Preview
Case Number: CACE-19-021666 Division: 11
Filing # 97519994 E-Filed 10/18/2019 01:40:20 PM
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.
FREEDOM MORTGAGE
CORPORATION,
Plaintiff,
vs.
ANDRE ST. STEVE KIFFIN A/K/A A.
KIFFIN; UNKNOWN SPOUSE OF
ANDRE ST. STEVE KIFFIN A/K/A A
KIFFIN,
Defendant(s).
/
VERIFIED COMPLAINT FOR FORECLOSURE OF MORTGAGE
Plaintiff, FREEDOM MORTGAGE CORPORATION, sues the Defendants and alleges:
COUNT I-MORTGAGE FORECLOSURE
1 This is an action to foreclose a mortgage on real property in BROWARD County,
Florida.
2 The Court has jurisdiction over the subject matter.
3 On April 4, 2017, ANDRE ST. STEVE KIFFIN A/K/A A. KIFFIN executed and
delivered a promissory note and a mortgage securing payment of the note to PARAMOUNT
RESIDENTIAL MORTGAGE GROUP, INC. A copy of the note is attached hereto as Exhibit
“A”, The Mortgage was recorded on April 5, 2017, at Instrument 114304137, of the Public
Records of Broward County, Florida, and mortgaged the property described in the mortgage then
owned by the Mortgagor(s). A copy of the mortgage is attached hereto as Exhibit “B”.
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19-376234 - D'M
#** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/18/2019 01:40:18 PM.*##*
4 The Plaintiff's Mortgage is a lien superior in dignity to any prior or subsequent right, title,
claim, lien, or interest of any defendant in this action, including but not limited to, any interest
arising out of Mortgagor(s) or Mortgagor(s)' predecessor(s) and/or successors in interest.
5 Plaintiff is the holder of the original note secured by the mortgage.
6. Defendant(s) have defaulted under the Note and Mortgage by failing to pay the payment
due May 1, 2019, and all subsequent payments.
7 Plaintiff declares the full amount payable under the Note and Mortgage to be due, except
to the extent any part of that amount is or would be subject to a statute of limitations defense.
8 Pursuant to the terms of the note and mortgage, and except for those Defendants who
have been discharged in bankruptcy, Defendant(s) owe Plaintiff $308,536.68 that is due and
owing on principal on the Note and Mortgage, plus interest from and after April 1, 2019, and title
search expenses for ascertaining necessary parties to this action.
9. In order to protect its security, the Plaintiff may have advanced and paid Ad Valorem
Taxes, premiums on insurance required by the Mortgage and other necessary costs, or may be
required to make such advances during the pendency of this action. Any such sum(s) so paid
will also be due and owing pursuant to the terms of the note and mortgage.
10. The property is now owned by Defendant(s), ANDRE ST. STEVE KIFFIN A/K/A A.
KIFFIN, if living and, if dead, the unknown spouses, heirs, and beneficiaries of ANDRE ST.
STEVE KIFFIN A/K/A A. KIFFIN who now hold(s) possession.
li. All conditions precedent to the acceleration of this note and mortgage and to foreclosure
of the mortgage have occurred, been satisfied or been waived.
12. Plaintiff is obligated to pay its attorneys a reasonable fee for their services. Plaintiff is
entitled to recover its attorneys’ fees pursuant to the express terms of the Note and Mortgage.
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13, Plaintiff alleges that the claims of the remaining Defendants are secondary, junior,
inferior and subject to the prior claim of Plaintiff.
14, Defendant, UNKNOWN SPOUSE OF ANDRE ST. STEVE KIFFIN A/K/A A. KIFFIN,
may claim some right, title, or interest in the property herein sought to be foreclosed by virtue of
homestead rights, possession or some other unknown interest, the exact nature of which is
unknown to Plaintiff and not a matter of public record. However, said interest, if any, is
subordinate, junior, and inferior to the lien of Plaintiffs mortgage.
WHEREFORE, Plaintiff demands judgment foreclosing the mortgage, for costs (and,
when applicable, attorneys' fees), and, if the proceeds of the sale are insufficient to pay Plaintiff's
judgment, Plaintiff asks the court to reserve jurisdiction to determine whether a deficiency is
appropriate, in the event it is sought. Subject to any applicable statute of limitations, Plaintiff
further requests that the Court ascertain the amount due to Plaintiff for principal and interest on
the Mortgage and Note, and for late charges, abstracting, taxes, expenses and costs, including
attomey's fees, plus interest thereon. If the sums due Plaintiff under the Mortgage and Note are
not paid immediately, Plaintiff requests that the Court foreclose the Mortgage and the Clerk of
the Court sell the Property securing the indebtedness to satisfy the Plaintiff's mortgage lien in
accordance with the provisions of Florida Statutes §45.031 (2006); and that the rights, title and
interest of any Defendant, or any party claiming by, through, under or against any Defendant
named herein or hereinafter made a Defendant be forever barred and foreclosed. Plaintiff further
requests, where applicable, that the Court appoint a receiver of the Property and of the rents,
issues, income and profits thereof, or in the alternative, order sequestration of rents, issues,
income and profits pursuant to Florida Statutes §697.07 (2006); and that the Court retain
jurisdiction of this action to make any and all further orders and judgments as may be necessary
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and proper, including the issuance of a writ of possession and the entry of a deficiency judgment
decree, when and if such deficiency decree shall appear proper, provided Borrower(s) has/have
not been discharged in bankruptcy. Finally, Plaintiff asks the Court to retain jurisdiction to
resolve disputes that might arise with respect to assessments due or allegedly due to any
Homeowners or Condominium Association, if applicable.
VERIFICATION OF COMPLAINT
Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged
therein are true and correct to the best of my knowledge and belief.
Executed on this _ (x day of ___ October _20ff.
By: __
Print Name: _(,
Title: Fel
i
peeled
Company: FREEDOM
CORPORATION
ROBERTSON, ANSCHUTZ & SCHNEID, P.L.
