Preview
Filing # 56309329 E-Filed 05/11/2017 01:36:46 PM
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT, IN AND FOR
ORANGE COUNTY, FLORIDA
CASE NO.:
DIVISION:
VSE Vistana Villages, Inc. f/k/a SVO Vistana Villages, Inc.,
a Florida Corporation,
Plaintiff,
vs.
Cynthia A. Betia
Defendants.
____________________________________________/
COMPLAINT TO FORECLOSE MORTGAGE AS TO DEFENDANT CYNTHIA A. BETIA
The Plaintiff, VSE Vistana Villages, Inc. f/k/a SVO Vistana Villages, Inc., a Florida Corporation, ("Plaintiff"),
by and through its undersigned attorneys, sues the Defendants, Cynthia A. Betia:
1. A FLORIDA CORPORATION:
Plaintiff is a Florida Corporation authorized to conduct business in the State of Florida.
2. IN REM FORECLOSURE RIGHTS:
In filing this action, Plaintiff is not attempting to recover any money from the Defendants or to obtain a
money judgment against the Defendants, but is only pursuing its in rem foreclosure rights.
3. JURISDICTION OF THE COURT:
This is an action to foreclose a mortgage on real property located in Orange County, Florida.
4. VENUE:
Venue is proper in Orange County, Florida as it is where the cause of action accrued and where the property
subject to this litigation is located.
5. OWNERS OF PROPERTY:
Defendant, Cynthia A. Betia (hereinafter referred to as "Defendant"), resides in Mt. Royal, NJ United States
of America and owns the property.
6. LEGAL DESCRIPTION OF PROPERTY:
The Property that is the subject of this litigation is located in Orange County, Florida and described as:
Unit Week 32, in Unit 03406, an Annual Unit Week in Bella Florida Condominium, pursuant to the
Declaration of Condominium as recorded inOfficialRecords Book 6222, Page 1987, Public Records of
Orange County, Florida and all amendments thereof and supplements thereto ('Declaration'). (Contract No.:
15-01-714404)
Ref# 17-007182_EMS
7. CONDITIONS PRECEDENT:
All conditions precedent to the filing
of this action have occurred, have been performed or waived or
otherwise excused.
8. EXECUTION OF NOTE:
Pursuant to that certain promissory note ("Note"), Cynthia A. Betia became indebted to VSE Vistana
Villages, Inc. f/k/a SVO Vistana Villages, Inc., a Florida Corporation, in the principal amount reflected on the Note. A
true and accurate copy of the Note is attached hereto and incorporated herein by reference as Exhibit "A".
9. EXECUTION OF MORTGAGE:
On December 8,2006, Cynthia A. Betia executed and delivered a Mortgage securing payment toVSE
Vistana Villages,Inc. f/k/aSVO Vistana Villages,Inc., a Florida Corporation, of the Note (the "Mortgage"). The
Mortgage was recorded on January 4, 2007, in Official Records Book 09045, at Page 3723, of the Public Records of
Orange County, Florida. A true and accurate copy of the Mortgage is attached hereto and incorporated herein by
reference as Exhibit "B". The Mortgage encumbers the above described property.
10. ASSIGNMENT OF NOTE AND MORTGAGE:
Plaintiff owns the Note and Mortgage by virtue of an Assignment of Mortgage as recorded in the Official
Records of the Public Records of Orange County, Floridaand is entitledto enforce the Note and foreclose the
Mortgage.
11. DEFAULT ON NOTE AND MORTGAGE:
Cynthia A. Betia is in default under the Note and Mortgage (the Note and Mortgage hereinafter collectively
referred to as the "Lien") by failing to make the payment due on May 10, 2016, and all subsequent payments.
12. ACCELERATION OF NOTE:
Given Cynthia A. Betia's default, Plaintiff, pursuant to prior notification to Defendant, has accelerated the
Note and has declared the entire unpaid principal balance of the Note, together with accrued but unpaid interest
thereon, to be due and payable.
13. PRINCIPAL, INTEREST AND FEES:
Cynthia A. Betia owes Plaintiff
$1,441.89, the outstanding principal amount of the Note, plus accrued
interest under the Note as of February 15, 2017 in the amount of $79.24, which continues to accrue interest at a rate
of $0.00 per diem, late fees of $45.00, title search fees of $45.00.
14. ATTORNEYS' FEES AND COURT COSTS:
Plaintiff is obligated to pay Manley Deas Kochalski LLC a reasonable fee for their services. Pursuant to the
Lien, Plaintiff is entitled to recover attorney's fees and costs from Cynthia A. Betia. Reasonable attorney’s fees for this
foreclosure are $500.00.
