Preview
Filing # 85428938 E-Filed 02/25/2019 12:14:51 PM
IN THE CIRCUIT COURT OF THE
reth WINTATAT ATDATITT INI ANT EAD
1D JUUIUIAL UU UN Aa Pun
PALM BEACH COUNTY, FLORIDA
Case No.: 50-2017-CA-013348-XXXX-MB (AD)
6654 NW 27 AVENUE LLC, a Florida limited liability company,
Plaintiff,
ve
PINCUS CAPITAL LLC, a Delaware limited liability company,
and MARK BENUN, an individual,
Defendants.
/
PLAINTIFF’S MOTION FOR EXPEDITED HEARING
The Plaintiff, 6654 NW 27 AVENUE, LLC (“6654”), by and through its undersigned
attorneys, moves the court for an expedited hearing on its Motion for Leave to Conduct Expedited
Video Inspection of Property against the Defendants, PINCUS CAPITAL LLC (“Pincus”) and
MARK BENUN (“Benun”) (collectively, the Defendants), and as grounds therefor states:!
1. On December 8, 2017, 6654 filed its Verified Complaint to Foreclose Mortgage
and Enforce Note (the “Complaint”) wherein it sought enforcement of a Promissory Note (the
“Note”) executed and delivered by the Defendants, as borrowers, in the principal sum of
$250,000.00 in favor of 6654, as lender, and foreclosure of a Mortgage and Security Agreement
(the “Morigage”) executed by Pincus, as mortgagor, securing the payment of the Note to 6654.2
' 6654 acknowledges that, on February 13, 2019, the court entered its Order on Case
Management Conference wherein it ordered that all motions that require special set court time be
heard between April 9 and May 31, 2019, and that, on February 20, 2019, the parties filed their
Joint Report regarding their availability to attend special set hearings during that time period. As
of this date, the court has not advised the parties of a date for their pending motions to be heard.
Nevertheless, as set forth herein, 6654°s Motion for Leave to Conduct Expedited Video
Inspection of Proverty requires an expedited hearing well before April 9, 2019.
? Copies of the Note and Mortgage were attached to the Complaint as Exhibits “A” and “B,”
respectively.
CUCM. DAIMRCACURAIINTY Cl CHADAN D RACY FILED A9INEINNAD 19.44.54 DN
Pn. PAU DLAI BUI, PL, QIAN. DUUN, ULLIAN, Ueizuieulg 12.1 iv2. The Mortgage mortgaged the Property,? more particularly described therein, then
owned by and in possession of Pincus.
3. Under the express terms of the Mortgage, the Defendants were required to obtain
and maintain comprehensive general liability insurance on the Property.‘ However, the
n.~ wm insen Entlnd ta annven fnanennna an tha Dennarty and ac a racult KASA ic ceskina ta
Dereidans Have fauca tG Secure insurance On the Property and, as a result, C654 IS setx
obtain force-placed insurance on the Property.
4. On February 19, 2019, 6654 filed its Request for Entry Upon Property for
Purpose of Video Inspection, wherein it requested that the Defendants permit it entry upon the
Property within thirty (30) days of the date of service of the request.
5. However, contemporaneously with the filing of this motion, 6654 filed its Motion
for Leave to Conduct Expedited Video Inspection of Property (the “Motion for Expedited
ign”) wherein it requested that the court enter an order granting it leave to inspect the
on,
Property on an expedited basis for the purpose of conducting a video inspection and obtaining
force-placed insurance. A copy of the Motion for Expedited Inspection, with all exhibits, is
attached hereto as Exhibit “A” and its contents are fully incorporated herein by this reference.
6. As described in the Motion for Expedited Inspection, in order to obtain the force-
placed insurance, 6654, along with the its insurance carrier, representatives and attorneys, will
need to gain entry upon the Property for the purpose of conducting a video inspection.
3 The Property is more particularly described as Lot 5, The Banyans of Arvida Country Club,
P.U.D., according to the Plat thereof, as recorded in Plat Book 62, page 21, of the Public Records
of Palm Beach County, Florida, and has a street address of 6654 NW a7 Avenue, Boca Raton,
FL.
2 Copies of the Noie and Morigage were aiiacned io ine Compiaiit a8 Ext
respectively.
