Electronically Filed 04/17/2013 10:28:45 AM ET
RECEIVED, 4/17/2013 10:33:51, Thomas D. Hall, Clerk, Supreme Court
DISTRICT COURT OF APPEAL
FIFTH DISTRICT
300 SOUTH BEACH STREET
DAYTONA BEACH, FLORIDA 32114
(386) 947-1500 COURT
(386) 255-8600 CLERK
SUSAN WRIGKI
CLERK
February 25, 2011
Kenneth L. Marvin, Director of Lawyer Regulation
The Florida Bar
651 E. Jefferson Street
Tallahassee, Florida 32399-2300
Re: David J. Stem, Esq., Florida Bar No. 911054
Dear Mr. Marvin:
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At the direction of the Fifth District Court of Appeal, I am forwarding a copy of the
Court's February 25, 2011 Order referring David J. Stem, Esq. to The Florida Bar for
investigation and consideration of the appropriate disciplinary action for failing to comply
with the Court's Orders and for failing to appear before the Court as ordered on
February 24, 2011. Copies of the relevant orders are included for your assistance.
Thank you.
Very truly yours,
Susan Wright
Clerk
encl.
cc: David J. Stem, Esq.
The Florida Bar
Exhibit R
FAX NUMBER (388) 047-1562
E MAL ADDRESS 5dcapflcourts.co9
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT PAUL D. WILDER,
Appellant,
V.
CASE NO. 5010-1022
DEUTSCHE BANK NATIONAL
TRUST COMPANY,
Appellee.
DATE: February 25, 2011 BY ORDER OF THE COURT: ORDERED that David J. Stern, Esq. is hereby referred to The Florida Bar,
for investigation and consideration of appropriate disciplinary action for failing to comply
with the December 7, 2010 and January 10, 2011 Orders of this Court and failing to
personally appear before the Court in compliance with the Court's January 27, 2011
Order. Copies of the relevant Orders are provided herewith to The Florida Bar.
!here�
(a t�
cc:
e foregoing is
'nal Court order.
The Florida Bar (with copy of orders)
David J. Stern, Esq.
Paul D. Wilder
Deutsche Bank National Trust Company
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT PAUL D. WILDER, Appellant, V.�
CASE NO. 5010-1022
DEUTSCHE BANK NATIONAL
TRUST COMPANY, Appellee. I
DATE: January 27, 2011 BY ORDER OF THE COURT: ORDERED that attorney David J. Stem shall personally appear before this
Court at 10:00 am., Thursday February 24, 2011, to show cause why he should not be
sanctioned for failing to comply with this Court's December 7, 2010 and January 10,
2011 Orders.
/to
ofr.a•
'by certi
.2c,o7 _If,
the foregoing is riginai Court order. / , CLERK cc: David J. Stern, Esq. (certified mail) Paul D. Wilder IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT PAUL D. WILDER,
Appellant,
V.
CASE NO. 5D10-1022
DEUTSCHE BANK NATIONAL
TRUST COMPANY,
Appellee.
DATE: January 10,2011 BY ORDER OF THE COURT: ORDERED that counsel for Appellee, David J. Stern, Esq. shall show
cause within ten days from the date hereof, why he shouldn't be sanctioned for failing to
comply with the Court's December 7, 2010 Order. It is further
ORDERED that Appellant's Motion For Mediation is granted as set forth in
the January 7, 2011 order of referral to mediation.
foregoing is mai Court order. cc: Paul D.Wilder
David J. Stern, Esq.
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT PAUL D. WILDER,
Appellant,
V.
CASE NO. 5D10-1022
DEUTSCHE BANK NATIONAL
TRUST COMPANY,
Appellee.
DATE: December 7, 2010
BY ORDER OF THE COURT:
Upon consideration of the U.S. Bankruptcy Court's Order Dismissing
Case, it is
ORDERED that the stay imposed September 17, 2010, is lifted. It is
further
ORDERED that Appellee shall file a response to Appellant's Motion For
Mediation, filed November 8, 2010, within ten days from the date hereof. A copy of the
motion is provided to Appellee with this Order.
COUltss\
CU,
\
I hereby
• ::::tva
that the foregoing is
:the or' inal Court order.
SUSAN WRIGHT, CLERK
cc: Paul D. Wilder David J. Stein (with copy of motion) Clerk of Court Brevard County (05-2007-CA-20455) •06/23/2089 16:197
7147544148
•
PAGE 83/84
••■■••
PHAkAO & SHAFFER,
' UP ' my Mame, Sao 1r2
8151Airs
Costa Men, CA 92826
Pk C/14) 966-2616
F16 (no 754-4148
skacribgawYclizout
Attorney, and ConnoloonaKor
4=I••■ V015 111.1.M
.....■•■••••••■■.....1011■IMMIMIIMM••■•1■111■•■••••••1.1.
November 21,2008
Ms. Ease Shorn
Law Office of David I. Stem, P.A.
900 South Pine Island Road, Site 400
Plantation, Florida 33324-3920
eshent(itdstern.com
Mire: (954) 2334000 x 473
Fax: (951) 233-8661
Sent Via Facsimile
• RE: Your File No.: 08-94198
AIDA PEREZ
1
Deer Ms. EIsa Shorn, Thil office represents Mr. Pablo Guerra who was served by yom- office in the
above captioned case a few weeks back.
We -.1ne sending this letter to confirm in writing that our client is NOT the
Defendant in question. Mr. Guerra has nothing to do with this suit or with the property
associated with the suit. It is our position that he was improperly served and we will not
be Answering to any suit on his behalf in order to avoid legal expense to our client.
Attached please fold a copy of our client's Driver's License. As *finessed today
with you telephonically, the last four &his social is redacted If there is further information
or documentation that you would hie us to provide please let me know. Icindly confirm
if he was improperly served and advise as to how you would like to proceed. I thank you
in advance for your attention to dill correspondence and our confirmation that our client
is not the named Defendant in this suit.
The Florida Bar
Exhibit S
cc: Um Pablo Gomm
Shad Alan Shaffer
- VIEN4,13313:3Roit TWANINIKEEMIT2116PilpirOvAilliel UN:11/r01421t
06/23/2889 16:19
714750,4148
PAGE 82/84
PHEINCAO & SHOVER, LLP
31.51 Airway Mono; Saw ra
Costa Mem, CA 92626
Ph. (714) 966-2646
P. (7147644148
Afton:Jog and Cbuasdora-a-Law
— Vet-
shaffer@psidwyetestoln
June 23, 2009
Ms. Elsa Skim
Law Office of David J. Stem, PA.
900 South Pine Island Road, Suite 400
Plantation, Florida 33324-3920
[email protected]
Phoue: (954) 233-8000 x 473
Fax: (951) 233-8661
Sent Via Fax. Mag. & Email
RE: Your File No. 08-94198
AMA PEREZ
Dear hola. Elsa Shum,
We spoke to you back on November 21, 2008 on beludf of our client Mr. Pablo
Guerra 'whereby we advised you that you had wrongfully sued our client as he has not
relatiorkto the above captioned matter.
You requested that we supply you with Mr. Guerra's Drivers License and the last
fuur of his social security number which we did via fax and email. You represented that
you would research the matter and cordon the proof of service and get back to us to
ensure that our client is removed as a named Defendant.
Now, We lurve been advised and have received a. copy 11. cm ow client of a
Judgment that was entered against him. We have been trying to contact someone with
authority to assist us in dismissing the judgment or to confirm in writing that in fact the
judgment is against abotber Pablo Gnarl and not our caest. We kindly request prompt
attention and response to this matter as time is of essence. We thank you in advance for
your anticipated cooperation as we have been =successful when calling your law firm to
date to obtain some resolution of this issue.
Sincerely, PHAN a & SHAFFER. LLP cc Mr. Pablo Gut= Attachment 11/211(18 letter
' VH:C1541:81181FlacTle4111DEMBRIZSPIIIEnkminfillillmelikellkc0142PF28
The Florida Bar Exhibit T
PHANCAO & SHAFFER, LLP
3151 Airway Avenue, Suite E2
Attorneys and Counselors-at-Law
— w0:3
Costa Mesa, CA 92626
Ph. (714) 966-2646
Fx. (714) 754-4148
shafferOpslavvyemcom
November 21, 2008
Ms. Elsa Shuin
Law Office of David J. Stem, PA.
900 South Pine Island Road, Suite 400
Plantation, Florida 33324-3920
[email protected]
Phone: (954) 233-8000 x 473
Fax: (951) 233-8661
Sent Via Facsimile
RE: Your File No.: 08-94198 AIDA PEREZ Dear Ms. Elsa Shum,
This office represents Mr. Pablo Guerra who was served by your office in the
above captioned case a few weeks back.
We are sending this letter to confirm in writing that our client is NOT the
Defendant in-question. Mr. Guerra has nothing to do with this suit or with the-property
associated with the suit It is our position that he was improperly served and we will not
be Answering to any suit on his behalf in order to avoid legal expense to our client.
Attached please find a copy of our client's Driver's License. As discussed today
with you telephonically, the last four of his social is redacted If there is further information
or documentation that you would like us to provide please let me know. Kindly confimi
if he was improperly served and advise as to how you would like to proceed. I thank you
in advance for your attention to this correspondence and our confirmation that our client
is not the named Defendant in this suit.
41r.4
Sincerely, PHA_NC 0 & SHAFFER, LLP
Shadi Mal Shaffer
cc: Mr. Pablo Guerra
PHANCAO & SHAFFER, LLP
Attorneys and Counselars-at-Law
— —
agSnattedus ykrufa wade ILS.2.1:0
17702 Mitchell North, Suite 101
Irvine, CA 92614
Phone 714- 966-2646
Fax 714-966-1646
[email protected]
July 27th, 2010
VIA FACSIMILE & U.S. CER1 1141kD MAIL
LAW OFFICES OF DAVID STERN, EA.
ATTENTION: DAVID STERN, GINA HAWKINS
900 SOUTH PINE ISLAND ROAD, SUITE 400
PLANTATION, FL 33324
TEL. 954-233-8000
FAX 954-233-8661
RE: DISMISSAL OF THE WRONG MR. PABLO GUERRA AS A
NAMED PARTY TO THE AIDA PEREZ LAWSUIT
Dear Mr. Stern:
I am writing you this letter after over a year and a half of dealing with the same
issue, mainly dismissing my client as a named party to your lawsuit After several phone
calls, faxes, and certified letters going to your office regarding proof that my client, Mr.
Pablo Guerra, was not the proper party to your complaint, your office has failed to take
the appropriate actions to dismiss my client from this matter.
From November 21, 2008 to date, we have been dealing with one simple issue —
you have the wrong party to your complaint. We have provided you with Mr. Guerra's
driver license and last 4 digits of his social security number. Your Associate Mrs. Elsa
Shum stated she would handle the matter once and for all. This was last year. A few
weeks ago, my client was again harassed with proof of service regarding a "Plaintiff's
Status Report to the Court" against him. In the Report, it showed your office continuing
to file motions against the wrong Mr. Guerra.
