may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record
Books December 11, 2019, Book 4200, Page 1129, of the Public Records of Bay County, Florida or may
otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior
to the lien of Plaintiff's Mortgage.
46. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record
Books March 26, 2020. Book 4236, Page 1496, of the Public Records of Bay County, Florida or may otherwise
claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien
of Plaintiff's Mortgage,
47. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record
Books June 16, 2020, Book 4263, Page 400, of the Public Records of Bay County, Florida er may otherwise
claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien
of Plaintiff's Mortgage.
48. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record
Books June 16, 2020, Book 4263, Page 402, of the Public Records of Bay County, Florida or may otherwise
claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien
of Plaintiff's Mortgage.
WHEREFORE, Plaintiff respectfully requests that this Court enter judgment:
(a) foreclosing the Mortgage:
1000005434(b) enumerating all amounts this Court determines due to Plaintiff pursuant to said Note and
Mortgage:
(c) ordering the Clerk of the Court to sell the subject property to satisfy the amount due Plaintiff, in
whole or part;
(da) adjudging that the right, title, and interest of any party claiming by, through, under or against any
Defendant named herein be deemed inferior and subordinate to the Plaintiff s Mortgage lien and forever
be barred and foreclosed;
(e) retaining jurisdiction of this Court in this action to make any and all further orders and
judgments as necessary and proper, including but not limited to re-foreclosure against any subordinate
interest omitted from these proceedings. determining the amounts owed to any condominium or
homeowners association, issuance of writ of possession and the entry of a deficiency, when and if such
deficiency is sought, and only if the parties liable under the Note have not been discharged in bankruptcy
(however no deficiency will be sought if the parties liable under the Note were subject to an order
allowing Plaintiff or its predecessors-in-interest only in rem relief from the bankruptcy automatic stay);
(fy awarding Plaintiff its attorney fees, costs, interest, advances; and
(g) for such other and further relief as this Court deems just and proper.
AMENDED VERIFICATION
Under penalty of perjury, { declare that | have read the foregoing, and the facts alleged therein are true
and correct to the best of my knowledge and belief.
M&T BANK AS ATTORNEY IN FACT FOR
KEVIEW LOAN SERVICING, LLC
£ A
Signature
Rachel M. Nowicki
Printed Name
Banking Officer
Title
eXL Legal, PLLC
Designated Email Address: efiling@exllegal.com
12425 28th Street North, Suite 200
St. Petersburg. FL 33716
Telephone No. (727) 536-4911
Anna Judd Rosenberg
Florida Bar #1015514
NOTE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED
THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A
DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
1000005434IN THE CIRCUIT COURT OF THE FOURTEENTH
JUDICIAL CIRCUIT IN AND FOR BAY
COUNTY, FLORIDA
CASE NO
SELENE FINANCE LP
Plaintiff,
v.
ETHEL CARR; JOSEPHINE BROWN;
AND ALL UNKNOWN PARTIES
CLAIMING BY, THROUGH, UNDER OR
AGAINST THE ABOVE NAMED
DEFENDANT(S), WHO (IS/ARE) NOT
KNOWN TO BE DEAD OR ALIVE,
WHETHER SAID UNKNOWN PARTIES
CLAIM AS HEIRS, DEVISEES,
GRANTEES, ASSIGNEES, LIENORS,
CREDITORS, TRUSTEES, SPOUSES, OR
OTHER CLAIMANTS,
Defendants.
}
/
CERTIFICATION OF ORIGINAL NOTE
The undersigned hereby certifies:
{. That Plaintiff is in possession of the original promissory note upon which this action is
brought.
2. The location of the original promissory note is 12425 23TH STREET NORTH, SUITE
200, ST. PETERSBURG, FL 33716.
3. The name and title of the person giving the certification is: Gaylyn Leach, Original
Document Processor for Plaintiff's attorneys, eXL Legal, PLLC.
10000054344. The name of the person who personally verified such possession is: Gaylyn Leach,
Original Document Processor for Plaintiff's attorneys, eXL Legal, PLLC,
5. The time and date on which possession was verified were: at. 11:00 am.
6. Correct copies of the note (and, if applicable, all endorsements, transfers, allonges, or
assignments of the note) are attached to this certification.
7. I give this statement based on my personal knowledge.
Under penalties of perjury, I declare that I have read the foregoing Certification of
Possession of Original Note and that the facts stated in it are true.
Title: Original Document Processor
Date: November 14, 2019
1000005434Composite Exhibit A
NOTE
May 16, 2008
Watch
2724 E. 11th Court
PANAMA CITY, FL 32404
PPeopes
PARTIES.
“Bartewer” meaty cach person signing at the end of this Note. and the person’s snccesors and assigns, “Leader
sseany Taylor, Bean & Whitaker Mortgage Corp.
and its sucescary and assinty
2, GORROWER'S PROMISE TO PAYS INTEREST
{a return for a loan coveted teow Lender, Borrower promises tay the principal sun of Seventy One Thousand
Seven Hundred Seventy Three and no/100 Dotlaes
1 S.N74,773.00 J.ophas interest. wo the order of Lender. tntgrest will be charged om unpatd
principal, teom the date ot disbursement of the foan prwveeds hy Lender, at the rate of Six and One Half
petwent 6.5000") por yur until the full amount of principal has beet pai
3. PROMISE-TO PAY SECLRED
Borrower's promise w pay fs secured by a mongage. deed of trust or simifar security instrument that by dates the sane
daicas this Nate id called the "Security fastramemt” The Securits Instrument protects dhe Lender fiom lesses which aright
result if Murray or defaults under this Note,
4.0 MANNER OF PAYMENT
‘Tine
Howower stall make a payment of principal and interest ty Lender on the first dus of each month beginniny on
July 04, 2008 _ Ang principal and ioteest reniaining umthe first day of June 2038
weil be div ow that date, which is called the “Maturity Date”
«By Place
Paysneat shall be nade at Taylor, Bean & Whitaker Mortgage Corp., 1417 North Magnolia Ave, Ocala, FL.
34478
‘of at suef other place as Lender may designate in writing by notice to Borrower,
(Cr Neonat
Lach mnoaihily payment of principal and interest will be in the amount of U.S. $453.65 :
Tis aritount sill be part of s karger monthly payment coquired by the Security Instrument, that shail be applied 6 principal,
futorsst and other items ia the onder described in the Security Lysirinent,
FLORIDA PLC HEVED ATE NOTE
18271 2007112 190K(A Allonge fo this Note for Payment Adjustarents
Man ullenge prosiding for pay ment adjustnents is execuied by Bomuser togethor with this Note. the covenatts of the
allonge stall be icognonated into and shalt amend aid supplement the covenants of this Nate as if the allenge were 4 purt af
this Note (4 fice applicable box.d
aosing Fgquity Atloage (7 Geatuicd Payment Mlonge
OF Other fspecity |
5 BORROWER'S RIGHT TO PREPAY
Bowrosver tas the right ts pay the debr evidenced by this Note, in wholeor in part, wideout change or penalty on the fest
iy ot iy Unoath. Lender shatl accept prepay ment on other days provided hat Hloraiwer pay» interest an thie amount prepad
for the remainder of the month to the extent reguived by Leader and permitted by regulations of the Seeretury. If Borrower
Bigkes 3 partial prepay aient. (here will be ao od in the due date or in the amount wf the monthly paxaieat unless Lender
agrees fit citing to thse ctianges,
& BORROWERS FAILERE TO PAY
(A) Latte Change for Overdue Payments
If Lender has nor received the tall monthly Payment roquited by the Security Instrument, as deseribed in Paragraph 4(C +
wl this Site, by the end of fificeu calendar days after the payment is due. Lender may: calfect «fate charge fi the amount of
Four percent ¢ 4 “ah of the overdue amount af each payment
(By Default
I Docewer defanit by failing 1 pay in full any monthly payment. then Lender may. except as limited by regulations of
the Secretary in the cine af payment dethults, require immediate payment in Tl oF the prineipal balance ceitsaining due and
all sevens interest Lender may choose nor @ exercise this option without waiving its rights in the event of any subsequent
default. In oxany ciecumistances regulations issued hy the Secretary will limit Lender's rights te require immediate payment in
fall fa the vase at paymrent defaults, This Nore does: not authorize acceleration when not perutivied by HUD regulations. Ay
used inthis Note, “Seveetity” means the Sectetuey of Housing and Ushan Development or his or her de
(C) Payntent of Costs and Expenses
H1 Lander furs required immesiate payment in full, 4 described above, Lender may require Bomumer 10 pay costs and
sapeunes lachiding reasonable and castomary attomeys’ Kees for enforcing this Nee w the extent wot prohibited by applicable
fis, Such Rees amd costs shall bear interest from the date of dishuesement at the sante tate as the prineipal of this Note.