Attorney for Plaintiff
6409 Congress Ave., Suite 100
Boca Raton, FL 33487
Telephone: 561-241-6901
Facsimile:
Emat al flaw.com
() lelissa Konick, Esq., FL Bar No. 17569, Email Address: mkonick@rasflaw.com
#
dy Manswell, Esq., FL Bar No. 12027, Email Address: wmanswell@rasflaw.com
Rosemarie Wildman, Esq., FL Bar No. 645869, Email Address: rwildman@rasflaw.com
Gweneth Brimm, Esq., FL Bar No. 727601, Email Address: gbrimm@rasflaw.com
[ ] Alecia Daniel, Esq., FL Bar No. 36955, Email Address: adaniel@rasflaw.com
[ ] Abraham Vais, Esq., FL Bar No. 119809, Email Address: avais@rasflaw.com
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19-376234 - D'
we oo
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ORIGINA NOTE
April 4, 2017 PLANTATION, Florida
[Date] [City] [State]
2126 N 32ND AVE, HOLLYWOOD, FL 33021
[Property Address}
1 BORROWER'S PROMISE TO PAY
in return for a loan that | have received, | promise to pay U.S. $319,113.00{this amount is called "Principat’),
plus interest, to the order of the Lender. The Lender is Paramount Residential Mortgage Group, Inc., a Califorr
Corporation.
twill make all payments under this Note in the form of cash, check or money order.
l understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who
is entitled to receive payments under this Note is called the "Note Holder.”
2. INTEREST
Interest will be charged on unpaid principal until the full ammount of Principal has been paid. | will pay interest at a yearly
rate of 4.500 %.
The interest rate required by this Section 2 is the rate | will pay both before and after any default described in Section
6(B) of this Note.
3. PAYMENTS,
(A) Time and Place of Payments
{ will pay principal and interest by making a payment every month
1 will make my monthly payment on the 1st day of each month beginning on June 1, 2017.
Iwill make these payments every month until | have paid all of the principal and interest and any other charges described
below that | may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be
applied to interest and any other items in the order described in the Security Instrument before Principal. If, on
May 1, 2047, 1 still owe amounts under this Note, | will pay those amounts in full on that date, which
is called the “Maturity Date."
Iwill make my monthly payments at 1265 Corona Pointe Court, Suite 301
Corona , CA 92879
or ata different place if required by the Note Holder.
(8) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $1,616.90.
4, BORROWER'S RIGHT TO PREPAY
Thave the right to make payments of Principal at any time before they are due. A payment of Principal only is known
as a “Prepayment.” When | make a Prepayment, | will tell the Note Holder in writing that! am doing so. ! may not designate
a payment as a Prepayment if| have not made all the monthly payments due under the Note.
Tmay make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use
my Prepayments to reduce the amount of Principal that | owe under this Note. However, the Note Holder may apply my
Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the
Principal amount of the Note. If | make a partial Prepayment, there will be no changes in the due date or in the amount of
my monthly payment unless the Note Holder agrees in writing to those changes.
5. LOAN CHARGES
Ifa law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or
other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such
loan charge shail be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already
collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund
by reducing the Principal 1 owe under this Note or by making a direct payment to me. If a refund reduces Principal, the
reduction will be treated as a partial Prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after
the date it is due, | will pay a late charge to the Note Holder. The amount of the charge will be 4.000 % of my overdue
payment of principal and interest. | will pay this late charge promptly but only once on each late payment.
(8) Default
If do not pay the full amount of each monthly payment on the date it is due, | will be in default
(C) Notice of Default
{fam in default, the Note Holder may send me a written notice telling me that if | do not pay the overdue amount by a
certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and
FLORIDA FIXED RATE NOTE - Single Family ~ Fannie Mae/Freddie Mac UNIFORM INSTRUMENT. Form 3210 4/01
Modified for FHA 9/15 (rev. 2/16)
Ellie Mae, inc. Page 1 of 2 FHA3200FLNT 0216
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e e
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alll the interest that | owe on that amount. That date must be at least 30 days after the date on which the notice is mailed
to me or delivered ‘other means.
(0) No Waiver By Note Holder
Even if, at a time when | am in default, the Note Holder does not require me to pay immediately in full as described
above, the-Note Holder will still have the right to do so if | am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
Ifthe Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right
to be paid back by me for all ofits costs and expenses in enforcing this Note to the extent not prohibited by applicable law.
Those expenses include, for example, reasonable attorneys’ fees.
7. GIVING OF NOTICES
Unless applicable faw requires a different method, any notice that must be given to me under this Note will be given
by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if | give the
Note Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first
class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if | am given a notice of
that different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligatedto keep all of the promises made
in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this,
Note is also obligated to do these things, Any person who takes over these obligations, including the obligations of a guar-
antor, surety or endorserof this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may
enforce its rights under this Note against each person individually or against all of us together. This means that any one of
us may be required to pay all of the amounts owed under this Note.
9. WAIVERS.
t and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
‘Presentment’ jeans the right
to require the Note Holder to demand payment of amounts due. "Notice of Dishonor” means
the right to require the Note Holder to give notice to other persons that amounts due have not been paid.
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to
the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the “Security Instrument’), dated the same
date as this Note, protects the Note Holder from possible losses which might result if | do not keep the promises which |
make in this Note. That Security Instrument describes how and under what conditions | may be required to make immediate
payment in full of all amounts | owe under this Note. Some of those conditions are described as follows:
If all or any part of the Property or any interest in the Property is sold or transferred (or if Borrower is not
natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent,
Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option
shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide
a period of not less than 30 days from the date the notice is given in accordance with Section 14 within which
Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the
expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further
notice or demand on Borrower.
1 DOCUMENTARY TAX
The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED
-
(Seal)
ANDRE S’ EVE KIFFIN
Lend Paramount Resident 1 Mortgage Group, Inc,
NMLS It
Loan Originator: David Gosselin
{Sign Original Only}
FLORIDA FIXED RATE NOTE ~ Single Family — Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3210 4/01
Modified for FHA 9/15 (rev. 2/16)
Etlie Mae, nc. Page 2 of 2 FHAS200FLNT 0216
FHA3200NOT (CLS)
(04/04/2017 07:38 AM PST
®
-_
Payto the order of
without recourse this __. day of —
Freedom Mortgage Corporation
Stanley C. Middleman
President/Chief Executive Officer
o .
ALLONGE
——
Loan Date: 04/04/2017
Borrower(s): ANDRE ST. STEVE KIFFIN
Property Address: 2126 N 32ND AVE, HOLLYWOOD , FL 33021
Principal Balance: 319,113.00
PAY TO THE ORDER OF
FREEDOM MORTGAGE CORPORATION
Without Recourse
Company Name: PARAMOUNT RESIDENTIAL MORTGAGE GROUP, INC., A CALIFORNIA
CORPORATION
Kevin McHenry
: Director of Loan Accounting
By
Title
INSTR # 114304137 Page 1 of 9, Recorded 04/05/2017 at 11:19 AM
Broward County Commission, Doc M $1117.20 Int Tax $638.23 Deputy Clerk
ERECORD
When recorded, return to:
Paramount Residential Mortgage Group, Inc.
