EFTA00750891.pdf

I N C D E N T D A T A Agency Nome Palen Beach Gardens Police Department INt,lUtN I /IP1Vtb I I la H I IUN REPORT Casen 05-002709 Date i Time Reported ORI 04/29/, 005 16.16 Fri FL 0502600 Last Knoven Saure Incident Premile Type Z.onefTract 04/79/2001 16.00 Fri Location of At Found Residential/ Apt / Condo 23. 6 04/29/2005 16:15 Fri ir 1 Crime Incidenns) (Com) Weapon / Tools /LANDS FEET: Fisi: w en, I Activity Banery - Simple SBAT M Enny Exit Security " 2 Crime Incident (Com ) Crimina1 »whig- Vehicle Weapon / Tools I Activin i: G1/1'P' 1:x11 I Security R3 Crime Incident ( ) Weapon / Tools I Activin Entry limt Security MO V I e T i M N of Victims 2 I Type: INDIVIDUAL Injury: Not Applicable Damcsiic: Y Vktimillusiness Nask lØt Fink Middle) Vitiim of DOR Race Sex Relationship -endel Resident Status Military VI Csu= N 1.2 II' F To Ofl 05 Resident BranchrStatus Home Address I rome Phone I I.. I l mp E III III i. . i. a > Business Phone Mobile one VYR Make Model Styk Color Lie/Lis VIN O T H E R S I N V O Codc I. V E I) CODES V. Vielim i Denote V2. V3) O- Onner Of odler 'han victim) R= Reponing Person rir other than victim) Type INDI VIDD/ I. Injury Not Applicable Codi, r.? alliffill Vie= of Cremen /, DOR a„ R II' Sex Al Relationsbip To °Hender Resident Status Resident »likn BrancluStatu. i s Home Phone limp nyet . amer/ tess Bust ~ Mobik Phone Type Injury Nome (Last. Fust. Mi") Vielim of Crime ø DOB Age Race Sex Relatimiship To Ofrende, Resident Status »hur) BranchiStatus Home Address I lime Phone limployer Nanbc/Address Business Phone Mobile Pilane P R 0 P E R T Y I. - Lost 5 - Stolen R = Recoveted Da Mr a Keton Damaged Z - Sei/ed B = Bumed C = Counterfeit -red for Other Junsdiction) / Forged F - Found VI N Code Status hiniTo Vake O1 CITY I'ropenv Deseriplion MakeiMinkl Serial Number I 92 D 575.00 I euroram Anys•ones BRIDGEMONE hacn:: 0., D $0.00 I 2004 Sit, .1726NDZ hl IIONtlemr Ilkilift(229,(41.03”,w, . OfficanD4 GUILLEN, E. 1296) Invest II» (0) Supervisor EXHIBIT Sua> Complainant Signaturc Case Status dctive 04/29/2005 Case Disposition: Primed By: BUTALA307, RECORDS03 Sysø: 8071 EFTA00750891 INCIDENT/INVESTIGATION REPORT Page 2 By BUTAI.A307. RECORDS03 07/2112009 Palm Beach Gardens Police Deparimem Case# 05-002709 SI°us I = None 2 = Burned 3 = Counterfeit / Eased 4 a Damaged 5 . Recovered 6 a Seized 7. Stolen 8 = Unknown Codes UCR Status Quantity Type Measuic Suspected Type Up to 3 types of activity D R U 0 S Assis mg Officers THOMAS. T.N. (144). CLAYTON. S. . (276). LAWRENCE. T.M. (284) Suspect Hate / Bias Motivated: None (No bias) NARRATIVE EFTA00750892 REPORTING OFFICER NARRATIVE Palm Beach Gardens Police Department OCA 05-002709 Victim Offense BATTERY - SIMPLE Date !Time Reported Fri 04/29/2005 16:16 Reporting Officer: GUILLEN. E. Primcd By: BUTALA307, RECORDS03 07/21/20091S:13 Page 3 EFTA00750893 REPORTING OFFICER NARRATIVE Palm Beach Gardens Police Department OCA 05-002709 Victim Offense BATTERY- SIMPLE Date / Time Reported Fri 04/29/2005 16:16 MINIMAL. BOTH PARTIES WERE ISSUED PALM BEACH GARDENS POLICE DOMESTIC VIOLENCE INFORMATION PACKETS AND CASE CARDS FOR FUTURE REFERENCE. Reporting Officer: GUILLEN, E. Page 4 Printed By. BUTAIA307, RECORDS03 0721/2009 IS 13 EFTA00750894 Incident Report Related Vehicle List Palm Beach Gardens Police Department OCA: 05-002709 1 VehYr/Make/Model 