4 See Mortgage {| 1.5(a)-(c).7 Moreover, in addition to the Defendants’ failure to obtain insurance as required
by the Mortgage, Benun has repeatedly threatened to cause damage and destruction to the
Property. Consequently, the currently uninsured Property is in imminent danger of being
destroyed or damaged at the hands of Benun.
° The Nalewdnntn? fntleen bn sea tha Dennasty aomlad with Ranun’e ananing
oO. THe DeeiUaS laure 16 mSuIe Ue A TOpery Coupee Wink Genus Ongoing
threats to cause damage to the Property necessitate that 6654 obtain fore-placed insurance on the
Property immediately and, for that reason, require an expedited inspection of the Property.
9. Given these circumstances and the ongoing threat of imminent harm to 6654, this
case is certainly one where “justice delayed is justice denied.” Ven-Mar of Indian River, Inc. v.
Turner, 614 So. 2d 684 (Fla. 5“ DCA 1993) (Dauksch, J., dissenting); Ritter v. Dep't of Children
and Family Services, 700 So. 2d 804 (Fla. 5“ DCA 1997) (Harris, J., concurring) (“It should be
the hichect
te anpieoe
f averv indoe to to see the iustice of the canse and, pursnant to the law and
pie tee Bet
the evidence, expeditiously achieve it. ‘Justice delayed is justice denied’ is not merely a slogan;
it is a life truism.”).
WHEREFORE, the Plaintiff requests that the court set an expedited hearing on its Motion
for Leave to Conduct Expedited Video Inspection of Property and grant such other and further
relief as the court deems just and proper.CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been served via email on Stuart
J. Zoberg, Esq., [szoberg@shirlawgroup.com] [office@shirlawgroup.com], Shir Law Group,
P.A., Attorneys for Pincus Capital LLC and Mark Benun, 1800 NW Corporate Blvd., Suite 200,
Daan Datan BT 22491 Vathaving CO Nealalle Bon UMrnuaballoA@eandallbenaar nam] Andraw
DUCA NAOH, FL J94I1, Katherine C. Nuckons, 5G.) [RHUCKOMSUuranUGUInI GEE COL), CAnmuret
G. Elliott, Esq., [aelliott@randallkroger.com] [marie@randallkroger.com], Randall K. Roger &
Associates, P.A., Attorneys for Country Club Maintenance Association, Inc., 621 NW. 53" Street,
Suite 300, Boca Raton, Florida 33487, on this wu day of February, 2019.
SHAPIRO, FISHMAN & GACHE, LLP
Attorneys for the Plaintiff
2424 North Federal Highway, Suite 360
Boca Raton, Florida 33431
(561) 287-5599 (phone)
(561) 287-5589 (fax)
Ronald M. Gaché, Esq.
Florida Bar No. 699306
rgache@logs.com
Scott A. Simon, Esa.
Florida Bar No. 0088676
ssimon@logs.comFiling # 85424985 E-Filed 02/25/2019 11:42:35 AM
IN THE CIRCUIT COURT GF THE
15® JUDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA
Case No.: 50-2017-CA-013348-KXXX-MB (AD)
6654 NW 27 AVENUE LLC, a Florida limited liability company,
Plaintiff,
v.
PINCUS CAPITAL LLC, a Delaware limited liability company,
and MARK BENUN, an individual,
Defendants.
/
PLAINTIFF'S, 6654 NW 27 AVENUE, LLC, MOTION FOR LEAVE
TO CONDUCT EXPEDITED VIDE! [SPE OF PROPER’
The Plaintiff, 6654 NW 27 AVENUE, LLC (“6654”), hereby moves this court for the
entry nf an nrdor arantina it leave ta antar man tha nennacty (tha UDennart Al in naccassina ne
SOMY Os Gn CIGer granung as awave vO Cher upon wie propeiy (ule aiupery 7 lil pussussium OF
control of the Defendants, PINCUS CAPITAL LLC (“Pincus”) and MARK BENUN (“Benun”)
(collectively, the “Defendants”), on an expedited basis, for the purpose of conducting a video
inspection and obtaining force-placed insurance, and as grounds therefor states:
L On December 8, 2017, 6654 filed its Verified Complaint to Foreclose Mortgage
and Enforce Note (the “Complaint”) wherein it sought enforcement of a Promissory Note (the
“Note”) executed and delivered by the Defendants, as borrowers, in the principal sum of
' The Property is more particularly described as Lot 5, The Banyans of Arvida Country Club,
Pi Us D. » aocording to the ‘Plat thereof, a as recorded i in Plat Book 62, Page 21, of the Public Records
of Pain Beacn Coumty, Florida, and nas a street address of 6054 NW 27" Avenue, Boca Raion,
FL.