Attn: Post Closing Department
1265 Corona Pointe Court, Sulte 301
Corona, CA 92879
‘This document was prepared by:
demilat Kabiawu
PRMG
1265 Corona Pointe Ct
Corona, CA 92879
954-641-5626
~~ [Space Above This Line for Recording Data
MORTGAGE
MERS PHONE 4: 1-888-679-6377
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 10, 12, 17,
19 and 21. Certain rules regarding the usage of words used in this Gacument are also provided in Section 15,
4A) “Securi Instrument” means this document, which is dated April 4, 2017, together with all Riders
to this document,
(8) “Borrower"is ANDRE ST. STEVE KIFFIN, A SINGLE MAN,
Borrower is the mortgagor under this Security instrument.
{(C) "MERS" is Morigage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a
nominee for Lender and Lender’s successors and assigns. MERS is the mortgagee under this Security Instrument.
MERS is organized and existing under the laws of Delaware, , and has an address and telephone number of P.O. Box 2026,
Flint, Ml 48501-2026, tel. (888) 679-MERS.
{D) “Lender” is Paramount Residential Mortgage Group, Inc. .
Lenders a California Corporation, organized and existing
under the laws of California.
Lender's address is 1265 Corona Pointe Court, Suite 301, Corona , CA 92879
(€) “Note” means the promissory note signed by Borrower and dated April 4, 2017.
Borrower owes Lender THREE HUNDRED NINETEEN THOUSAND ONE HUNDRED THIRTEEN ‘The Note states that
AND NO/100° * * *
sheeeaseeereecsatercceeacsaectsrssareneetseersenress Dollars (U.S. $319,113,00
plus interest. Borrower has promised to pay this debt in regular Pericdic Payments and to pay the debt in full not later
than May 1, 2047.
(F) “Property” means the property that is described below under the heading "Transfer of Rights in the Property.”
{G)" oan” means the debt evidenced by the Note. pius interest and late charges due under the Note, and all sums due
under this Security Instrument, plus interest.
(H) “Riders” means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be
executed by Borrower [check box as applicable]
O Adjustable Rate Rider [7 Condominium Rider © Planned Unit Development Rider
© Other(s) {specify}
FLORIDA - Single Family ~ Fannie ‘Mac UNIFORM INSTRUMENT Form 3010 1704
‘Modified for FHA 912014 (HUD Handbook 4000.1}
‘Elie Mae, Inc. Page 1 of 9 FLEFHAISOE 0316
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INSTR # 114304137 Page 2 of 9
(1) “Applicable Law” means all controlling applicable federal, stale and local statutes, regulations, ordinances and
administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable [udi ial opinions.
() “Community Association Dues, Fees, and Assessments" means all dues, fees, assessments andother charges that
are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization.
{k) “Electronic Funds Transfer” means any transfer of funds, other than a transaction originated by check, draft,
similar paper instrument, which is initiated through an electronic terminal, telephonic Instrument, computer, or magneticor
tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, butis not
limited to, point-of-sale transfers, aulomated teller machine transactions, transfers iniliated by telephone, wire transfers,
and automated clearinghouse transfers.
(L) “Escrow Items” means those items that are described in Section 3.
{M) “Miscellaneous Proceeds” means any compensation, settiement, award of damages, or proceeds paid by any third
arly (other than insurance proceeds paid under the coverages described in Section 6) for: (i) damage to, or destruction
of, the Property, (ii) condemnation or other taking of all or any part of the Property: (ii) conveyance in lieu of condemnation;
‘oF (fv) misrepresentations of, or omissions as to, the value and/or condition of the Property.
{N) “Mortgage Insurance” means insurance protecting Lender against the nonpayment of, or default on, the Loan.
(0) "Periodic Payment” means the regularly scheduled amount due for (i) principal and interest under the Note, plus
(ii) any amounts under Section 3 of this Security Instrument.
(P) “RESPA” means the Real Estate Settlement Procedures Act (12 U.S.C, §2601 et seq.) and its implementing regulation,
Regulation X (12 C.F. Part 1024), as they might be amended from time to time, or any additional or successor legislation
or regulation that govems the same subject matter. As used in this Security Instrument, RESPA’ refers to all requirements
and restrictions that are imposed in regard to a “federally related mortgage loan” even if the Loan does not qualify as a
“federally related mortgage loan* under RESPA.
{Q) “Secretary” means the Secretary of the United States Department of Housing and Urban Development or his designee.
(R) “Successor in Interest of Borrower” means any party that has taken tile to the Property, whether or not that party
has assumed Borrower's obligations under the Note andior this Security instrument,
TRANSFER OF RIGHTS IN THE PROPERTY.
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifica-
tions of the Note; and (fi) the performance of Borrower's covenants and agreements under this Security Instrument and
the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender
and Lender's successors and assigns) and to the successors and assigns of MERS, with power of sale, the following
described property located in the County ‘of Broward
[Type of Recorsing Jurisdiction [Name of Recording Jurissiction|:
LOT 18, IN BLOCK 9, OF HOLLYWOOD HEIGHTS ADDITION SECTION THREE, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 59, AT PAGE 27, OF THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA.
APN #: 514208-09-0370
which currently has the address of 2126 N 32ND AVE, HOLLYWOOD,
[Street (City)
Florida 33021 ("Property Address"):
[Zip Codey
TOGETHER WITHallthe improvements naw or hereafter erected on the property, andall easements, appurtenances,
and fixtures now or hereafter a part of the properly. Al replacements and additions shall alsobe covered by this Security
Instrument. All of the foregoing is referred to in this Security Instrument as the “Property.” Borrower understands and
agfees that MERS holds only legal ttleto the interests granted by Borrower in this Security Instrument, but, if necessary
to comply with taw or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to
exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and lo take
any action required of Lender including, but not limited to, releasing and canceling this Security Instrument.
BORROWER COVENANTS that Borrower is lawtully seised of the estate hereby conveyed and has the right to
mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record.
Borrower warrants and will defend generally the tile to the Property against all claims and demands, subject to any
encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.