Ve.
2 WMVERS
Bonwser and any other person who has obligations under this Note waive the rights of prescaunent and gutive of
distenor, “Presentmnat” means the Fight to require Lender ter demand payment of amounts due. “Note ot dishonor” means
the right tu require F coder to give notice to other persons that amounts dus have not been pisid,
3 GIVING OF NOTICES
Unies upplicable bea requires w diflenent method, any votive thar must be given tu Borrower under this Note will by
‘von by defiveriing it ve fy mul Leo Boron er at the pooperty address above or at a different address if
Bornower huss given Lender a notice of Borrower's different addtess.
Any notice chat must be given to Lender ander this Note il be given by first class snail wy Lender at the
i Paragraph e081 at a diferent addres if Borrower ts given notice af thar different address
9. OBLIGATIONS OF PERSONS UNDER THES NOTE
1 awe than «ine person sigais this Note. each person is tully-and personally obligated to keep all of the promises niude
im this Note, including the promise «© pay the Gilt aamiuet owed, Any person wha iss guarantor. surety or endorser of this
Note is alse obfigated to do ttese things. Any person who takes over these obligations. including the obligations af a
guarantor, stirety of endorser of this Note, is also obligated to keep all of the promises made in this Note, Lender may enforce
Tn under this Note against cact person individually ar aggins¢ all signatories together. Any ane person signing this
oho requingd to pay all of the smoutnts owed under this Note,
a
Nae
FLORIDA CIS NED RTE NOT1. DOCUMENTARY TAN
‘The state documentary Gos dite ott this Nets hay been paid on the mortwage securing this indebtedness
BY SIGNING BELAY, Rarroxce accepts aid agrews 1 the terns and covenants contained in pages t thtsugh 3 of this
Ns
Les) fh,
hel Carr Bearcecer Brenan
}
a Meni Atk oi Sealy
Sosephine Brown Tiers
~ (Sealy
“Rowtnee
[Sige Orisginat Only
‘Without recourse, pay t0 the order of
By: Taylor, Bean & ‘Whitaker
Mortgage Corp.
FLOR. FES PADD RATE NOTEPREP SED ny
Composite Exhibit A
Sone Jessica Cunningham |
son. Taylor, Bean & Whitaker Mortgage Corp.
1417 North Magnolia Ave ezvosonsaen
Fite # 20080:
Ocala, FL 34475 Oe et get
RECORDED 96/1 08 14:47:0°
Komen co CARL ML SUGARMAN Harold Bazzel, Clerk
Bay County, Florida
17345 S. DIXIE HWY 0G STMP-M. $264.30
WNT TAX: $143.58
| DEPUTY CLERK GB
we
‘Trans ¥ 879822,
:
ae —h. Dsirace Abuve 1bis Cie Por Recon Dat
MORTGAGE face >
as
THIN MORTGAGE eSecurity tostrument”| is given oa May 16, 2008
the airtgayeris Ethel Carr and and Josephine Brown , ban Single “pecscns
tBoerawerh, This Security Insteument is given te
Mongitze Electronic Regisnationt $3 stots, nc, MES") MERS ix a separate corporation that is ating solely ss nominee
for Lender aunt Lenders sucvessns and asigns, MERS is the martgagee qmder this Socurily Instrument, MERS is
crgentized and existing ander the Livy of Dekavare, and has an addicys and telephante number of P.O, Box 20%. Flint. ML
{8501-2020 sof, (RAS) 677-MERS, Taylor, Bean & Whitaker Mortgage Corp.
(Lende"s is organized and existing
swndse the Fas 08 FL and
hase akklress of 1417 North Magnolia Ave, Ocala, FL 34475
Hoavsverouys Lender thy principal sum of Seventy One Thousand Seven Hundred Seventy Three and nol100
Dallacs (CS. 874,773.00 4
This debe is evidenced by Borrower's note dated the same date as, this Security fastrament Note"). which provides for
neondhly payments, siti the fall debt Hot paid earlier. due and payable on June 01, 2038 5
This Security tnstrument secures. to Lender: (aj the repayment of the debt evidenced by the Note. will interest, and all
» eNtertshons and mealifications of the Note: iN) the paymeet of all other sunts sith interest, advanced ander
reply > te pratect the security wf thés Scowrity famtruntent: and to} the performance of Borwaver’y covenants and
sercements wider this Security Instrvment dail the Neve, For this purpose, Borrower des hereby metgage. grant aid ounvey
by MERS Gokely ar nowtinee tor Lender inte Lender's stevessors and assigns} and te the suvcessers and assigns of MERS the
following described property fowsied it BAY County, Florida:
TLOREYS FIC Mont cesta om
ners oer
Tst02_20071119. 160002‘See Attached Exhibit A.
which fas the adress ot 2721 E, ttn Court
[ved
PANAMA CITY Florida 32401 (Property Asideesss
isd Wp ontel
VOR TEIER WiTH all the improvements tow of hereafter erected on the property, and all casements. appurtenances,
aad Favre. now or heteufter 4 part at the property. Alt reptacoments and additions shall also he covered by this Security
Insteumient. All of the Toregcing is refered to in this Security Instrument as the “Property.” Borrower understands and agrees
that MERS holds oaly legal Gite (0 the interests seamed by Boernsver in this Secunity, Instrument:
With haw or custoin, MERS (ay nominee fur Lender and Lender's successors and assigas) has the tight: to
ut diese fnterests, including. bt mot lintited ta, the vipit ro forcelose and sell the Property: and to take any dution required of
Conder inctading, bur not limited te. neleasing or canceling this Security Tasteument
BORROWER COVENANTS dhat Boraser is tinsfully seised of the estate hereby conveyed and has the right (0
mortgage, grant aad comeey the Property and that the Property: is «nencumbered, except for encumbrances of record,
Rotrower warrants and will defend generally the sitle 1 the Propeny against alf claims and demands, subject 10 ay
coeumibrances of record.
TUIS SECURITY INSTREMENT combines. snifooin covensnts for national use and avn-unitim covenants with
Hiniced variations by jurisdiction to vonstitide a anitonn security jasttument covering reat property
it iF necessary to comply
cercise any or all
PNEFORM COVENANTS. Bortower anal | enter covedant and agree as Follows
1. Payment of Principal, Iuterest and Late Charge. Gotewer shail pay when due the principal of, and interest on,
idenced hy the Note autd late charges due under te Note
2, Monit, Pavment af Taxes, tasurance, snd Other Charges. Borrower shall include in each monthly payment,
tegsthoe ith the principal and interest ss set forth i she Note and any late charges, a sunt for (as tayes anf special
assessaivuts levied ot 18 be levied against the Property, (6) leasehold payments or around rents on the Property, and (cd
necmnfuins for insarasee required dade paragraph. 4. to any year dn Which the Leader must pay” a mortgage insurauce
premium to the Sectetary of Housing and ( rhan Development (Seeretagy”), or in any yea it whict such promium would
have heen quired Lender still held the Security tstaurtent, cach monthly payment shall alse include either: (i) a sum for
the anmeal arortuage insurance pretium tw be puld by Lender to the Seceetary. of (iid a monthly: charge instead ofa mortgase
iisarates premium if this Security Instrument is held by the Secretary. in 3 reasonable amouitt wo be determined by the
Sestetary. Excupt for the monthly charge by the Secretary, these itenis are called “Escnow Hterms” and the sums paid wo
Lenser are called “Eseren Funds.”
