Preview
Filing # 128901287 E-Filed 06/16/2021 04:27:54 PM
IN THE CIRCUIT COURT FOR THE FOURTEENTH JUDICIAL CIRCUIT
EIN AND FOR BAY COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
THE BANK OF NEW YORK MELLON FKA
THE BANK OF NEW YORK, AS TRUSTEE CASE NO.: 19004416CA
FOR THE CERTIFICATEHOLDERS CWALT,
INC., ALTERNATIVE LOAN TRUST 2006-
18CB, MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-18CB
Plaintiff(s),
vs.
UNKNOWN HEIRS, BENEFICIARIES, i
DEVISEES, ASSIGNEES, LIENORS,
CREDITORS, TRUSTEES AND ALL OTHERS
WHO MAY CLAIM AN INTEREST IN THE
ESTATE OF JUDITH HOPKINS; HAROLD
TERRY GLASS; MORTGAGE ELECTRONIC
REGISTRATION SYSTEM, INC, ACTING |
SOLELY AS NOMINEE FOR AMNET |
MORTGAGE, INC, DBA AMERICAN
MORTGAGENETWORKOFFLORIDA;
Defendani(s).
/
|
i
AFFIDAVIT OF INDEBTEDNESS
BEFORE ME personally appeared Mary Cocheu ,being first duly
sworn under oath, who deposes and states as follows
1. I am an employee of NEWREZ LLC F/K/A NEW PENN FINANCIAL, LLC d/b/a
SHELLPOINT MORTGAGE SERVICING as attorney in fact for Plaintiff,THE BANK
OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR
THE CERTIFICATEHOLDERS CWALT, INC., ALTERNATIVE LOAN TRUST 2006-
TDP File No. 20-028821
18CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-18CB, with
access to certain business records as more fully identified herein, and it is within my job
duties to be familiar with the manner and method in which the business records are
maintained in the ordinary course of business, My familiarity comes from my
employment experiences, knowledge and awareness of the business policies and practices
of my Employer. The books and business records are kept and managed in the ordinary
course ofregularly conducted business by employees whose duty it is to keep the books |
and business
NEWREZ
records
LLC
accurately
F/K/A NEW
and
PENN
completely, and
FINANCIAL,
itis the
LLC
established
d/b/a
practice
SHELLPOINT
of :
MORTGAGE SERVICING, as Servicerto record eacheventoritem at ornearthetime |
, of the event or item so noted. These records consist of electronic and paper records and |
include information related to payments on loans, as well as collateralloan documents |
such as mortgage, notes, name documents, and other related items. |
2, I have reviewed electronic copies of the “Note” and “Mortgage” which are the subject of |
this action and my review indicates that on or about April 20, 2006, Judith Hopkins |
executed and delivered a Note in favor of AMNET Mortgage, Inc. d/b/a America |
Mortgage Network of Florida and Mortgage in favor of Mortgage Electronic Registration
Systems, Inc. as nominee for AMNET Mortgage, Inc. d/b/a American Mortgage Network
of Florida, it'ssuccessors and assigns, which subsequently assigned to THE BANK OF
NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE
CERTIFICATEHOLDERS CWALT, INC., ALTERNATIVE LOAN TRUST 2006-18CB,
MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-18CB. Plaintiff orits
predecessor had actual copy of the Note, and Mortgage, and Plaintiff or its predecessor
TDP File No. 20-028821
acquired its interest prior to the institution of the foreclosure proceeding. NEWREZ LLC
F/K/A NEW PENN FINANCIAL, LLC d/b/a SHELLPOINT MORTGAGE SERVICING
is authorized servicer of the loan and has authority to collect payments and pursue legal
proceedings, among other things, pursuant to the Power of Attorney attached hereto. True
and correct copy of the Note (Exhibit “A”), mortgage (Exhibit “B”), assignment(s) of
mortgage (Exhibit “C”) and power of attorney (Exhibit “D”’) are attached hereto.
3. That there has been a default under the terms of the Note and Mortgage due to a failure to
make the note and mortgage payment due on February 1, 2019, and all subsequent
payments. NEWREZ LLC F/K/A NEW PENN FINANCIAL, LLC d/b/a SHELLPOINT
MORTGAGE SERVICING elected to accelerate the loan payments and therefore the full |
amount is due and payable. A true and correct copy of the payment history as maintained |
in the electronic records ofNEWREZ LLC F/K/ANEW PENN FINANCIAL, LLC d/b/a |
SHELLPOINTMORTGAGE SERVICING is attachedhereto as Exhibit “E”. |
.| 4, Anotice ofdefault was provided to the Defendant(s) in a manner as required by the terms |
of the mortgage prior io instituting this legal action; and an imaged copy is maintained in |
the business records of NEWREZ LLC F/K/A NEW PENN FINANCIAL, LLC d/b/a |
SHELLPOINT MORTGAGE SERVICING, a true and correct copy is attached hereto as
Exhibit “F”,
5. That the following amounts are currently due and owing as of April 16, 2021: |
Unpaid Principal Balance: $31,699,22
Acctued interest from 01/01/2019 to 04/16/2021
at the per diem rate of $14.55; $12,166.82
BPO/Appraisal: $8.50
Property Inspection: $438.00
TDP File No, 20-028821
Foreclosure Trustee: $2,870.00
Lawn Maintenance: $320.60
Securing: $320.00
Winterization: $100.00
Adv/Publishing: $798.76
Process Server: $215.00
Attorney Fees and Costs: $2,864.58
EscrowTaxes:
Advance: $920.90 |
Beginning Balance: $170.09 |
Total Escrow Advance: $1,090.99
TOTAL DUE AND OWING: $102,891.87
6. By virtue of Defendants failure to pay said sums when due, the Plaintiff has been
compelled to employ the services of Padgett Law Group and is obligated to it for the
payment of a reasonable attorney's fee and has additionally incurred the costs of this
action. Plaintiff expects to incur additional costs to record a Final Judgment, publish a |
Notice of Sale, secure the home, insure the home, and advance any escrow payments as |
necessary to pay property taxes, insurance, or other related costs to protect and preserve
, i
the collateral. |
7. That a true and correct copy of the payoff statement is attached hereto as Exhibit “G”,
8. Based upon the fee agreement with Plaintiffs counsel, the full fee is not paid upon
completion of the foreclosure. Accordingly, the full attorney fee as reflected in this
affidavit has not been paid but pursuant to the fee arrangement, the full amount as
reflected herein will be paid upon completion of the foreclosure and the Plaintiff is
obligated to pay this amount.