FLORIDA - Single Family — Fannie Mao/Froddio Mac UNIFORM INSTRUMENT Form 3010 1701
‘Modtted for FHA 9/2014 (HUD Hendbook 4000.1)
Elie Mae, inc. Page 2 of 8 FLEFHAISDE 0316
‘FLEDEED (CLS)
(0406/2017
07:98 AM PST
INSTR # 114304137 Page 3 of 9
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows a
4. Payment of Principal, interest, Escrow Items, and L: ate Charges. Borrower shall pay
of, and interest on, the debt evidenced by the Note and late charges due under the Note. Borrowerwhenshalllduealsothepayprincipal
funds
for Escrow items pursuant to Section 3. Payments due un \der the Note and this Security Instrument shall be made in
U.S. currency. However. if any check or other instrument received by Lender as payment under the
Instrument is retumed to Lender unpaid, Lender may requit ire that any ar all subsequent payments due Note or this Security
under the Note and
this Security Instrument be made in one or more of the fol llowing forms, as selected by Lender: (a) cash; () money order:
(0) certified check, bank check, treasurer's check or cashi ler's check, provided any such check is drawn upon an institution
‘whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lencer when recei ived at the location designated in the Note
location as may be designated by Lender In accordance wit! th the notice provisions in Section 14. Lender ormayat such other
Payment or partial paymen t or partial paymentsare insuffic ientto bring the Loan current. Lender mayreturnaccept
if the payment any
any payment or partial payment insufficient to bring the Loan current, wi ithout waiver of any rights hereunder or prejudice
to its rights to refuse such payment or partial payments in the future, b wut Lender is not obligated to apply such payments
al the time such payments are accepted. If each Periodic Payment is applied as of Its scheduled due date, then Lender
need not pay intereston unapplied funds. Lender may y hold such unapplied funds until Borrower makes paymentto bring
the Loan current. if Borrower does net do so within @ reasonable period of time, Lender shalll either apply such funds or
return them to Borrower. If not applied earlier, , Such funds will be applied to the outstanding principal balance under the
‘Note immediately prior to foreclosure. No offs ef or claim which Borrower mi ight have now or in the future against Lender
‘shall relieve Borrower from making payments due under the Note and this S jecurity Instrument
or performing the covenants
and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, ali payments accepted
‘and applied by Lender shall be applied in the following order of priority:
First, to the Mortgage Insurance premiums to be paid by Lender to the Secretary or the monthly charge by the
etary instead of the monthly mortgage insurance premiums; Sec-
Second, to any taxes, special assessments, , leasehold payments or ground rents, and fire, flood and other hazard
insurance premiums, ss required:
Third, to interest due unger the Note;
Fourth, to amortization of the principal of the Note; and,
Fifth, to late charges due under the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall
not extend or postpone the due date, or change the amount, of the Periodic Payments,
3. Funds for Escrow Items, Borrower shall pay to Lender on the day Periodic Payments are due under the Note,
Until the Note is paid in full, a sum (the “Funds*) to provide for payment of amounts due for: (a) taxes and assessments and
ther items which can attain priority over this Security Instrument as a len
payments or ground rents on the Proper ty, if any; (¢) premiums for any and orall encumbrance on the Property; (b) leasehold
insurance required by Lender under Section
5; and (d) Mortgage Insurance premiums, to be paid by Lender to the Sect retary or the monthly charge by the Secretary
instead of the monthly Mortgage Insurance premiums. These items are call led "Escrow items.’ ” At origination or at any time
during the term of the Loan, Lender may require that Community Association Dues, Fees, and
escrowe d and such dues, fees and assessments shall be an Escrow Item, Bot rower Assessments,
by Borrower, if any, be
shall promptly furnish to
Lender all notices of amounts to be paid under this Section. Borrawer shall pay Lender the Fundsfor Escrow items unless
Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation
to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only ‘be In writing. in the event
of such
waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of
Funds has been waived by Lender and, if Lender rev squires, shail furnish to Lender receipts evidencing such payment within.
such time period as Lender may require. Borrower's 's obligation to make such payments and to provide receipts shall for all
purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase “covenant and
agreement’ is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to @ waiver, and Borrower
{ails to pay the amount
due for an Escrow Item, Lender may exercise its rights under Section
Borrower shail then be obligated under Section 9 to repay to Lender any such amount. Lender 9mayand revoke
pay such amount and
the waiver as to
any or all Escrow items at any time by a notice given in accordance with Section 14 and, upon such revocation, Borrower
‘shail payto Lender all Funds, and in such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lenderto apply the Funds at
the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA; Lender
shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future
Escrow items or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
{including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home instrumentality, or enti
Loan Bank. Lender shall
apply the Funds to pay the Escrow Items no later than the time specified under RESPA, Lender shall not charge Borrower
for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow lems, unless Lender
Pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is
‘made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be requiredto pay Borrower
any interest or earnings on the Funds. Borrower and Lender can agree in writing. however, that interest shall be paid
the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA,on
{there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall accountto Borrower for the excess
funds in accordance with RESPA, If there is a shortage of Funds held in escrow. as defined under RESPA, Lender shall
notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to makeup the shortage
in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow,
defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amountas
necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
FLORIDA — Single Family - Fannie Mao/Freddie Mac UNIFORM INSTRUMENT. Form 3010 4104
‘Modifed for FHA 9/2014 (HUD Handbook 4000.1
Eile Mae, tne, Page 3 of 9 FLEFHAISDE 0316
FLEDEED (CLS)
(04/04/201707:98 AM PST
INSTR # 114304137 Page 4 of 9
‘Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund fo Borrower any
Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions
Property which can attain priority over this Security instrument, leasehold payments or ground rents onattributable to the
the Property,
any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items,if
Borrower shall pay them in the manner proviced in Section 3.
Borrower shall promplly discharge any lien which has pnority overthis Security Instrument unless
in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, Borrower: (a) agrees
but only so long as
Borrower is performing such agreement: (b) contests the lien in good faith by, or defends against enforcement of the lien
in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings
are pending, but only until such proceedings are concluded, or (c) secures from the holder of the lien an agreement sat-
isfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property
is subject to a tien which can attain priority over this Securit ty Instrument, Lender may give Borrower a notice identifying
the lien. Within 10 days of the date on which that notice is given, Sorrower shall satisfy the lien or take one or more of
the actions set forth above in this Section 4.