Since July 13, 2010, 1 have been dealing with Ms. Gina Hawkins who stated that
your staff would be handling the matter. I contacted her on July 14,2010, where she
stated she would call me back in 4 days. This was after she did not return my call from
the day prior. I again followed up on July 26,2010, leaving a message to Mrs.
Hawkins's voicemail. Again, I did not receive a response. Today, I left another message
to Mrs. Elizabeth Davila, again with no follow-up.
The Florida Bar Exhibit U At this juncture, your office's actions are nothing short of malicious prosecution.
You are knowingly and intentionally continuing a lawsuit against an individual you know
is not the proper party. My client is a realtor of modest means, and he makes a living
based on outstanding reputation, excellent credit, and no entanglement with the legal
system.
This is my last communication to you and your office. Upon 48 hours of receipt
of this letter, if I do not get a written confirmation from your office that you will be
dismissing my client from this matter once and for all, I will write a detailed complaint to
the Florida Bar regarding your practice and your office's lack of follow through.
Regards,
Phancao Patrick
PP : cg
Cc: Mr. Pablo Guerra
Attachment: Prior written communication
PHANCAO t SHAFFER, LLP
Ation2eys and Counselors-at-Law
VIDO
3151 Airway Avenue, Suite E2
Costa Mesa, CA 92626
Ph. (714) 966-2646
Fx. (714) 754-4148
shafferftslawyers.com
June 23, 2009
Ms. Elsa Shum
Law Office of David J. Stern, P.A.
900 South Pine Island Road, Suite 400
Plantation, Florida 33324-3920
[email protected]
Phone: (954) 233-8000 x 473
Fax: (951) 233-8661
Sent Via Fax. Mail. & Email
RE: Your File No.: 08-94198
AIDA PEREZ
Dear Ms. Elsa Shum,
We spoke to you back on November 21, 2008 on behalf of our client Mr. Pablo
Guerra whereby we advised you that you had wrongfully sued our client as he has not
relation to the above captioned matter.
You requested that we supply you with Mr. Guerra's Drivers License and the last
four of his social security number which we did via fax and email. You represented that
you would research the matter and confirm the proof of service and get back to us to
ensure that our client is removed as a named Defendant
Now, we have been advised and have received a copy from our client of a
Judgment that was entered against him. We have been trying to contact someone with
authority to assist us in dismissing. the judgment or to confirm in writing that in fact the
judgment is against another Pablo Guerra and not our client We kindly request prompt
attention and response to this matter as time is of essence. We thank you in advance for
your anticipated cooperation as we have been unsuccessful when calling your law firm to
date to obtain some resolution of this issue.
Sincerely, PHANC & SHAFFER, LLP cc: Mr. Pablo Guerra
Attachment 11/21/08 letter
PHANCAO & SHAFFER, LLP
Attorneys and Cori s'/ors-at-Law
VOrb —
3151 Airway Avenue, Suite E2
Costa Mesa, CA 92626
Ph. (714) 966-2646
Fx. (714) 7544148
[email protected]
November 21, 2008
Ms. Elsa Shum
Law Office of David J. Stem, P.A.
900 South Pine Island Road, Suite 400
Plantation, Florida 33324-3920
eshum®dstern.com
Phone: (954) 233-8000 x 473
Fax: (951) 233-8661
Sent Via Facsimile
RE: Your File No.: 08-94198 AIDA PEREZ Dear Ms. Elsa Shum,
This office represents Mr. Pablo Guerra who was served by your office in the
above captioned case a few weeks back.
We are sending this letter to confirm in writing that our client is NOT the
Defendant in question. Mr. Guerra has nothing to do with this suit or with the-property
associated with the suit. It is our position that he was improperly served and we will not
be Answering to any suit on his behalf in order to avoid legal expense to our client.
Attached please find a copy of our client's Driver's License. As discussed today
with you telephonically, the last four of his social is redacted If there is further information
or documentation that you would like us to provide please let me know. Kindly confirm
if he was improperly served and advise as to how you would like to proceed. I thank you
in advance for your attention to this correspondence and our confirmation that our client
is not the named Defendant in this suit.
Sincerely, PHANC 0 & SHAFFER, LLP 4rA
dillMVZ I
Shadi Ala'i Shaffer
cc: Mr. Pablo Guerra
L.,
Plakrtiff
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matter clime beriare the Court for bearing cin thernotion/S above_
Jt 4 hereby..400ered are Adjudejeth.
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yarn . kAfthAernfr_. 2057 3.
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and yd zi1eri i.
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Done and 4rdeied at bfiami, Nani-Dade County, Florida this
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, 2010_
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The Florida Bar
Exhibit V
02/07/2013 THU 17:32 1TI/R1 NO 93851
LAW OFFICES OF JAMES P. COVEY, P.A. 1111 S. Federal Highway, Suite 118
Stuart, Florida 34994
772-286-5820
FAX 772-286-1505
915 17' Street, Suite 106
Vero Beach, Florida 32960
772-7704160
FAX 772-770-6074
Mailing Address:
Post Office Box 657
Vero Beach, Florida 32961
August 31, 2010
VIA UPS DELIVERY
Miguel A. Gonzalez, Esq.
Law Offices of David J. Stern, P.A.
900 South Pine Island Road
Suite 400, Plantation, FL 33324-3920
Re: Bank of America vs Estate of Frances J. Vaxmonsky
Your File No. 09-77502
Dear Mr. Gonzalez
Enclosed you will find a miner's check, made payable to Bank of America N.A., in the amount of
$49,887.84-. This check represents full satisfaction-of the above referenced matter, as agreed upon
by your office.
This check is to be held in escrow until a Satisfaction of Mortgage has been signed by your client,
Bank of America, N.A., and the original of same provided to my office for recording.
Further, enclosed is a Satisfaction and Release of Claim which I would request that you sign on
behalf of your client, as this document will be required in the probate administration. matter.
I look forward to receiving a Satisfaction of Mortgage from you in the near future.
The Florida Bar Exhibit W •
63-4712/970
9816 8 US HWY. 1
SAINT LUCIE, FL 34952
GI 11S1141,,‘NIi PORT
www.081313.com
PHONE 77240043940
ill sSINESS it \ "Nl■
FAX 772408-6941
,No.
007013 -
08112/10
AMOUNT
***49 887.841"
PAY TO THE ORDER OF EANK OF AMERICA, N.A.
(
CASHIERS CHECK
***FORTY NINE THOUSAND/EIGHT HUNDRED EIGHTY SEVEN and 84/100***U9cIlars
REMITTER: ESTATE OF FRANCES VAXMONSKY
/4
Al"
•-1r0,4fr111F16
redacted
II"�
_17*
i
es4.0� wry'- sPor-ArAeveekv Imo=
ets,""rer �
08112/10
CaV9 3 3ga
.007013
"*49,887.84***
BANK OF AMERICA, NA
"'FORTY NINE THOUSAND EIGHT HUNDRED EIGHTY SEVEN and 134/100*"USDollara
REMITTER: ESTATE OF FRANCES VAXMONSKY
IN THE CIRCUIT COURT FOR INDIAN RIVER
COUNTY, FLORIDA
IN RE: ESTATE OF
FRANCES J. VAXIVIONSICY File No. P-09-0452
SATISFACTION AND RELEASE OF CLAIM
The undersigned, BANK OF AMERICA, N.A., has received full payment of Forty Nine
Thousand Eight Hundred Eighty Seven Dollars and Eighty Four Cents ($49,887.87) regarding the
claim which was filed in this proceeding by the court against the above estate, or has otherwise
settled or compromised said claim, and this Satisfaction and Release of Claim is executed to
acknowledge discharge of the claim and to release James P. Covey, PA and Joseph Vaxmonsky,
from all further liability with respect thereto.
Signed on
,2010.
BANK OF AMERICA, N.A.
By: Miguel Gonzalez, Esq.
Attorney for Bank of America, NA
LAW OFFICES OF JAMES P. COVEY, PA. 1111 S. Federal Highway,
Smite 118, Stuart, FL 34994
Telephone: 772.286.5820
Facsimile: 772.286.1505
MAILING ADDRESS
P.O. Box 657,
Vero Beach, FL 32961
James P. Covey, .I.D., M.B.A.
Licensed to Practice in Florida and Maryland
Robyn H. Esclunann
Florida Registered Paralegal/Finn Administrator
November 29, 2010
The Florida Bar
Attorney / Consumer Assistance Program
651 East Jefferson Street
Tallahassee, FL 32399-2300
RE: Estate of Vaxmonsky v. Bank of America
915 17* Street, Smite 106,
Vero Beach, FL 32960
Telephone: 772.770.6160
Facsimile: 772.770.6074
Dorothea F. DePace
Florida Registered Paralegal
Alexandra N. DeMayo
Legal Assis
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-4
-7 614
ECEI veb 1;3
DEC - 200
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1-49P
1:311)-14
.1GSEE,
0-°
To Whom It May Concern:
This letter is to make a formal complaint with regard to the handling of a foreclosure proceeding by
the Law Offices of David J. Stern, PA.
My office represents Jody Vaxmonsky, in his fiduciary role as Personal Representative of the Estate
of Frances J. Vaxmonsky.
At the time of Mrs. Vaxmonsky's death, she was indebted to Bank of America, NA for a credit line
which was secured by her homestead property.
Bank of America, NA, through their attorney, the Law Offices of David J. Stern, PA, filed a
foreclosure action against the Estate of Frances J. Vaxmonsky. After settlement discussions, a pay­
off amount of $49,887.84 was agreed upon as full settlement of the debt. This is noted and
confirmed by the attached email from Claudia L Sunge, who is the Manager of the
Reinstatement/Payoff Dept of the Law Offices of David J. Stern, PA
On August 31, 2010, our office overnightecl the agreed upon settlement amount to the Law Offices
of David J. Stern, P.A., with specific instruction that the check was to be held in escrow pending
receipt of a Satisfaction of Mortgage. A copy of our letter, along with a copy of the check is attached
hereto. You will note that the actual check was also noted with instruction to be held in escrow.
LAW OFFICES OF JAMES P. COVEY, PA
The Florida Bar Exhibit X Page -2-
On September 7, 2010, the Law Offices of David J. Stem, P.A., negotiated our pay off check by
depositing same into the law firm trust account. A copy of this check (front and back) is enclosed.
Several phone calls have been made to the Law Offices of David J. Stem, P.A. in an attempt to
obtain the requested and required Satisfaction of Mortgage. Each phone call has been forwarded to
a different attorney now handling the case and each time the call is promised to be returned with
information regarding delivery of the Satisfaction of Mortgage. To date, not one call has been
returned from the Law Offices of David J. Stern, P.A.
The Law Offices of David J. Stern, P.A. have filed a Voluntary Dismissal of the foreclosure lawsuit,
however, the decedent's property, to which this mortgage is attached to, will remain with a clouded
titled until a Satisfaction of Mortgage can be obtained and recorded.
My office cannot deal directly with Bank of America NA to obtain this Satisfaction of Mortgage
because they are (i) represented by counsel; and (ii) it is not known if Bank of America NA has
received any funds or if the funds still remain in the trust account of the Law Offices of David J.