EXHIBIT
i_A$250, G00. oo in iavor oT 0054, as lenaer, ana foreciosure ao a Morgage aaa Soourity Agreement
(the “Mortgage”) executed by Pincus, as mortgagor, securing the payment of the Note to 66542
2.
The Mortgage mortgaged the Property, more particularly described therein, then
owned by and in possession of Pincus.
3.
Under the express terms of the Mortgage, the Defendants were required to obtain
and maintain comprehensive general liability insurance on the Property. Specifically, the
Mortgage provided that:
2m... w£
Mortgagor shall at its sole expense obtain for delivery to, and maintain for the
benefit of, Mortgage during the life of the Mortgage, comprehensive general
liability insurance in such amounts and for such periods as Mortgagee may
require...Mortgagor shall pay promptly, when due, any premiums on the
insurance policy and renewals. (See Mortgage {| 1.5(a)).
Mortgagor shall keep the Mortgaged Property and the improvements now existing
or hereafter erected on the Mortgaged Property insured against loss by fire and
athar hagaede anenaltian and anntinnanatan fnalndian but nat Henitad tr
Uulet mazaius, CasuaIUSS GU CULNIBCILINS, INUIUUIE, UUL MUL IU Wy
windstorm, flood and builder’s risk completed value coverage, in such amounts
and for such periods as may be required by Mortgagee, and to pay promptly when
due, any premiums on such insurance policies or renewals. (See Mortgage J
1,5(b)).
All insurance shall be carried on companies approved by Mortgagee as to
financial standing according to such guidelines as may be adopted from time to
time by Mortgagee, and the policies and renewals thereof shall be held by
Mortgagee and shall have attached thereto loss payable clauses in favor of and in
form acceptable to Mortgagee. All insurance policies shall require that written
notice be sent to Mortgagee at least 30 days prior to the termination or expiration
date of all such policies, renewals thereof satisfactory to Mortgagee shall be
delivered to Mortgagee. Mortgagor shall deliver to the Mortgagee receipts
evidencing the payment of all such insurance policies and renewals. The delivery
Of ihe insurance policies shail consiiiute an assignment as future seciirity of ali
uneamed premiums...In the event of foreclosure of this Mortgage or other
transfer of title to the Mortgaged Property in extinguishment of the indebtedness
secured herby, all right, title and interest of Mortgagor in and to any insurance
policies then in force shall pass to the purchaser or grantee, (See Mortgage J
1.5(¢)).
Aras 4 TULL. GAM Wd DD
aun
UOpIts G2 WIG INDIE aU Mongage Weie aliacuce to tne Compiaiat aS Exons “A” ana “D,
respectively.4. The Defendants have failed to secure insurance on the Property and are entirely
unconcerned with their contractual obligation to do so. As Benun testified at his deposition:
Q@ Do you have homeowner’s insurance on the property?
A I don’t know.
Q: Des it concern vou whether vou have homeowner’s insurance on
fy the property?
A: No. (Benun Dep, 13:21-25)3
5. Asa result, 6654 is seeking to obtain force-placed insurance on the Property.
6. In order to obtain the force-placed insurance, 6654, along with its insurance
carrier, representatives and attomeys, will need to gain entry upon the Property for the purpose
of conducting a video inspection.*
7. 6654 and its undersigned attorneys have attempted, and continue to attempt, to
coordinate the inspection of the Property. However, the Defendants refuse to make the Property
available for inspection.*
8. Moreover, Benun has repeatedly threatened to cause damage and destruction to
the Property. Consequently, the currently uninsured Property is in imminent danger of being
destroyed or damaged at the hands of Benun.
9 Notably, on October 2, 2018, counsel for the Defendants, Stuart J. Zoberg, Esq.
(“Zoberg”), stated in an e-mail to the undersigned: “If you think [Benun] is going to leave [the
Property] in the pristine condition he put it in if he loses and the judgment is not stayed pending
3 A copy of the transcript of the Deposition of Mark Benun, taken on September 26, 2018, was
previously filed in this action on November 19, 2018.