The foregoing facts are true and correct to the best of affiant's knowledge and belief and if
TDP File No. 20-028821
called upon to appear.as a witness, Afflant could, and would, testify competently thereto.
FURTHER AFFIANT SAVETH NAUGHT.
DATED thisthe 3rd dayof_June, 2021.
NEWREZ.LLC F/K/A NEW PENN FINANCIAL, LLC d/b/a
SHELLPOINT MORTGAGE SERVICING, as attorney in fact for Plaintiff, THE
BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS
TRUSTEE POR THE CERTIFICATEHOLDERS CWALT, INC,,
ALTERNATIVE LOAN TRUST 2006-18CB, MORTGAGE PASS-THROUGH
CERTIFICATES,
ftSERIES(be8CB
7 aig bofytA y
Date:nef
Printed Name: et
Mary Cocheu
Title: Foreclosure Supervisor
STATE OF TEXAS
COUNTY OF HARRIS
The foregoing instrument was acknowledged before me, by means of & physical presence or
online notarization, this
foedaue SV PCL 4 day ofJune ,2021, byWAAC 4! fy nel. as
Gifor NEWREZ LLC F/K/A NEW PENN FINANCIAL, LLC d/b/a
SHELLPOINT MORTGAGE SERVICING, as attorney in fact for Plaintiff, THE BANK OF
NEW YORK MELLON FRA THE BANK OF NEW YORK, AS TRUSTEE FOR THE
CERTIFICATEHOLDERS CWALT, UNC., ALTERNATIVE LOAN TRUST 2006-18CB,
MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-18CB Said person.is
personally know to me or produced sufficient identification in the form offOr
p
Notary Signature: a Cu
Printed Name: (e_Amboer WnaG
Notary State: i's ae .
CommissionExp: "6 212}? a _ a
I sciliizy, MELANIE AMBER LENA CASE |f
| Soe" 7h See Notary Public, Stete of Texas]
|
||
Gre
“aie
Comm. Expires192417528
Notary 10
03-26-2024 4
TOP File No. 20-2882!
EXHIBIT “A”
* oe
InterestFirst" NOTE LOAN NO.
BIN: sesassacsaene
RQULY Loe sooo
eee wa bn oS
APRIL 20, 2008 BARAMA CITY PUGRIDA
[met iy] (okt
#20 PEBMIER DELVE
BARAMA CLTY,POORTDA, 22404
Tropery Addenial
tL.
BORROWER'S PROMISE 76 PAY
is Fetorn dir
Joan thar T heve mceived, Dereiniee te peed
S08 G2. 220.09(ihisuineunt tecalled “Primigal” ),
plus mMiersst, io the onder of the Lender, The Lender is
ARNET MNONTOAGE,
INC. .-
RBA BMBRICAN MORTGAGE NETWORK GFFLORIDA
will roake-all payments underthis Note. in the dorty of cosh, check or money order.
YT aviderstand ‘that the Leniler may Gansta’ this Note. The header er anyones who takes this Note by transfiy and whe is
entitled toreceive payments wider this Note ecalled the “Note Helder.”
2 EIST EREST.
interest. will be charged ow unpaid principal until the full amount of Principal hes been paid, d-will pay interest at @ yearly
sate ot #900 .
Vie Genet rane reguised bythe Section Dis the vate T vdll ney heth belive and after any ciefiall deueriien) in Goction AB)
ohihe Note,
a.PAYMENTS
fA} Time and Place of Payments
bunll make a payment every month
Thin payment adil befor interest only foe the first
BO dwme#ths, and then will
const of priboipal and interest,
Lavill make niy monthly payment wn the
LST day of exch monty hegitning on
SURE.O1) 2606 01 will
yaake these payments every month until | have pale all of ihe Principal and interest abd uny other cherges descrihed below that 1
mey-owe wader ihic Kote,
Each monthly payment will be applied aval ve scheduled due date, aad i ihe payne includes bath
principal and ieteresr it will he spgdied to intereat hedhice’ Prineapal
NH) on RAY OL, 2088 2 bent pwe armunts
under (his Note, Twill pay foes seocinita ce fall cov eat dete, whieh is cafiad the “Maturity Dale.”
badibviake my monthly payments at
PO 0. BOM 89908, ATYN: SASHIER'S DEST.
SAR DERG OA S22 R86 erat a diferent place if required by dhe Note Holder
(8) Amount of Monthly Payments:
My oonthly payment will be ur dhe amount af U6. 9
$80.23 forthe fies156 monhiof this Nor,
and thereatine will be in Gir amounoar US. 9
FS4.07 The Note diaider wil natily me gnurda the dete of
change in monthly payment.
