On May 30, 2008 a
Motion for Summary Judgment 3771963 Comments: Motion For Summary Judgment|PLTFS MOTION FOR SUMMARY JUDGMENT
was filed
involving a dispute between
American Home Mortgage Servicing Inc,
and
Lakeisha Moses Newton Lakeisha D Newton Aka,
Todd Newton,
Unknown Spouse Of Lakeisha Moses Newton A K A Lake,
Unknown Spouse Of Todd Newton,
Unknown Tenant #1,
Unknown Tenant #2,
for CA - Mortgage Foreclosure (filed prior to 6/1/2009)
in the District Court of Orange County.
Preview
IN THE CmCUrr COURT OF THE NINTH JUDICL\L CIRCUIT OF THE STATE OF
FLORIDA, IN AND FOR ORANGE COUNTY
CrVIL DIVISION
AMERICAN HOME MORTGAGE SERVICING, INC.,
Plaintiff,
vs.
r-o
CASE NO. 2008 SApl289g
C'}
TODD NEWTON, et al. ^sc m
-o
tZr^ — c:
Defendant(s)
"A/) °
SV -V
yc:
r-o:. ••
• cz-
.^J
CO
CO
MOTION FOR SUMMARY JUDGMENT
COMES NOW the Plaintiff, AMERICAN HOME MORTGAGE SERVICING,
INC., and files this its Motion for Final Summary Judgment and For Award of
Attomey's Fees and, in support thereof, would state:
1. There is no genuine issue of material fact and the Plaintiff is entitled to the
entry of a Summary Judgment of Foreclosure as a matter of law.
2. That under Florida Law when a mortgage contains an acceleration clause,
upon breach of a mortgagor's covenant to make the required payments, a mortgagee
may sue to foreclosure the mortgage before the due date. Treb Trading Company v.
Green, 102 Fla. 238,135 So. 510 (1931).
3. That one purpose of a foreclosure is to subject the security to the payment of
the obhgation involved. Bobby lones Garden Apartments v. Connecticut Mutual Life
Insurance, 202 So2d 226 (Fla. 2d D.C.A. 1967).
4. That the institution of a foreclosure suit is the exercise of a mortgagee's option
to declare the remaining principal sum and interest due thereon. Kreiss Potassium
Phosphate Co. v. Nieht, 98 Fla. 104,124 So. 751 (1929).
5. That a mortgagee has a right to accelerate upon default in conditions of the
security agreement, such as payment of interest installments of principal, taxes and
insurance. Clark v. Lachenmeier, 237 So.2d 583 (Fla 2d D.C.A., 1970).
6. That an acceleration clause in an installment note and mortgage confers a
contract right on the note and mortgage holder which holder may elect to invoke upon
default and to seek enforcement thereof Federal Home Loan Mortgage Corp. v. Taylor,
318 So2d 203 (Fla. 1st D.CA. 1975).
7. Plaintiff rehes on its Affidavit in Support of Motion for Summary Judgment
which estabhshes the execution of the note and mortgage, as well as the defaults thereon
and the balance presently due.
WHEREFORE, Plaintiff prays that this Honorable Court will grant Plaintiffs
Motion for Final Summary Judgment of Foreclosure and For Award for Reasonable
Attomey's Fees.
CERTinCATE OF SERVICE
1 HEREBY CERTIFY that a true and correct copy of the foregoing Motion for
Summary Judgment together with the Affidavit of Fees by Attomey of Record, Affidavit
in Support of Motion for Final Summary Judgment, Affidavit as to Reasonable
Attomey's Fees, Affidavit of Costs and Notice of Hearing has been fumished by U.S.
Mail this Cyfe day of y7c^ _, 2008, to aU parties hsted on the attached
service list.
iw Offices of Daniel C. Consuegra
n Daniel C. Consuegra/Florida Bar #371300
D Jennifer A. Sesta/Florida Bar #0966339
n Peter E. Lanning/Florida Bar #0562221
n Laura L. Walker/Florida Bar #509434
^ohn P. Kophtz/Florida Bar #044379
D Sharmon N. CoUins/Florida Bar #43574
D Mehssa R. Rinaldi/Florida Bar #050252
9204 King Pahn Drive
Tampa, Florida 33619-1328
Tel (813) 915-8660
Fax (813) 915-0559
cc: The Honorable Renee Roche
"THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE."