4 See e-mail from Jackie Fink on behalf of Allstate, DiGiogio Insurance, Inc., to Deana Clark on
behalf of 6654, attached hereto as Exhibit “1.”
* See e-maii from Jackie Fink io Deana Clark and iexi-message from Benun io Deana Ciark,
attached collectively hereto as Composite Exhibit “2.”appeal, your client has quite the surprise coming.” The only caveat to Bunun’s threats to
vandalize the Property was that he would “return it safe for human habitation,”
10, On February 2, 2019, 6654 filed a Request for Entry Upon Property for Purpose
of Video Inspection, wherein it requested that the Defendants permit it entry upon the Property
within thirty (30) days of the date of service of the request.
11. However, the Defendants’ failure to insure the Property coupled with Benun’s
ongoing threats to cause damage to the Property necessitate that 6654 obtain force-placed
insurance on the Property immediately and, for that reason, require an expedited inspection of
the Property.
WHEREFORE, the Plaintiff respectfully requests that this court enter an Order granting
it leave to enter upon the Property on an expedited basis for the purpose of a conducting a video
inspeciion and Obiaining forcé-placed insurance ana praliling Sich OuieT TENET aS this COUT
deems necessary and proper.
[CERTIFICATE OF SERVICE ON NEXT PAGE]I HEREBY CERTIFY that a copy of the foregoing has been served via email on Stuart
J. Zoberg, Esq., [szobere@shirlaweroup.com] [office@shirlaweroup.com), Shir Law Group,
P.A,, Attorneys for Pincus Capital LLC and Mark Benun, 1800 NW Corporate Blvd., Suite 200,
Boca Raton, FL 33431, Katherine C. Nuckolls, Esq., [knuckolls@randallkroger.com], Andrew
G. Elliott, Esq., [aelliott@randallkroger.com] [marie@randallkroger.com], Randall K. Roger &
Associates, P.A., Attorneys for Country Club Maintenance Association, Inc., 621 NW 53 Street,
Suite 300, Boca Raton, Florida 33487, on this Baay of February, 2019.
SHAPIRO, FISHMAN & GACHE, LLP
Attorneys for the Plaintiff
2424 North Federal Highway, Suite 360
Boca Raton, Florida 33431
(561) 287-5599 (phone)
(ELAN OT _BEOO feae\
(Ul) 207-3507 aay
By:
Ronald M. Gaché, Esq.
Florida Bar No. 699306
rgache@logs.com
Scott A. Simon, Esq.
Florida Bar No. 0088676
ssimon@logs.comFrom: "Jackie Fink"
Date: February 20, 2019 at 6:46:17 PM EST
To: deanamclark@gmail.com
Subject: Federated National Quote for 6654 - just need Wind Mit & 4 Point to Bind
Hi Deana,
mand avnlainad vour
tal Aland
9 anu GaApianicu your
AS pér Gir COnVEISALION, 1 Spone to Feaeratsa Naw
situation and they said that they would write your LLC a tenant occupied
homeowners policy for 6654 NW 27 Avenue but since you are going through
foreclosure the do need a 4 point inspection and a Wind Mitigation report to
confirm the property is in good order.
We can discuss coverage amounts at your convenience, | know you have to get the
okay to get the reports done before we can move forward.
lam at your service with any questions you may have - my direct phone line is 954-
721-1458.
Sincerely,
Jackie Fink
Allstate
DiGiorgio Insurance, Inc.
7820 North University Drive
Tamarac, FL 33321
Ph: 954-721-4959
954-721-2707
k1@:
EXHIBIT
PotFrom:."FINK, JACKIE”
Date: February 21, 2019 at 12:31:28 PM EST
To: "deanamclark@gmall.com"
Subject: 6654 NW 27 AVENUE - Homeowners Insurance
Hi Deana,
I contacted Mark Benum at 561-777-0880 to ask for entrance i 6654 27 Aver to
get the 4 point inspection for 6654 27 Avenue but he said no that an inspection was not
needed and he denied my request.
It is necessary to get the 4 point inspection completed to secure homeowners
insurance for your property, please advise.
Sincerely,
Gachie Fuck
Customer Service / Sales
DiGiorgio Insurance, Inc.
7820 N University Dr, Tamarac, FL, 33321,
Gall: (954) 721-4959 ay,
Fax: (954) 368-0869 ((@XQ))
Allstate.