Ref# 17-007182_EMS
15. SUPERIORITY OF PLAINTIFF:
The interests of the Defendant in the above described Property are subject to, subordinate, and inferior to
the right, title, interest, and the Lien of Plaintiff in the Property.
WHEREFORE, Plaintiff respectfully requests that the Court assume jurisdiction of the subject matter of this
action and the parties;the Court ascertain the amount of money due Plaintiff
in principal,interest,and allother
amounts pursuant to the Lien; the Court find that Plaintiff's Lien, and interest is superior to all liens, rights, title and
interest of any defendants, or any person claiming by or through them; the Court find that Cynthia A. Betia, and all
parties claiming any interest in the subject Property subsequent to the filing of the Notice of Lis Pendens be barred
and foreclosed of all right, title, interest, equity of redemption, or lien against the subject Property; the Court enter a
judgment foreclosing the Lien and Mortgage and ordering the subject Property sold pursuant to Section 45.031,
Florida Statutes; and the Court grant such other and further relief as is just and proper.
16. ATTACHMENT OF ASSIGNMENT(S):
Copies of the assignment(s) referenced herein above are attached hereto as Exhibit "C".
11
DATED this ______ May
day of ________________, 17
20_____.
/s/ Valerie N. Edgecombe Brown
Valerie N. Edgecombe Brown
(Florida Bar No.: 10193)
Manley Deas Kochalski LLC
P. O. Box 165028
Columbus, OH 43216-5028
Telephone: 407-404-5266
Telecopier: 614-220-5613
Email: vnbrown@manleydeas.com
Secondary: timeshares@manleydeas.com
Attorney for Plaintiff
Ref# 17-007182_EMS
EXHIBIT A
EXHIBIT B
MERS Reassignment
MERS toVSE VistanaVillages, Inc.
Orange County,Florida
Thisinstrument was preparedby:
VistanaPortfolio Services,Inc.
9002 San Marco Court
Orlando,Florida 32819
and shouldbe returnedto:
Chicago Title InsuranceCompany
National Timeshare Division
2400 MaitiandCenterParkway, Suite110
Maitland, Florida 32751
MIN:See ExhibitA
ASSIGNMENT OF MORTGAGES
KNOW ALL PERSONS BY THESE PRESENTS:
That MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a Delaware
corporation,whose address isP.O. Box 2026, Flint,Michigan, 48501-2026, Tel. 888-679-6377,
("Assignor"), as nominee for VSE VISTANA VILLAGES, INC., as lender, flk/aSVO Vistana
Villages,Inc.,with respect to the mortgages described on Exhibit"A" attached hereto, said
mortgages encumbering timeshare interestsin the timeshare condominium projects more
particularly described on Exhibit"A" attached hereto and by thisreference incorporatedherein,
forTEN AND NO/100 DOLLARS ($10.00) and other valuableconsiderationto itinhand paid by
VSE VISTANA VILLAGES, INC., a Florida corporation,f/k/a SVO Vistana Villages,Inc.,
("Assignee")whose address is9002 San Marco Court,Orlando, Florida32819, together with its
successors and assigns, the receiptwhereof is hereby acknowledged, does by these presents
assign and transferunto Assignee itsinterestinand to such mortgage(s),
TOGETHER WITH any and all rights accrued or to accrue or arising from said
mortgage(s).
SVV Page1of3 W!0A117(Rev. 0629-15)
EXHIBIT C
EXHIBIT "A"
The specificUnitWeeks encumbered by said Mortgages are identified inthe attached Schedule
A based on Loan Number. The firstset of numbers in the Loan Number isthe unitnumber of
the Unit Week. The firsttwo digitsof the second set of numbers in the Loan Number is the
week number of the Unit Week; with the thirddigitof the second set of numbers designating
whether the UnitWeek isan annual Unit Week (designated by the Letter "A"), an odd biennial
Unit Week the Letter "O") or an even biennialUnit Week (designated by the
(designated by
Letter "E").The thirdand finalset of numbers in the Loan Number represents the Account
Number of the UnitWeek, with the first digitinthe Account Number signifying the condominium
projectinwhich the unitis located,as follows:
FirstDigit Condominium Project
5 Key West Condominium
6 or 7 BellaFloridaCondominium
4 Amelia Resort Condominium
3 St.Augustine Resort Condominium
The 4 timeshare condominium projectsforthese mortgages are described as follows:
BELLA FLORIDA CONDOMINIUM
BELLA FLORIDA CONDOMINIUM, together with all appurtenances thereto,according and
of Condominium of Bella Florida Condominium, as recorded in
subject to the Declaration
Official Records Book 6222, Page 1987, Public Records of Orange County, Florida, and all
amendments thereofand supplements thereto,ifany.
