Party Statement: US BANK NATIONAL ASSOCIATION vs.AGOSTO, RAFAEL et al.

• 
• 
• 
• 

						
                                
Preview
                                Filing #81684367 E-Filed 12/05/2018 03:40:48 PM

                                                                 FILE # 17-042242
                                                                                               oe SY
                                                                 IN THE CIRCUIT COURT OF THE
                                                                9™ JUDICIAL CIRCUIT, IN AND FOR
                                                                ORANGE COUNTY, FLORIDA.
                                                                CIVIL DIVISION
                                                               CASE NO. 2017 CA 0081450




      US BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE, TO BANK OF AMERICA, NATIONAL
      ASSOCIATION, SUCCESSOR BY MERGER TO LASALLE NATIONAL ASSOCIATION, AS TRUSTEE FOR OWNIT
      MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-7,
      PLAINTIFF(S)

      VS

       RAFAEL AGOSTO A/K/A RAFAEL O. AGOSTO, ET AL,
       DEFENDANT(S)


                               AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY



       BEFORE ME, THE UNDERSIGNED AUTHORITY, THIS DAY PERSONALLY APPEARED, ANGELA HEATH OF
       ACCU-SEARCH, INC., WHO UPON BEING FIRST DULY SWORN, UPON HER OATH DEPOSES AND SAYS:

       AFFIANT IS AN EMPLOYEE OF “ACCU-SEARCH, INC.” AND AN AGENT FOR PLAINTIFF. SHE STATES SHE
       HAS MADE DUE AND DILIGENT SEARCH AND INQUIRY TO DISCOVER THE NAME AND RESIDENCE OF THE
       SUBJECT PERSON BY PERFORMING EACH OF THE FOLLOWING ACTS SET FORTH, AS PARTICULARLY AS IS
       KNOWN TO AFFIANT, BELOW.

       AFTER DILIGENT SEARCH & INQUIRY BY AFFIANT, THE AGE OF THE DEFENDANT IS UNKNOWN.


             THIS AFFIDAVIT IS GIVEN ON THE BASIS OF AFFIANT HAVING KNOWLEDGE PERTAINING TO THE
             ABOVE-STYLED ACTION AND PARTICULARLY AS RELATES TO THE SUMMONS ISSUED ON THE
             FOLLOWING NAMED DEFENDANTS:


             UNKNOWN SUCCESSOR TRUSTEE OF THE DERRICK DRIVE LAND TRUST #6826 DATED AUGUST 1,
             2017,


             THE AFFIANT BELIEVES THERE ARE UNKNOWN PARTIES, WHO ARE OR MAY BE INTERESTED IN
             THE SUBJECT MATTER OF THE ACTION OR PROCEEDINGS DUE TO AFFIANT'S BELIEF THAT THE
             UNKNOWN SUCCESSOR TRUSTEE OF THE DERRICK DRIVE LAND TRUST #6826 DATED AUGUST 1,
             2017, RESULTS AS FOLLOWS:


             PURSUANT TO FLORIDA TRUST CODE - STATUTES & CONSTITUTION RULES OF PROCEDURES,
             A TRUST DOCUMENT DOES NOT HAVE TO BE FILED OR RECORDED, THUS MAKING THE
             ACTUAL TRUST AND THE CONTENTS THEREIN VIEWABLE TO ONLY THE INTERESTED
             PARTIES. THE METHOD OF FILING A MEMORANDUM OF TRUST (WHEN REQUIRED FOR
             CERTAIN REAL ESTATE TRANSACTIONS), ALLOWS THE ACTUAL TERMS AND CONTENTS OF
             THE TRUST TO BE KEPT PRIVATE WHILE ALLOWING THE TRUST TO BE EFFECTIVELY USED.
ACTUAL TRUST DOCUMENTS NOT VIEWABLE IN COURT FILES. UNABLE TO LOCATE A
            MEMORANDUM OF TRUST PERTAINING TO THE DERRICK DRIVE LAND TRUST #6826
            DATED AUGUST I, 2017.


            BASED ON VIEWABLE COURT DOCUMENTS AND VARIOUS SEARCHES, POSSIBLE
            BENEFICIARIES/SUCCESSOR TRUSTEE OF THE DERRICK DRIVE LAND TRUST #6826 DATED
            AUGUST 1, 2017 ARE: ANTONIO G. MARTIN, ESQs - 1420 CELEBRATION BLVD., STE 303,
            CELEBRATION, FL 34747.


     AFFIANT STATES THAT THESE PARTIES, INCLUDING THE UNKNOWN PARTIES MAY CLAIM AS ALL
     UNKNOWN HEIRS, BENEFICIARIES, LEGATEES, DEVISEES, PERSONAL REPRESENTATIVES,
     CREDITORS OR ANY OTHER PERSON CLAIMING BY, THROUGH, UNDER OR AGAINST UNKNOWN
     SUCCESSOR TRUSTEE OF THE DERRICK DRIVE LAND TRUST #6826 DATED AUGUST 1, 2017.


     THAT THE UNKNOWN PARTIES ARE SUBJECT TO CONSTRUCTIVE SERVICE BY PUBLICATION
     PURSUANT TO FLA. R. CIV.P.1.070(e) AND FLA. STAT §49.071




                                                    AFFIANT
                                                    ANGELA HEATH
                                                    ACCU-SEARCH, INC.
                                                    P.O. BOX 10368
                                                    TAMPA, FL 33679
                                                    813-888-8626

STATE OF FLORIDA
COUNTY OF HILLSBOROUGH

SWORN TO AND SUBSCRIBED BEFORE ME THIS 5 DAY OF DECEMBER, 2018, BY ANGELA HEATH, WHO IS
PERSONALLY KNOWN TO ME.
                      Annan,
              Ss Ss                      en,
                      myn         202,

                            ere                     NOTARY    PUBL’   STATE OF FLORIDA
                                          erg       ANITA    ROSETE
             Cin:           nae           _
                Gy
                            iG, Sa
                      HHS