Londer nuty. at any’ time, collect and fold amounts for Escrow Items in an aggregate amount not to eveced the
fashinum oinoont that way be required tor Bornawer's escrat account under the Read Estate Settfement Procedures Act af
FOE TD USC 9 201 et seg. and iunptemenging regulations, 24 CFR Pari 3808, ay they may be amended from time to time
CRE SON"L except that the cushion or reserve pomititied by RESP. for unanticipated disbursements or disbursements before:
the Borrowers payttients are ay ailable in the account may tot be based «tt anuunts due for the mortgage insurance premium,
Wt the amounts held by Lender for Escrow trems esveed the amounts permided to be held by RESPA, Lender shall
ut & Horroner fr the excess linds as required by RESP. IY the amouats of thd held by Louder a any time are mot
tent © pax the Pons Troms whea due, Londer may notil) the Borrower ane equity Borrower to make op the shorage
ass pecnticted by RESP A,
Broan Fit) aH set
ERS GeantThe bscrows Funds ore pleaded as additional security for alt sums secured by this Security fasteument. [Ff Borrower
tenders fo Lenwler die tall payment of alt such sums, Rorninver's «ceaunt shall be credited with thy balance remaining for all
installaicnt items Gaiety and (<9 and amy momtyage insurtiey pronsiuey installment that Lender has rat become abligated 10
as to dhe Secretary. ate Lonider shall promptly refund any excess finds to Borrower, linniediately prior to a foreclosure site
wf the Property oF its acquisition by Lender, Borsiwer's account shall be eredited with any balance remaining for all
installapeits for fheens ak (hy. and (6h
3. Apptication of Payments. Alf payments under parauraphs. | and 2 shall be applied by Lender as follows:
FIRST, to the mortgage insurance premium to be paid fry Lender 16 the Secretary or to the monthly charze by
five Sceretary instead of the mbanthly morigage insurance premiuny;
SECOND. to ay taxes, speeial assessnents, eascholt pagments er gruel eens, and fire.
asus insurance pects. as required:
THIRD. te interest due unser the SOK
FOURTH, to amortization of the principal ofthe Nore: and
PHETH to late charges due under the Note
4. Five, Flood and Other Hazard Insurance. Bornaiee-shall insuce all inspeovensents on the Property. whether now
fn eaisteuce or subsequently erected, against any hazards, casualties, and oontingencies, including fire, for which Lender
sequites dnranee, This insurance shall he maintained in the amounts and for the periods that Lender requires, Borrower shall
also insure all iinprovemteits ut the Property. whether nuns in exisienice or subsequently erected. against loss hy foods to the
exten required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies
aval any renewals shill be held fy Lender and shail inichude loss payable clases iw favor of and in a Tor acceptable to,
Lender
In the cent ot ony. Bocrmver shall give Leader jmunediate notice by mail. Lender may make proot of toss if wot made
promptly hy Borcver, Fach insurance company concemed is hereby autivurized and directed to take payment for seh hos
ditectly tw Lender, instead ut Bomower and to Lender jointly, MIbor any part of the insurance proceeds may be apptiod hy
Lender at its optiinn, vither tay to the reduction of the indebiedness under the Note.and this Security Instrament. fest (6 4
elioquettt aniotmts applied is the order in paragraph 3, and then to prepayment of principal, ur (6) (a the restoration a repair
of the dunaged Property, Amy application of the proceeds to she principal shall aot extend oF postpone the due date of the
thonthhy pagments sehich are referred 63 iW paragraph 2 oF change dhe amount of stich payments. Any excess insurance
Proceéds wee an amientt reqtined to pay afl outstanding indebtedness under the Note and dhis Security Instrument shafl be
paid te thie cuits kegatly emitted therete,
a the exeat of foreclosure of this Security histroment or other teansier of tile 10 the Property that evtinguishes the
findebcedincoss aff right, vide and interest of Bornaeer ia asl w insurance potigies in Five shall pass to the purchaser.
5. Occupancy, Preservation, Maintenance aud Protection af the Property: Borrower's Loan Application;
Leaschulds. Bonawer shall occupy. establish, aud use the Property as Borrower's principal residence within sixty days afier
the executive of this Seowrity tasirament (or within sixty days of 3 later sale of transfer of the Property and shall continue
pects the Property as Hsrrower’s principal residence for at least one year after the date of accupancy. unless Lender
devermines that requirement will cause undue hardship for Bornnwer, or wiless extenualing circumstances exist which are
hgund Borower'y control, Bormaver shall notify: Lender of any extenuating circumstances. Borrower shall not commit
Sots or destiny dhumige at substantially change the Property ac allow the Property t deteriorate, reasanale weur and tear
sseepted. Hemder iy inspect the Propesty i the Property is teant of abandoned ar the hea is in deta. Lender may take
fetsonable action t protect and prenerve such vacant or abandoned Property. Borrower shall also be iu default if Bomower
= the Ioan ypplication process. gave maierially: false or inaccurate informacion of statements 6 Lender (oe failed to
provide Lender with any material information) in connection with the loan evidenced by the Note. including, but not limited
(6. representatiiay outcering Bormonver’s orcapancy of the Pripedy as a principal residence. If this Security {nsteontem is
ona teavehold. Harrower shall comply with the provisions of the lease. Hf Borrasver acquires fee tite 10 thee Property. he
fessehodd and fee title shall norbe merged unless Lender agrees to the meeger in writing
& Condemnation, The proceeds fang award sr claim for damages, direct or consequential. in eonneetion with any
femaution or other tiking al any part of the Properte, of for couvexanee in place af vonderinaion. are hereby assigned
WS strat be paid (o Lender to the extent of the tilt atnount of the indebtedness that remains unpaid under the Note and this
Security fnsieainont, Lender shall aint such praveeds to the reduction of the indebtedness wader the Note and shis Seeurity
{astromten Gest any’ delinquent amounts applied ie the ordee provided in paragraph 3. and then te prepayment af principal
nr ainptication of the proceeds to the principal shall nor extend or postpone the due date of the moathly.payients, shi
Rood and ather
are
HEORIDA any MORTE ACL
ersthe amount of such payments. Vay excess proceeds over an amount requited te pay all
indebtedness ander the Note and this Security Instrument shall be paid tu the entity legally ented thereto
*. Charges ta Barrower and Protection of Lender's Rights is the Property. Borrower shall pay all governmental
inicipal charges. fines and imposition that are not inctaded iw paragraph 2, Borrower shall pay diese obligations on time
directly to the entity which is owed the payment If failure ae pay would adversely affect Leader's interest in the Property
upon Lender's request Bormtser shalt promptly fintish to Leader roceipis evidencing these payments
11 Tosrower fats @ make these paements oF the payments required by paragraph 2. oF fails w perform any other
sevcnutp and agreements soatained in, (his Security Irstromment, or there is a legal proceeding that may slynificantly affect
Tenders sights fa the Property Guich ds a proceeding in hankruptey, for condemnation of i enforce kews oe eegulationst, hen
{onder snus sky and pay whateser is necessary te prutecr the value of che Property and Lender's rights in the Property
inchiding pasment of ses. hazatd insrance aad other tents mentioned in paragraph 2
Any amiunts disbueved by Lender ander this Paragraph shatt become an additional debt of Borrower and be secured, by
this Security Instrument, these simounts shall bear interest front the dite wf disbursement at the Note rate, aml at the option of
Lender stall be immediately due and pag able:
Borracer shall poomptly discharge afiy tien which has peity aver this Security Instrument unless Borrower fal agrees
in \seding the gee meat or the obligation secured by the lien in a muamaer acceptable to Lenders (bi contests ia good faith the
fier hy, or defends aginst caforcement af the lien in legal pesceedings which ia the Lender's opinion operate to prevent the
chtareement of the fea oF 4c} Secures from the holder uf the lien an agreement sifisthetery & Lender subordinating the lien
fer this Security Instrument. If Lender deterntines that any: part of the Property is subject to a licn which may attain priority
ever this Security Insrument, Lender may give Homower a notive iifenifiing the lien, Borrower shall satisf the lien or take
See Geary of the actions set fheth hove within. [0 day sof the giving of notice.