Stern, P.A.
A request is formally made to The Florida Bar for assistance with this matter. Thank you.
Sincerely),
Jams P. Covey, E
khe
enclosures
cc.
Jody Vaxmonsky, Personal Representative
LAW OFFICES OF JAMES P. COVEY, RA. RE: 09.-775022RE: Bank of America v Vaxmonsky
Subject: RE: 09-77502-RE: Bank of America v Vaxmonsky From: "Claudia L. Bunge" <[email protected]> Date: Thu, 26 Aug 2010 15:50:49 -0400 To: "Robyn H Eschmann" <[email protected]>, "Miguel A. Gonzalez" <[email protected]> Go ahead and send out. Claudia Claudia Bunge, Operator #10001 Manager, Reinstatement/Payoff Dept. The Law Offices of David J. Stern, P.A. 900 South Pine Island Road, Ste. #400 Plantation, FL 33324 Phone:(954) 233-8000 EXT# 1131 Fax :(954) 233-8578 Email: [email protected] NOTICE: This e-mail message and any attachment to this e-mail message contains
confidential information that may be legally privileged. If you are not the
intended recipient, you must not review, retransmit, convert to hard copy,
copy, use or disseminate this e-mail or any attachments to it. If you have
received this e-mail in error, please notify us immediately by return e-mail or
by telephone at 954-233-8000 and delete this message. Please note that if this
e-mail message contains a forwarded message or is a reply to a prior message,
some or all of the contents of this message or any attachments may not have
been produced by the sender.
DISCLAIMER REGARDING UNIFORM ELECTRONIC TRANSACTIONS ACT ("UETA") (FLORIDA STATUTES SECTION 668.50): If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication. Contract formation in this matter shall occur only with manually affixed original signatures on original documents. 7
Original Message 7
From: Robyn H Eschmann [mailto:[email protected]) Sent: Thursday, August 26, 2010 2:13 PM To: Claudia L. Bunge; Miguel A. Gonzalez Subject: Re: 09-77502-RE: Bank of America v Vaxmonsky I have a cashier's check in hand for this amount, however it is made payable to Bank of America. Please advise if acceptable before I mail. —R
On 8/26/2010 11:29 AM, Claudia L. Bunge wrote: Robyn, Please forward a cashier's check or money order in the amount of $49,887.84 payable to the Law offices of David 3. Stern, P.A. 900 S. 1
1 of 3
8/31/2010 10:43 A/v
RE: 09,-775022kE: Bank of America v Vannonsky
Pine Island Road, Suite #480, Plantation, FL 33324. Funds must be tendered on or before August 30, 2018. Should you have any questions, please contact me directly. Thanks, Claudia Claudia Bunge, Operator #18001 Manager, Reinstatement/Payoff Dept. The Law Offices of David 3. Stern, P.A. 900 South Pine Island Road, Ste. #400 Plantation, FL 33324 Phone:(954) 233-8098 EXT# 1131 Fax :(954) 233-8578 Email: CBUNGEODSTERN.COM NOTICE: This e-mail message and any attachment to this e-mail message contains confidential information that may be legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at 954-233-8000 and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender. DISCLAIMER REGARDING UNIFORM ELECTRONIC TRANSACTIONS ACT ("UETA") (FLORIDA STATUTES SECTION 668.50): If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication. Contract formation in this matter shall occur only with manually affixed original signatures on original documents. 7
Original Message 7
From: Miguel A. Gonzalez Sent: Wednesday, August 25, 2010 5:37 PM To: 'Robyn H Eschmann' Cc: Claudia L. Bunge Subject: 09-77502-RE: Bank of America v Vaxmonsky Claudia- I have copied Robyn on this email. Please forward her the instructions as to sending the check on this file. Miguel A. Gonzalez, Esq. Law Offices of David 3. Stern, P.A. 908 S. Pine Island Road, Suite 400 Plantation, FL 33324 2 of 3
8/31/201010:43 Alv
LAW OFFICES OF JAMES P. COVEY, P.A. 1111 S. Federal Highway, Suite 118
Stuart, Florida 34994
772-286-5820
FAX 772-286-1505
915 17th Street, Suite 106
Vero Beach, Florida 32960
772-770-6160
FAX 772-770-6074
Mailing Address: Post Office Box 657 Vero Beach, Florida 32961 August 31, 2010
VIA UPS DELIVERY
Miguel A. Gonzalez, Esq. Law Offices of David I. Stem, PA. 900 South Pine Island Road Suite 400, Plantation, FL 33324-3920 Re: Bank of America vs Estate of Frances J. Varmonsky Your File No. 09-77502 Dear Mr. Gonzalez: Enclosed you will find a cashier's check, made payable to Bank of America N.A., in the amount of $49,887.84. This check represents full satisfaction of the above referenced matter, as agreed upon by your office. This check is to be held in eSCIDV1 until a Satisfaction of Mortgage has been signed by your client, Bank of America, N.A., and the original of same provided to my office for recording. Further, enclosed is a Satisfaction and Release of Claim which I would request that you sign on behalf of your client, as this document will be required in the probate administration matter. I look forward to receiving a Satisfaction of Mortgage from you in the near future. Si P. Covey, Esq.
sures
IN THE CIRCUIT COURT FOR INDIAN RIVER
COUNTY, FLORIDA
IN RE: ESTATE OF
FRANCES J. VAXMONSICY File No. P-09-0452
SATISFACTION AND RELEASE OF CLAIM
The undersigned, BANK OF AMERICA, NA., has received full payment of Forty Nine
Thousand Eight Hundred Eighty Seven Dollars and Eighty Four Cents ($49,887.87) regarding the
claim which was filed in this proceeding by the court against the above estate, or has otherwise
settled or compromised said claim, and this Satisfaction and Release of Claim is executed to
acknowledge discharge of the claim and to release James P. Covey, PA and Joseph Vaxmonsky,
from all further liability with respect thereto.
Signed on�
,2010.
BANK OF AMERICA, NA.
By: Miguel Gonzalez, Esq.
Attorney for Bank of America, NA.
GULLS FIZE ‘NI
BUSINESS B NK
63-4712/670
9815 $ US HWY. 1
PORT SAINT LUCIE, FL 34952
www.OS8B.com
PHONE: 772408-5940
FAX: 772405-6941
-- •
007013 e
No.
0E02/10
AMOUNT
***49 887.84***
PAY TO THE ORDER OF BANK OF AMERICA, N.A.
• CASHIERS CHECK
***FORTY NINE THOUSAND)EIGHT HUNDRED EIGHTY SEVEN and 84/100* US
liars
REMITTER: ESTATE OF FRANCEg VAXMONSKY
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BANK OF AMERICA, NA
***FORTY NINE THOUSAND EIGHT HUNDRED EIGHTY SEVEN and 84/100***USDollars
REMITTER: ESTATE OF FRANCES VAXMONSKY
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CASHIERS CHECK '
FORTY NINE THOUSAND EIGHT HUNDRED EIGHTY SEVEN and 84f10OUSars
REMITTER: ESTATE OF FRANCES VAXMONSKY
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RjuELCiE31V2E011:
THE FLORIDA BAR
INQUIRY/COMPLAINT FORM
t AGAP
-7/14SSEE
PART ONE (See Page I, PART ONE — Required Information.):
Attorney's Name: Law Offices of David J. Stern,
Your Name: hidi Young, Closing Supervisor
Address: 900 South Pine Island Road - Suite 400
Organization: Mackinac Savings Bank, FSB
Address: 33333 W. 12 /vfile Road - Suite 100
City: Plantation
State: FL
City: Farmington Hills
Zip Code: 33324 Telephone: 9542334000
State: MI
Zip Code: 48335
phone: 800-829-9259
Email: [email protected]
ACAP Refers= No.
PART TWO (See Page 1, PART TWO — Facts/Aliggations.): The specific thing or things I am complaining about are:
Unable to get clear title, Attorney failed to ffie a Release of Lis Pendens. The Notice of Lis Pendens was filed on
March 23,2009. The property was sold and the new owner closed on the property 5/28/2010. See Attached HUD
As of today's day the lien has not be released. Mackinac Savings Bank is unable to receive the final title policy from
Integrity Realty Title Group, Inc. as the result of the outstanding lien.
Law Offices of David J. Stern, P.A. was the attorney of record for the seller. fiki, 0 ctft
Mackinac Savings Bank Loan Number is
redacted
PART THREE (See Page I, PART THREE — Witnesses.): The witnesses in support of my allegations am: [see attached
sheet].
PART FOUR (See Page 1, PART FOUR— Signature.): Unde r pmtaltles of perjury, I declare that the foregoing facts are
true, correct and complete.
The Florida Bar
Exhibit Y
&
MACKINAC SAVINGS BANKI FSB 38345W 10 Mile Road, #100 • Farmington Hills, mr 48335 Office: (248) 553-3555 • Facsimile: (248) 553-4355 Witness List
1. Edith Collie 6901 NW 44th Court, Lauderhill, Florida 33319 2. Integrity Realty Title Group, Inc. 8581 W. McNab Road, Tamarac, Florida 33321 3. Judi Young, Closing Supervisor, Mackinac Savings Bank,-800-829-9259 ext 3230_
CF11 # 108553716, OR BE 46156 Page 1260, Page 1 of 2, Recoroed 04/23/2009 at
07 : 24 AN, Eroward County Comou.sta.on , Deputy Clerk 2090
This spa is for noway; somas
IN THE (=MT COURT OF THE 1
CIRCUIT, IN AND FOR EROWARD
CCrir
CiENERAL JURISDICTION DIVISION
CASE NO..
AGAINST ITIE HEREIN NAMED INDIVTDUAL DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD MAUVE , WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES,HEIRS, DEVISEES, GRANTEES OR OTHER CLAIMANTS; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; THE ESTATES OF INVEERARY HOMEOWNERS ASSOCIATION, INC: JOHN DOE AND JANE DOE AS UNKNOWN TENANTS IN POSSESSION NOTICE OF LIS PENDENS
I. TO: lbe above wend Defasdnott, AND ALL OTHERS WHOM IT MAY CONCERN:
2. YOU ARE NOTIFIED of thy institution antis action by the Fleseiff aplenty= =long to foreclose the Note
sod Mettgep eacannbaing the detabed propaty sad the decreeing of snie of ON prepay node the direction ofthe wort hi default of the neat of the emcee freed lobed the Finialif under the Note id Mortpge, and kir
other, lather awl gatael reliefset forth tbe Complaint.
remerricooceenensaessa.sonee
1.• t
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• • .4. 4.1.10
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CFN I 10S553716, t...... BK 46156 PG 1261, Pogo 2 of 2
3. Ilic propoty involoci is this cubit paccol, NA to colt silicate, lying mod being It BROWAED Cattail. nark* III
sat faith la dot mortgage tecooled le Official Records Book 4076B, at Pigs 211 mod rerecorded CO MAY 29,2007 la
Ofildel Rama Boole 44103 at Page 1779, mon peaticohrty described as folly=
LOT 22, BLOCK Z BOULEVARD WOODS SOUTH, ACCORDING TOTHB FIAT 'IMHOF, AS
RECORDED IN PLAT BOOK 101, PAGE 6, MIMI PUBLIC RBCOIRDS OF BROWARD COUNTY,
FLORIDA.