2004 HOND, Civic Style 2DR Colo SIL Lie/Lis /Decal Vin IBR Status Damaged Date 04/29/2005 Location Condition Valve $0.00 Offense Code Jurisdiction State a NIC Locally Name (Last. First. Middle) • No name • Also Known As Home Address Business Address DOD. Age Race Sex Hgt Wgt Scars. Marks. Tattoos. Of other distinguishing features Notes R_CS9IBR Printed By: BUTALA307. RECORDS03 07/21/2009 15:13 Page 6 EFTA00750895 Incident Report Related Property List Palm Beach Gardens Police Department OCA: 05-002709 Property Description Auto Parts/Accessories Make BRIDGESTONE Model POTENZA Caliber Color Serial No. Value $75.00 Qty 1.00 Unit Jurisdiction Locally Status Damaged Date 04/29/2005 NIC 0 State a Local I X06NOZ OAN Name (Last, First. Middle) DOB Age Race W Sex F Notes TIRE WAS CUT WITH A KNIFE ON THE OUTER WALL. NOT REPEARABLE R_CSOIBR Printed By: BUTALA307, RECORDS0J 07/21/2009 15:14 EFTA00750896 20Q8CA024515 XXXX NB AN This space is for recording purposes only IN THE CIRCUIT COURT OF THE I STII JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY. FLORIDA GENERAL JURISDICTION DIVISION CASE NO: AMTRUST BANK PLAINTIFF VS. NOTICE OF LIS PENDENS I. TO: The above named Defendants. AND ALL OTHERS WHOM IT MAY CONCERN: CROIRSKIXCMCOmPLAINVIOWin Cm? CFN 20080308219, OR BK 22815 PG 1273,RECORDED 08/18/2( Sharon R. Bock,CLERK & COMPTROLLER, Palm Beach County, EXHIBIT EFTA00750897 2. YOU ARE NOTIFIED of the institution of this action by the Plaintiff against you seeking to foreclose the Note and Mortgage encumbering the described property and the decreeing of a sale of the property under the direction of the court in default of the payment of the amount found to be due the Plaintiff under the Note and Mortgage, and for other, further and general relief set forth in the Complaint. 3. The property involved is that certain parcel, lot or unit situate, lying and being in PALM BEACH County, Florida, as set forth in the mortgage recorded in Official Records Book 19119, at Page 926, more particularly described as follows: UNIT NO. 208, BUILDING NO 18, SAN MATERA , THE GARDENS, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF, AS RECORDED IN OFFICIAL RECORDS BOOK 18900, PAGE 587, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Dated at Plantation, Broward County, Florida, this 1day of , 2008. og.g435CAMTST) DEANNE L.IORRESPO Law Offices I David .1 Stem, P.A. Attorney for Plaintiff 900 South Pine Island Road SUITE 400 Plantation, FL 33324-3920 (954) 233-8000 Bar N: 0012190 F tCROLIPSVCIDOCTCO,OLADFCZOS-14),I OAP CF 29vAtono i5 SOCK nal 5 PACE I 225 2 CP 2 EFTA00750898 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO: AMTRUST BANK PLAINTIFF VS. DEFENDANT(S) 4 2008CAO 24515 XXXINB COMPLAINT TO FORECLOSE MORTGAGE AND TO ENFORCE LOST LOAN DOCUMENTS Plaintiff, sues the Defendant(s) and alleges: 90:S NJ II mom COUNTI I. THIS IS AN ACTION to foreclose a Mortgage on real properly in PALM BEACH County, Florida. 2. This Court has jurisdiction over the subject matter herein. 3. On AUGUST IS, 2005 executed and delivered a Promissory Note and a PURCHASE MONEY Mortgage securing payment of the Note to the Payee named thereon. 