8. Fees: Fender nay collect fees and charges authorized by the Secretary
4. Grounds for Aceeteration af Debt,
(a) Defaule, Lender may, except 45 livnited by regulaions issued by the Seeretury in the
Fequite iamediste payment in fall of all sums secured by this Security Instrument if
Hib Borrower delaaks by failing to pas ii tal any monthly payment required by this Security fnstrument prior
te orn the dug date of the nese monthly payment, or
(81 Bomaser defaults by ftiing, the a period of thirty days, to perfeum any uther obligations contained in this
Security Instrunety
(by Sate Without Credit Approval. Leader shall, if pennited by applicable law (including section 341) of the
GariSte Germait Depository Institutions Act of 183, 12 U.S.C. 1704.-3d)) and with the privr approval oF the
Secretar, require immediate payrient in tll of all stuns secured by this Security tnsteunsent if
(0 AtLor pan of the Property. oF a boneficial interest iv a trust envning all or part of the Property, is sold or
sherwise tcanstetred (other tan by devise ae descenti, and
(Hid “the Property is noc secupied by the purchaser of zeantce as his o her principal tesidence, or the purchaser
shinice doce su occupy the Pooperty bait his of her credit bias not been approved in accordance with the
requirements of the Secretary
(el No Waiver. IF cirswistances occur that seoatd peemit Lender ti require immediate payment in fil, bot Lender
does mot teuiee such payments, Lender does not save fs rights with tespect @ subsequent events
(a) Regulations of HUD Secretary. in arary circumstances regulations issued by the Seccetary will mit Lender's
Halts in the case af payatent defaults, i require inameitigte payment in full and foreclose if oot paid, This
Sectitity listrumeat does not autinirize acceferation or fonccTosue if mot peruritied by teutations of the Secretary
fe) Morigage Not Lnstired, Borrower agrees that i this Security Instrument and the Note are wat determined to be
vfigible for inserancy under the National Housing Acc within eight months
root the date hercal Lender may, at Hs option require immediate payment in full of alt sums secured by this
Sevarify (usicument, A written stement of any authorized agent of the Secretary daved subsequent ts
eight months from the date hereof, declining Us insure this Secucity
Jestrament aad the Nete, shail be deemed cvrictusive prot of such ineligibility, Nuwvthstanding the koregaing.
this option may not be exercised by Lender when the unay ilabality of insurance is solely due ix Lender's failure ws
remit 4 mortgage insurance promiun to the Secretary.
10, Reinstatement, Borrower has a right & he reinstated if Lender has required immediate payment in full hecause of
Howower's failure ts pay sn sundae due under the Note or this Security hustrumient. This right applies even after foreclosure
Preccedinys ave instituted. To ecinstte the Security Instrument, Borrower shall lender in a lump su afl amounts reytired to
Preview
Filing # 132191877 E-Filed 08/06/2021 01:17:40 PM IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA CASE NO. 19004409CA LAKEVIEW LOAN SERVICING, LLC Plaintiff, ve THE UNKNOWN HEIRS, GRANTEES, DEVISEES. LIENORS, TRUSTEES, AND CREDITORS OF JOSEPHINE BROWN, DECEASED; THE UNKNOWN HEIRS, GRANTEES, DEVISEES, LIENORS, TRUSTEES, AND CREDITORS OF BETTY BROWN MCCRAY A/K/A BETTY MCCRAY, DECEASED: THE UNKNOWN HEIRS, GRANTEES, DEVISEES, LIENORS, TRUSTEES, AND CREDITORS OF BEVERLY PATTON, DECEASED; ETHEL CARR; MELVIN FRANKLIN FOSTER A/K/A MELVIN FOSTER; WANDA DARLENE ROGERS A/K/A WANDA DARLENE MCCRAY A/K/A WANDA D. MCCRAY; MARILYN FRANCENE MCCRAY LOTT; JEFFREY TYRONNE MCCRAY A/K/A JEFFREY TYRONE MCCRAY A/K/A JEFFREY T. MCCRAY A/K/A JEFFREY MCCRAY A/K/A JEFFERY TYRONNE MCCRAY A/K/A JEFFERY MCCRARY A/K/A TYRONE MCCRAY; ASHLEY LATRESEE PATTON; UNKNOWN SPOUSE OF ETHEL CARR: UNKNOWN SPOUSE OF JOSEPHINE BROWN: UNKNOWN TENANT 1; UNKNOWN TENANT 2; BAY COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA; CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA; STATE OF FLORIDA DEPARTMENT OF REVENUE Defendants. VERIFIED SECOND AMENDED COMPLAINT TO FORECLOSE MORTGAGE Plaintiff. LAKEVIEW LOAN SERVICING, LLC. sues the Defendant(s), THE UNKNOWN HEIRS, GRANTEES, DEVISEES, LIENORS, TRUSTEES, AND CREDITORS OF BETTY BROWN MCCRAY A/K/A BETTY MCCRAY, DECEASED: THE UNKNOWN HEIRS, GRANTEES, DEVISEES. LIENORS, TRUSTEES, AND CREDITORS OF JOSEPHINE BROWN, DECEASED; THE UNKNOWN HEIRS. GRANTEES, DEVISEES, LIENORS. TRUSTEES. AND CREDITORS OF BEVERLY PATTON, DECEASED; ETHEL CARR; MELVIN FRANKLIN FOSTER A/K/A MELVIN FOSTER; WANDA DARLENE ROGERS A/K/A WANDA DARLENE MCCRAY A/K/A WANDA D. MCCRAY; MARILYN FRANCENE MCCRAY LOTT: JEFFREY TYRONNE MCCRAY A/K/A JEFFREY TYRONE MCCRAY A/K/A JEFFREY T. MCCRAY A/K/A SEPFREY MCCRAY A/K/A JEFFERY TYRONNE MCCRAY A/K/A JEFFERY MCCRARY A/K/A TYRONE MCCRAY; ASHLEY LATRESEE PATTON; UNKNOWN SPOUSE OF ETHEL CARR: 1000005434UNKNOWN SPOUSE OF JOSEPHINE BROWN; UNKNOWN TENANT 1: UNKNOWN TENANT 2; BAY COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA: CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA; STATE OF FLORIDA DEPARTMENT OF REVENUE and states: COUNT I MORTGAGE FORECLOSURE 1. This is an action to foreclose a mortgage on real property located in Bay County, Florida, and by reason thereof the venue for this matter is in Bay County, Florida. 2. Borrower(s), ETHEL CARR and JOSEPHINE BROWN executed and delivered a Promissory Note ("Note") dated May 16, 2008 in the original principal amount of $71,773.00. Securing payment of the Note, ETHEL CARR and JOSEPHINE BROWN executed and delivered a Mortgage ("Mortgage") dated May 16, 2008. The mortgage was recorded on June I, 2008, in the Official Records Book 3058, Page 232, of the Public Records of Bay County, Florida, and mortgaged the property described in the Mortgage. Copies of the Note and Mortgage are attached hereto. 3. Plaintiff, LAKEVIEW LOAN SERVICING. LLC, is the holder of the note and is entitled to enforce said mortgage and mortgage note. 4 ETHEL CARR, MELVIN FRANKLIN FOSTER A/K/A MELVIN FOSTER, JEFFREY TYRONNE MCCRAY A/K/A JEFFREY TYRONE MCCRAY A/K/A JEFFREY T. MCCRAY A/K/A JEFFREY MCCRAY A/K/A JEFFERY TYRONNE MCCRAY A/K/A JEFFERY MCCRARY A/K/A TYRONE MCCRAY, MARILYN FRANCENE MCCRAY LOTT, ASHLEY LATRESEE PATTON AND WANDA DARLENE ROGERS A/K/A WANDA DARLENE MCCRAY A/K/A WANDA D. MCCRAY, THE UNKNOWN HEIRS, GRANTEES, DEVISEES, LIENORS, TRUSTEES, AND CREDITORS OF BETTY BROWN MCCRAY A/K/A BETTY MCCRAY, DECEASED, THE UNKNOWN HEIRS, GRANTEES, DEVISEES. LIENORS, TRUSTEES, AND CREDITORS OF JOSEPHINE BROWN, DECEASED AND THE UNKNOWN HEIRS, GRANTEES, DEVISEES, LIENORS, TRUSTEES, AND CREDITORS OF BEVERLY PATTON is/are the current owner(s) of the real property which is the subject of the Mortgage. 5. The Mortgage is a lien superior in dignity to any prior or subsequent right, title, claim, lien or interest arising out of mortgagor or the mortgagor's predecessors in interest. 6. A default exists under the Note and Mortgage as a result of the amounts due under the Note and Mortgage in that the payment due for June |, 2019, and all subsequent payments have not been made. 7. Plaintiff has demanded payment of the obligation reflected by the aforesaid Note and Mortgage, but despite such demand, said default has not been cured. 8. All conditions precedent to the acceleration of the Note and Mortgage and the filing of the instant foreclosure complaint have been performed, have occurred, or have been waived. 9. Plaintiff declares the full amount payable under the Note and Mortgage to be due. 100000543410. Plaintiff is due the sum of $59,263. in principal under the Note and Mortgage, plus interest from May 1, 2019, together with all sums that may be due for taxes, insurance, escrow advances, and expenses and costs of suit including but not limited to filing fees, recording fees, title search and examination fees, fees due for service of process and such other costs authorized by the loan documents, by law, and as may be allowed by the Court. (1. Plaintiff is obligated to pay plaintiff's attorneys a reasonable fee for their services. Plaintiff is entitled to recover its attorneys’ fees under the Note and Mortgage. 12. UNKNOWN SPOUSE OF ETHEL CARR, UNKNOWN SPOUSE OF JOSEPHINE BROWN, UNKNOWN TENANT | AND UNKNOWN TENANT 2 may have or claim an interest in the Property herein sought to be foreclosed by virtue of the Property being homestead property and/or defendant(s) occupancy thereof, Said interest, however, is either invalid or is subordinate and inferior to the lien of PlaintifPs Mortgage. 