Youre in good hands.
BD ¢
econ facto14S ale a
+1 (561) 777-0880>
make ita great day.
Today 11:42 AM
Deana- Please tell one
ioe your: "Sa
1
au Ut an NOT to .
dial Ewing again.
‘Thanks
Preview
Filing # 85428938 E-Filed 02/25/2019 12:14:51 PM IN THE CIRCUIT COURT OF THE reth WINTATAT ATDATITT INI ANT EAD 1D JUUIUIAL UU UN Aa Pun PALM BEACH COUNTY, FLORIDA Case No.: 50-2017-CA-013348-XXXX-MB (AD) 6654 NW 27 AVENUE LLC, a Florida limited liability company, Plaintiff, ve PINCUS CAPITAL LLC, a Delaware limited liability company, and MARK BENUN, an individual, Defendants. / PLAINTIFF’S MOTION FOR EXPEDITED HEARING The Plaintiff, 6654 NW 27 AVENUE, LLC (“6654”), by and through its undersigned attorneys, moves the court for an expedited hearing on its Motion for Leave to Conduct Expedited Video Inspection of Property against the Defendants, PINCUS CAPITAL LLC (“Pincus”) and MARK BENUN (“Benun”) (collectively, the Defendants), and as grounds therefor states:! 1. On December 8, 2017, 6654 filed its Verified Complaint to Foreclose Mortgage and Enforce Note (the “Complaint”) wherein it sought enforcement of a Promissory Note (the “Note”) executed and delivered by the Defendants, as borrowers, in the principal sum of $250,000.00 in favor of 6654, as lender, and foreclosure of a Mortgage and Security Agreement (the “Morigage”) executed by Pincus, as mortgagor, securing the payment of the Note to 6654.2 ' 6654 acknowledges that, on February 13, 2019, the court entered its Order on Case Management Conference wherein it ordered that all motions that require special set court time be heard between April 9 and May 31, 2019, and that, on February 20, 2019, the parties filed their Joint Report regarding their availability to attend special set hearings during that time period. As of this date, the court has not advised the parties of a date for their pending motions to be heard. Nevertheless, as set forth herein, 6654°s Motion for Leave to Conduct Expedited Video Inspection of Proverty requires an expedited hearing well before April 9, 2019. ? Copies of the Note and Mortgage were attached to the Complaint as Exhibits “A” and “B,” respectively. CUCM. DAIMRCACURAIINTY Cl CHADAN D RACY FILED A9INEINNAD 19.44.54 DN Pn. PAU DLAI BUI, PL, QIAN. DUUN, ULLIAN, Ueizuieulg 12.1 iv2. The Mortgage mortgaged the Property,? more particularly described therein, then owned by and in possession of Pincus. 3. Under the express terms of the Mortgage, the Defendants were required to obtain and maintain comprehensive general liability insurance on the Property.‘ However, the n.~ wm insen Entlnd ta annven fnanennna an tha Dennarty and ac a racult KASA ic ceskina ta Dereidans Have fauca tG Secure insurance On the Property and, as a result, C654 IS setx obtain force-placed insurance on the Property. 4. On February 19, 2019, 6654 filed its Request for Entry Upon Property for Purpose of Video Inspection, wherein it requested that the Defendants permit it entry upon the Property within thirty (30) days of the date of service of the request. 5. However, contemporaneously with the filing of this motion, 6654 filed its Motion for Leave to Conduct Expedited Video Inspection of Property (the “Motion for Expedited ign”) wherein it requested that the court enter an order granting it leave to inspect the on, Property on an expedited basis for the purpose of conducting a video inspection and obtaining force-placed insurance. A copy of the Motion for Expedited Inspection, with all exhibits, is attached hereto as Exhibit “A” and its contents are fully incorporated herein by this reference. 6. As described in the Motion for Expedited Inspection, in order to obtain the force- placed insurance, 6654, along with the its insurance carrier, representatives and attorneys, will need to gain entry upon the Property for the purpose of conducting a video inspection. 3 The Property is more particularly described as Lot 5, The Banyans of Arvida Country Club, P.U.D., according to the Plat thereof, as recorded in Plat Book 62, page 21, of the Public Records of Palm Beach County, Florida, and has a street address of 6654 NW a7 Avenue, Boca Raton, FL. 2 Copies of the Noie and Morigage were aiiacned io ine Compiaiit a8 Ext respectively. 