5. Property Insurance, Borrower shall kee; p Ihe improvements now existing or-hereafter erected on the Property
insured against loss by fire, hazards included within the term “extended coverage,” and any other hazards including, but not
limited to. earthquakes and floods, for which Lender require insurance, This insurance shail be maintained in the amounts
and for the periods that Lender re quires. What Lender requires pursuantthe preceding sen-
{Including deductible levels)
Tences can change during the term of the Loan. The insuranc carrier providing the insurance shall be fochosen by Borrower
‘subject fo Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may
Jequire Borrowerto pay, in connection with this Loan, either: (a) a one-time charge flood zone determination, certifica-
tion and tracking services; or (b) @ one-time charge for flood zone determination and forcertification servic and subsequent
es
charges each time remappings or similar changes occur which reascnably i affect such determination or certification.
Borrower shail also be responsible for the paym: ent of any fees imposed by the Federal Emergency Management Agency
in connection with the review of any flood zone determination resulting from an objection by
f Borrower fails to maintain any of the coverages described above, , Lender may obtain insurance coverage, at Lender's
option and Borrower's expense. Lender is under no obli igation to purchase any particular type or amount of coveragi
‘Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property,
‘or the contents of the Property, against any risk, hazard or liabil ity and might provide greater or lesser coverage than
was previously in effect. Borrower acknowledges that the cost of the insurance cove /eTage so obtained might significantly
exceed the cost of insurance that Borrower could have obtained, Any amounts disbt ursed by Lender under this Section 5
shall become additional debt of Borrower secured by this Security Instrument. These amounts shail bear interest at the
Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower
requesting payment.
Alllinsurance policies required by ender and renewals of such policies shall be subject to Lender's
such policies, shail include 2 standard mortgage clause, and shall ame Lender as mortgagee and/orrightas toan disapproveadditional
loss payee. Lender shall have the right to hold the policies and renewal certificates.
promptly give to'Lender all receipts of paid premiums and renewal notices. if BorrowerIf Lender obtains
requires, Borrower shall
coverage, nol otherwise required by Lender, for damage to, or destruction of, the Property, such anypolicy form of insurance
standard morgage clause and shail name Lender as mortgagee and/or as an additional loss payee. shall include a
{n the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof
of loss if not made promptly by Borrower. Unless Lender and Borrawer other wise agree in writing, any insurance pro-
ceeds, whether or not the underlying insurance was required by Lender, shi ‘all be applied to restoration or repair of the
Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair
and rest
Preview
Case Number: CACE-19-021666 Division: 11 Filing # 97519994 E-Filed 10/18/2019 01:40:20 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. FREEDOM MORTGAGE CORPORATION, Plaintiff, vs. ANDRE ST. STEVE KIFFIN A/K/A A. KIFFIN; UNKNOWN SPOUSE OF ANDRE ST. STEVE KIFFIN A/K/A A KIFFIN, Defendant(s). / VERIFIED COMPLAINT FOR FORECLOSURE OF MORTGAGE Plaintiff, FREEDOM MORTGAGE CORPORATION, sues the Defendants and alleges: COUNT I-MORTGAGE FORECLOSURE 1 This is an action to foreclose a mortgage on real property in BROWARD County, Florida. 2 The Court has jurisdiction over the subject matter. 3 On April 4, 2017, ANDRE ST. STEVE KIFFIN A/K/A A. KIFFIN executed and delivered a promissory note and a mortgage securing payment of the note to PARAMOUNT RESIDENTIAL MORTGAGE GROUP, INC. A copy of the note is attached hereto as Exhibit “A”, The Mortgage was recorded on April 5, 2017, at Instrument 114304137, of the Public Records of Broward County, Florida, and mortgaged the property described in the mortgage then owned by the Mortgagor(s). A copy of the mortgage is attached hereto as Exhibit “B”. PAGE 1 19-376234 - D'M #** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/18/2019 01:40:18 PM.*##* 4 The Plaintiff's Mortgage is a lien superior in dignity to any prior or subsequent right, title, claim, lien, or interest of any defendant in this action, including but not limited to, any interest arising out of Mortgagor(s) or Mortgagor(s)' predecessor(s) and/or successors in interest. 5 Plaintiff is the holder of the original note secured by the mortgage. 6. Defendant(s) have defaulted under the Note and Mortgage by failing to pay the payment due May 1, 2019, and all subsequent payments. 7 Plaintiff declares the full amount payable under the Note and Mortgage to be due, except to the extent any part of that amount is or would be subject to a statute of limitations defense. 8 Pursuant to the terms of the note and mortgage, and except for those Defendants who have been discharged in bankruptcy, Defendant(s) owe Plaintiff $308,536.68 that is due and owing on principal on the Note and Mortgage, plus interest from and after April 1, 2019, and title search expenses for ascertaining necessary parties to this action. 9. In order to protect its security, the Plaintiff may have advanced and paid Ad Valorem Taxes, premiums on insurance required by the Mortgage and other necessary costs, or may be required to make such advances during the pendency of this action. Any such sum(s) so paid will also be due and owing pursuant to the terms of the note and mortgage. 10. The property is now owned by Defendant(s), ANDRE ST. STEVE KIFFIN A/K/A A. KIFFIN, if living and, if dead, the unknown spouses, heirs, and beneficiaries of ANDRE ST. STEVE KIFFIN A/K/A A. KIFFIN who now hold(s) possession. li. All conditions precedent to the acceleration of this note and mortgage and to foreclosure of the mortgage have occurred, been satisfied or been waived. 12. Plaintiff is obligated to pay its attorneys a reasonable fee for their services. Plaintiff is entitled to recover its attorneys’ fees pursuant to the express terms of the Note and Mortgage. PAGE 2 19-376234 - D'M 13, Plaintiff alleges that the claims of the remaining Defendants are secondary, junior, inferior and subject to the prior claim of Plaintiff. 14, Defendant, UNKNOWN SPOUSE OF ANDRE ST. STEVE KIFFIN A/K/A A. KIFFIN, may claim some right, title, or interest in the property herein sought to be foreclosed by virtue of homestead rights, possession or some other unknown interest, the exact nature of which is unknown to Plaintiff and not a matter of public record. However, said interest, if any, is subordinate, junior, and inferior to the lien of Plaintiffs mortgage. WHEREFORE, Plaintiff demands judgment foreclosing the mortgage, for costs (and, when applicable, attorneys' fees), and, if the proceeds of the sale are insufficient to pay Plaintiff's judgment, Plaintiff asks the court to reserve jurisdiction to determine whether a deficiency is appropriate, in the event it is sought. Subject to any applicable statute of limitations, Plaintiff further requests that the Court ascertain the amount due to Plaintiff for principal and interest on the Mortgage and Note, and for late charges, abstracting, taxes, expenses and costs, including attomey's fees, plus interest thereon. If the sums due Plaintiff under the Mortgage and Note are not paid immediately, Plaintiff requests that the Court foreclose the Mortgage and the Clerk of the Court sell the Property securing the indebtedness to satisfy the Plaintiff's mortgage lien in accordance with the provisions of Florida