Dated at titl2tiefil
09-29$41 ALS
900 South Picc lobed Road SUITE 400
Plantation, FL 33324-3920
(9$4) 2334000
Bur t. 0450065
Li--5421-4
48,5 0 073 (76
CFP4 # 109371959
OR Elk 47132- Pages 1110 -1 i7
RECORDED 06/08/10 112Z13
BROWARDooliNTY cotalissioN
DOC4t $67235 INT. TAX UK t 7
DEPuTY CLERK mos
WHEN RECORDED, MAIL TO:
• biaeldnae Savings Bank, Fal
38345 West ihn Mlle Reed - Suite DM
Farndngtea Hills, MICHIGAN 48335
028 Pages
This isstrument was prepared br,
Judi Young
Mackinac Sevin," Bank, FSB
38345 West Ten Mile Road - Suite UM
Faradngton Mlle, MICHIGAN 48335
818-829-9259
Loan Number redactedi0,1 it
ppmAbove Ns Line Fee Recording Dalai
State ef Merida
MORTGAGE
FHA Case Number.
0954643443 -702
MIN: 100086150002320032
ThIS MORI13A(E ("Security Instrument') is given on May 28, 20111.
The Mork:nor is brda Collie, A Single Women, ("Borrower)
whose address is 6961 NW 44(it Coati, Lauderbill, FLORIDA 33319This Security Instrument is given 10 Mortgage Electronic Registration Systems, Lie. ("MRS", (solely as Isemince for Leader as
hereinafter defined, and Leader's successors and assigns), as mortgagee. MERS is organized and existing under the laws of Delaware,
and hes an address and telephone number of P.O. Box 2826, Mut, MI 48501-2026, tel. (888) 679-MERS.
Maddest Savings Bank, FEB, a federal savings bank, ("Lender")
is organized and existing ruder the laws ofThe United States ofArnerica,
and has es address of288 North Congress Avenue, Boynton Beach, FLORIDA 33426.
I3orrower owes Lender the principal sum of ONE HUNDRED NINETY-TWO THOUSAND EIGHTY-SEVEN AND NO/1011,
Man (U.S. 3152,087.00). This debt is evidenced by Borrower's note dated the sane date as this Security Instrument ("Note"), which
provides tbr monthly payments, with the fidl debt, if not paid earlier, due and payable on June 1, Mt This Security Instrument secures
to Lender (a) the repayment of da debt evidenced by the Nose, with interest, and all renewals, extensions and modifications of the Note;
(b) the payenst of all other suns, with knerest, advanced ander paragraph 7 to protect the security ofthis Security bstrumen4 and (e) the
perfonnenee of Borrower's covemans and agreements ruder this Security butrument and the Note. For this purpose. Borrower does
hereby mortgage, part and convey to MERS (solely as nominee kr Lender and Lender's successors and assigns) and to the sucomsors
and assigns of MERS, the following desonled property located in Browsed County, Floridm
PHA Flodda Media& Ma PIERS —4195
Its, me
Page loll
Beetreadin hteIS
QL"'"
Let 22, Medi 2, Boulevard Woods South, according to the map or plat thereof as recorded in Plat Book 101, Page 6,
Piddle records of Bmorard County, Florida.
Parcel ID Number: 0115414480
'which has the addnms of 6901 NW 44th Court Landettal, FLORIDA 33319. ("Peopaty Adciresa"): TOGETHER WITH all the improvements now or hereafter exected on the property, and all easements, appurtenances and &elutes
now or hereafter a mat of the property. MI replacements and addhions shaft also be covered by this Security Instrument All of the
foregoing is referred to in this Security hatnunent as the "Property." Bonowasmderstands and apses that MERS holds only legal dtie to
the intmels granted by Borrower in this Security Instomene but, If necessary to comply with law or custom, MEM, (as nollince for
Lender and Lender's successocs and ressiges), has the right: to exercise any or all of those interests, including, but not limited to, the eight
to fareclose end sell the Property; and to take any action required of Lender including, but not limited to, releasing or canceling this
Seanirty Instrument
BORROWER COVENANTS that Borrower is lawfully mired attic estate hereby conveyed and has the right to mortgage, grad and
convey the Property and that the Property is eneacambeted, except for encumbrances of record. Boirower warrants and will defend
garerally the tide to the Property against all claims and demands, subject to army encumbrances of record.
MIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations
by jurisdiction to constitute a =Wm security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payamart of Pereira, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt
evidenced by the Note and late charges due underthe Note.
2. Monthly Payment onions, Inmeence and Other Charges.Dorn:nver shall include is-each monthly moment, together with the
ptincipal and intentst as ort forth in the Note and any late charm, a man for (a) taxes and special assessments levied or to be levied
against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under patagraph 4.
In any year in which the Lender nmst pay a mortgage insurance minim to the Secretary of Housing and Urban Deveiopment
rSecretarr), aria any year in which such premium would have been requited if Lender still held the Security Instrument, each monthly
payment shall also include either (I) a sum fix the annual mortgage insurance premium to be paid by Lender to the Sccretarx or 00 a
monthly charge iastead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be
determined by the Secretary. Except for the monthly charge by the Secretary, these items we called 'Escrow Items" and the sums paid to
Loader are celled l'E.serow Funds."
Lender may, at any time, collect and bold amounts for Escrow hems in an aggregate arommt not to exceed the maximum amount that
maybe required for Borrower's esaow account under the Real poem &aliment Procedures Act of 1974,12 U.S.C. Section 2601e I seq.
and intplemarthe regulations, 24 CFR Part 3500, as they may be amended from time to time CRESPA1, except that the cushion or
reserve pamitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments am available in the
account may not be based on amounts due for the mortgage insurance premium.
If the amounts held by Lender for Escrow Items exceed the amotmts permitted to be held by RESPA, Lender shall account to
Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the
Escrow lions when due, Lender may notify the Bonower and requite Bonower to make up the shortage as permitted by RESPA.
The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument If Bamwer tenders to Lender
the fill payment of all such sums, Borrower's account shall be credited with the balance remaining frail installment items (a), (b), and
(c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Leader shall
PHA Florida Ilodesee with
late=
S—
, Ametided 2101
Pep 2 of 7
Berrovex(s) woos _____
promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender,
Borrower's account shall be treated with any baloney remain-Mg for all installments for items (a). (b). and (c).
3.Appliestion of Payments. All payments under paragnmhs I and 2 shall be applied by Lender as follows:
Eint, to the morqpge insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of
the monthly mortgage insurance prendune
Second. to any taxes, special assessments, leasehold payments or ground mots, and fire, flood and other hazard insurance premiums,
as Aspire*
Mint to interest due under the Nota
Fendh, to amortization ofthe principal of the Note; and
Ex* to late charges due soder the Nem.
4.Fbre, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or
anbaminentlY elected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This
insurance shall be nmintoined in the amounts and 53r the periods that Lender requires. Borrower shall also Insure all improvements on the
Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretmy. All insurance
shall be carried with compenies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include
loss payable abuses in favor of, and in a form acceptable to. Lender.
In the event of bss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by
Borrower. Bach insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead
of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the
reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amazes applied in the order in
paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the
pooled: to the prktimd shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or
deer the amount of such payments. Any excess insurance proceeds over an amormt required to pay all ontstanifing indebtedness under
the Note and this Sectrity Instrument shall be paid to the entity legally entitled thereto.
In dm met of bombs= of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all
right, title and hgerest of Bonower in and to insurance policies in force shall pass to the purchaser.
S. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Leen Appnattion; Leaseholds.
Borrower shall occupy, establish, and me the Property as Borrower's principal residence within sixty days atter the execution of this
Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as
Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause
undue hardship for Bomower, or unless extenuating channel's:es exist which am beyond Borrower's control. Borrower shall notify
Lender of any extenuating chametances. Borrower- shall not commit waste or destroy, damage or substantially change the Property or
allow the Property to deteriorate, reasonable wear and tear accepted. Lender may inspect the Property if the Property is vacant or
abandoned or the loan is in default Lender may take seasonable action to protect and preserve such vacant or abandoned Ptoperly.
Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or
statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note,
inclafing, bta not limited to, representations concerning %mower% occupancy of the Property as a principal resiclence. ft.this Securily
Instrument is a a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee tide to the Property, the
leasehold and fee title shall not be merged unless Lender agrees to the merger in writing.
6. Condom:dm The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation
or other tithing of any pat of the Property, or for conveyance in place of condannation, are hereby assigned and shall be paid to Lender to
the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument Lender shall apply such
c.kanndadt101
Manatee Morlipage NM PIERS — 4006
•
IrC
Bortonet(a)
a-e_
' d in the
proceeds to the reduction of the brdebrodness under the Note and this Security Instrument, first to any delinquent amountsapphe
order provided in paragraph 3, and time to prepayment of principal. Any application of the proceeds to the principal shall not extend or
postpone the due date of the monthly payments, which we referred to in paragraph 2, cc change the amount of such Payments- AM excess
proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the
endty legally entitled thereto.
7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal
charges, fans and impositions that arernot included in paragraph 2. Borrower shall pay these obligations on time &reedy to the entity
which is owed the payment. If failme to pay would adversely affect Lender's interest in the Property, Icon Lender's request Borrower
shall promptly finish to Leader receipts evidencing these payments.
Borrower 1s to maim these payments or the Payments required by paragraph 2, or falls to perform any other covenants and
agreements contained is this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the
Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Larder may do and pay whatever
is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard innuance and
other items mentioned in paragraph 2.
Any mounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security
Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lender, shall be
hantediately due and payable.
Borrower shaft promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to
the payment of the obligation secured by the lien ma manner acceptable to Lender, (b) contests in good faith the hen by, or defends
against enfocement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien or (c)
seams from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender
deteemines that any part of the Propesty is subject to a Ken which may attain priority over this Scarily Instrument, Lender may give
Bonower a notice idenfifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of
the giving ofnotice.
S. Fees. Lender may collect foes and dunes authorized by the Secretary.
9. Grounds for Amite:don of Debt.
(a) Delo& Lender may, except as finked by regulations issued by the Smeary, in the case of payment defaults, require
immediate payment its full ofall sums secured by this Security Instrunsest if
(i) Borrower defaults by Ming to pay in full any monthly payment required by this Security Instrument prior to or on the
due date of the next monthly payment, or
(h) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security
Instrument.
(b) Sale Without Credit Approval. Lender shell, if permitted by applicable in (including Section 341(d) of the
Garn-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior approval of the Secretary, require
inunafiate payout in full of all sums secured by this Security Instrument if
(i) All or part of the Property, or a beneficial interest in a Met owning all or part of the Property, is sold or otherwise
transferred (other than by devise or descent), and
(ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee
does so occupy the Property but his or her credk has not been approved in accordance with the requirements ofthe Secretary.