4 See Mortgage {| 1.5(a)-(c).7 Moreover, in addition to the Defendants’ failure to obtain insurance as required by the Mortgage, Benun has repeatedly threatened to cause damage and destruction to the Property. Consequently, the currently uninsured Property is in imminent danger of being destroyed or damaged at the hands of Benun. ° The Nalewdnntn? fntleen bn sea tha Dennasty aomlad with Ranun’e ananing oO. THe DeeiUaS laure 16 mSuIe Ue A TOpery Coupee Wink Genus Ongoing threats to cause damage to the Property necessitate that 6654 obtain fore-placed insurance on the Property immediately and, for that reason, require an expedited inspection of the Property. 9. Given these circumstances and the ongoing threat of imminent harm to 6654, this case is certainly one where “justice delayed is justice denied.” Ven-Mar of Indian River, Inc. v. Turner, 614 So. 2d 684 (Fla. 5“ DCA 1993) (Dauksch, J., dissenting); Ritter v. Dep't of Children and Family Services, 700 So. 2d 804 (Fla. 5“ DCA 1997) (Harris, J., concurring) (“It should be the hichect te anpieoe f averv indoe to to see the iustice of the canse and, pursnant to the law and pie tee Bet the evidence, expeditiously achieve it. ‘Justice delayed is justice denied’ is not merely a slogan; it is a life truism.”). WHEREFORE, the Plaintiff requests that the court set an expedited hearing on its Motion for Leave to Conduct Expedited Video Inspection of Property and grant such other and further relief as the court deems just and proper.CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been served via email on Stuart J. Zoberg, Esq., [szoberg@shirlawgroup.com] [office@shirlawgroup.com], Shir Law Group, P.A., Attorneys for Pincus Capital LLC and Mark Benun, 1800 NW Corporate Blvd., Suite 200, Daan Datan BT 22491 Vathaving CO Nealalle Bon UMrnuaballoA@eandallbenaar nam] Andraw DUCA NAOH, FL J94I1, Katherine C. Nuckons, 5G.) [RHUCKOMSUuranUGUInI GEE COL), CAnmuret G. Elliott, Esq., [aelliott@randallkroger.com] [marie@randallkroger.com], Randall K. Roger & Associates, P.A., Attorneys for Country Club Maintenance Association, Inc., 621 NW. 53" Street, Suite 300, Boca Raton, Florida 33487, on this wu day of February, 2019. SHAPIRO, FISHMAN & GACHE, LLP Attorneys for the Plaintiff 2424 North Federal Highway, Suite 360 Boca Raton, Florida 33431 (561) 287-5599 (phone) (561) 287-5589 (fax) Ronald M. Gaché, Esq. Florida Bar No. 699306 rgache@logs.com Scott A. Simon, Esa. Florida Bar No. 0088676 ssimon@logs.comFiling # 85424985 E-Filed 02/25/2019 11:42:35 AM IN THE CIRCUIT COURT GF THE 15® JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No.: 50-2017-CA-013348-KXXX-MB (AD) 6654 NW 27 AVENUE LLC, a Florida limited liability company, Plaintiff, v. PINCUS CAPITAL LLC, a Delaware limited liability company, and MARK BENUN, an individual, Defendants. / PLAINTIFF'S, 6654 NW 27 AVENUE, LLC, MOTION FOR LEAVE TO CONDUCT EXPEDITED VIDE! [SPE OF PROPER’ The Plaintiff, 6654 NW 27 AVENUE, LLC (“6654”), hereby moves this court for the entry nf an nrdor arantina it leave ta antar man tha nennacty (tha UDennart Al in naccassina ne SOMY Os Gn CIGer granung as awave vO Cher upon wie propeiy (ule aiupery 7 lil pussussium OF control of the Defendants, PINCUS CAPITAL LLC (“Pincus”) and MARK BENUN (“Benun”) (collectively, the “Defendants”), on an expedited basis, for the purpose of conducting a video inspection and obtaining force-placed insurance, and as grounds therefor states: L On December 8, 2017, 6654 filed its Verified Complaint to Foreclose Mortgage and Enforce Note (the “Complaint”) wherein it sought enforcement of a Promissory Note (the “Note”) executed and delivered by the Defendants, as borrowers, in the principal sum of ' The Property is more particularly described as Lot 5, The Banyans of Arvida Country Club, Pi Us D. » aocording to the ‘Plat thereof, a as recorded i in Plat Book 62, Page 21, of the Public Records of Pain Beacn Coumty, Florida, and nas a street address of 6054 NW 27" Avenue, Boca Raion, FL. EXHIBIT i_A$250, G00. oo in iavor oT 0054, as lenaer, ana foreciosure ao a Morgage aaa Soourity Agreement (the “Mortgage”) executed by Pincus, as mortgagor, securing the payment of the Note to 66542 2. The Mortgage mortgaged the Property, more particularly described therein, then owned by and in possession of Pincus. 