13. WANDA DARLENE ROGERS A/K/A WANDA DARLENE MCCRAY A/K/A WANDA D. MCCRAY, MARILYN FRANCENE MCCRAY LOTT, JEFFREY TYRONNE MCCRAY A/K/A JEFFREY TYRONE MCCRAY A/K/A JEFFREY T. MCCRAY A/K/A JEFFREY MCCRAY A/K/A JEFFERY TYRONNE MCCRAY A/K/A JEFFERY MCCRARY A/K/A TYRONE MCCRAY AND ASHLEY LATRESEE PATTON may have or claim an interest in the real property herein sought to be foreclosed by virtue of being an heir of BETTY BROWN MCCRAY A/K/A BETTY MCCRAY, DECEASED, Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 14. MELVIN FRANKLIN FOSTER A/K/A MELVIN FOSTER, may have or claim an interest in the real property herein sought to be foreclosed by virtue of being an heir of JOSEPHINE BROWN, DECEASED. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. [5. THE UNKNOWN HEIRS, GRANTEES, DEVISEES. LIENORS, TRUSTEES, AND CREDITORS OF BETTY BROWN MCCRAY A/K/A BETTY MCCRAY, DECEASED, and all Claimants, Person or Parties, natural or corporate, and whose exact legal status is unknown, claiming by, through, under or against BETTY BROWN MCCRAY A/K/A BETTY MCCRAY, DECEASED, or any of the herein named or described Defendants or Parties claiming to have any right, title or interest in and to the property herein described, may seek to claim an interest in the real property herein sought to be foreclosed by virtue of being an heir of the deceased. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 16. THE UNKNOWN HEIRS, GRANTEES, DEVISEES, LIENORS, TRUSTEES, AND CREDITORS, OF JOSEPHINE BROWN, DECEASED, and all Claimants, Person or Parties, natural or corporate. and whose exact legal status is unknown, claiming by, through, under or against JOSEPHINE BROWN, DECEASED, or any of the herein named or described Defendants or Parties claiming to have any right, title or interest in and to the property herein described, may seek to claim an interest in the real property herein sought to be foreclosed by 1000005434virtue of being an heir of the deceased. Said interest. however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 17. THE UNKNOWN HEIRS, GRANTEES, DEVISEES, LIENORS, TRUSTEES, AND CREDITORS OF BEVERLY PATTON, DECEASED, and all Claimants, Person or Parties, natural or corporate, and whose exact legal status is unknown, claiming by, through, under or against BEVERLY PATTON, DECEASED, or any of the herein named or described Defendants or Parties claiming to have any right, title or interest in and to the property herein described, may seek to claim an interest in the real property herein sought to be foreclosed by virtue of being an heir of the deceased. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 18. BAY COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Second Order to Impose Lien recorded Official Record Books November 9, 2020, Book 4321, Page 2350, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however. is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 19. STATE OF FLORIDA DEPARTMENT OF REVENUE, may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Plea, Waiver, Consent Offered in Absentia recorded Official Record Books October 3, 2005, Book 2682, Page 1157, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiffs Mortgage. 20. STATE OF FLORIDA DEPARTMENT OF REVENUE, may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Final Judgment recorded Official Record Books December 6, 2006, Book 2861, Page 1515. of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage, 21. STATE OF FLORIDA DEPARTMENT OF REVENUE, may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record Books March 9, 2007, Book 2897, Page 139, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage 22, STATE OF FLORIDA DEPARTMENT OF REVENUE , may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Civil Judgment recorded Official Record Books February 19, 2008, Book 3023, Page 123. of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 100000543423. STATE OF FLORIDA DEPARTMENT OF REVENUE , may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Civil Judgment recorded Official Record Books February 19, 2008, Book 3023, Page 127, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however. is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 24. STATE OF FLORIDA DEPARTMENT OF REVENUE, may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Civil Judgment recorded Official Record Books April 13, 2009, Book 3144, Page 812. of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 25. STATE OF FLORIDA DEPARTMENT OF REVENUE , may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Final Judgment recorded Official Record Books April 13, 2009, Book 3144, Page 929, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 26, STATE OF FLORIDA DEPARTMENT OF REVENUE , may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record Books September 30, 2011, Book 3354, Page 1383, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 27. STATE OF FLORIDA DEPARTMENT OF REVENUE , may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record Books August 28, 2012, Book 3436, Page 1940, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 28. STATE OF FLORIDA DEPARTMENT OF REVENUE , may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record Books August 2. 2016, Book 3818, Page 1849, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 29. STATE OF FLORIDA DEPARTMENT OF REVENUE , may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record Books January 31, 2019, Book 4085, Page 110, of the Public Records of Bay County, Florida or may otherwise 1000005434claim an interest in the Property. Said interest, however. is either invalid or is subordinate and inferior to the lien of Plaintiffs Mortgage. 30. STATE OF FLORIDA DEPARTMENT OF REVENUE , may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record Books December 11, 2019, Book 4200, Page 1129, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 31. STATE OF FLORIDA DEPARTMENT OF REVENUE , may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record Books March 26, 2 claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien 0, Book 4236, Page 1496, of the Public Records of Bay County, Florida or may otherwise of Plaintiff's Mortgage. 32. STATE OF FLORIDA DEPARTMENT OF REVENUE , may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record Books June 16, 2020, Book 4263, Page 400, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien ot Plaintiff's Mortgage. 33. STATE OF FLORIDA DEPARTMENT OF REVENUE , may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record Books June 16, 2020, Book 4263, Page 402, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 34. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Plea, Waiver and Consent Offered in Absentia recorded Official Record Books October 3, 2005, Book 2682, Page 1157, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 35. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Final Judgment recorded Official Record Books December 6, 2006, Book 2861, Page 1515, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 36. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record 1000005434Books March 9, 2007, Book 2897, Page 139, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 37. CLERK OF CIRCUIT COURT BAY COUNTY. FLORIDA, may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Civil Judgment recorded Official Record Books February 19, 2008, Book 3023, Page 123, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 38. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Civil Judgment recorded Official Record Books February 19, 2008, Book 3023, Page 127, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however. is either invalid or is subordinate and interior to the lien of Plaintiff's Mortgage. 39. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Civil Judgment recorded Official Record Books April 13, 2009, Book 3144, Page 812, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 40. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Final Judgment recorded Official Record Books April 13, 2009, Book 3144, Page 929, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. Al. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record Books September 30, 2011, Book 3354, Page 1383, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 42. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record Books August 28, 2012, Book 3436, Page 1940, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 100000543443. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record Books August 2. 2016, Book 3818, Page 1849, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 44. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record Books January 31, 2019, Book 4085, Page 110. of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 45. CLERK OF CIRCUIT COURT BAY COUNTY. FLORIDA, may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record Books December 11, 2019, Book 4200, Page 1129, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 46. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record Books March 26, 2020. Book 4236, Page 1496, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage, 47. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record Books June 16, 2020, Book 4263, Page 400, of the Public Records of Bay County, Florida er may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 48. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record Books June 16, 2020, Book 4263, Page 402, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment: (a) foreclosing the Mortgage: 1000005434(b) enumerating all amounts this Court determines due to Plaintiff pursuant to said Note and Mortgage: (c) ordering the Clerk of the Court to sell the subject property to satisfy the amount due Plaintiff, in whole or part; (da) adjudging that the right, title, and interest of any party claiming by, through, under or against any Defendant named herein be deemed inferior and subordinate to the Plaintiff s Mortgage lien and forever be barred and foreclosed; (e) retaining jurisdiction of this Court in this action to make any and all further orders and judgments as necessary and proper, including but not limited to re-foreclosure against any subordinate interest omitted from these proceedings. determining the amounts owed to any condominium or homeowners association, issuance of writ of possession and the entry of a deficiency, when and if such deficiency is sought, and only if the parties liable under the Note have not been discharged in bankruptcy (however no deficiency will be sought if the parties liable under the Note were subject to an order allowing Plaintiff or its predecessors-in-interest only in rem relief from the bankruptcy automatic stay); (fy awarding Plaintiff its attorney fees, costs, interest, advances; and (g) for such other and further relief as this Court deems just and proper. AMENDED VERIFICATION Under penalty of perjury, { declare that | have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief. M&T BANK AS ATTORNEY IN FACT FOR KEVIEW LOAN SERVICING, LLC £ A Signature Rachel M. Nowicki Printed Name Banking Officer Title eXL Legal, PLLC Designated Email Address: efiling@exllegal.com 12425 28th Street North, Suite 200 St. Petersburg. FL 33716 Telephone No. (727) 536-4911 Anna Judd Rosenberg Florida Bar #1015514 NOTE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1000005434IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA CASE NO SELENE FINANCE LP Plaintiff, v. ETHEL CARR; JOSEPHINE BROWN; AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER OR AGAINST THE ABOVE NAMED DEFENDANT(S), WHO (IS/ARE) NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES CLAIM AS HEIRS, DEVISEES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES, SPOUSES, OR OTHER CLAIMANTS, Defendants. } / CERTIFICATION OF ORIGINAL NOTE The undersigned hereby certifies: {. That Plaintiff is in possession of the original promissory note upon which this action is brought. 2. The location of the original promissory note is 12425 23TH STREET NORTH, SUITE 200, ST. PETERSBURG, FL 33716. 3. The name and title of the person giving the certification is: Gaylyn Leach, Original Document Processor for Plaintiff's attorneys, eXL Legal, PLLC. 10000054344. The name of the person who personally verified such possession is: Gaylyn Leach, Original Document Processor for Plaintiff's attorneys, eXL Legal, PLLC, 5. The time and date on which possession was verified were: at. 11:00 am. 6. Correct copies of the note (and, if applicable, all endorsements, transfers, allonges, or assignments of the note) are attached to this certification. 7. I give this statement based on my personal knowledge. Under penalties of perjury, I declare that I have read the foregoing Certification of Possession of Original Note and that the facts stated in it are true. Title: Original Document Processor Date: November 14, 2019 1000005434Composite Exhibit A NOTE May 16, 2008 Watch 2724 E. 11th Court PANAMA CITY, FL 32404 PPeopes PARTIES. “Bartewer” meaty cach person signing at the end of this Note. and the person’s snccesors and assigns, “Leader sseany Taylor, Bean & Whitaker Mortgage Corp. and its sucescary and assinty 2, GORROWER'S PROMISE TO PAYS INTEREST {a return for a loan coveted teow Lender, Borrower promises tay the principal sun of Seventy One Thousand Seven Hundred Seventy Three and no/100 Dotlaes 1 S.N74,773.00 J.ophas interest. wo the order of Lender. tntgrest will be charged om unpatd principal, teom the date ot disbursement of the foan prwveeds hy Lender, at the rate of Six and One Half petwent 6.5000") por yur until the full amount of principal has beet pai 3. PROMISE-TO PAY SECLRED Borrower's promise w pay fs secured by a mongage. deed of trust or simifar security instrument that by dates the sane daicas this Nate id called the "Security fastramemt” The Securits Instrument protects dhe Lender fiom lesses which aright result if Murray or defaults under this Note, 4.0 MANNER OF PAYMENT ‘Tine Howower stall make a payment of principal and interest ty Lender on the first dus of each month beginniny on July 04, 2008 _ Ang principal and ioteest reniaining umthe first day of June 2038 weil be div ow that date, which is called the “Maturity Date” «By Place Paysneat shall be nade at Taylor, Bean & Whitaker Mortgage Corp., 1417 North Magnolia Ave, Ocala, FL. 34478 ‘of at suef other place as Lender may designate in writing by notice to Borrower, (Cr Neonat Lach mnoaihily payment of principal and interest will be in the amount of U.S. $453.65 : Tis aritount sill be part of s karger monthly payment coquired by the Security Instrument, that shail be applied 6 principal, futorsst and other items ia the onder described in the Security Lysirinent, FLORIDA PLC HEVED ATE NOTE 18271 2007112 190K(A Allonge fo this Note for Payment Adjustarents Man ullenge prosiding for pay ment adjustnents is execuied by Bomuser togethor with this Note. the covenatts of the allonge stall be icognonated into and shalt amend aid supplement the covenants of this Nate as if the allenge were 4 purt af this Note (4 fice applicable box.d aosing Fgquity Atloage (7 Geatuicd Payment Mlonge OF Other fspecity | 5 BORROWER'S RIGHT TO PREPAY Bowrosver tas the right ts pay the debr evidenced by this Note, in wholeor in part, wideout change or penalty on the fest iy ot iy Unoath. Lender shatl accept prepay ment on other days provided hat Hloraiwer pay» interest an thie amount prepad for the remainder of the month to the extent reguived by Leader and permitted by regulations of the Seeretury. If Borrower Bigkes 3 partial prepay aient. (here will be ao od in the due date or in the amount wf the monthly paxaieat unless Lender agrees fit citing to thse ctianges, & BORROWERS FAILERE TO PAY (A) Latte Change for Overdue Payments If Lender has nor received the tall monthly Payment roquited by the Security Instrument, as deseribed in Paragraph 4(C + wl this Site, by the end of fificeu calendar days after the payment is due. Lender may: calfect «fate charge fi the amount of Four percent ¢ 4 “ah of the overdue amount af each payment (By Default I Docewer defanit by failing 1 pay in full any monthly payment. then Lender may. except as limited by regulations of the Secretary in the cine af payment dethults, require immediate payment in Tl oF the prineipal balance ceitsaining due and all sevens interest Lender may choose nor @ exercise this option without waiving its rights in the event of any subsequent default. In oxany ciecumistances regulations issued hy the Secretary will limit Lender's rights te require immediate payment in fall fa the vase at paymrent defaults, This Nore does: not authorize acceleration when not perutivied by HUD regulations. Ay used inthis Note, “Seveetity” means the Sectetuey of Housing and Ushan Development or his or her de (C) Payntent of Costs and Expenses H1 Lander furs required immesiate payment in full, 4 described above, Lender may require Bomumer 10 pay costs and sapeunes lachiding reasonable and castomary attomeys’ Kees for enforcing this Nee w the extent wot prohibited by applicable fis, Such Rees amd costs shall bear interest from the date of dishuesement at the sante tate as the prineipal of this Note. Ve. 2 WMVERS Bonwser and any other person who has obligations under this Note waive the rights of prescaunent and gutive of distenor, “Presentmnat” means the Fight to require Lender ter demand payment of amounts due. “Note ot dishonor” means the right tu require F coder to give notice to other persons that amounts dus have not been pisid, 3 GIVING OF NOTICES Unies upplicable bea requires w diflenent method, any votive thar must be given tu Borrower under this Note will by ‘von by defiveriing it ve fy mul Leo Boron er at the pooperty address above or at a different address if Bornower huss given Lender a notice of Borrower's different addtess. Any notice chat must be given to Lender ander this Note il be given by first class snail wy Lender at the i Paragraph e081 at a diferent addres if Borrower ts given notice af thar different address 9. OBLIGATIONS OF PERSONS UNDER THES NOTE 1 awe than «ine person sigais this Note. each person is tully-and personally obligated to keep all of the promises