(e) No Waken If circumstances occur that would permit Lender to require immediate payment in full, ha Lender does not
require such payments. Lender does not waive its tights with respect to subsequent events.
FHA Redd. Modepum with NERS —WM
irs. ice.
Page 4 or
Banowals) bleeds
Or"'
(d)Itemdations of HUD Secretory. In marry circumstances regulations issued by die Secretary will limit Lenders rights, in the
case of paymeot defaults, to require inunedia te payment in full and foreclose if not paid. This Security Instrument does not authorize
acceleration or foreclosure if not permitted by regulations oldie Secretary.
(e)Mortgage Nat Iniamed. Borrower amen that if this Security instrument and the Note are not detamined to be agile for
insurance under the National Housing Act within 60 days from the date hereof Lender may, at its option. require immediate Payment
in till of all mu secured by this Security Instrumat A written statement of any authorized agent of the Secretary dated subsequat
to 60 days boot the date hereof declining to insure this Security Instrument and the Note, shall be deemed conclusive p_roof of such
indigiblty. Notwithstanding **foregoing, this option may not be exercised by Leader when the unavailability of insurance is solely
due to Lender's him to results mortgage insurance premium to the Seaetay.
Relostetement. Borrovor has a right to be reinstated if Lender has required immediate payment in full because-of Borrower's
&Owe to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are
instituted. To reinstate the Security Imannuent, Borrower shall tender in a lump sum all aniounis required to bring Borrower's account
cannot including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and
=Somers attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this
Security Instrument and the obligations that it secures shall remain in effect as if Lender bad not required immediate payment in full.
However, Leader is at required to permit reinstatement le (i) Lender has accepted reinstatement after the commencement of foreclosiue
reinstatement will
proceedings within two yam immediately preceding the commencement of a amen* fcceclosure proceeding,
peels& fonxdosure on &Smut grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien crated by this
Security Instrument.
IL Renewer Not Rekased; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of
antadzsdon of the somas secured by this Security Instrumat muted by Lender to any successor in intaest of Borrower shall not operate
to ilium the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence ptoceedings
against any succeseir in intaest or refine to extend time for payment or °Chemise modify amorthation of the nuns seemed by this
Security Lemenent by reason of any demand made by the original Bixrower or Borrower's successors in interest. Any forbearance by
Lender in exacising any right or ranedy shall not be a waiver of or preclude the exercise of any right or remedy.
12.Swami and Assigns Resod; Joint and Several liability; Co-Sigsers. The covenants and agreements of this Security
Instrement shall bind and benefit the successors and assigns of Lender and Borrowey subject to the previsions of paragraph 9(b).
Borrower's covenants aid agteanents shall be joint mid several. Any Borrower who co-signs this Security Instrument but does not
execute the Nita (a) is co-signing this Security Instrument only to mortgags, grant and convey that BOITOINtes imam in the Property
under the tams of this Security Instrument (b) is not personally obligated to pay the sums secured by this Security Instrimient and
(c) agrees that Lender and any other Borrower may agree to mend, modify, forbear or inake any accommodations with regard to the
tams of this Security Irishmen or the Note without that Borrower's consent.
13.Mama. AnY notice to Borrower provided for in this Security Initrument shall be given by delivering it or by mailing it by first
class mail imless applicable law requires use of another method_ The notice shall be directed to the Propaty Address or any other address
Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated haein or any
address Lender desk:mites by notice to Borrower. Any notice provided for in this Security instrument shall be deemed to have been given
to Bortinvercc Lender when given as provided in this paragraph.
14.Governing Law; Severabeity. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in
which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable
law, such conflict shall not affect other provisions of this Security Liniment or the Note which can be given effect without the conflicting
province. To this end the provisions ofthis Security Instrument and the Note are declared to be sevaable.
FHA Meld' Motives aft
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Page 5 of 7
Bannwerts)
IS. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security histnunent.
16.Ithreardons Substances. Borrower shall um cause or permit the presence, use, disposal, storage, or release of any Hazardous
Suhstanoes on orb the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of
any Environmental Law. The preceding two sentences shall not apply to tbe presence, use, or storage on the Property of small quantities
ofHazardous Sdahmoes that am generally recognized to be appropriate to normal residential uses and to maintenance of the Property.
Borrower shall promptly give lender written notice of any investigation, clam, demand, lawsuit or other action by any gowsnmental
_or regularity agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has
actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remairdion of
any Hannicas Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance
with Environmental Law.
As used in this paagraph 16, "Hammbus Substances" are those substrates defined as toxic or hazardous substances by
Environmental Law and the Mowing substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and
herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16.
"Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or
enviroomerdal protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
17.Assigsmemt of Rasta. Borrower unconditionally assigns and transfers to Lender all the rants and reventass of dm Propaty.
Borrower authorizes Lender or Leader's agents to collect the rents aid revenues aid hereby directs each tenant of the Property to pay the
ram to Lender or Leader's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in
the Security Instrument, Borrower shall collect and receive al rents and revenues of the Properly as trustee for the benefit of Lender and
Bonowet This assimmeot of rents constitutes an absolute assignment and not an assignment for editionsl security only.
If Lends gives notice of breach to Borrower: (a) all an received by Borrower shall be held by Borrower as trustee for benefit of
Lender only, to be applied to the mos secured by die Security Instrumerm (b) Larder shell be entitled to collect and receive all tithe
rents of the Property; and (c) each tenant of the Property shall pay all nuts due and unpaid to Leader or Lender's agent an Lender's
written deemed to the tenant.
Borrower has not mated any prior assignment of the MKS and hanot and will not perform any act that would prevent Lender from
exercising its rights under this Paragraph 17.
Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice or breach to
Borrower. Howeve4 Lender or a jurficiagy appointed receiver may do so at any time there is a breach. Any application of rads shall not
cure or waive any default or invalidate any other right or remedy ofLender. This assigronent of MU of the ProPettY shell tandem when
the debt secured by the Security instrumead is paid in foll.
18.Foreclosure Procedure. If Leader requires inanierfiete payment in fidl ander paragraph 9, Lender may foreclose this
Security Instroment by judicial proceeding. Leader shall be entitled to collect all expenses hammed in pursuing dm remedies in
this Paragraph 18, Wading, but not limited to, reasonable attorneys' fees and costs rid& evidence.
lithe Larder's intense io this Security haemostat is held by the Secretary and the Secretary requires immediate payment hi
kill under Paragraph 9, the Secretary may Invoke the otiojudielal power of sale providerLin the Single Family Mortgage
Foreclosure Act .1 1994 Mal (12 U.S.0 3751 at seq.) by requesting a foredoom commissioner designated node' the Act to
consmaroa foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the
Secretary away rights otherwise available toe Larder trader this Paragraph 18 or applicable lam
19.Release. Upon paymat of all sums secured by this Security butrument, Lender shall release this Security Instrument widicut
chime to Borrower. Borrower shall pay any recordation costs.
Flth Mitts Martipart
ca. lot
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not
11111Be
Page 8d7
Botrowar(a) Mats Wimnallid
FBA Case No.
093464344342
Loan Number: =MO
REHABILITATION LOAN RIDER
THIS REHABILITATION LOAN RIDER is made this 28th dry ef May, Me, and is incorporated into and
shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed ("Security Instrument") of
the sante date given by the undersigned ("Borrower") to secure Borrower's Note ("Note") to Mackinac Savings Bank,
FM a federal ravings bark ("Lender") of the same date and covering the Property described ki the Security
Instrument and located at
ii9111 NW 44th Court
Lauderhill, FLORIDA 33319
(Property Address)
ADDMONAL COVENANTS. In addition to the covenants and agreanents in the Security Instrument.
Borrowerand Lender feather covenant and agree as follows
A. Loan pareeeds are to be advanced for the premises in accordance with the Rehabilitation Loan
Ameentent dated May 28, 2010, between Borrower and Lender. This agreement is incorporated by
reference and made a part of this Security Instrument No advances shall be made unless approved by
the Secretary of Housing and Urban Development or a Direct Endorsement Underwriter.
B. If the rehabilitation is not properly completed, performed with reasonable diligence, or is discontinued
My time except for strikes or lockouts, the Lender is vested with fell authority to take the necessary
steps to protect the rehabilitation improvements and property from harm, continue existing contracts or
enter into necessary contracts to complete the rehabilitation. All sums expended for such protection,
exclusive of the advances of the principal indebtedness, shall be added to the principal indebtedness,
and secured by the Security Instrument and be due and payable on demand with interest as set ont in the
Note.
C. If Borrower fails to pnform any obligation ceder the loan, including the commencement, progress and
COMpletion provisions of the Rehabilitation Loan Agreement, and such failure continues for a period of
30 days, the loan shall, at the option of Lender, be in default
D. The Property covered by this Security Instrument shall include all of Borrower's interest In funds held
by Lender in escrow under the Rehabilitation Loan Agreement.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
n Loan Rider.
05/28'2010 Edith Collie
RSA Iltdastato Relmbillation Lean Rider -10115
mks.
Date Date
Obil sprawl
A.
No 2502.0265
Settlement Statement (HUD-I)
1 OHM 2.ERIE 3. OCorpt. Unhat, 6. File Number
S. Mortgage Insurance Case Nomber
7. Loan Number
095-164343.702
COUIE
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ADDRESS OF 110611061161 6901NW 44 C4, LAUDERHILL, FL 33319
F.NAME OF ULM:
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V. NAME WUNDER:
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ADORERS OP LltiOnik
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6901 NW 44 Ct
LAUDERHILL, FL 33319
, MITTLIENOINT AGENT:
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Ow moo ID, TAMARAC, El• 33321
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Front
Sent
To:
Sub**
MiensNo Shapira
Tuesday, June 01. 20107:05 AM
Stacie L Timms
FW Teresa occupied property at 2323 Camel, Circle. Kissimmee. FL 34740
Catsgerthe:
Red Category
.
_
.
FMK Malmanasf Shaikh tweilhesybseeproeyaheaconsi
ra
Sethreasday,3ane 01, 2010 6:17 AM
Tec Michele
4lWn
Ca LWOCCOUIVISOSTERILCOK eNEMEROOSTED1.X.O/t BIAGOOKODSTERNWM;
c:12 49;
°
—
densadnaredtherucrum gdrellIngeredstem.cam dratettchtern.com; jperryfkrollorldamove.com
Subject Fyn Tones* occupied property at 2373 CaMMele Orcle, thsthernee, FL 34746
Dear Sir / Madam, I an a latent living at 2323 Comae Circle, Kissimmee, Ft 34746. It has recently come to my notice that my
landlord lies lost title to the above property in ibredosum proceedings in case #00-C-A-017347-MF, msd the
bank's attorney is falsely claiming that to their knowledge the popetty holt tenant Ouedfoled evert thou* they've
been advised in writing on multiple occasions that the propesty is tenant occupied (by me) since 2001. I humbly
femme you to advise the judge in this matter that the properly lass been tenant occupied since 200$ audi world
like to invoke my protections granted under Federal Law (Protecting Tenants at Foreclosure Act).