4,BORROWER'S RIGHT TO PREPAY ;
i have the tight to make payments of Principal arany time belorea they we due
oA paytnent of Principal only ie knows ae
"Prepayment" Whaw Uimabea Prepaydient, | will ail the Note Holder in writing that
Camoedoing so. P moy not designate ¢
payment es a Peopayment if| have gaun-made allibe monthly peymmnte doe under the Mate.
famay rakes full Prepevinent.of partial Prepayments without payide a Prepayment charge
The Note Hoblér will nee ay
Propayiients i redued thé ameoadt of Piiecipal that f owe uader this Nowe
Howdver,
the Note Holder may apply iny.
Prepayment thé uoccied and unpaid interest. on the. Prepaywient amouni, before applying miy Prepayment te codices. the
Peincipal-amountof the Note. 11 oucke « pertial Prepayment, tere will bo ng changes Inthe duc dete aly monitly payment
FLOMOA interme fist PRED RATE NOTE-Singlx Parcity- Fannie Mae UNIFORM IRGTRUMENT
bs aia pau Form S204.40 404 een fe gk Cg (Um Wa Oka
RABba CEECORES SEES
Bag ted 7
. SUOFE
Hday
NE OU
AOU
AG i GDL nee i ge
seeaere vs
PEERLESS L Ee
A
ag y‘
Tt aah
as : i
\ a
heai
unless the Mole Holder agrens in writing io those changes. However,
ihe partial Prepayment is made during the period svhon
ey ientbly patients ainsi anlyof peres! “the amunt al dhe sortie peement wil! deorense fir the remaiader ad dhe tert
wher my gaymenig cansist only of iMerest as well ay during the time thaomy payments consist aff principal and interest. 1f the
paral Propeymont is made duting the period when ny payments consist-of principal_and inierest, the aniount af-my monthly
payment wil not decrease, hoawivery the principal and the interest required under this Note will Be paid prior cs the Manuriy
Das.
& LOAN CHARGES
Ifa low, -whith applies ta this dour and. «hich sete maximum lode vharecs, is Rasthy interpretad se that the interest or other
foan charges colleciad aria be collected in cennection wilbthis loan-oxcead the permitted Himits, dhen! {a} apy such lean charge
shall be reduced bycthie antount necesancte raduee the charge to the permitted Umit and (by any sume already collected front
me.which oxteeded permutied limits will he nefinded to me. The Nate Holder may choose to make this relund by reducing the
Princial
Towe waler thi Note or by tekieg odirect pavement tn mec
Hf a reflued reduons Princitel, the Raluction acll be ceed
ae-@ partial Prepayriens.
6,BORROWER'S FAILURE TO FAY 45 REQUIBED
fA} Late Charge for Oherdag Payments
ifthe Note Holler has sot reneived the fall amuunt of anyominthly payment by the end of
14 calendar days
afler the date if bedue, 1 sill pay a bite charge to thie Now Nolder. The ancunt of the charge will be
Sp Soa
my overdue payment wf interest andlor principal and leterest: | willpay thie inte charee promptly bur only once on each date
payrecrd,
(8) Default
ifdo nee pay the fall amount of cach montily paymient.as the date Mis due,
Dowull bein defaule,
aC} Native of Tnefaett
i Cam in deftult, the Note Holder may.send ime @ writer nelice telling me thet if Pde wotpay the oventve amount bya
eontain date, the Not Holder gay tiquire miedo pay imoidictely the Ail aengent-of Principal which hus sot been paid and all
the interes that | owes. on thet amoent: That dite eat beat lege NY days after che dute-on which the sollceds mulled to me-or
deliverad by other pans.
if} Ne Wateer By Note Helder
Even Hl at a tine when | amin default, the Note Holder dees aot require me to pay immediately in full as described
above, te Note Holger will sll hee the right te dese if
Lani defaudiat adater tees,
{E) Payment af Now Hehie's Cusis and Expenses
if die Note Mokke bas regard nie 0) pay immediately in full as described shows, the Nate Holderodil have He right to
be paid hick by ome for all of tis cnsis and expenses in enfcecing this Nite to the extent not probihied by applicable law. Those
ekperts dnclude: for sears, reasoubbe deterneve” fees
2.GIVING OF NOTICES
Unless applicable la requires a different inethad, any notice that must be given tome under ahis Nate will be given by
dalweringor by onalling if by first clade pall to oie at the Property Address above ov ata different address if L ghee the Nome
Holder a notice of my different address,
Any notice that must he given tothe Noct Holder wider dis Mew will he gies by delivering ft on by mailing ir by flest
cise Mel to the Neve Hodder arihe abirese shvted mm Section NAS shove or at a diferent acidress WE at given a notice of that
dvlvent address
& GBLIGATIONS GF PERSONS UNDER THIS NOTE
iP more than ong peruie siges tie Mole each persui igdully aul iereonall yabligned ix Keep all of the geomises made in
thi Nota, inctading the promise to pay the full amount awed. Any person whouds # guarantor, suret or endorat of this Note 16
aso obligated to do these things. Avy person who takes ver those obligations, including the obligations o's guatantor, sarcty
an endorser of this Note. is also ubligated to kien all ofthe promises made inthia Note. The Net Halder may enforce ine righes
afuley this Mote agains egek persis individually or against all of wa together. This means thatuny one of as miy be vequintid te
poy wl ofthe sowuate owed vader hw Note.
.BIORPYotig soyee? pie.