niude im this Note, including the promise «© pay the Gilt aamiuet owed, Any person wha iss guarantor. surety or endorser of this Note is alse obfigated to do ttese things. Any person who takes over these obligations. including the obligations af a guarantor, stirety of endorser of this Note, is also obligated to keep all of the promises made in this Note, Lender may enforce Tn under this Note against cact person individually ar aggins¢ all signatories together. Any ane person signing this oho requingd to pay all of the smoutnts owed under this Note, a Nae FLORIDA CIS NED RTE NOT1. DOCUMENTARY TAN ‘The state documentary Gos dite ott this Nets hay been paid on the mortwage securing this indebtedness BY SIGNING BELAY, Rarroxce accepts aid agrews 1 the terns and covenants contained in pages t thtsugh 3 of this Ns Les) fh, hel Carr Bearcecer Brenan } a Meni Atk oi Sealy Sosephine Brown Tiers ~ (Sealy “Rowtnee [Sige Orisginat Only ‘Without recourse, pay t0 the order of By: Taylor, Bean & ‘Whitaker Mortgage Corp. FLOR. FES PADD RATE NOTEPREP SED ny Composite Exhibit A Sone Jessica Cunningham | son. Taylor, Bean & Whitaker Mortgage Corp. 1417 North Magnolia Ave ezvosonsaen Fite # 20080: Ocala, FL 34475 Oe et get RECORDED 96/1 08 14:47:0° Komen co CARL ML SUGARMAN Harold Bazzel, Clerk Bay County, Florida 17345 S. DIXIE HWY 0G STMP-M. $264.30 WNT TAX: $143.58 | DEPUTY CLERK GB we ‘Trans ¥ 879822, : ae —h. Dsirace Abuve 1bis Cie Por Recon Dat MORTGAGE face > as THIN MORTGAGE eSecurity tostrument”| is given oa May 16, 2008 the airtgayeris Ethel Carr and and Josephine Brown , ban Single “pecscns tBoerawerh, This Security Insteument is given te Mongitze Electronic Regisnationt $3 stots, nc, MES") MERS ix a separate corporation that is ating solely ss nominee for Lender aunt Lenders sucvessns and asigns, MERS is the martgagee qmder this Socurily Instrument, MERS is crgentized and existing ander the Livy of Dekavare, and has an addicys and telephante number of P.O, Box 20%. Flint. ML {8501-2020 sof, (RAS) 677-MERS, Taylor, Bean & Whitaker Mortgage Corp. (Lende"s is organized and existing swndse the Fas 08 FL and hase akklress of 1417 North Magnolia Ave, Ocala, FL 34475 Hoavsverouys Lender thy principal sum of Seventy One Thousand Seven Hundred Seventy Three and nol100 Dallacs (CS. 874,773.00 4 This debe is evidenced by Borrower's note dated the same date as, this Security fastrament Note"). which provides for neondhly payments, siti the fall debt Hot paid earlier. due and payable on June 01, 2038 5 This Security tnstrument secures. to Lender: (aj the repayment of the debt evidenced by the Note. will interest, and all » eNtertshons and mealifications of the Note: iN) the paymeet of all other sunts sith interest, advanced ander reply > te pratect the security wf thés Scowrity famtruntent: and to} the performance of Borwaver’y covenants and sercements wider this Security Instrvment dail the Neve, For this purpose, Borrower des hereby metgage. grant aid ounvey by MERS Gokely ar nowtinee tor Lender inte Lender's stevessors and assigns} and te the suvcessers and assigns of MERS the following described property fowsied it BAY County, Florida: TLOREYS FIC Mont cesta om ners oer Tst02_20071119. 160002‘See Attached Exhibit A. which fas the adress ot 2721 E, ttn Court [ved PANAMA CITY Florida 32401 (Property Asideesss isd Wp ontel VOR TEIER WiTH all the improvements tow of hereafter erected on the property, and all casements. appurtenances, aad Favre. now or heteufter 4 part at the property. Alt reptacoments and additions shall also he covered by this Security Insteumient. All of the Toregcing is refered to in this Security Instrument as the “Property.” Borrower understands and agrees that MERS holds oaly legal Gite (0 the interests seamed by Boernsver in this Secunity, Instrument: With haw or custoin, MERS (ay nominee fur Lender and Lender's successors and assigas) has the tight: to ut diese fnterests, including. bt mot lintited ta, the vipit ro forcelose and sell the Property: and to take any dution required of Conder inctading, bur not limited te. neleasing or canceling this Security Tasteument BORROWER COVENANTS dhat Boraser is tinsfully seised of the estate hereby conveyed and has the right (0 mortgage, grant aad comeey the Property and that the Property: is «nencumbered, except for encumbrances of record, Rotrower warrants and will defend generally the sitle 1 the Propeny against alf claims and demands, subject 10 ay coeumibrances of record. TUIS SECURITY INSTREMENT combines. snifooin covensnts for national use and avn-unitim covenants with Hiniced variations by jurisdiction to vonstitide a anitonn security jasttument covering reat property it iF necessary to comply cercise any or all PNEFORM COVENANTS. Bortower anal | enter covedant and agree as Follows 1. Payment of Principal, Iuterest and Late Charge. Gotewer shail pay when due the principal of, and interest on, idenced hy the Note autd late charges due under te Note 2, Monit, Pavment af Taxes, tasurance, snd Other Charges. Borrower shall include in each monthly payment, tegsthoe ith the principal and interest ss set forth i she Note and any late charges, a sunt for (as tayes anf special assessaivuts levied ot 18 be levied against the Property, (6) leasehold payments or around rents on the Property, and (cd necmnfuins for insarasee required dade paragraph. 4. to any year dn Which the Leader must pay” a mortgage insurauce premium to the Sectetary of Housing and ( rhan Development (Seeretagy”), or in any yea it whict such promium would have heen quired Lender still held the Security tstaurtent, cach monthly payment shall alse include either: (i) a sum for the anmeal arortuage insurance pretium tw be puld by Lender to the Seceetary. of (iid a monthly: charge instead ofa mortgase iisarates premium if this Security Instrument is held by the Secretary. in 3 reasonable amouitt wo be determined by the Sestetary. Excupt for the monthly charge by the Secretary, these itenis are called “Escnow Hterms” and the sums paid wo Lenser are called “Eseren Funds.” Londer nuty. at any’ time, collect and fold amounts for Escrow Items in an aggregate amount not to eveced the fashinum oinoont that way be required tor Bornawer's escrat account under the Read Estate Settfement Procedures Act af FOE TD USC 9 201 et seg. and iunptemenging regulations, 24 CFR Pari 3808, ay they may be amended from time to time CRE SON"L except that the cushion or reserve pomititied by RESP. for unanticipated disbursements or disbursements before: the Borrowers payttients are ay ailable in the account may tot be based «tt anuunts due for the mortgage insurance premium, Wt the amounts held by Lender for Escrow trems esveed the amounts permided to be held by RESPA, Lender shall ut & Horroner fr the excess linds as required by RESP. IY the amouats of thd held by Louder a any time are mot tent © pax the Pons Troms whea due, Londer may notil) the Borrower ane equity Borrower to make op the shorage ass pecnticted by RESP A, Broan Fit) aH set ERS GeantThe bscrows Funds ore pleaded as additional security for alt sums secured by this Security fasteument. [Ff Borrower tenders fo Lenwler die tall payment of alt such sums, Rorninver's «ceaunt shall be credited with thy balance remaining for all installaicnt items Gaiety and (<9 and amy momtyage insurtiey pronsiuey installment that Lender has rat become abligated 10 as to dhe Secretary. ate Lonider shall promptly refund any excess finds to Borrower, linniediately prior to a foreclosure site wf the Property oF its acquisition by Lender, Borsiwer's account shall be eredited with any balance remaining for all installapeits for fheens ak (hy. and (6h 3. Apptication of Payments. Alf payments under parauraphs. | and 2 shall be applied by Lender as follows: FIRST, to the mortgage insurance premium to be paid fry Lender 16 the Secretary or to the monthly charze by five Sceretary instead of the mbanthly morigage insurance premiuny; SECOND. to ay taxes, speeial assessnents, eascholt pagments er gruel eens, and fire. asus insurance pects. as required: THIRD. te interest due unser the SOK FOURTH, to amortization of the principal ofthe Nore: and PHETH to late charges due under the Note 4. Five, Flood and Other Hazard Insurance. Bornaiee-shall insuce all inspeovensents on the Property. whether now fn eaisteuce or subsequently erected, against any hazards, casualties, and oontingencies, including fire, for which Lender sequites dnranee, This insurance shall he maintained in the amounts and for the periods that Lender requires, Borrower shall also insure all iinprovemteits ut the Property. whether nuns in exisienice or subsequently erected. against loss hy foods to the exten required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies aval any renewals shill be held fy Lender and shail inichude loss payable clases iw favor of and in a Tor acceptable to, Lender In the cent ot ony. Bocrmver shall give Leader jmunediate notice by mail. Lender may make proot of toss if wot made promptly hy Borcver, Fach insurance company concemed is hereby autivurized and directed to take payment for seh hos ditectly tw Lender, instead ut Bomower and to Lender jointly, MIbor any part of the insurance proceeds may be apptiod hy Lender at its optiinn, vither tay to the reduction of the indebiedness under the Note.and this Security Instrament. fest (6 4 elioquettt aniotmts applied is the order in paragraph 3, and then to prepayment of principal, ur (6) (a the restoration a repair of the dunaged Property, Amy application of the proceeds to she principal shall aot extend oF postpone the due date of the thonthhy pagments sehich are referred 63 iW paragraph 2 oF change dhe amount of stich payments. Any excess insurance Proceéds wee an amientt reqtined to pay afl outstanding indebtedness under the Note and dhis Security Instrument shafl be paid te thie cuits kegatly emitted therete, a the exeat of foreclosure of this Security histroment or other teansier of tile 10 the Property that evtinguishes the findebcedincoss aff right, vide and interest of Bornaeer ia asl w insurance potigies in Five shall pass to the purchaser. 