4. The Mortgage was recorded on AUGUST 22, 2005 in Official Records Book 19119 at page 926, of the Public Records of PALM BEACH County, Florida, and mortgaged the property described in it, then owned by and possessed by the Mortgagors, a copy of the Mortgage IS attached hereto as "Exhibit "A". Said mortgage was subsequently assigned to AMTRUST BANK by virtue of an assignment to be recorded. 5. The Plaintiff owns and holds the Note and Mortgage. 6. 7. There is a default under the terms of the note and mongage for the APRIL I, 2008 payment and all payments due thereafter. 8. All conditions precedent to the acceleration of this Mortgage Note and to foreclosure of the Mortgage have been fulfilled or have occurred. 9. The Plaintiff declares the full amount payable under the Note and Mortgage to be due. 10. The borrowers owe Plaintiff 3140,110.51 that is due in principal on the Mortgage Note and Mortgage, together with interest from MARCH I, 2008, late charges, and all costs of collection including title search expenses for ascertaining necessary parties to this action and reasonable attorney's fees. I I. Plaintiff is obligated to pay its attorney a reasonable fee for his services rendered. EFTA00750899 12. Defendants, John Doe and Jane Doe, may claini an interest in the property described in the Mortgage as tenants pursuant to a lease agreement, either written or oral. Said interest is subject, subordinate, and inferior to the lien of the Mortgage held by Plaintiff. 13. In addition to all other named defendants, the unknown spouses, heirs, devisees, grantees, assignees, creditors, trustees, successors in interest or other parties claiming an interest in the subject property by, through under or against any of said defendants, whether natural or corporate, who are not known to be alive or dead, dissolved or existing, are joined as defendants herein. The claims of any of said parties are subject, subordinate, and inferior to the interest of Plaintiff. 14. The Defendant, SAN MATERA THE GARDENS CONDOMINIUM ASSOCIATION, MC., is joined because it may claim some interest in or lien upon the subject property by virtue of possible association liens and assessments. Said interest is subject, subordinate, and inferior to the lien of the Mortgage held by the Plaintiff. 15. The Defendant, THE MACARTHUR CENTER PROPERTY OWNERS ASSOCIA11ON, INC., is joined because it may claim some interest in or lien upon the subject property by virtue of possible association liens and assessments. Said interest is subject, subordinate, and inferior to the lien of the Mortgage held by the 16. The Defendant, s joined because HE may claim some interest in or lien upon the subject property by virtue of a possible homestead interest. Said interest is subject, subordinate and inferior to the interest of the Plaintiffs mortgage. 17. The Defendant(s), AMTRUST BANK PK/A OHIO SAVINGS BANK, IS joined because THEY may claim some interest in or lien upon the subject property by virtue of a MORTGAGE recorded in Official Records Book 19119 at Page 946 in PALM BEACH COUNTY which is inferior to Plaintiffs Mortgage described herein. WHEREFORE, Plaintiff prays: That an accounting may be had and taken under the direction of this Court of what is due the Plaintiff for principal and interest on said Mortgage and Mortgage Note, and for the costs, charges and expenses, including attorney's fees and title search costs, and advancements which Plaintiff may be put to or incur in and about this suit, and that the Defendants found responsible for