Fone 9275.98 4197
' * ag
a. WAIVERS
Lasd-eny other person who hat obliggions ucder ih Bric wailed the cighte of Presenteent and Notes of Dishonde
“Prosehtnigid” means ube fightid required the Nole Molde so demand pasmenl dfaewunts due Notice of Othe” mean the
right Wy require ihe Note Holderte give nomte to cher persons ther amoonte- duc have wot been. paid,
19,UNIFORM SECURED NOTE
Phils Nove de. uations instumentowlity limited variations in some javisdigtiony in addition w the protections given ts the
Note Holder under thie Note, ¢ Morizaye Decl af Treat, or Seourity Deol tthe “Senuciy learament’), dated thesumie dite ag
this Note, protects che Note Holder from privsthic losses which night reuult (f° 7 de not keep, thé promvices which | make in this
Nose.
That Security Instrurnert describes show and under whnt-conditians T may be required a nadie immediate nayment in-fall
oft gaunt d owe weder this Notes Sotne af those conditines are described ay follows:
Ho or ae part afbe Property or any daterestun the Proportyis sold ov ifansfertead Gu if Borrower is
sot § natural person and a beneficial interest ay Bacnwwer is aold or trensierred) without Lender's price written
gengent,
Lemder may requis imentdiats teymer? ig full af al seem seared by thes Receriy
Inctrareeit,
Howaver, this aplim shail aot be exercised oy Lender if sack exertiec is prohibued by Apphicable Law.
WP Lentior cactolaes this option, Lender shell give Harrower police: of acceleration.
The notes shall
provides pacad of aor les then i diys tems the date the wadice is given. in acterdence wah Section’ 14
wilhin which Hetrower must pay sll sume-cacured by this Securine insirament
1f Gorrawer file in pay these
sume pri ig fhe expiration af tue pected,
Lender may ineake dey ooiedias permitted by dhis Securay :
instrument aithout forther notice or demead an Rorrewer:
1h.DOCUMENTARY TAX :
The sie documenterytax due.on this Now hay heen paid an thw mortgage awuring this mlebiedness,
:
WITNESS THE (MANDI?) AND SEALS) OF THE UNTER SRINED.
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EXHIBIT “B”
File #.2008029217,. OR BR 2770 Page 39, Reenrded O4/27/2006-at 01:49 PM,
Hareld Bagzel, Clark Bay County. Flercida Doo M: $291.20 Int. Tax Slée.24
Deputy Clerk OW Trang # 7146380
. P
Renn Te: ;
AMBERICAN MORTOAGE BETWORK,
INC. E
®. DO.BOK of407 :
SAN DIEGO,CALIFORNIA P2184 i
This document was prepared by: :
RELLY MADOOS :
; §Pits Line BurRecordingTatil oeise rnenocnedienotemen tinen iteninent
MORTGAGE LOAM SC. geeemiiebed
E
:
MIN PQULILSHZUSOTAL SA LS
DEEDITIONS
Wards eaed da auleiple sections of dis docament are defined below and other words: are defined in
F
Seetiow So 14, Tas FRY 2oand 21. Certain rules regarding the usage of words used i this document ard
aise provided in Section 16. i
iA) Mleeurtiy Detrament™ means this dewument, which is dated
APRIL 29.2008 4 :
daigither with all Riders t this decument,
OB) Rorraper” is :
SEOITH HOECINS,AN URMARE TRO
NOMAN 5
Barrower is the motigagor unter this Security Invirinnent, :
iCy “MERS® is Morigage Electronic Repietration Systems, fie, (MERS is @ separate corporation that is
§
acting selely as a nomined for. Lander and Lender's miccessors and msigns,
MENS te she mertgagec E
wader this Secerity fistrament MERS is organized and existing ander the laws of Delaware, and hes ax
aiidresh wad telephone camber ofFO) Bas 2020, Flint, Ml 4b S01 2026, ccf (OES) SAPMERS.
:
40) Sander a5,
PNUET MORTGAGE,INC...
SSA AMERICAN MORTGAGE NETWORK OF
FLORIOA °
PLRBRDA Single RarcilyRaratie @tae/Prechiie Std UNPOR INSTRUMENT ATH MER
Form 3648° TG
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y fi
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Ledeie -CornboRariow :
orgunieed wad cabeing auder the leeeof
THE STATEOF OR CAWARE :
Lender's address is
PO. BOX 8483) SAN DIEGO,CA 92286 :
tE) “Mote” nisans dhe promissory nore aigenl by Borroeay and dated
APBIG 20,2006 : :
‘The Note stites that Burrower owes Leiniy
«EIGHTY THREE THOUSAND ONE HUNDRED i
TRENTY ANDony ics Pollecs :
(PSs 83,320 40 J phic interest. Borrower bes promised ta pay this debi Ie-veguler Periodic
:
Paymentaand te pay theclebt in full not later then
MAY OL,2006 F i
4F) *Property” mwens the property: that ie desaribed beliw under.the heading *Toansler.af Raghts in the
:
Property.“ :
{G) “Loan” means the debt evidenced by the Note, plox interest, any prepayinent charges and late charges
:
ihue under the Note, and all sume duc umler thus Security Instemtient, pli interest.