MASTER CIVIL SERVICE LIST
TODD NEWTON and LAKEISHA MOSES NEWTON
4616 FRISCO CIRCLE
ORLANDO, FLORIDA 32808
Document Filed Date
September 10, 2008
Case Filing Date
May 30, 2008
Category
CA - Mortgage Foreclosure (filed prior to 6/1/2009)
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IN THE CmCUrr COURT OF THE NINTH JUDICL\L CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR ORANGE COUNTY CrVIL DIVISION AMERICAN HOME MORTGAGE SERVICING, INC., Plaintiff, vs. r-o CASE NO. 2008 SApl289g C'} TODD NEWTON, et al. ^sc m -o tZr^ — c: Defendant(s) "A/) ° SV -V yc: r-o:. •• • cz- .^J CO CO MOTION FOR SUMMARY JUDGMENT COMES NOW the Plaintiff, AMERICAN HOME MORTGAGE SERVICING, INC., and files this its Motion for Final Summary Judgment and For Award of Attomey's Fees and, in support thereof, would state: 1. There is no genuine issue of material fact and the Plaintiff is entitled to the entry of a Summary Judgment of Foreclosure as a matter of law. 2. That under Florida Law when a mortgage contains an acceleration clause, upon breach of a mortgagor's covenant to make the required payments, a mortgagee may sue to foreclosure the mortgage before the due date. Treb Trading Company v. Green, 102 Fla. 238,135 So. 510 (1931). 3. That one purpose of a foreclosure is to subject the security to the payment of the obhgation involved. Bobby lones Garden Apartments v. Connecticut Mutual Life Insurance, 202 So2d 226 (Fla. 2d D.C.A. 1967). 4. That the institution of a foreclosure suit is the exercise of a mortgagee's option to declare the remaining principal sum and interest due thereon. Kreiss Potassium Phosphate Co. v. Nieht, 98 Fla. 104,124 So. 751 (1929). 5. That a mortgagee has a right to accelerate upon default in conditions of the security agreement, such as payment of interest installments of principal, taxes and insurance. Clark v. Lachenmeier, 237 So.2d 583 (Fla 2d D.C.A., 1970). 6. That an acceleration clause in an installment note and mortgage confers a contract right on the note and mortgage holder which holder may elect to invoke upon default and to seek enforcement thereof Federal Home Loan Mortgage Corp. v. Taylor, 318 So2d 203 (Fla. 1st D.CA. 1975). 7. Plaintiff rehes on its Affidavit in Support of Motion for Summary Judgment which estabhshes the execution of the note and mortgage, as well as the defaults thereon and the balance presently due. WHEREFORE, Plaintiff prays that this Honorable Court will grant Plaintiffs Motion for Final Summary Judgment of Foreclosure and For Award for Reasonable Attomey's Fees. CERTinCATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing Motion for Summary Judgment together with the Affidavit of Fees by Attomey of Record, Affidavit in Support of Motion for Final Summary Judgment, Affidavit as to Reasonable Attomey's Fees, Affidavit of Costs and Notice of Hearing has been fumished by U.S. Mail this Cyfe day of y7c^ _, 2008, to aU parties hsted on the attached service list. iw Offices of Daniel C. Consuegra n Daniel C. Consuegra/Florida Bar #371300 D Jennifer A. Sesta/Florida Bar #0966339 n Peter E. Lanning/Florida Bar #0562221 n Laura L. Walker/Florida Bar #509434 ^ohn P. Kophtz/Florida Bar #044379 D Sharmon N. CoUins/Florida Bar #43574 D Mehssa R. Rinaldi/Florida Bar #050252 9204 King Pahn Drive Tampa, Florida 33619-1328 Tel (813) 915-8660 Fax (813) 915-0559 cc: The Honorable Renee Roche "THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE." MASTER CIVIL SERVICE LIST TODD NEWTON and LAKEISHA MOSES NEWTON 4616 FRISCO CIRCLE ORLANDO, FLORIDA 32808