Statutes §45.031 (2006); and that the rights, title and interest of any Defendant, or any party claiming by, through, under or against any Defendant named herein or hereinafter made a Defendant be forever barred and foreclosed. Plaintiff further requests, where applicable, that the Court appoint a receiver of the Property and of the rents, issues, income and profits thereof, or in the alternative, order sequestration of rents, issues, income and profits pursuant to Florida Statutes §697.07 (2006); and that the Court retain jurisdiction of this action to make any and all further orders and judgments as may be necessary PAGE 3 19-376234 - D'M and proper, including the issuance of a writ of possession and the entry of a deficiency judgment decree, when and if such deficiency decree shall appear proper, provided Borrower(s) has/have not been discharged in bankruptcy. Finally, Plaintiff asks the Court to retain jurisdiction to resolve disputes that might arise with respect to assessments due or allegedly due to any Homeowners or Condominium Association, if applicable. VERIFICATION OF COMPLAINT Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief. Executed on this _ (x day of ___ October _20ff. By: __ Print Name: _(, Title: Fel i peeled Company: FREEDOM CORPORATION ROBERTSON, ANSCHUTZ & SCHNEID, P.L. Attorney for Plaintiff 6409 Congress Ave., Suite 100 Boca Raton, FL 33487 Telephone: 561-241-6901 Facsimile: Emat al flaw.com () lelissa Konick, Esq., FL Bar No. 17569, Email Address: mkonick@rasflaw.com # dy Manswell, Esq., FL Bar No. 12027, Email Address: wmanswell@rasflaw.com Rosemarie Wildman, Esq., FL Bar No. 645869, Email Address: rwildman@rasflaw.com Gweneth Brimm, Esq., FL Bar No. 727601, Email Address: gbrimm@rasflaw.com [ ] Alecia Daniel, Esq., FL Bar No. 36955, Email Address: adaniel@rasflaw.com [ ] Abraham Vais, Esq., FL Bar No. 119809, Email Address: avais@rasflaw.com PAGE 4 19-376234 - D' we oo -* ORIGINA NOTE April 4, 2017 PLANTATION, Florida [Date] [City] [State] 2126 N 32ND AVE, HOLLYWOOD, FL 33021 [Property Address} 1 BORROWER'S PROMISE TO PAY in return for a loan that | have received, | promise to pay U.S. $319,113.00{this amount is called "Principat’), plus interest, to the order of the Lender. The Lender is Paramount Residential Mortgage Group, Inc., a Califorr Corporation. twill make all payments under this Note in the form of cash, check or money order. l understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder.” 2. INTEREST Interest will be charged on unpaid principal until the full ammount of Principal has been paid. | will pay interest at a yearly rate of 4.500 %. The interest rate required by this Section 2 is the rate | will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS, (A) Time and Place of Payments { will pay principal and interest by making a payment every month 1 will make my monthly payment on the 1st day of each month beginning on June 1, 2017. Iwill make these payments every month until | have paid all of the principal and interest and any other charges described below that | may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest and any other items in the order described in the Security Instrument before Principal. If, on May 1, 2047, 1 still owe amounts under this Note, | will pay those amounts in full on that date, which is called the “Maturity Date." Iwill make my monthly payments at 1265 Corona Pointe Court, Suite 301 Corona , CA 92879 or ata different place if required by the Note Holder. (8) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $1,616.90. 4, BORROWER'S RIGHT TO PREPAY Thave the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a “Prepayment.” When | make a Prepayment, | will tell the Note Holder in writing that! am doing so. ! may not designate a payment as a Prepayment if| have not made all the monthly payments due under the Note. Tmay make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that | owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If | make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES Ifa law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shail be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal 1 owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, | will pay a late charge to the Note Holder. The amount of the charge will be 4.000 % of my overdue payment of principal and interest. | will pay this late charge promptly but only once on each late payment. (8) Default If do not pay the full amount of each monthly payment on the date it is due, | will be in default (C) Notice of Default {fam in default, the Note Holder may send me a written notice telling me that if | do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and FLORIDA FIXED RATE NOTE - Single Family ~ Fannie Mae/Freddie Mac UNIFORM INSTRUMENT. Form 3210 4/01 Modified for FHA 9/15 (rev. 2/16) Ellie Mae, inc. Page 1 of 2 FHA3200FLNT 0216 7 FHAS200NOT (CLS) 0404/2017 07:98 AM PST e e “- - alll the interest that | owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered ‘other means. (0) No Waiver By Note Holder Even if, at a time when | am in default, the Note Holder does not require me to pay immediately in full as described above, the-Note Holder will still have the right to do so if | am in default at a later time. (E) Payment of Note Holder's Costs and Expenses Ifthe Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all ofits costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys’ fees. 7. GIVING OF NOTICES Unless applicable faw requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if | give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if | am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligatedto keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this, Note is also obligated to do these things, Any person who takes over these obligations, including the obligations of a guar- antor, surety or endorserof this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS. t and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. ‘Presentment’ jeans the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor” means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the “Security Instrument’), dated the same date as this Note, protects the Note Holder from possible losses which might result if | do not keep the promises which | make in this Note. That Security Instrument describes how and under what conditions | may be required to make immediate payment in full of all amounts | owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any interest in the Property is sold or transferred (or if Borrower is not natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 14 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 1 DOCUMENTARY TAX The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED - (Seal) ANDRE S’ EVE KIFFIN Lend Paramount Resident 1 Mortgage Group, Inc, NMLS It Loan Originator: David Gosselin {Sign Original Only} FLORIDA FIXED RATE NOTE ~ Single Family — Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3210 4/01 Modified for FHA 9/15 (rev. 2/16) Etlie Mae, nc. Page 2 of 2 FHAS200FLNT 0216 FHA3200NOT (CLS) (04/04/2017 07:38 AM PST ® -_ Payto the order of without recourse this __. day of — Freedom Mortgage Corporation Stanley C. Middleman President/Chief Executive Officer o . ALLONGE —— Loan Date: 04/04/2017 Borrower(s): ANDRE ST. STEVE KIFFIN Property Address: 2126 N 32ND AVE, HOLLYWOOD , FL 33021 Principal Balance: 319,113.00 PAY TO THE ORDER OF FREEDOM MORTGAGE CORPORATION Without Recourse Company Name: PARAMOUNT RESIDENTIAL MORTGAGE GROUP, INC., A CALIFORNIA CORPORATION Kevin McHenry : Director of Loan Accounting By Title INSTR # 114304137 Page 1 of 9, Recorded 04/05/2017 at 11:19 AM Broward County Commission, Doc M $1117.20 Int Tax $638.23 Deputy