Cheryl Samons Signing on Behalf of Mers

8/8/2019 Cheryl Samons Signing on Behalf of Mers

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TN THE CIRCUIT COURT FOR PALM BEACHCOUNTY, FLORIDA. CIVL DryISIONCASE NO.T}IE BANK OF NEW YORK MELLON FKA THEBANK OF NEW YORK AS TRUSTEE FOR TI{ECERTIFICATEHOLDERS CWALT, INC.ALTERNATWE LOAN TRUST 2OO542CBMORTGAGE PAS S.THROUGH CERTIFICATES,SERIES 2OA542CB,

. MARTIN; TFIEIONS BANKCINA

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HOMEOWNEHI' ASSOCIATION, INC gITNKNOWNTENANT NO. tr{JNKNOwN TENANT NO. 2; and

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NAMED DEFENDANT TO THIS ACTION, OR HAVING OR CLAIMING TO HAVE ANYRIGHT, TITLE OR INTEREST IN TI{E PROPERTY HEREIN DESCRIBED, and alleges:

GENERAL ALLEGATIONSl. JURISDICTIOI!: This is an action for equiable relief or, alternatively, for damages,

which claims are within the subject matter jurisdiction of this Court.2. VENUE: This is an action that involves parties and property located within the venue of

this Court and venue is otherwise proper pursuant to Chapter 47, Florida Statutes.3. PARTIES: All parties to this action are properly beforc this Court and this Court has

personal jurisdiction over the parties.4. CONDITIONS PRECEDENT: All conditions precedent to the filing of this action have

been met by Plaintiff.5. FDCPA: Plaintiffhereby provides Defendant(s) with verification notice as required under

the Fair Debt Collection Practices Act ("FDCPA") l5 U.S.C.A. 1692. If the Defendant(s) requestverification of the debg Plaintiffshall suspend its efforts to collect the debt until Plaintiffmails therequested information to the Defendant(s) requesting the verification. A copy of the notice is attachedhereto as Plaintiffs Exhibit "A".

MORTGAGE FOREqI,p. .SURE6. FORECLOSURE ACTION: This is an action to foreclose a mortgage on real property

(hereinafter the "proper(y") in Palm Beach County, Florida, more particularly described in the mortgageattached hereto as Exhibit "B".

7. EXECUTION AND DEL.I_VERY qENOTE & MpRfqAGE: On June 28,2005,Defendant(s), TRISHA L. MARTIN executed and delivered a promissory note (the "note") andDefendant(s), TRISHA L. MARTIN AND WILLTAM A. MARTIN executed and delivered a purchase


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mony mortgage (the "mortgage') securing payment of the same to Mortgage ElecFonic RegistrationSystems, Inc. as nominee for DHI Mortgage Company, LTD, which mortgage was recorded in OfticialRecords Book 19029 Page 1348, of the public rccords of Palm Beach County, Florida" and whichmortgaged the property. The property was then owned by and in possession of the mortgagor.

8. OWNER OF.THE NOTE & MORTGAGE: The note was subsequently transfened toPlaintiff. Plaintiffowns and holds the note and morlgage.

9. OWNER OF Trm PROPERry: The Defendant(s) WILLIAM A. MARTIN ANDTRISHA L. MARTIN, own(s) the property.

10. DEFAULT & ACCE-L.ERATION: The Plaintiffhas not been paid the payment dueNovember l, 2008, and all subsequent pa)ments, which has resulted in a default of the note and mortgage.Plaintiffdeclares the full amount due under the note and mortgage to be accelerated.

t l. AMOLJNT$ DLJE: The Plaintiffis owed $338,374.87 that is due as principal on the noteand mortgage, interest from October l, 2008, costs, advances and expenses as provided in the note andmortgage.

12. ATTORNEYS FEES: Plaintiffhas obligated itself to pay the undersigned attomeys areasonable fee for their services herein and is entitled to recover said fees pursuant to the terms of thenote and mortgage.

INFENOR CLATMAIY|S:13. Defendant, THE LJNITED STATES OF AMERICA, may claim some interest in the

property arising from a Notice of Federal Tax Lien under the Internal Revenue Code, filed by theDirector Southern District and recorded in Oflicial Records Book23l76, Page 1907 , of the publicrecords of Palm Beach County, Florida, a copy of which is atached hereto as Plaintiffs Exhibit "B". Thislien, if any, is subordinate and inferior to the lien of Plaintiffs mortgage.


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14. Defendant(s), REGIONS BANK SUCCESSOR TO AMSOUTH BANK may claimsome interest in or lien upon the subject property arising from a mortgage, recorded in OfficialRecordsBook 22026, Page 572, of the public records of Palm Beach County, Florida" which mortgage is inferior toPlaintiffs mortgage.

15. Defendan(s), TERRACINA HOMEOWNERS'ASSOCLATION, [NC., may claimsome interest in the subject property arising from unpaid assessments. This interest if any, is inferior toPlaintifPs mortgage.

16. Defendants, LJNKNOWN TENANT NO. I and UNKNOWN TENANT NO. 2,fictitious names representing tenants in possession, may claim some interest in the property that is thesubject of this foreclosure action by virtue of being in actual possession of same, but any interest saidDefendant(s) may claim in the subject property , if any, is subject and inferior to the lien of Plaintiffsmortgage.