KEY WEST CONDOMINIUM
KEY WEST CONDOMINIUM, together with allappurtenances thereto,according and subjectto
the Declarationof Condominium of Key West Condominium, as recorded in OfficialRecords
Book 8048, Page 0131, Public Records of Orange County, Florida, and allamendments thereof
and supplements thereto,ifany.
AMELIA RESORT CONDOMINIUM
AMELIA RESORT CONDOMINIUM, together with allappurtenances thereto,according and
of Amelia Resort as recorded in
subject to the Declaration of Condominium Condominium,
OfficialRecords Book 9231, 884, Public Records of Orange County, Florida, and all
Page
amendments thereofand supplements thereto, ifany.
ST. AUGUSTINE RESORT CONDOMINIUM
ST. AUGUSTINE RESORT CONDOMINIUM, together with all appurtenances thereto,
and to the Declaration of Condominium of St. Augustine Resort
according subject
Condominium, as recorded in OfficialRecords Book 9820, Page 1488, Public Records of
Orange County, Florida,and allamendments thereofand supplements thereto,ifany.
SW Page3of3 W!DA117(Rev. 06-2E-15)
EARL JENNY ZUBEN MIGUEL
LEON
KENNETH & RICARDO
OCTAVIA KENNETH CYNTHIA
REBECCA REBECCA DARLYNEPEREIRA
MATTHEW G G A
M M
MADDUX DUSSECK JOSEROBERTS ANGEL
BROWN
DUSSECK
PERSI KARNEZ
ADAM & BATZ BATZ JOSEE BETIA
BROWN BATZ BATZ JULIANA
& & & VON RIOS
25307-28A-313031 23408-20E-311045 05404-02E-720261
07404-24E-626230
23105-34AG-302280 14406-5000-514490
291078-23AP-408531 03306-4500-720121
03406-32AO-714404
11412007
2/1512013 2/912009 1212012011
3/4/2008 2/2512013 5128/2016 12/29120143/912015 Exhibi
A
9826 9616 10527 10925 10853 10885 9045
10523 10308
1910 0787 6883 2873 4207 3296 6701 7272 3723
100058000003239521
100058000004129267 100058000003981254 100068000004139233
100058000003115804 100058000004628730
100058000004633000 100058000004570395
100068000002810504
Preview
Filing # 56309329 E-Filed 05/11/2017 01:36:46 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CASE NO.: DIVISION: VSE Vistana Villages, Inc. f/k/a SVO Vistana Villages, Inc., a Florida Corporation, Plaintiff, vs. Cynthia A. Betia Defendants. ____________________________________________/ COMPLAINT TO FORECLOSE MORTGAGE AS TO DEFENDANT CYNTHIA A. BETIA The Plaintiff, VSE Vistana Villages, Inc. f/k/a SVO Vistana Villages, Inc., a Florida Corporation, ("Plaintiff"), by and through its undersigned attorneys, sues the Defendants, Cynthia A. Betia: 1. A FLORIDA CORPORATION: Plaintiff is a Florida Corporation authorized to conduct business in the State of Florida. 2. IN REM FORECLOSURE RIGHTS: In filing this action, Plaintiff is not attempting to recover any money from the Defendants or to obtain a money judgment against the Defendants, but is only pursuing its in rem foreclosure rights. 3. JURISDICTION OF THE COURT: This is an action to foreclose a mortgage on real property located in Orange County, Florida. 4. VENUE: Venue is proper in Orange County, Florida as it is where the cause of action accrued and where the property subject to this litigation is located. 5. OWNERS OF PROPERTY: Defendant, Cynthia A. Betia (hereinafter referred to as "Defendant"), resides in Mt. Royal, NJ United States of America and owns the property. 6. LEGAL DESCRIPTION OF PROPERTY: The Property that is the subject of this litigation is located in Orange County, Florida and described as: Unit Week 32, in Unit 03406, an Annual Unit Week in Bella Florida Condominium, pursuant to the Declaration of Condominium as recorded inOfficialRecords Book 6222, Page 1987, Public Records of Orange County, Florida and all amendments thereof and supplements thereto ('Declaration'). (Contract No.: 15-01-714404) Ref# 17-007182_EMS 7. CONDITIONS PRECEDENT: All conditions precedent to the filing of this action have occurred, have been performed or waived or otherwise excused. 8. EXECUTION OF NOTE: Pursuant to that certain promissory note ("Note"), Cynthia A. Betia became indebted to VSE Vistana Villages, Inc. f/k/a SVO Vistana Villages, Inc., a Florida Corporation, in the principal amount reflected on the Note. A true and accurate copy of the Note is attached hereto and incorporated herein by reference as Exhibit "A". 