Clerk ERECORD When recorded, return to: Paramount Residential Mortgage Group, Inc. Attn: Post Closing Department 1265 Corona Pointe Court, Sulte 301 Corona, CA 92879 ‘This document was prepared by: demilat Kabiawu PRMG 1265 Corona Pointe Ct Corona, CA 92879 954-641-5626 ~~ [Space Above This Line for Recording Data MORTGAGE MERS PHONE 4: 1-888-679-6377 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 10, 12, 17, 19 and 21. Certain rules regarding the usage of words used in this Gacument are also provided in Section 15, 4A) “Securi Instrument” means this document, which is dated April 4, 2017, together with all Riders to this document, (8) “Borrower"is ANDRE ST. STEVE KIFFIN, A SINGLE MAN, Borrower is the mortgagor under this Security instrument. {(C) "MERS" is Morigage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender’s successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, , and has an address and telephone number of P.O. Box 2026, Flint, Ml 48501-2026, tel. (888) 679-MERS. {D) “Lender” is Paramount Residential Mortgage Group, Inc. . Lenders a California Corporation, organized and existing under the laws of California. Lender's address is 1265 Corona Pointe Court, Suite 301, Corona , CA 92879 (€) “Note” means the promissory note signed by Borrower and dated April 4, 2017. Borrower owes Lender THREE HUNDRED NINETEEN THOUSAND ONE HUNDRED THIRTEEN ‘The Note states that AND NO/100° * * * sheeeaseeereecsatercceeacsaectsrssareneetseersenress Dollars (U.S. $319,113,00 plus interest. Borrower has promised to pay this debt in regular Pericdic Payments and to pay the debt in full not later than May 1, 2047. (F) “Property” means the property that is described below under the heading "Transfer of Rights in the Property.” {G)" oan” means the debt evidenced by the Note. pius interest and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) “Riders” means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable] O Adjustable Rate Rider [7 Condominium Rider © Planned Unit Development Rider © Other(s) {specify} FLORIDA - Single Family ~ Fannie ‘Mac UNIFORM INSTRUMENT Form 3010 1704 ‘Modified for FHA 912014 (HUD Handbook 4000.1} ‘Elie Mae, Inc. Page 1 of 9 FLEFHAISOE 0316 = FLEDEED (CLS) (04/04/2017 07:38 AM PST INSTR # 114304137 Page 2 of 9 (1) “Applicable Law” means all controlling applicable federal, stale and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable [udi ial opinions. () “Community Association Dues, Fees, and Assessments" means all dues, fees, assessments andother charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. {k) “Electronic Funds Transfer” means any transfer of funds, other than a transaction originated by check, draft, similar paper instrument, which is initiated through an electronic terminal, telephonic Instrument, computer, or magneticor tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, butis not limited to, point-of-sale transfers, aulomated teller machine transactions, transfers iniliated by telephone, wire transfers, and automated clearinghouse transfers. (L) “Escrow Items” means those items that are described in Section 3. {M) “Miscellaneous Proceeds” means any compensation, settiement, award of damages, or proceeds paid by any third arly (other than insurance proceeds paid under the coverages described in Section 6) for: (i) damage to, or destruction of, the Property, (ii) condemnation or other taking of all or any part of the Property: (ii) conveyance in lieu of condemnation; ‘oF (fv) misrepresentations of, or omissions as to, the value and/or condition of the Property. {N) “Mortgage Insurance” means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment” means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) “RESPA” means the Real Estate Settlement Procedures Act (12 U.S.C, §2601 et seq.) and its implementing regulation, Regulation X (12 C.F. Part 1024), as they might be amended from time to time, or any additional or successor legislation or regulation that govems the same subject matter. As used in this Security Instrument, RESPA’ refers to all requirements and restrictions that are imposed in regard to a “federally related mortgage loan” even if the Loan does not qualify as a “federally related mortgage loan* under RESPA. {Q) “Secretary” means the Secretary of the United States Department of Housing and Urban Development or his designee. (R) “Successor in Interest of Borrower” means any party that has taken tile to the Property, whether or not that party has assumed Borrower's obligations under the Note andior this Security instrument, TRANSFER OF RIGHTS IN THE PROPERTY. This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifica- tions of the Note; and (fi) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, with power of sale, the following described property located in the County ‘of Broward [Type of Recorsing Jurisdiction [Name of Recording Jurissiction|: LOT 18, IN BLOCK 9, OF HOLLYWOOD HEIGHTS ADDITION SECTION THREE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 59, AT PAGE 27, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. APN #: 514208-09-0370 which currently has the address of 2126 N 32ND AVE, HOLLYWOOD, [Street (City) Florida 33021 ("Property Address"): [Zip Codey TOGETHER WITHallthe improvements naw or hereafter erected on the property, andall easements, appurtenances, and fixtures now or hereafter a part of the properly. Al replacements and additions shall alsobe covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the “Property.” Borrower understands and agfees that MERS holds only legal ttleto the interests granted by Borrower in this Security Instrument, but, if necessary to comply with taw or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and lo take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawtully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the tile to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. FLORIDA - Single Family — Fannie Mao/Froddio Mac UNIFORM INSTRUMENT Form 3010 1701 ‘Modtted for FHA 9/2014 (HUD Hendbook 4000.1) Elie Mae, inc. Page 2 of 8 FLEFHAISDE 0316 ‘FLEDEED (CLS) (0406/2017 07:98 AM PST INSTR # 114304137 Page 3 of 9 UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows a 4. Payment of Principal, interest, Escrow Items, and L: ate Charges. Borrower shall pay of, and interest on, the debt evidenced by the Note and late charges due under the Note. Borrowerwhenshalllduealsothepayprincipal funds for Escrow items pursuant to Section 3. Payments due un \der the Note and this Security Instrument shall be made in U.S. currency. However. if any check or other instrument received by Lender as payment under the Instrument is retumed to Lender unpaid, Lender may requit ire that any ar all subsequent payments due Note or this Security under the Note and this Security Instrument be made in one or more of the fol llowing forms, as selected by Lender: (a) cash; () money order: (0) certified check, bank check, treasurer's check or cashi ler's check, provided any such check is drawn upon an institution ‘whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lencer when recei ived at the location designated in the Note location as may be designated by Lender In accordance wit! th the notice provisions in Section 14. Lender ormayat such other Payment or partial paymen t or partial paymentsare insuffic ientto bring the Loan current. Lender mayreturnaccept if the payment any any payment or partial payment insufficient to bring the Loan current, wi ithout waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, b wut Lender is not obligated to apply such payments al the time such payments are accepted. If each Periodic Payment is applied as of Its scheduled due date, then Lender need not pay intereston unapplied funds. Lender may y hold