same be ordered to pay the Plaintiff herein the amounts so found to be due it; that in default of such payments, all right, title, interest, claim, demand, or equity of redemption of the Defendants and all other persons claiming by, through, under or against said Defendants since the filing of the Lis Pendens herein be absolutely barred and foreclosed and that said mortgage property be sold under the direction of this Court; that out of the proceeds of said sale, the amounts due the Plaintiff may be paid so far as same will suffice; and that a deficiency judgment be entered if applicable and only in the event no Order of Discharge of Personal Liability in Bankruptcy has been entered as to any of the Defendants who signed the subject Note and Mortgage and a Writ of Possession be issued. COUNT Ii 18. This is an action to enforce a lost, destroyed or stolen promissory note and Mortgage under Fla.Stat.§673.3091. 19. On AUGUST 15, 2005, executed and delivered a Promissory Note and a Mortgage securing payment of the Note to the payee named thereon. EFTA00750900 20. The Mortgage was recorded on AUGUST 22, 2005 in Official Records Book 19119 at page 926, of the Public Records of PALM BEACH County, Florida, a substantial copy of the Mortgage being attached hereto as composite Exhibit "A" to the Plaintiff's original Complaint herein. 21: The Plaintiff is not presently in possession of original Note and Mortgage. However, a) the Plaintiff was in possession of the Note and Mortgage and was entitled to enforce THEM when the loss of possession occurred; b) the loss of possession was not the result of a transfer by Plaintiff or lawful seizure; and c) the Plaintiff cannot reasonably obtain possession of the Note and Mortgage because THEIR whereabouts cannot be determined. 22. The terms of the Note are shown on the attached ledger of loan marked as Exhibit " 23. The Plaintiff will agree to entry of a Final Judgment of Foreclosure wherein it will be required to indemnify and hold harmless Defendant(s), SHAWNA L BRINSON , from any loss they may incur by reason of a claim by another person to enforce the lost Note and Mortgage. WHEREFORE, Plaintiff requests entry of judgment confirming its right to enforce the lost Note and Mortgage under Fla. Stat§673.309 TO ALL DEFENDANTS: PLEASE NOTE EFFECTIVE OCTOBER 13, 2066, IS U.S.C. §1692G OF THE FAIR DEBT COLLECTION PRACTICES ACT HAS BEEN AMENDED AS FOLLOWS: (a) LEGAL PLEADINGS — Section 809 of the Fair Debt Collection Practices Act (IS U.S.C. 1692g) is amended by adding at the end the following new subsection: "(d) Legal Pleadings — A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection (a)." 08-84358(AMTST) L DEANNE TORRE Law Offices of David 3 Stern, P.A. Attorney for Plaintiff 900 South Pine Island Road SUITE 400 Plantation, FL 33324-3920 (954)233.8000 Bard: 0012190 F ,CA0IPSVCD0CSLL-CNOLAINFani114.O SI C/17 EFTA00750901 IuirnOIainwtvianival This INSTRUMENT PREPARED BY AND PLEASE RECORD AND RETURN TO: DREW MELVILLE RANDALL K. ROGER 8 ASSOCIATES. P.A. 621 Northwest 53rd Street Sugit,300 EoctiSaton, Florida 33487 -CLAIM OF LIEN FOR ASSESSMENTS CFN 20090114699 OR BK 23164 PG 1007 RECORDED 04/07/2009 11:29:57 Pala Beach County, Florida Sharon R. Lock. CLERK i COMPTROLLER Pp 1007; Clpol KNOW ALL. MEN BY THESE PRESENTS, THAT: BEFORE ME the undersigned authority, personally