9. EXECUTION OF MORTGAGE: On December 8,2006, Cynthia A. Betia executed and delivered a Mortgage securing payment toVSE Vistana Villages,Inc. f/k/aSVO Vistana Villages,Inc., a Florida Corporation, of the Note (the "Mortgage"). The Mortgage was recorded on January 4, 2007, in Official Records Book 09045, at Page 3723, of the Public Records of Orange County, Florida. A true and accurate copy of the Mortgage is attached hereto and incorporated herein by reference as Exhibit "B". The Mortgage encumbers the above described property. 10. ASSIGNMENT OF NOTE AND MORTGAGE: Plaintiff owns the Note and Mortgage by virtue of an Assignment of Mortgage as recorded in the Official Records of the Public Records of Orange County, Floridaand is entitledto enforce the Note and foreclose the Mortgage. 11. DEFAULT ON NOTE AND MORTGAGE: Cynthia A. Betia is in default under the Note and Mortgage (the Note and Mortgage hereinafter collectively referred to as the "Lien") by failing to make the payment due on May 10, 2016, and all subsequent payments. 12. ACCELERATION OF NOTE: Given Cynthia A. Betia's default, Plaintiff, pursuant to prior notification to Defendant, has accelerated the Note and has declared the entire unpaid principal balance of the Note, together with accrued but unpaid interest thereon, to be due and payable. 13. PRINCIPAL, INTEREST AND FEES: Cynthia A. Betia owes Plaintiff $1,441.89, the outstanding principal amount of the Note, plus accrued interest under the Note as of February 15, 2017 in the amount of $79.24, which continues to accrue interest at a rate of $0.00 per diem, late fees of $45.00, title search fees of $45.00. 14. ATTORNEYS' FEES AND COURT COSTS: Plaintiff is obligated to pay Manley Deas Kochalski LLC a reasonable fee for their services. Pursuant to the Lien, Plaintiff is entitled to recover attorney's fees and costs from Cynthia A. Betia. Reasonable attorney’s fees for this foreclosure are $500.00. Ref# 17-007182_EMS 15. SUPERIORITY OF PLAINTIFF: The interests of the Defendant in the above described Property are subject to, subordinate, and inferior to the right, title, interest, and the Lien of Plaintiff in the Property. WHEREFORE, Plaintiff respectfully requests that the Court assume jurisdiction of the subject matter of this action and the parties;the Court ascertain the amount of money due Plaintiff in principal,interest,and allother amounts pursuant to the Lien; the Court find that Plaintiff's Lien, and interest is superior to all liens, rights, title and interest of any defendants, or any person claiming by or through them; the Court find that Cynthia A. Betia, and all parties claiming any interest in the subject Property subsequent to the filing of the Notice of Lis Pendens be barred and foreclosed of all right, title, interest, equity of redemption, or lien against the subject Property; the Court enter a judgment foreclosing the Lien and Mortgage and ordering the subject Property sold pursuant to Section 45.031, Florida Statutes; and the Court grant such other and further relief as is just and proper. 16. ATTACHMENT OF ASSIGNMENT(S): Copies of the assignment(s) referenced herein above are attached hereto as Exhibit "C". 11 DATED this ______ May day of ________________, 17 20_____. /s/ Valerie N. Edgecombe Brown Valerie N. Edgecombe Brown (Florida Bar No.: 10193) Manley Deas Kochalski LLC P. O. Box 165028 Columbus, OH 43216-5028 Telephone: 407-404-5266 Telecopier: 614-220-5613 Email: vnbrown@manleydeas.com Secondary: timeshares@manleydeas.com Attorney for Plaintiff Ref# 17-007182_EMS EXHIBIT A EXHIBIT B MERS Reassignment MERS toVSE VistanaVillages, Inc. Orange County,Florida Thisinstrument was preparedby: VistanaPortfolio Services,Inc. 9002 San Marco Court Orlando,Florida 32819 and shouldbe returnedto: Chicago Title InsuranceCompany National Timeshare Division 2400 MaitiandCenterParkway, Suite110 Maitland, Florida 32751 MIN:See ExhibitA ASSIGNMENT OF MORTGAGES KNOW ALL PERSONS BY THESE PRESENTS: That MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a Delaware corporation,whose address