such unapplied funds until Borrower makes paymentto bring the Loan current. if Borrower does net do so within @ reasonable period of time, Lender shalll either apply such funds or return them to Borrower. If not applied earlier, , Such funds will be applied to the outstanding principal balance under the ‘Note immediately prior to foreclosure. No offs ef or claim which Borrower mi ight have now or in the future against Lender ‘shall relieve Borrower from making payments due under the Note and this S jecurity Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, ali payments accepted ‘and applied by Lender shall be applied in the following order of priority: First, to the Mortgage Insurance premiums to be paid by Lender to the Secretary or the monthly charge by the etary instead of the monthly mortgage insurance premiums; Sec- Second, to any taxes, special assessments, , leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, ss required: Third, to interest due unger the Note; Fourth, to amortization of the principal of the Note; and, Fifth, to late charges due under the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments, 3. Funds for Escrow Items, Borrower shall pay to Lender on the day Periodic Payments are due under the Note, Until the Note is paid in full, a sum (the “Funds*) to provide for payment of amounts due for: (a) taxes and assessments and ther items which can attain priority over this Security Instrument as a len payments or ground rents on the Proper ty, if any; (¢) premiums for any and orall encumbrance on the Property; (b) leasehold insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, to be paid by Lender to the Sect retary or the monthly charge by the Secretary instead of the monthly Mortgage Insurance premiums. These items are call led "Escrow items.’ ” At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and escrowe d and such dues, fees and assessments shall be an Escrow Item, Bot rower Assessments, by Borrower, if any, be shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrawer shall pay Lender the Fundsfor Escrow items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only ‘be In writing. in the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender rev squires, shail furnish to Lender receipts evidencing such payment within. such time period as Lender may require. Borrower's 's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase “covenant and agreement’ is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to @ waiver, and Borrower {ails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section Borrower shail then be obligated under Section 9 to repay to Lender any such amount. Lender 9mayand revoke pay such amount and the waiver as to any or all Escrow items at any time by a notice given in accordance with Section 14 and, upon such revocation, Borrower ‘shail payto Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lenderto apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA; Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, {including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home instrumentality, or enti Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA, Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow lems, unless Lender Pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is ‘made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be requiredto pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing. however, that interest shall be paid the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA,on {there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall accountto Borrower for the excess funds in accordance with RESPA, If there is a shortage of Funds held in escrow. as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to makeup the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amountas necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. FLORIDA — Single Family - Fannie Mao/Freddie Mac UNIFORM INSTRUMENT. Form 3010 4104 ‘Modifed for FHA 9/2014 (HUD Handbook 4000.1 Eile Mae, tne, Page 3 of 9 FLEFHAISDE 0316 FLEDEED (CLS) (04/04/201707:98 AM PST INSTR # 114304137 Page 4 of 9 ‘Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund fo Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions Property which can attain priority over this Security instrument, leasehold payments or ground rents onattributable to the the Property, any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items,if Borrower shall pay them in the manner proviced in Section 3. Borrower shall promplly discharge any lien which has pnority overthis Security Instrument unless in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, Borrower: (a) agrees but only so long as Borrower is performing such agreement: (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded, or (c) secures from the holder of the lien an agreement sat- isfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a tien which can attain priority over this Securit ty Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Sorrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. 5. Property Insurance, Borrower shall kee; p Ihe improvements now existing or-hereafter erected on the Property insured against loss by fire, hazards included within the term “extended coverage,” and any other hazards including, but not limited to. earthquakes and floods, for which Lender require insurance, This insurance shail be maintained in the amounts and for the periods that Lender re quires. What Lender requires pursuantthe preceding sen- {Including deductible levels) Tences can change during the term of the Loan. The insuranc carrier providing the insurance shall be fochosen by Borrower ‘subject fo Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may Jequire Borrowerto pay, in connection with this Loan, either: (a) a one-time charge flood zone determination, certifica- tion and tracking services; or (b) @ one-time charge for flood zone determination and forcertification servic and subsequent es charges each time remappings or similar changes occur which reascnably i affect such determination or certification. Borrower shail also be responsible for the paym: ent of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by f Borrower fails to maintain any of the coverages described above, , Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obli igation to purchase any particular type or amount of coveragi ‘Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, ‘or the contents of the Property, against any risk, hazard or liabil ity and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance cove /eTage so obtained might significantly exceed the cost of insurance that Borrower could have obtained, Any amounts disbt ursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shail bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. Alllinsurance policies required by ender and renewals of such policies shall be subject to Lender's such policies, shail include 2 standard mortgage clause, and shall ame Lender as mortgagee and/orrightas toan disapproveadditional loss payee. Lender shall have the right to hold the policies and renewal certificates. promptly give to'Lender all receipts of paid premiums and renewal notices. if BorrowerIf Lender obtains requires, Borrower shall coverage, nol otherwise required by Lender, for damage to, or destruction of, the Property, such anypolicy form of insurance standard morgage clause and shail name Lender as mortgagee and/or as an additional loss payee. shall include a {n the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrawer other wise agree in writing, any insurance pro- ceeds, whether or not the underlying insurance was required by Lender, shi ‘all be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and rest