Please forward this email to the Judge and also let me know the name and mailing address of the judge, to enable me rain in a printed copy of the same, so the! I can put it on the record that the law Ann of David Stem has continued to mislead the court by frauduleattly claiming that the above propetty is not occupied by a tenant when it is tenant occupied for 2 yearn now. •
Yours Indy, Mohammed Shaikh
— On Sus, 5/30/11, Mehomesed Shaikh <splossqwslapdasa.tsmaa•wzvte
....4
ref2:11:3
.
4-)7C x •
c.',.1. ct. 1.
=m1 F From: Mohammed Shaikh ‹sybasemptirlhon•com> Subject: Tenant occupied property at 2323 Canrvelk Circle, Masi:ranee, FL 34746 J1.1...8P2,
To: [email protected], EWEINER@DSTBDICOM, [email protected] v.
.
Date: Sunday, May 30.2010, 1040 AM
— On Sea,SOWN, Mohammed Shaikh irsOmepro@palserternsi> anus::
Prom: Mohammed Shoilth <[email protected]> Subject: Tenant occupied properly at 2323 Camvelle Circle, ICissinmace, FL 34746 To [email protected], dbroadstrattNetern.com, [email protected], rkatz@dsternmons, [email protected] Date: Sunday, May 30,2010, 1036 AM The Florida Bar Composite
Exhibit Z
11.11•11111•1111.1111191•11111111•0111.1111111111.111ff
"4
•
Deer Ms. Katz, I morn receipt of yow idler to the Court stating falsely that your firm is mewing that this propetty is tenant occupied. 1 with to advise you that Pve already advised your firm by email, moil and numerous voicernail messeges that Pm a tenant at the above address since 200$.! request you to kindly rescind the false statement you've given to dm court and advise you that should you fail to do so, I shall be compelled to file a complaint with the Florida Bar against you for deliberately filing false statements in ajurficial proceeding. I also with to advise you that I was recently contacted by Mr. Jeff Perry, who claimed that Fmmie Mae owned the pooputy and that he was the agent. I'm unsure WHO ovnis the property Of who is the authorised agent, but I do k.now 2 things furs fact a) I an owed a refund of thy security deposit by my landlord, sad as such would appreciate a clarification of who is the current owner of the property who 1 should sue for a refund aim sociality deposit, h) Who should I speak with about a continuation of my lease or as en alternative get relocation assistance plus a refund of my security deposit-to move out. I look forwardio your kind co-operation on the above and main, Yours truly, Mohammed Shailch — On Sat, 3/13/19, Mohammed Naafi& aybesrpreemerearwat> wrote:
Front Mohammed Shaikh ‹[email protected]>
Subject: Foreckimmt proceedings u12323 Came% Circle, Kissimmee, FL 34746
To: dstern@dsternemn. dbmatinas(Odstern.com, [email protected]
Cc:"MohnndMueb SidE<wpkapityaoo.con>,
k@
coastal
DOC Saturday, March 13,2010, 11:17 AM
a
Subject Formal notice for protection of tenancy titles
Your file 41011•70441(CMU) (FNM)
C. 2008-CA-0073074$F
Dear Mr. Dreilinger and Mr. Stem,
My mem is Mohommed Shaikh and I with to advise you that fre.been a tenant at the above address since year
2008. Under Protecting Tenants at Foreclosure Act, I an eligible for protection and to continue my tenancy in
thin ProPertYI request you to kindly advise your client of the same and seed me a copy of your communication that you've done so within the nest 7 days.
If you'd like me 11:1 MOIre after your foreciesure sale on ihe 3n1 of May 2010, I shall be happy to do so in lieu of
cash for keys so that your client doesn't have to wait the 100 or so days to gain possession of the premises.
Alternatively, I shell also be happy to continue renting the property firm your clients for an additional year.
You May COMM Mr. M. Siddiqui and his attorney Mr. Casiellon, who've been geed on this email to confirm
Pm a tenant since 2008. My driving license, my vehicle registration, ray mail, and other papers an available
since 200810 sonata I've lived here. Even Mr. Castellon (Attorney for Mr. Siddiqm, can confess that I'm the
tenant for Mr. Siddlqui at the above property.
-'11.111111MORIMMINOMMINIMIPOINUIMI
Finlay. do wish to remind you that dun were several eases where tenants were evicted by leaders claiming to
be rmaware that these were tenants occupying a foreclosed property. In case your client evicts mew bib to
advise a buyer of the existence of. tenant rdetionstrip or violates my legal rights clsimieg they were unaware
of a tenancy, 1 shell report your firm to the Florida Bre for disciplinary proceedings raid file mit for____
apinst your firm and your clients. As such, I hope you keep written meth of your written communicadon to
your clients advising them that there is a tenant at the shove property since 2008 who is willing to either
continue paying rent and occupy the property or alternatively take cash for keys nod vacate on the 3rd of May
2010.
Yours truly,
Mohammed Moulds
3
gworilmoupponommill.111.111•1W
15/:fidMeet&fEviction notice posted on Tenor occupied pr.. M2323 Caravelle Cr_ linp://usar.331.romilyab..asinteishowl4dessageostad=9
1014144001, MAIL
Clic
Eviction notice posted on Tenant °waged property at 2323 Caravel* Circle, Kissimmee, FL 34746
1humtlarf,314 1, 2010 Z111 PN
Frew '14ohanwned Shaikh' •csybaseproeyahoct.com› Tom "dattedstenicaue clatallidftmccent> "LitOODOURNIKMERILODOr <13WOODOURPONSTERILCON>, "ENEINERINISI13411.COIC 43VEINBROCISTERILCON,,,194/600NODST1301.COW <EMAGOOMODSTERILC014,
, 'dsterneditan.coar <dgernedstervicons>. "dbroadnaxadstenixone cdbroadnaxedsteracom>, WitaTiveredstesname cgdrangeredstern.com>, lperryearAblitimove-conf <jperryeasylloridstriovcamn>, eStepheasetheconttnertaboupinc.com. seserilthedftracom, ggortionearesidendattem, chartgly_bryanteranniesnae.com My name is Mohammed and I'm just gone ttrough a reedy stressful day Burks to you wonderful folks. Ibis property
was foreclosed on May 4012010. The PTFA (2009) giVee tenants 90 days to vacate a property IF they don't have a
lease, and requires landlords to honcr eAsting leases.
I've been advising the law offices of David Stem about my tenancy since around Jemmy 2010 that I've been a bona
tide teal and reside at the above address since 2008. I even faxed over a copy of my lease to them, end yet this
morring I see a SWIM Deputy post a tw* of possession on my door, which caused me to have a pent *tad( and
experience aneorkemety rincoinfortable and strew**day.
Can someone PLEASE advise me who deckled thet I could be evicted when I've been writing for the past several
mores to advise tie attorneys concerned that I'm a bona fide tenant and need to have my dghts respected I'm
mere If you psis know how to cold, but accorckg to the km even if you claim to have NEVER received the lease,
I'd dB be mottled to ha hare ti August 3rd 2010, and because I did Woe a lease, I was entitled to live here for
another year.
I do wish to know whose bright boa was it to claim in omit the property wasn't Wart oampied and have an
*Action notice posted on my door when the law protects me from eviction.
I can samosa you that LOWS at apology is wade *palm, a *mud *guaranteed to happen within 7 days *xl I do
happen to have a long chain of envois sent to the David Stern Law firm mid Farris Mae's agents provkig they were
aware thati* property is tenant occupied.
Vows tidy,
Mohammed Shenk MBA. Re* Estate Broker, CFE
— On Ttu, 7nn0, Mohimmed Sheikh .cvtoaAmprialuodocieLpyip wrote
> From Mohammed Shairtpcb-vbaseprodbrahoo.com>
> Subject RE Tenant occupied property at 2323 Caravels Cade, Wassimmee, FL 34746
To: 'IrketzlrAdsterrtconf <ticatatbristem.com>
> cc `LWOODBURNI)DSTERN.COM'' <LWOODBURWDSTERN.COM>, -EVVEINERODSTERN.COM•
<[email protected]>, 'IZMAGOON@DSTERKCOM• <EMAGOOWDSTERN.COM>,
udsterngbdsterrixont <dslern@dsterrtcorn>, I'dbroadnex@dstentcorna <dbroadnexadsterncom>,
modreifinoeddidsterncont <ockeingerglidsteracom>, Ipernarnyfloridamove.corn* lperryti)mvfloridernove_oorn>,
GStephensitthecontinentaionxvinc.com
> Date: Thunsim iy 1,2010, 910 AIM
> Halo Ms ICrez,
> Darkl Stern t*a 608-70441(CPAU) (FPI)
1 of 2
25/2011 3:58 AM
Eviction notice posted an Tenet °copied prop.,ot 2523 Came& Cir... le4,ifuszic331.maiLynix, ,omforisbawMessagOstued=9154sfid=Semitf-.
>
Cas . 2008-CA-007307-MF
1 got en Eviction Notice today (1144 of Possession) wen > thouglave %eaten to Citkpoup's Attorney at to Fannie > Mae repeatedly that I'm a bona fide Watt since 2008. > The is to advise you that I an a bona fide tenart and to > request you to refrain from %bittingvay rigits under > the Protecarg Tenants at Foredosure Ad. > If I'm Ie
evicted, I will sue for damages wrier the > FiTFA (2009) and val see to it that you personaly lose your ) license or with George Gordon and Gal Stephens end > George Gonion of the_Continertal Group. > Yams Milt, > Niolvenmed Sheich 2 of 2
25/2011 35Z AM
IN THE CIRCUIT COURT OF THE 9TH JUDICIAL
CIRCUIT, IN AND FOR. OSCEOLA COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO: 2008-CA-007307-MF
CITIMORTGAGE, INC., SUCCESSOR BY MERGER TO ABN AMR.° MORTGAGE GROUP, INC., PLAINTIFF, VS. MOHAMMAD M. SIDDIQUI, ET AL DEFENDANTIS1
CERTIFICATE OF COMMANCE WITH THE P31.07ECI1NO TENANTS AT FORECLOSURE ACTOR 2009
The Certificate of This Holder herein hereby files its Certificate of Compliance with The Protecting
Tenants at Foreclosure Act of 2009 ("P'IlizA"), and states as follows:
1.The subject property is not believed to be tenant occupied.
2. As of May 26,2010 a bona fide tenant has not come forward with a lease.
3. Should a bona fide tenant come forward with a valid lease the Certificate of This Holder will honor the
remainder of the lease in COmplaince with the "PTFA". lithe lease expires prior to 90 days from the date
the notice was sent to the tenant, the Certificate of Title Holder will honor the full 90 days to vacate.
4. Pursuant to the Federal Protecting Tenants at Foreclosure Act, Pub.L.No.111-22 [9896] §§ 701-04, 123
Stet 1632 ("Protecting Tenant at Foreclosure Act of 2009"), this motion does not seek an cider that
violates a tenants' rigbt to continued occupancy.