:
dH) "Ridery” seane all Riders to ie Recosiny lemon! that are execuked by Harrower ‘The diewing
:
Preview
Filing # 128901287 E-Filed 06/16/2021 04:27:54 PM IN THE CIRCUIT COURT FOR THE FOURTEENTH JUDICIAL CIRCUIT EIN AND FOR BAY COUNTY, FLORIDA CIRCUIT CIVIL DIVISION THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE CASE NO.: 19004416CA FOR THE CERTIFICATEHOLDERS CWALT, INC., ALTERNATIVE LOAN TRUST 2006- 18CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-18CB Plaintiff(s), vs. UNKNOWN HEIRS, BENEFICIARIES, i DEVISEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES AND ALL OTHERS WHO MAY CLAIM AN INTEREST IN THE ESTATE OF JUDITH HOPKINS; HAROLD TERRY GLASS; MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC, ACTING | SOLELY AS NOMINEE FOR AMNET | MORTGAGE, INC, DBA AMERICAN MORTGAGENETWORKOFFLORIDA; Defendani(s). / | i AFFIDAVIT OF INDEBTEDNESS BEFORE ME personally appeared Mary Cocheu ,being first duly sworn under oath, who deposes and states as follows 1. I am an employee of NEWREZ LLC F/K/A NEW PENN FINANCIAL, LLC d/b/a SHELLPOINT MORTGAGE SERVICING as attorney in fact for Plaintiff,THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC., ALTERNATIVE LOAN TRUST 2006- TDP File No. 20-028821 18CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-18CB, with access to certain business records as more fully identified herein, and it is within my job duties to be familiar with the manner and method in which the business records are maintained in the ordinary course of business, My familiarity comes from my employment experiences, knowledge and awareness of the business policies and practices of my Employer. The books and business records are kept and managed in the ordinary course ofregularly conducted business by employees whose duty it is to keep the books | and business NEWREZ records LLC accurately F/K/A NEW and PENN completely, and FINANCIAL, itis the LLC established d/b/a practice SHELLPOINT of : MORTGAGE SERVICING, as Servicerto record eacheventoritem at ornearthetime | , of the event or item so noted. These records consist of electronic and paper records and | include information related to payments on loans, as well as collateralloan documents | such as mortgage, notes, name documents, and other related items. | 2, I have reviewed electronic copies of the “Note” and “Mortgage” which are the subject of | this action and my review indicates that on or about April 20, 2006, Judith Hopkins | executed and delivered a Note in favor of AMNET Mortgage, Inc. d/b/a America | Mortgage Network of Florida and Mortgage in favor of Mortgage Electronic Registration Systems, Inc. as nominee for AMNET Mortgage, Inc. d/b/a American Mortgage Network of Florida, it'ssuccessors and assigns, which subsequently assigned to THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC., ALTERNATIVE LOAN TRUST 2006-18CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-18CB. Plaintiff orits predecessor had actual copy of the Note, and Mortgage, and Plaintiff or its predecessor TDP File No. 20-028821 acquired its interest prior to the institution of the foreclosure proceeding. NEWREZ LLC F/K/A NEW PENN FINANCIAL, LLC d/b/a SHELLPOINT MORTGAGE SERVICING is authorized servicer of the loan and has authority to collect payments and pursue legal proceedings, among other things, pursuant to the Power of Attorney attached hereto. True and correct copy of the Note (Exhibit “A”), mortgage (Exhibit “B”), assignment(s) of mortgage (Exhibit “C”) and power of attorney (Exhibit “D”’) are attached hereto. 3. That there has been a default under the terms of the Note and Mortgage due to a failure to make the note and mortgage payment due on February 1, 2019, and all subsequent payments. NEWREZ LLC F/K/A NEW PENN FINANCIAL, LLC d/b/a SHELLPOINT MORTGAGE SERVICING elected to accelerate the loan payments and therefore the full | amount is due and payable. A true and correct copy of the payment history as maintained | in the electronic records ofNEWREZ LLC F/K/ANEW PENN FINANCIAL, LLC d/b/a | SHELLPOINTMORTGAGE SERVICING is attachedhereto as Exhibit “E”. | .| 4, Anotice ofdefault was provided to the Defendant(s) in a manner as required by the terms | of the mortgage prior io instituting this legal action; and an imaged copy is maintained in | the business records of NEWREZ LLC F/K/A NEW PENN FINANCIAL, LLC d/b/a | SHELLPOINT MORTGAGE SERVICING, a true and correct copy is attached hereto as Exhibit “F”, 5. That the following amounts are currently due and owing as of April 16, 2021: | Unpaid Principal Balance: $31,699,22 Acctued interest from 01/01/2019 to 04/16/2021 at the per diem rate of $14.55; $12,166.82 BPO/Appraisal: $8.50 Property Inspection: $438.00 TDP File No, 20-028821 Foreclosure Trustee: $2,870.00 Lawn Maintenance: $320.60 Securing: $320.00 Winterization: $100.00 Adv/Publishing: $798.76 Process Server: $215.00 Attorney Fees and Costs: $2,864.58 EscrowTaxes: Advance: $920.90 | Beginning Balance: $170.09 | Total Escrow Advance: $1,090.99 TOTAL DUE AND OWING: $102,891.87 6. By virtue of Defendants failure to pay said sums when due, the Plaintiff has been compelled to employ the