3. Under the express terms of the Mortgage, the Defendants were required to obtain and maintain comprehensive general liability insurance on the Property. Specifically, the Mortgage provided that: 2m... w£ Mortgagor shall at its sole expense obtain for delivery to, and maintain for the benefit of, Mortgage during the life of the Mortgage, comprehensive general liability insurance in such amounts and for such periods as Mortgagee may require...Mortgagor shall pay promptly, when due, any premiums on the insurance policy and renewals. (See Mortgage {| 1.5(a)). Mortgagor shall keep the Mortgaged Property and the improvements now existing or hereafter erected on the Mortgaged Property insured against loss by fire and athar hagaede anenaltian and anntinnanatan fnalndian but nat Henitad tr Uulet mazaius, CasuaIUSS GU CULNIBCILINS, INUIUUIE, UUL MUL IU Wy windstorm, flood and builder’s risk completed value coverage, in such amounts and for such periods as may be required by Mortgagee, and to pay promptly when due, any premiums on such insurance policies or renewals. (See Mortgage J 1,5(b)). All insurance shall be carried on companies approved by Mortgagee as to financial standing according to such guidelines as may be adopted from time to time by Mortgagee, and the policies and renewals thereof shall be held by Mortgagee and shall have attached thereto loss payable clauses in favor of and in form acceptable to Mortgagee. All insurance policies shall require that written notice be sent to Mortgagee at least 30 days prior to the termination or expiration date of all such policies, renewals thereof satisfactory to Mortgagee shall be delivered to Mortgagee. Mortgagor shall deliver to the Mortgagee receipts evidencing the payment of all such insurance policies and renewals. The delivery Of ihe insurance policies shail consiiiute an assignment as future seciirity of ali uneamed premiums...In the event of foreclosure of this Mortgage or other transfer of title to the Mortgaged Property in extinguishment of the indebtedness secured herby, all right, title and interest of Mortgagor in and to any insurance policies then in force shall pass to the purchaser or grantee, (See Mortgage J 1.5(¢)). Aras 4 TULL. GAM Wd DD aun UOpIts G2 WIG INDIE aU Mongage Weie aliacuce to tne Compiaiat aS Exons “A” ana “D, respectively.4. The Defendants have failed to secure insurance on the Property and are entirely unconcerned with their contractual obligation to do so. As Benun testified at his deposition: Q@ Do you have homeowner’s insurance on the property? A I don’t know. Q: Des it concern vou whether vou have homeowner’s insurance on fy the property? A: No. (Benun Dep, 13:21-25)3 5. Asa result, 6654 is seeking to obtain force-placed insurance on the Property. 6. In order to obtain the force-placed insurance, 6654, along with its insurance carrier, representatives and attomeys, will need to gain entry upon the Property for the purpose of conducting a video inspection.* 7. 6654 and its undersigned attorneys have attempted, and continue to attempt, to coordinate the inspection of the Property. However, the Defendants refuse to make the Property available for inspection.* 8. Moreover, Benun has repeatedly threatened to cause damage and destruction to the Property. Consequently, the currently uninsured Property is in imminent danger of being destroyed or damaged at the hands of Benun. 9 Notably, on October 2, 2018, counsel for the Defendants, Stuart J. Zoberg, Esq. (“Zoberg”), stated in an e-mail to the undersigned: “If you think [Benun] is going to leave [the Property] in the pristine condition he put it in if he loses and the judgment is not stayed pending 3 A copy of the transcript of the Deposition of Mark Benun, taken on September 26, 2018, was previously filed in this action on November 19, 2018. 