I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished to all petsons on the attached
service list, and upon all tenants residing in the named property this 21,ttlay of
,20 lc.. mailed to:
MOHAMMAD M. SIDDIQUI
4509 GEORGER COURT
KISSIMMEE, FL. 34746
UNKNOWN SPOUSE OF MOHAMMAD M. SIDDIQUI
4509 ST. GEORGES COURT
KISSIMMEE, FL. 34746
CORAL CAY RESORT HOMEOWNERS ASSOCIATION, INC.
C/O STEPHAN, REINHARD G, REGISTERED AGENT
241 S WFSTMONTE DRIVE #1010
ALTAMONTE SPRINGS, FL 32714
UNKNOWN TENANT(S)
2323 CARAVELLE CIRCLE
KISSIMMEE, FL 34746
CURRENT RESIDENT
2323 CARAVFJJ.F CIRCLE,
KISSIMMEE, FL- 34746
Respectfully Submitted:
Law Offices of David J. Stern, PA.
Attorney for Certificate of Title Holder
9008. Pine Island Road, Ste. 500
Plantation, Fl. 33324
(9 233-8000
ar
ball
The Florida Bar Exhibit AA IN THE CIRCUIT COURT OF THE
EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR SEMINOLE COUNTY,
FLORIDA
DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUS Ubb FOR MORGAN
STANLEY LOAN TRUST 2006-HE2,
CASE NUMBER: 2008-CA-003195
Plaintiff,
V.
SUSAN M. THOMPSON, ET AL,
Defendant(s).
ORDER ON DEFENDANT, SUSAN M. THOMPSON'S,
MQ11QpiMGMEDIATION AND RENEWED MOTION FOR MEDIATION
THIS CAUSE having come before the Court upon Defendant, Susan M.
Thompson's, Motion Requesting Mediation filed March 10, 2010, as well as her
Renewed Motion for Mediation filed July 8, 2010, and this Court having considered the
Motions and the Court file and being otherwise fully advised in the premises, it is hereby:
ORDERED AND ADJUDGED that:
1.
The parties in this action are hereby ordered to mediation prior to
e; and‘,.,52-Lik n'1/4-g-d4-0;611 SbAkflrescheduling a foreclosure sale date in L1i
()L603/ .
Ct.C)Ad1C-r90
dicial Circuit's
2,
teenth
All parties shall c p y wifli(19%
)
Administrative Order No_ 09-09-S, as well as with all other policies and procedures
regarding mediation in residential foreclosure cases, as set forth on the Eighteenth
Judicial Circuit's web site at http://wwwficourts I 8.org/foreciarures seminole.html.
The Florida Bar Composite
Exhibit BB
CASE NUMBER: 2008-CA-003195
DONE and ORDERED in Chambers at Seminole County, Florida, this
day
of July. 2010.
to 0 1 Ott
. SIMMONS, CIRCUIT COURT JUDGE
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was delivered
via U.S. Mail to: Rodney X Celestin, Esquire (Attorney for Plaintiff), Law Office of
David 1. Stern, P.A., 900 South Pine Island Road, Suite 400, Plantation, FL 33324-3920,
facsimile number (954) 233-8333; krisV L. Harrington, Esquire (Attorney for Susan M.
Thompson). Wendy Anderson, P.A., 1353 Palmetto Avenue, Suite 200, Winter Park, FL
32789; Rickard E. Larson, Esquire (Attorney for Capistrano Condominium Association,
Inc.). 300 South Orange Avenue. Suite 1200, Orlando, FL 32801; and Corporate
Counsel (Attorney for Defendant Mortgage Electronic Registration Systems, Inc.), 3300
Southwest 34 Avenue_ Suite 101, Ocala, FL 34474 on this /44114- day of July. 2010.
Page 2 of 2
LN THE CIRCUIT COURT OF THE
EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR. SEMINOLE COUNTY,
FLORIDA
DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE FOR MORGAN
STANLEY LOAN TRUST 2006-HE2,
CASE NUMBER: 20011-CA-003195
Plaintiff,
v.
SUSAN M. THOMPSON, ET AL,
Defendant(s).
ORDER ON DEFENDANT, SUSAN M. THOMPSON'St EMERGENCY MOTION TO CANCEL FORECLOSURE SALE AND AWARD DEFENDANT ATTORNEY'S FEES AND pans AND SANCTIONS THIS CAUSE having come before the Court upon Defendant, Susan M.
Thompson's, Emergency Motion to Cancel Foreclosure Sale and Award Defendant
Attorney's Fees and Costs and Sanctions, and this Court having considered the Motion
and the Court file and being otherwise fully advised in the premises, it is hereby:
ORDERED AND ADJUDGED that:
The foreclosure sale scheduled for July 15,2010 is hereby cancelled; and
2.
The Plaintiff's Attorney shall commence communication with MS.
THOMPSON'S Attorneys and, with adequate advance notice to MS. THOMPSON'S
Attorneys, shall seek and obtain the approval of this Court before any future attempts to
reset a foreclosure sale.
itiArnUS2b0 \114—
Vi
grin.,1A-LelL-6.7 60-41--) i kfiveeil
7)(-0&■Allatet, IZ*Vett410
PeLPI
OorkfrtA3,41 144.4.0 ,Cetuie-frcio \ifirbLP 7hcktA4
pt.A..444.AA._ V-4.44�
i-Le_tn Attwaa... 1/1
111-44
St-e,C,C1,2"3-14Q- Calitediak14 0;) .-11S4
CASE NUMBER: 2008-CA-003195
0,4_ 6-td-QR.710
n
Alzak test_ -
o1/4- 0.04014Lot,
b h0
and ORDERED in
(Arilmob-a-Az/4
YikiLentAt#'-
g‘d°
II
I ft
at Seminole County, F4da,
of July, 2010.
AtIAL44ili1)4 41
.11-S, CIRCUIT COURT JUDGE
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was delivered
via U.S. Mail to: Rodney X Celestin, Esquire (Attorney for Plaintiff), Law Office of
David J. Stern, P.A., 900 South Pine Island Road, Suite 400, Plantation, FL 33324-3920,
facsimile number (954) 233-8333; Kristy L. Harrington, Esquire (Attorney for Susan M.
Thompson), Wendy Anderson, PA., 1353 Palmetto Avenue, Suite 200, Winter Park, FL
32789; .Richard E. Larson, Esquire (Attorney for Capistrano Condominium Association,
Inc.), 300 South Orange Avenue, Suite 1200, Orlando, FL 32801; and Corporate
Counsel (Attorney for Defendant Mortgage Electronic Registration Systems, Inc), 3300
Southwest 34 Avenue, Suite 101, Ocala, FL 34474 on this
-boralirit
far
Page 2 of 2
.11
g1-04)
taka'" 4.4auU
P/ la- day of July, 2010.
FOUR SEASONS TOWER
15T14 FLOOR
744) BRIE/CELL AVENUE
MIAMI. FLORIDA 33131-3407
T 305536 1112
TEW • CARDENAS
A 1 1 ORNLYS
Ar
L A 1),
99RENED
Writer's
pima Dia/ No. (305) 536-8452
mm 1 -, zw;
Etna& jtQtewlaw.com
rHE FLORtDA BAR
1-7: LAUDERDALE OFFICIZ
May 11, 2011
Mf. Joel M. Klaus, Esq.
The Florida Bar
Lake Shore Plaza /I
1300 Concord Terrace Suite 130
Sunrise, FL 33323
954-835-0233
Re: Wendy Anderson Bar Complaint Florida Bar File No.: 2011-51,433 (171) Dear Mr. Klaits:
I will be representing David J. Stern, Esq. as to the above-referenced Complaint filed by Wendy Anderson, Esq. This letter and the exhibits attached are in response to that Complaint. Enclosed with this letter is the Certificate of Disclosure Form executed by Mr. Stem. Ms. Anderson's Complaint filed with the Bar on March 18, 2011 expresses Ms. Anderson's contention that Mr. Stem acted improperly in the mortgage foreclosure case styled 2008-CA-3195-14-K (the "Foreclosure Case"). Specifically, Ms. Anderson states that Mr. Stem proceeded ex parte to reschedule the foreclosure sale in the Case, notwithstanding the fact that the firm of Wendy Anderson, PA. (WAPA) had made an appearance in the Case. Additionally, Ms. Anderson states that her firm made contact with Mr. Xavier Celestin, Esq., an attorney with the Law Officer of David J. Stern (the "Law Firm"). Ms. Anderson states that Mr. Celestin would not cancel the scheduled foreclosure sale, despite being aware of the circumstances and of a scheduled hearing on an Emergency Motion to Cancel the Foreclosure Sale filed by WAPA. At the hearing for the Emergency Motion, Ms. Anderson states that the Court granted the Motion and ordered mediation after no representative from the Law Firm appeared. Additionally, Ms. Anderson states that the Court entered an order requiring the Plaintiff to pay WAPA's attorney's fees expended in connection with the Emergency Motion. Ms. Anderson states that those fees remain unpaid to date. Finally, Ms. Anderson states that the Law Firm unilaterally scheduled mediation in the Case, providing notice to the Defendant, but not to WAPA. Ms. Anderson states that when the Defendant appeared without counsel, the mediator would not proceed because Defendant's counsel had not been notified of the mediation. The Floritla Bar Exhibit CC A review of the Law Firm's electronic file in this case shows the following:
On May 30, 2008, the foreclosure Complaint was filed in this case. See Detailed
Information for Case 2008CA003195, Attached as Exhibit A. Subsequently, Defendant Susan
Thompson filed her Answer pro se on June 25, 2008. Id The WAPA firm's appearance in the
matter is not reflected in the court's docket. Id. Rule 2.505 of the Florida Judicial
Administration rules states that an attorney may appear in a proceeding Ibly filing with the
court and serving upon all parties a notice of appearance as counsel for a party that has already
appeared in a proceeding pro se[,]" Because a notice of appearance or a responsive pleading was
never filed by WAPA, the Law Finn's case summary for certificate of service purposes was
likely never updated to reflect that the defendant was represented by an attorney. This likely
explains why several motions and notices were served on Defendant Anderson, but not on
WAPA.
Additionally, a review of the emails included with Ms. Anderson's Complaint and the
Law Finn's electronic file shows that attorney R. Xavier Celestin' was the attorney handling this
case and communicating with Ms. Anderson and other attorneys of the WAPA law firm. There
is nothing in the Law Firm's file which would suggest that Mr. Stern himself had any role in this
case, or was otherwise aware of the circumstances described in the Complaint.
Finally, the Court's Order granting WAPA's Emergency Motion to Cancel the
Foreclosure Sale states that "Plaintiff shall pay Defendant's attorney's fees in the amount of
$1050." See Order on Def., Susan M. Thompson's, Emergency Mot. To Cancel Foreclosure
Sale, Attached as Exhibit B. The Plaintiff in this case was Deutsche Bank National Trust
Company, as Trustee for Morgan Stanley Loan Trust 2006-HE2. As such, it is clear that Ms.
Anderson should look to Deutsche Bank National Trust Company for the payment of those fees.
In conclusion, Mr. Stern is not guilty of any violation of the rules. Accordingly, I request
that no further action be taken on this Complaint and that this matter be closed.