services of Padgett Law Group and is obligated to it for the payment of a reasonable attorney's fee and has additionally incurred the costs of this action. Plaintiff expects to incur additional costs to record a Final Judgment, publish a | Notice of Sale, secure the home, insure the home, and advance any escrow payments as | necessary to pay property taxes, insurance, or other related costs to protect and preserve , i the collateral. | 7. That a true and correct copy of the payoff statement is attached hereto as Exhibit “G”, 8. Based upon the fee agreement with Plaintiffs counsel, the full fee is not paid upon completion of the foreclosure. Accordingly, the full attorney fee as reflected in this affidavit has not been paid but pursuant to the fee arrangement, the full amount as reflected herein will be paid upon completion of the foreclosure and the Plaintiff is obligated to pay this amount. The foregoing facts are true and correct to the best of affiant's knowledge and belief and if TDP File No. 20-028821 called upon to appear.as a witness, Afflant could, and would, testify competently thereto. FURTHER AFFIANT SAVETH NAUGHT. DATED thisthe 3rd dayof_June, 2021. NEWREZ.LLC F/K/A NEW PENN FINANCIAL, LLC d/b/a SHELLPOINT MORTGAGE SERVICING, as attorney in fact for Plaintiff, THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE POR THE CERTIFICATEHOLDERS CWALT, INC,, ALTERNATIVE LOAN TRUST 2006-18CB, MORTGAGE PASS-THROUGH CERTIFICATES, ftSERIES(be8CB 7 aig bofytA y Date:nef Printed Name: et Mary Cocheu Title: Foreclosure Supervisor STATE OF TEXAS COUNTY OF HARRIS The foregoing instrument was acknowledged before me, by means of & physical presence or online notarization, this foedaue SV PCL 4 day ofJune ,2021, byWAAC 4! fy nel. as Gifor NEWREZ LLC F/K/A NEW PENN FINANCIAL, LLC d/b/a SHELLPOINT MORTGAGE SERVICING, as attorney in fact for Plaintiff, THE BANK OF NEW YORK MELLON FRA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, UNC., ALTERNATIVE LOAN TRUST 2006-18CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-18CB Said person.is personally know to me or produced sufficient identification in the form offOr p Notary Signature: a Cu Printed Name: (e_Amboer WnaG Notary State: i's ae . CommissionExp: "6 212}? a _ a I sciliizy, MELANIE AMBER LENA CASE |f | Soe" 7h See Notary Public, Stete of Texas] | || Gre “aie Comm. Expires192417528 Notary 10 03-26-2024 4 TOP File No. 20-2882! EXHIBIT “A” * oe InterestFirst" NOTE LOAN NO. BIN: sesassacsaene RQULY Loe sooo eee wa bn oS APRIL 20, 2008 BARAMA CITY PUGRIDA [met iy] (okt #20 PEBMIER DELVE BARAMA CLTY,POORTDA, 22404 Tropery Addenial tL. BORROWER'S PROMISE 76 PAY is Fetorn dir Joan thar T heve mceived, Dereiniee te peed S08 G2. 220.09(ihisuineunt tecalled “Primigal” ), plus mMiersst, io the onder of the Lender, The Lender is ARNET MNONTOAGE, INC. .- RBA BMBRICAN MORTGAGE NETWORK GFFLORIDA will roake-all payments underthis Note. in the dorty of cosh, check or money order. YT aviderstand ‘that the Leniler may Gansta’ this Note. The header er anyones who takes this Note by transfiy and whe is entitled toreceive payments wider this Note ecalled the “Note Helder.” 2 EIST EREST. interest. will be charged ow unpaid principal until the full amount of Principal hes been paid, d-will pay interest at @ yearly sate ot #900 . Vie Genet rane reguised bythe Section Dis the vate T vdll ney heth belive and after any ciefiall deueriien) in Goction AB) ohihe Note, a.PAYMENTS fA} Time and Place of Payments bunll make a payment every month Thin payment adil befor interest only foe the first BO dwme#ths, and then will const of priboipal and interest, Lavill make niy monthly payment wn the LST day of exch monty hegitning on SURE.O1) 2606 01 will yaake these payments every month until | have pale all of ihe Principal and interest abd uny other cherges descrihed below that 1 mey-owe wader ihic Kote, Each monthly payment will be applied aval ve scheduled due date, aad i ihe payne includes bath principal and ieteresr it will he spgdied to intereat hedhice’ Prineapal NH) on RAY OL, 2088 2 bent pwe armunts under (his Note, Twill pay foes seocinita ce fall cov eat dete, whieh is cafiad the “Maturity Dale.” badibviake my monthly payments at PO 0. BOM 89908, ATYN: SASHIER'S DEST. SAR DERG OA S22 R86 erat a diferent place if required by dhe Note Holder (8) Amount of Monthly Payments: My oonthly payment will be ur dhe amount af U6. 9 $80.23 forthe fies156 monhiof this Nor, and thereatine will be in Gir amounoar US. 9 FS4.07 The Note diaider wil natily me gnurda the dete of change in monthly payment. 