isP.O. Box 2026, Flint,Michigan, 48501-2026, Tel. 888-679-6377, ("Assignor"), as nominee for VSE VISTANA VILLAGES, INC., as lender, flk/aSVO Vistana Villages,Inc.,with respect to the mortgages described on Exhibit"A" attached hereto, said mortgages encumbering timeshare interestsin the timeshare condominium projects more particularly described on Exhibit"A" attached hereto and by thisreference incorporatedherein, forTEN AND NO/100 DOLLARS ($10.00) and other valuableconsiderationto itinhand paid by VSE VISTANA VILLAGES, INC., a Florida corporation,f/k/a SVO Vistana Villages,Inc., ("Assignee")whose address is9002 San Marco Court,Orlando, Florida32819, together with its successors and assigns, the receiptwhereof is hereby acknowledged, does by these presents assign and transferunto Assignee itsinterestinand to such mortgage(s), TOGETHER WITH any and all rights accrued or to accrue or arising from said mortgage(s). SVV Page1of3 W!0A117(Rev. 0629-15) EXHIBIT C EXHIBIT "A" The specificUnitWeeks encumbered by said Mortgages are identified inthe attached Schedule A based on Loan Number. The firstset of numbers in the Loan Number isthe unitnumber of the Unit Week. The firsttwo digitsof the second set of numbers in the Loan Number is the week number of the Unit Week; with the thirddigitof the second set of numbers designating whether the UnitWeek isan annual Unit Week (designated by the Letter "A"), an odd biennial Unit Week the Letter "O") or an even biennialUnit Week (designated by the (designated by Letter "E").The thirdand finalset of numbers in the Loan Number represents the Account Number of the UnitWeek, with the first digitinthe Account Number signifying the condominium projectinwhich the unitis located,as follows: FirstDigit Condominium Project 5 Key West Condominium 6 or 7 BellaFloridaCondominium 4 Amelia Resort Condominium 3 St.Augustine Resort Condominium The 4 timeshare condominium projectsforthese mortgages are described as follows: BELLA FLORIDA CONDOMINIUM BELLA FLORIDA CONDOMINIUM, together with all appurtenances thereto,according and of Condominium of Bella Florida Condominium, as recorded in subject to the Declaration Official Records Book 6222, Page 1987, Public Records of Orange County, Florida, and all amendments thereofand supplements thereto,ifany. KEY WEST CONDOMINIUM KEY WEST CONDOMINIUM, together with allappurtenances thereto,according and subjectto the Declarationof Condominium of Key West Condominium, as recorded in OfficialRecords Book 8048, Page 0131, Public Records of Orange County, Florida, and allamendments thereof and supplements thereto,ifany. AMELIA RESORT CONDOMINIUM AMELIA RESORT CONDOMINIUM, together with allappurtenances thereto,according and of Amelia Resort as recorded in subject to the Declaration of Condominium Condominium, OfficialRecords Book 9231, 884, Public Records of Orange County, Florida, and all Page amendments thereofand supplements thereto, ifany. ST. AUGUSTINE RESORT CONDOMINIUM ST. AUGUSTINE RESORT CONDOMINIUM, together with all appurtenances thereto, and to the Declaration of Condominium of St. Augustine Resort according subject Condominium, as recorded in OfficialRecords Book 9820, Page 1488, Public Records of Orange County, Florida,and allamendments thereofand supplements thereto,ifany. SW Page3of3 W!DA117(Rev. 06-2E-15) EARL JENNY ZUBEN MIGUEL LEON KENNETH & RICARDO OCTAVIA KENNETH CYNTHIA REBECCA REBECCA DARLYNEPEREIRA MATTHEW G G A M M MADDUX DUSSECK JOSEROBERTS ANGEL BROWN DUSSECK PERSI KARNEZ ADAM & BATZ BATZ JOSEE BETIA BROWN BATZ BATZ JULIANA & & & VON RIOS 25307-28A-313031 23408-20E-311045 05404-02E-720261 07404-24E-626230 23105-34AG-302280 14406-5000-514490 291078-23AP-408531 03306-4500-720121 03406-32AO-714404 11412007 2/1512013 2/912009 1212012011 3/4/2008 2/2512013 5128/2016 12/29120143/912015 Exhibi A 9826 9616 10527 10925 10853 10885 9045 10523 10308 1910 0787 6883 2873 4207 3296 6701 7272 3723 100058000003239521 100058000004129267 100058000003981254 100068000004139233 100058000003115804 100058000004628730 100058000004633000 100058000004570395 100068000002810504