17. Defendants, ALL IiNKNOWN PARTIES CLAIMING fNTERESTS BY, TI{ROUGH,LNDER OR AGAINST A NAMED DEFENDANT TO THIS ACTION, OR HAVING ORCLAIMING TO HAVE ANIY zuGHT, TITLE OR INTEREST IN THE PROPERTY HEREINDESCRIBED, may be intercsted in the subject matter of this action as unknown spouses, tenants, heirs,devisees, grantees, assignees, lienors, creditors, trustees or other claimants by through, under or against aknown person who is dead or not known to be dead or alive or by virtue of any interest in or claim to theproperty which is the subject of this action or otherwise as the case may be. These interests, if any, areinferior to Plaintiff's mortgage.

WHEREFORE, Plaintiff prays as follows:a) That this Court will take jurisdiction of this cause, of the subject matter and the parties

4

hereto.


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b) That this Court ascertain and determine the sums of money due and payable to thePlainti ff from 0re Defendants.

c) That the sum of money found to be due as aforesaid be decreed by this Court to be alien upon the lands described in Plaintiffs mortgage.

d) That such lien be foreclosed in accordance with the rules and established practice ofthis Cour! and upon failure of the Defendants to pay the arnount of money found to be due by them to thePlainti$ the said land be sold to satisft said lien.

e) That this Court decree that the lien of the Plaintiff is superior to any and all right, titleor interest of the Defendants herein or any person or parties claiming by, through or under them since theinstirution of this suit.

f) That all right, title or interest of the Defendants or any person claiming by, through orunder them be forever baned and foreclosed.

g) That this Court grant general relief in this cause as in its discretion might be meet andjust including, but not limited to, a deficiency judgment against the obligor of the note, to the extentpermined by applicable Banknrptcy and State law, if the proceeds of the sale are insufficient to payPlaintiffs clairn.


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Under penalf.v of periury. I dec!,a-re that I hpve read thg fgregoing. and the fncEalleged thereiaare trBe_end correct to the bcst of Ery knoryledee and belief.SMITH, HI,ATT & DIAZ, P.A.Attorneys for PlaintiffPO BOX r 1438Fort lauderdale, FL 33339-1438Telephone: (954) 564-0071Facsimile: (954) 5&-9252

By:Florida Bar No.: 0030143


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Re:FAIR DEBT COLLECTION PRACTICES ACT VALIDATION

Creditor: TI{E BANK OF NEW YORK MELLON FKA TFIE BANK OF NEW YORK ASTRUSTEE FOR T}IE CERTTFICATEHOLDERS CWALT, INC. ALTERNATryE LOANTRUST 2OO542CB MORTGAGE PASS-THROUGH CERTIFTCATES, SERIES 2OO542CBDate: May 7,2010homissory Note and Mortgage dated: June 28, 2005Debt Owed: As of the date of this verification, you owe 53E5,924.74. Because of interest, latecharges, attorneys' fees and other charges that may vary from day to day, the amount due on theday you pay may be greater. Hence, if you pay the amount shown above, an adjustnent may benecessary after we receive your check, in which event we will inform you before depositing thecheck for collection. For further information, write the undersigned or call collect (954)-564-007 l.This communication is from a debt collector and this is an atternpt to collect a debt owed and anyinformation obtained will be used for that purpose.Unless you dispute this debt or any portion of it, within thirty (30) days after you receive this notice,

the undersigned law frnn will assume that said debt is valid.If you notify the undersigned attorney in writing within the said thirty (30) day period that the

aforesaid debt, or any portion thereof, is disputd the undersigned attomey will obtain written verification ofthe debt and mail it to you.

Ifthe above creditor is notyouroriginal creditorandyou submitarequestwithin the thirty (30) dayperiod for the name and address of the original creditor, we will supply such information to you.Even though you are required to file a response to the lawsuit prior to the thi(y (30) days, your

validation rights, as set forth in this notice, shall not expire for the thirty (30) days.Ifyou do dispute this debt in writing in the thirty (30) day perio4 we willsuspend collection until we

send you verification.SMITTI, HIATT & DTAZ, P.A.Attomeys for PlaintiffPO BOX I1438Fort Lauderdale, FL 33339-1438Telephone: (954) 564-0071Facsimile: (954\ 564-9252

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ENOVilL MEN Af fiYSf,Pi$Alltr:'TIIT MORTCAGE ELDCTRONIC REGISTMTION SYSTEMS, INC,RcsidilgqlocaodrldoOOUNTRYWIDEI{OMETOA}IS,BE ?1(E(nS,mrArEDeIVqMAILSTqPPTX-&35,PLANO.TX 750U, hsdn dcigr-d o lbs 6ittd,6r Ed ia slddodot of thr sm of 3l.m DoUs atd dbs tood ead vebslEcs!5ilktdid\ tbr .Ei$ d whcJr ir tedry c*rrblgal r.Ls lcrly tfd. btrtcir\ $ll. !si*g.! trordcr Erd sd srr ooio TI IENAN!i OT TEW YON,K hIEIIOI T'IK/A TIIE I}ANK OT XE,|'' YORK TRUSTEE FUI( THE Lt:SiITIChIIHULDEI'SCWALT, INC. ALTERNANVE IOAN TRI.'ST !t,!'1C8 IIORTGAGE PAS$THROIJOH CERTIfIC^TF5' SERIES2m!42C8 r6i{tirg 6ld.d * Cru q)IJNTnYWIDE IEME ITANS, INC- 710t CORFOR,{TE DRIVE MAtl STOPPTX-835, tlll\Kl TX Tfql{ tdi! dryb'd.d r 6c osdpcc, CE rrrltS{r crmd by WllflAM A MARTT\I A]'D TRlStlAL I{ARTDI HUSBA}'D AN'D WIFE rmd.d in PAUU BEACH Cryny, Ftryida u bool I 9@, ed FgG I 348 sE{Bbolag 6cFTp

Cheryl Samons Signing on Behalf of Mers

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