4,BORROWER'S RIGHT TO PREPAY ; i have the tight to make payments of Principal arany time belorea they we due oA paytnent of Principal only ie knows ae "Prepayment" Whaw Uimabea Prepaydient, | will ail the Note Holder in writing that Camoedoing so. P moy not designate ¢ payment es a Peopayment if| have gaun-made allibe monthly peymmnte doe under the Mate. famay rakes full Prepevinent.of partial Prepayments without payide a Prepayment charge The Note Hoblér will nee ay Propayiients i redued thé ameoadt of Piiecipal that f owe uader this Nowe Howdver, the Note Holder may apply iny. Prepayment thé uoccied and unpaid interest. on the. Prepaywient amouni, before applying miy Prepayment te codices. the Peincipal-amountof the Note. 11 oucke « pertial Prepayment, tere will bo ng changes Inthe duc dete aly monitly payment FLOMOA interme fist PRED RATE NOTE-Singlx Parcity- Fannie Mae UNIFORM IRGTRUMENT bs aia pau Form S204.40 404 een fe gk Cg (Um Wa Oka RABba CEECORES SEES Bag ted 7 . SUOFE Hday NE OU AOU AG i GDL nee i ge seeaere vs PEERLESS L Ee A ag y‘ Tt aah as : i \ a heai unless the Mole Holder agrens in writing io those changes. However, ihe partial Prepayment is made during the period svhon ey ientbly patients ainsi anlyof peres! “the amunt al dhe sortie peement wil! deorense fir the remaiader ad dhe tert wher my gaymenig cansist only of iMerest as well ay during the time thaomy payments consist aff principal and interest. 1f the paral Propeymont is made duting the period when ny payments consist-of principal_and inierest, the aniount af-my monthly payment wil not decrease, hoawivery the principal and the interest required under this Note will Be paid prior cs the Manuriy Das. & LOAN CHARGES Ifa low, -whith applies ta this dour and. «hich sete maximum lode vharecs, is Rasthy interpretad se that the interest or other foan charges colleciad aria be collected in cennection wilbthis loan-oxcead the permitted Himits, dhen! {a} apy such lean charge shall be reduced bycthie antount necesancte raduee the charge to the permitted Umit and (by any sume already collected front me.which oxteeded permutied limits will he nefinded to me. The Nate Holder may choose to make this relund by reducing the Princial Towe waler thi Note or by tekieg odirect pavement tn mec Hf a reflued reduons Princitel, the Raluction acll be ceed ae-@ partial Prepayriens. 6,BORROWER'S FAILURE TO FAY 45 REQUIBED fA} Late Charge for Oherdag Payments ifthe Note Holler has sot reneived the fall amuunt of anyominthly payment by the end of 14 calendar days afler the date if bedue, 1 sill pay a bite charge to thie Now Nolder. The ancunt of the charge will be Sp Soa my overdue payment wf interest andlor principal and leterest: | willpay thie inte charee promptly bur only once on each date payrecrd, (8) Default ifdo nee pay the fall amount of cach montily paymient.as the date Mis due, Dowull bein defaule, aC} Native of Tnefaett i Cam in deftult, the Note Holder may.send ime @ writer nelice telling me thet if Pde wotpay the oventve amount bya eontain date, the Not Holder gay tiquire miedo pay imoidictely the Ail aengent-of Principal which hus sot been paid and all the interes that | owes. on thet amoent: That dite eat beat lege NY days after che dute-on which the sollceds mulled to me-or deliverad by other pans. if} Ne Wateer By Note Helder Even Hl at a tine when | amin default, the Note Holder dees aot require me to pay immediately in full as described above, te Note Holger will sll hee the right te dese if Lani defaudiat adater tees, {E) Payment af Now Hehie's Cusis and Expenses if die Note Mokke bas regard nie 0) pay immediately in full as described shows, the Nate Holderodil have He right to be paid hick by ome for all of tis cnsis and expenses in enfcecing this Nite to the extent not probihied by applicable law. Those ekperts dnclude: for sears, reasoubbe deterneve” fees 2.GIVING OF NOTICES Unless applicable la requires a different inethad, any notice that must be given tome under ahis Nate will be given by dalweringor by onalling if by first clade pall to oie at the Property Address above ov ata different address if L ghee the Nome Holder a notice of my different address, Any notice that must he given tothe Noct Holder wider dis Mew will he gies by delivering ft on by mailing ir by flest cise Mel to the Neve Hodder arihe abirese shvted mm Section NAS shove or at a diferent acidress WE at given a notice of that dvlvent address & GBLIGATIONS GF PERSONS UNDER THIS NOTE iP more than ong peruie siges tie Mole each persui igdully aul iereonall yabligned ix Keep all of the geomises made in thi Nota, inctading the promise to pay the full amount awed. Any person whouds # guarantor, suret or endorat of this Note 16 aso obligated to do these things. Avy person who takes ver those obligations, including the obligations o's guatantor, sarcty an endorser of this Note. is also ubligated to kien all ofthe promises made inthia Note. The Net Halder may enforce ine righes afuley this Mote agains egek persis individually or against all of wa together. This means thatuny one of as miy be vequintid te poy wl ofthe sowuate owed vader hw Note. .BIORPYotig soyee? pie. Fone 9275.98 4197 ' * ag a. WAIVERS Lasd-eny other person who hat obliggions ucder ih Bric wailed the cighte of Presenteent and Notes of Dishonde “Prosehtnigid” means ube fightid required the Nole Molde so demand pasmenl dfaewunts due Notice of Othe” mean the right Wy require ihe Note Holderte give nomte to cher persons ther amoonte- duc have wot been. paid, 19,UNIFORM SECURED NOTE Phils Nove de. uations instumentowlity limited variations in some javisdigtiony in addition w the protections given ts the Note Holder under thie Note, ¢ Morizaye Decl af Treat, or Seourity Deol tthe “Senuciy learament’), dated thesumie dite ag this Note, protects che Note Holder from privsthic losses which night reuult (f° 7 de not keep, thé promvices which | make in this Nose. That Security Instrurnert describes show and under whnt-conditians T may be required a nadie immediate nayment in-fall oft gaunt d owe weder this Notes Sotne af those conditines are described ay follows: Ho or ae part afbe Property or any daterestun the Proportyis sold ov ifansfertead Gu if Borrower is sot § natural person and a beneficial interest ay Bacnwwer is aold or trensierred) without Lender's price written gengent, Lemder may requis imentdiats teymer? ig full af al seem seared by thes Receriy Inctrareeit, Howaver, this aplim shail aot be exercised oy Lender if sack exertiec is prohibued by Apphicable Law. WP Lentior cactolaes this option, Lender shell give Harrower police: of acceleration. The notes shall provides pacad of aor les then i diys tems the date the wadice is given. in acterdence wah Section’ 14 wilhin which Hetrower must pay sll sume-cacured by this Securine insirament 1f Gorrawer file in pay these sume pri ig fhe expiration af tue pected, Lender may ineake dey ooiedias permitted by dhis Securay : instrument aithout forther notice or demead an Rorrewer: 1h.DOCUMENTARY TAX : The sie documenterytax due.on this Now hay heen paid an thw mortgage awuring this mlebiedness, : WITNESS THE (MANDI?) AND SEALS) OF THE UNTER SRINED. ee ¢ oy ge € Fi' centi(Seal Eaves & SOITHeeLea ral BOP IES" Naga ee EER Co, 3 Seat) Sbovisiover : onan sesuenesennnnenneanunnercivensemiccinnsmvusnsammmioiieiat BEBE 5 in ines einmmneneenitntineenabinttntn matinee (EET i dere Begrineite : nent annneinin nme nrnennssn tnt iti sconceREE 1st nnn namoiamnistuineonienninsneetitaritanpnenitens (SEED i “Beare ewily Borreany uceevitetsaqevoenenacine nance nna eecsnetinsieepainin cneeei A REY “came ermmacnsinnnienabnncmnanasine tennerniininbiaitnticisoneennaneent LARA} Sicrower Beerper Poy toe 4 (Sign Griginal Daley “sascitesinoonamponsiteioncaibnianadeesenna ec wa Witteat Resource ‘With! Recgeree ‘ a° ideBank, WA. Couoywrie Home Loa, By:s Kaus if Piideh Dev: Mates Laurie Mader, SuF (i. Sete CB! 29PFBirGlos Bett ¢ pope, Beasbe 38,Ne * Span ae ag8 ghia dee Roem S272.18 14 wae. eld Mates : BEEP ewonca rg OR PPOE eta FRE eS; PPL pe thee ay * AN Beny Leta gan Bae io pe OCA of saan 10d | apeagener cryrny J mE ear (FT ry yas aphasiale queenSeegay oy BEOLOHY nese aqe BNEV sag ghoses HOA, oy eee SITES ajoaapae amp09 68d | EXHIBIT “B” File #.2008029217,. OR BR 2770 Page 39, Reenrded O4/27/2006-at 01:49 PM, Hareld Bagzel, Clark Bay County. Flercida Doo M: $291.20 Int. Tax Slée.24 Deputy Clerk OW Trang # 7146380 . P Renn Te: ; AMBERICAN MORTOAGE BETWORK, INC. E ®. DO.BOK of407 : SAN DIEGO,CALIFORNIA P2184 i This document was prepared by: : RELLY MADOOS : ; §Pits Line BurRecordingTatil oeise rnenocnedienotemen tinen iteninent MORTGAGE LOAM SC. geeemiiebed E : MIN PQULILSHZUSOTAL SA LS DEEDITIONS Wards eaed da auleiple sections of dis docament are defined below and other words: are defined in F Seetiow So 14, Tas FRY 2oand 21. Certain rules regarding the usage of words used i this document ard aise provided in Section 16. i iA) Mleeurtiy Detrament™ means this dewument, which is dated APRIL 29.2008 4 : daigither with all Riders t this decument, OB) Rorraper” is : SEOITH HOECINS,AN URMARE TRO NOMAN 5 Barrower is the motigagor unter this Security Invirinnent, : iCy “MERS® is Morigage Electronic Repietration Systems, fie, (MERS is @ separate corporation that is § acting selely as a nomined for. Lander and Lender's miccessors and msigns, MENS te she mertgagec E wader this Secerity fistrament MERS is organized and existing ander the laws of Delaware, and hes ax aiidresh wad telephone camber ofFO) Bas 2020, Flint, Ml 4b S01 2026, ccf (OES) SAPMERS. : 40) Sander a5, PNUET MORTGAGE,INC... SSA AMERICAN MORTGAGE NETWORK OF FLORIOA ° PLRBRDA Single RarcilyRaratie @tae/Prechiie Std UNPOR INSTRUMENT ATH MER Form 3648° TG SR ear con ; ies neei eee pe aie Homteananmees eal hiiaes A cps ! : .938h Hon ftehe Gearon Page Usd VP Reichel By angetiljoses, Panted 2 2hS 328 Dee PLROrE Seas OB BK: S77O BG. 46 y fi i : i Ledeie -CornboRariow : orgunieed wad cabeing auder the leeeof THE STATEOF OR CAWARE : Lender's address is PO. BOX 8483) SAN DIEGO,CA 92286 : tE) “Mote” nisans dhe promissory nore aigenl by Borroeay and dated APBIG 20,2006 : : ‘The Note stites that Burrower owes Leiniy «EIGHTY THREE THOUSAND ONE HUNDRED i TRENTY ANDony ics Pollecs : (PSs 83,320 40 J phic interest. Borrower bes promised ta pay this debi Ie-veguler Periodic : Paymentaand te pay theclebt in full not later then MAY OL,2006 F i 4F) *Property” mwens the property: that ie desaribed beliw under.the heading *Toansler.af Raghts in the : Property.“ : {G) “Loan” means the debt evidenced by the Note, plox interest, any prepayinent charges and late charges : ihue under the Note, and all sume duc umler thus Security Instemtient, pli interest. : dH) "Ridery” seane all Riders to ie Recosiny lemon! that are execuked by Harrower ‘The diewing :