appeared Drew Melville, attorney-in- fact for SAN\ MATERA THE GARDENS CONDOMINIUM ASSOCIATION, INC., a Condominithn,Association of Palm Beach County, Florida, whose post office address Is 11910 Kew GardeniAvenue, Palm Beach Gardens, FL 33410, and that pursuant to Section 718.116 of the Florida Statutes and the Declaration of Condominium for SAN MATERA THE GARDENS CONDOMINIUM ASSOCIATION, INC. claims this lien against the following property: Unit No. 208 Building No. 18, SAN MATERA THE GARDENS, A Condominium, according tot Declaration of Condominium thereof, as recorded in Official Records 8°6101900, Page 587, of the Public Records of Palm Beach County, Florida. The record owner(s) of s#1-Property is: a single woman. The amount due is 52,1 au 92 as follows: :2 Balance of monthly mitOihance assessment due as of 08/01/08 in the.ainount of S223.59. $223.59 Maintenance assessment cluti,09/01/08 through 03/01/09 at $282.19 per month. $1,975.33 plus interest at the rate of 15% per apaymi plus late fees. from the dates due, less all payments made since the date of the delinquency:-/. In addition, this Claim of Llen also secures interest, late fees, costs, and reasonable attorneys fees incurred by the Association pursuant to the recorded Declaration of Condominium. Fernier, this lien secures aD assessments coming due, less any payments received from e date of the initial delinquency and after the filing of this Claim of Lien. Dated this day of March. 2009. WITNESSES: rtriiteNG. Paulin y STATE OF FLORIDA :ss COUNTY OF PALM BEACH: BY: SAN MATERA THE GARDENS CONDOMINIUM ASSOCIATION, INC. DREW MELVILLE Attorney-in-fact Florida Bar No.: 34986 regoing instrument was acknowledged before me this 2009. by Drew Melville as attorney-in-fact of SAN MATERA THE day of MINIUM ASSOCIATION, INC., a Florida corporation, on behalf of the corporation. He is personally known to me or has produced es identification and did take an oath. BY: My Commission Expires: Book23164/Page1007 A Jessica Keane Printed Name of Notary Public Page 1 of 1 EXHIBIT 3 EFTA00750902 STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES DIVISION OF DRIVER LICENSES TRANSCRIPT OF DRIVER RECORD mima on NAIDEN LAST "Ix DOS HEMORT RÅGE SEX SOcem Iltukire EHOORSCRENTS CLASS DATE DATE XESTRICTIONS ISSUED EXPO» E 10/12/05 11/07/11 A EXAN$ VISION SIGNS MAS DRIVENS NOTOcYcLE 1 DUPUCATE UCEI3BE 061600P05 1 3 2 o 0 DRIVER EDITCATION stum Dalt 07/21/09 DRIVEN LICENSOD/ID NUTIDER DATE Delo DL ISSUED GOL. ISSUL Datt 12/16/94 emoftsNm 0617 PRIOR MOD DRIVER LEGEN« MMUR CCCCCC US DATOU CURREUT SANN 08222001X 101205X62 DEPLACEMENT UCENSE 011895P05 CRILSIT OFFENSE EFFECT1VE DATE CONVICTION DATE RES STATE- ME DATNT E INFON RADON FROM COUN1Y/ snut city COURT o f ENTRITS HELOR COVER TNI1 PERSONS ENTIRE RECORD Ra P n BLOCK PERSONAL INFORMAT'ON .4 BLOCK FOR MALLING LIST • ho THIS LERSON NA4 A DIGITAL IMAGE 03/12/99 11/12/04 09/29/05 09/05/08 01/12/94 10/01/98 05/09/99 03/14/99 03119199 02/08/06 02/21/06 02/08/06 02/21/06 END OF RECORD OSCEOLA PALMBCH PALNECN PALMBCH • COUNTY COUNTY COUNTY COUNTY ENTRY CORRESPONDCE CORRESPONDCE CORRESPONDCE CORRESPONDCE CONV-S.0 PTS CONV•0.0 PTS CONV•0.0 PTS CONV•4.0 PTS o ****** anc att ..ellon 322.2401. t.S.. I Sno.on 4. Rack. C ork i com.trozzer. ~ ity af Pa Beach. Stat* of farad.. 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