5. Occupancy, Preservation, Maintenance aud Protection af the Property: Borrower's Loan Application; Leaschulds. Bonawer shall occupy. establish, aud use the Property as Borrower's principal residence within sixty days afier the executive of this Seowrity tasirament (or within sixty days of 3 later sale of transfer of the Property and shall continue pects the Property as Hsrrower’s principal residence for at least one year after the date of accupancy. unless Lender devermines that requirement will cause undue hardship for Bornnwer, or wiless extenualing circumstances exist which are hgund Borower'y control, Bormaver shall notify: Lender of any extenuating circumstances. Borrower shall not commit Sots or destiny dhumige at substantially change the Property ac allow the Property t deteriorate, reasanale weur and tear sseepted. Hemder iy inspect the Propesty i the Property is teant of abandoned ar the hea is in deta. Lender may take fetsonable action t protect and prenerve such vacant or abandoned Property. Borrower shall also be iu default if Bomower = the Ioan ypplication process. gave maierially: false or inaccurate informacion of statements 6 Lender (oe failed to provide Lender with any material information) in connection with the loan evidenced by the Note. including, but not limited (6. representatiiay outcering Bormonver’s orcapancy of the Pripedy as a principal residence. If this Security {nsteontem is ona teavehold. Harrower shall comply with the provisions of the lease. Hf Borrasver acquires fee tite 10 thee Property. he fessehodd and fee title shall norbe merged unless Lender agrees to the meeger in writing & Condemnation, The proceeds fang award sr claim for damages, direct or consequential. in eonneetion with any femaution or other tiking al any part of the Properte, of for couvexanee in place af vonderinaion. are hereby assigned WS strat be paid (o Lender to the extent of the tilt atnount of the indebtedness that remains unpaid under the Note and this Security fnsieainont, Lender shall aint such praveeds to the reduction of the indebtedness wader the Note and shis Seeurity {astromten Gest any’ delinquent amounts applied ie the ordee provided in paragraph 3. and then te prepayment af principal nr ainptication of the proceeds to the principal shall nor extend or postpone the due date of the moathly.payients, shi Rood and ather are HEORIDA any MORTE ACL ersthe amount of such payments. Vay excess proceeds over an amount requited te pay all indebtedness ander the Note and this Security Instrument shall be paid tu the entity legally ented thereto *. Charges ta Barrower and Protection of Lender's Rights is the Property. Borrower shall pay all governmental inicipal charges. fines and imposition that are not inctaded iw paragraph 2, Borrower shall pay diese obligations on time directly to the entity which is owed the payment If failure ae pay would adversely affect Leader's interest in the Property upon Lender's request Bormtser shalt promptly fintish to Leader roceipis evidencing these payments 11 Tosrower fats @ make these paements oF the payments required by paragraph 2. oF fails w perform any other sevcnutp and agreements soatained in, (his Security Irstromment, or there is a legal proceeding that may slynificantly affect Tenders sights fa the Property Guich ds a proceeding in hankruptey, for condemnation of i enforce kews oe eegulationst, hen {onder snus sky and pay whateser is necessary te prutecr the value of che Property and Lender's rights in the Property inchiding pasment of ses. hazatd insrance aad other tents mentioned in paragraph 2 Any amiunts disbueved by Lender ander this Paragraph shatt become an additional debt of Borrower and be secured, by this Security Instrument, these simounts shall bear interest front the dite wf disbursement at the Note rate, aml at the option of Lender stall be immediately due and pag able: Borracer shall poomptly discharge afiy tien which has peity aver this Security Instrument unless Borrower fal agrees in \seding the gee meat or the obligation secured by the lien in a muamaer acceptable to Lenders (bi contests ia good faith the fier hy, or defends aginst caforcement af the lien in legal pesceedings which ia the Lender's opinion operate to prevent the chtareement of the fea oF 4c} Secures from the holder uf the lien an agreement sifisthetery & Lender subordinating the lien fer this Security Instrument. If Lender deterntines that any: part of the Property is subject to a licn which may attain priority ever this Security Insrument, Lender may give Homower a notive iifenifiing the lien, Borrower shall satisf the lien or take See Geary of the actions set fheth hove within. [0 day sof the giving of notice. 8. Fees: Fender nay collect fees and charges authorized by the Secretary 4. Grounds for Aceeteration af Debt, (a) Defaule, Lender may, except 45 livnited by regulaions issued by the Seeretury in the Fequite iamediste payment in fall of all sums secured by this Security Instrument if Hib Borrower delaaks by failing to pas ii tal any monthly payment required by this Security fnstrument prior te orn the dug date of the nese monthly payment, or (81 Bomaser defaults by ftiing, the a period of thirty days, to perfeum any uther obligations contained in this Security Instrunety (by Sate Without Credit Approval. Leader shall, if pennited by applicable law (including section 341) of the GariSte Germait Depository Institutions Act of 183, 12 U.S.C. 1704.-3d)) and with the privr approval oF the Secretar, require immediate payrient in tll of all stuns secured by this Security tnsteunsent if (0 AtLor pan of the Property. oF a boneficial interest iv a trust envning all or part of the Property, is sold or sherwise tcanstetred (other tan by devise ae descenti, and (Hid “the Property is noc secupied by the purchaser of zeantce as his o her principal tesidence, or the purchaser shinice doce su occupy the Pooperty bait his of her credit bias not been approved in accordance with the requirements of the Secretary (el No Waiver. IF cirswistances occur that seoatd peemit Lender ti require immediate payment in fil, bot Lender does mot teuiee such payments, Lender does not save fs rights with tespect @ subsequent events (a) Regulations of HUD Secretary. in arary circumstances regulations issued by the Seccetary will mit Lender's Halts in the case af payatent defaults, i require inameitigte payment in full and foreclose if oot paid, This Sectitity listrumeat does not autinirize acceferation or fonccTosue if mot peruritied by teutations of the Secretary fe) Morigage Not Lnstired, Borrower agrees that i this Security Instrument and the Note are wat determined to be vfigible for inserancy under the National Housing Acc within eight months root the date hercal Lender may, at Hs option require immediate payment in full of alt sums secured by this Sevarify (usicument, A written stement of any authorized agent of the Secretary daved subsequent ts eight months from the date hereof, declining Us insure this Secucity Jestrament aad the Nete, shail be deemed cvrictusive prot of such ineligibility, Nuwvthstanding the koregaing. this option may not be exercised by Lender when the unay ilabality of insurance is solely due ix Lender's failure ws remit 4 mortgage insurance promiun to the Secretary. 10, Reinstatement, Borrower has a right & he reinstated if Lender has required immediate payment in full hecause of Howower's failure ts pay sn sundae due under the Note or this Security hustrumient. This right applies even after foreclosure Preccedinys ave instituted. To ecinstte the Security Instrument, Borrower shall lender in a lump su afl amounts reytired to