4 See e-mail from Jackie Fink on behalf of Allstate, DiGiogio Insurance, Inc., to Deana Clark on behalf of 6654, attached hereto as Exhibit “1.” * See e-maii from Jackie Fink io Deana Clark and iexi-message from Benun io Deana Ciark, attached collectively hereto as Composite Exhibit “2.”appeal, your client has quite the surprise coming.” The only caveat to Bunun’s threats to vandalize the Property was that he would “return it safe for human habitation,” 10, On February 2, 2019, 6654 filed a Request for Entry Upon Property for Purpose of Video Inspection, wherein it requested that the Defendants permit it entry upon the Property within thirty (30) days of the date of service of the request. 11. However, the Defendants’ failure to insure the Property coupled with Benun’s ongoing threats to cause damage to the Property necessitate that 6654 obtain force-placed insurance on the Property immediately and, for that reason, require an expedited inspection of the Property. WHEREFORE, the Plaintiff respectfully requests that this court enter an Order granting it leave to enter upon the Property on an expedited basis for the purpose of a conducting a video inspeciion and Obiaining forcé-placed insurance ana praliling Sich OuieT TENET aS this COUT deems necessary and proper. [CERTIFICATE OF SERVICE ON NEXT PAGE]I HEREBY CERTIFY that a copy of the foregoing has been served via email on Stuart J. Zoberg, Esq., [szobere@shirlaweroup.com] [office@shirlaweroup.com), Shir Law Group, P.A,, Attorneys for Pincus Capital LLC and Mark Benun, 1800 NW Corporate Blvd., Suite 200, Boca Raton, FL 33431, Katherine C. Nuckolls, Esq., [knuckolls@randallkroger.com], Andrew G. Elliott, Esq., [aelliott@randallkroger.com] [marie@randallkroger.com], Randall K. Roger & Associates, P.A., Attorneys for Country Club Maintenance Association, Inc., 621 NW 53 Street, Suite 300, Boca Raton, Florida 33487, on this Baay of February, 2019. SHAPIRO, FISHMAN & GACHE, LLP Attorneys for the Plaintiff 2424 North Federal Highway, Suite 360 Boca Raton, Florida 33431 (561) 287-5599 (phone) (ELAN OT _BEOO feae\ (Ul) 207-3507 aay By: Ronald M. Gaché, Esq. Florida Bar No. 699306 rgache@logs.com Scott A. Simon, Esq. Florida Bar No. 0088676 ssimon@logs.comFrom: "Jackie Fink" Date: February 20, 2019 at 6:46:17 PM EST To: deanamclark@gmail.com Subject: Federated National Quote for 6654 - just need Wind Mit & 4 Point to Bind Hi Deana, mand avnlainad vour tal Aland 9 anu GaApianicu your AS pér Gir COnVEISALION, 1 Spone to Feaeratsa Naw situation and they said that they would write your LLC a tenant occupied homeowners policy for 6654 NW 27 Avenue but since you are going through foreclosure the do need a 4 point inspection and a Wind Mitigation report to confirm the property is in good order. We can discuss coverage amounts at your convenience, | know you have to get the okay to get the reports done before we can move forward. lam at your service with any questions you may have - my direct phone line is 954- 721-1458. Sincerely, Jackie Fink Allstate DiGiorgio Insurance, Inc. 7820 North University Drive Tamarac, FL 33321 Ph: 954-721-4959 954-721-2707 k1@: EXHIBIT PotFrom:."FINK, JACKIE” Date: February 21, 2019 at 12:31:28 PM EST To: "deanamclark@gmall.com" Subject: 6654 NW 27 AVENUE - Homeowners Insurance Hi Deana, I contacted Mark Benum at 561-777-0880 to ask for entrance i 6654 27 Aver to get the 4 point inspection for 6654 27 Avenue but he said no that an inspection was not needed and he denied my request. It is necessary to get the 4 point inspection completed to secure homeowners insurance for your property, please advise. Sincerely, Gachie Fuck Customer Service / Sales DiGiorgio Insurance, Inc. 7820 N University Dr, Tamarac, FL, 33321, Gall: (954) 721-4959 ay, Fax: (954) 368-0869 ((@XQ)) Allstate. Youre in good hands. BD ¢ econ facto14S ale a +1 (561) 777-0880> make ita great day. Today 11:42 AM Deana- Please tell one ioe your: "Sa 1 au Ut an NOT to . dial Ewing again. ‘Thanks