Very truly yours,
effTew
111141
JT/lp
Enclosures
cc: Wendy Anderson
Wendy Anderson, P.A.
1353 Palmetto Avenue
Winter Park, FL 32789
Forrest McSiurdy
David J. Stern
Our firm does not represent Mr. Celesta
2
oetailea case view
Page 1 012
Detailed Information for Case 2008CA003195
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Dalt 06/30g oos
Plandffs:
,
NOTICE OF CANCELLATION OF MEDIATION/ALEXANDRE M MESIDAGH ON
11/17/10 (g 11:30AM
10/21/2010 N
NOTICE OF SETTING MEDIATION ALEXANDRE M MESTDAGH - MEDIATOR
11(17/10 eg 11:30 AM
06/24/2010 N
NOTICE OF SETTING MEDIATION/ALE)CANDRE M MESTDAGH-MEDIATOR ON
9/24/10 1 PM
07/23/2010 STAT
STAT "S" 6/14/10 #33
07/21/2010 N
THOMPSON
07/21/2010 N
NOTICE OF UNAVAILABILITY/WENDY ANDERSON FROM 8/6/10 THROUGH
8/16/10 OBO DEFT SUSAN M
07/14/2010 0
ORDER ON DEFT SUSAN M THOMPSON'S EMERGENCY MITO CANCEL
FORECLOSURE SALE & AWARD DEFT ATTY'S FEES AND
07/14/2010 0
COSTS & SANCTIONS/GRANTED MCINTOSH FOR SIMMONS 7/14/10
07/14/2010 0 SIMMONS 7/14/10
07/14/2010 0
ORDER ON DEFT SUSAN M THOMPSON'S MOTION REQUESTING MEDIATION &
RENEWED WFOR MEDIATION/MC/NTOSH FOR
v
-4
v
--t
• CAPISTF ANO CONDO ASSN INC • KM EU CTRONIC REGISTRATION INC
• THOMF1ON SUSAN M
11/16/2010 N
VP '
Court Search
Law Library
Case T IITG FORECLOSUI tEAJEN Defendants: • DEUTSCHE BANK NATIO'
CO
• MORGAN STANLEY TRUE
1.■
Official Records
Search
—
Jury Duty
—
•BCC Information
Ju, tIANCY F. ALLEY Came Ni 20080 W03195
07/13/2010 NHCY NOTICE OF HEARING 7/14/10 (g 9:00 AM
07/13/2010 PPUR PROOF OF PUBLICATION RETURNED RE-NOTICE OF FORECLOSURE SALE
07/13/2010 CANC SALE CANCELLED FOR 07/15/2010
07/13/2010 FAXC
FACSIMILE COPY RECEIVED OF: NOTICE TO CANCEL SALE DATE
07/12/2010 FAXC
FACSIMILE COPY RECEIVED OF:NOTICE OF EX-PARTE HEARING 7/14/10 (ii) 9:00
AM
07/09/2010 M
SANCTIONS; & RENEWED MOTION FOR MEDIATION (NOT REOPENED FAXED
FILED 7/8/10 SEE #36) BY
07/09/2010 M
DEFT SUSAN M THOMPSON
07/09/2010 M
EMERGENCY MOTION TO CANCEL FORECLOSURE SALE & AWARD DEFT
ATTY'S FEES & COSTS & 07/08/2010 SMOT
FACSIMILE COPY RECEIVED OF:SUPPLEMENTAL EMERGENCY MOTION TO
CANCEL FORECLOSURE SALE & AWARD DEFT
07/08/2010
ATTY'S FEES AND COSTS AND SANCTIONS AND RENEWED M/FOR MEDIATION
SMOT BY DEFT SUSAN M THOMPSON
06/15/2010 NSAL
RE-NOTICE OF FORECLOSURE SALE 07/15/2010 AT 11:00 AM
06/14/2010 0
ORDER GRANTING PLAINTIFF'S EX-PARTE MOTION TO RESCHEDULE
FORECLOSURE SALE JUDGE ALLEY 06/14/2010
EXHIBIT
http://www.seminolee1erk.org/Civi1Docket/ease_detailjsp?CaseNo=2008CA003195
uetauea Case view
Page 2 012
06/14/2010 SMOT SUPPLEMENTAL MOTION/EX-PARTE/TO RESCHEDULE FORECLOSURE SALE/BY
PLTF
03/24/2010 SMOT SUPPLEMENTAL MOTION REQUESTING MEDIATION BY DEFT "THOMPSON"
03/24/2010 SMOT SUPPLEMENTAL MOTION TO VACATE JUDGMENT BY DEFT
02/04/2010 CANC SALE CANCELLED FOR 4/15/10
02/0412010 FAXC
FACSIMILE COPY RECEIVED OF: NOTICE TO CANCEL SALE
01/22/2010 NSAL
NOTICE OF SALE 4/15/10
01/20/2010 FDIS
FINAL DISPOSITION FORM
01/20/2010 SMFJ
SUMMARY FINAL JUDGMENT S153,457.58/ SIMMONS 1/15/10
12/28/2009 NHCY RE NOTICE OF HEARING 1/15/10 a-, 9:00 AM
08/06/2009 NHCY NOTICE OF HEARING/10/09/09 @ 9 AM JUDGE SIMMONS
07/22/2009 NFIL
NOTICE OF FILING ORIGINAL NOTE & MORTGAGE (ATTACHED) BY PLTF
06/29/2009 MOEN MOTION FOR DEFAULT/ENTERED -06/30/09 AGST DEFT(S) MTG ELECTRONIC
REGISTRATION SYSTEMS INC
06/29/2009 NODP NOTICE OF DROPPING PARTY DEFT, UNKNOW SPOUSE OF SUSAN M
THOMPSON, JOHN & JANE DOE W/0 PREJ
06/29/2009 MFSJ
MOTION FOR SUMMARY JUDGMENT & TAXATION OF ATTYS FEES & COSTS BY
PLTF
06/27/2008 AN
ANSWER BY DEFT CAPISTRANO CONDOMINIUM ASSN INC
06/26/2008 SUMR SUMMONS RETURNED UNSERVED JANE DOE
06/26/2008 SUMR SUMMONS RETURNED UNSERVED JOHN DOE
06/26/2008 SUSD
SUMMONS RETURNED SERVED MTG ELECTRONIC REGISTRATION SYSTEMS
INC
06/26/2008 SUSD SUMMONS RETURNED SERVED CAPISTRANO CONDO ASSN INC
06/26/2008 SUMR SUMMONS RETURNED UNSERVED UNK SPOUSE OF SUSAN M THOMPSON
06/26/2008 SUSD SUMMONS RETURNED SERVED SUSAN M THOMPSON
06/25/2008 AN
ANSWER FILED PRO SE BY DEFT SUSAN THOMPSON/COPY SENT TO ATTY BY
DEPUTY CLERK
05/30/2008 SUMI
SUMMONS ISSUED/ JANE DOE/ OC PS
05/30/2008 SUM,
SUMMONS ISSUED/ JOHN DOE/ OC PS
05/30/2008 SUMI
SUMMONS ISSUED/ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC!
OC PS
05/30/2008 SUMI
SUMMONS ISSUED/ CAPISTRANO CONDOMINIUM ASSOCIATION INC! OC PS
05/30/2008 SUMI
SUMMONS ISSUED/ UNKNOWN SPOUSE OF SUSAN M THOMPSON/ OC PS
05/30/2008 SUMI
SUMMONS ISSUED/ SUSAN k4 THOMPSON/ OC PS
05/30/2008 LISP
US PENDENS
05/30/2008 CCST
CIVIL COVER SHEET
05/30/2008 CMPL COMPLAINT FILED
http://www.serninoIeclerk.org/CivilDocket/case detailjsp?CaseNo=2008CA003195
5/11/2011
�
IN THE CIRCUIT COURT OF THE
EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR SEMINOLE COUNTY,
FLORIDA
DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE FOR MORGAN
STANLEY LOAN TRUST 200641E2,
CASE NUMBER: 2008-CA-003195
Plaintiff,
V.
SUSAN M. THOMPSON, ET AL,
Defendant(s).
ER_cfiitAtitaxl_wKmoligont
u
,...
EMERGENCY bMgrinQMaty_2EtEWgMtSkjagAffR
D" )
S
AND !LCD:
THIS CAUSE having come before the Court upon Defendant, Susan M.
Thompson's, Emergency Motion to Cancel Foreclosure Sale and Award Defendant
Attorney's Fees and Costs and Sanctions, and this Court having considered the Motion
and the Court file and being otherwise fully advised in the premises, it is hereby:
ORDERED AND ADJUDGED that
I.
The foreclosure sale scheduled for July 15,2010 is hereby cancelled; and
2.
The Plaintiffs Attorney shall commence communication with MS.
THOMPSON'S Attorneys and, with adequate advance notice to MS. THOMPSON'S
Attorneys, shall seek and obtain the approval of this Court before any future attempts to
reset a foreclosure sale.
"3
ittigrk-kAtt)
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EXHIBIT
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CASE NUMBER: 2008-CA-003.195
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PIT
and ORDERED in
of July, 2010.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was delivered
via U.S. Mail to: Rodney X Celestin, Esquire (Attorney for Plaintiff), Law Office of
David I. Stan, PA, 900 South Pine Island Road, Suite 400, Plantation, FL 33324-3920,
Cscsimile number (954) 233-8333; kristy L. Harrington, Esquire (Attorney for Susan M.
Thompson). Wendy Andason, PA., 1353 Palmetto Avenue, Suite 200, Winter Park, FL
32789; Richard E. Larson, Esquire (Attorney for Capistrano Condominium Association,
Inc.), 300 South Orange Avenue, Suite 1200, Orlando, FL 32801; and Cnipossrie
Counsel (Attorney for Defendant Mortgage Electronic Registration Systems, Inc.), 3300
Southwest 34 Avenue, Suite 1.01, Ocala, FL 34474 on this
Page 2 of 2
day of July, 2010.
RICHARD W. TAYLOR, P.A.
lernramMYATLAW 112 NORTH FLORIDA AVENUE
RWHARDWTAYILM
D2LAN.D.FLORIDA22720
DO.A.ND CLIM171ILD IN ANAL TilOPSIITY
MICHAEL, P. NORD/AAR
SIDNEY H. TAYLOR
mmUmm
OHO 734.2652
VAX 0212 734.4579
July 11, 2007 VIA FACSIMILE 954-233-8624 AND REGULAR U.S. MAIL Billi K. Pollack, Esq. 801 South University Drive, Suite 500 Plantation, FL 33324 Re: Mortgage Recorded in Official Records Book 5687, Page 4707, Public Records of Volusia County, Florida Dear Ms. Pollack: As I told you over the phone, on May 9, 2007, my client sent
the amount of $6,335.28 to the party she believed to be the owner
and holder of the mortgage, but sometime after June 12, 2007, her
check was returned with a note that the servicing of the loan had
been transferred. I will enclose a copy of our transmittal letter dated May 9, 2007. My client is undertaking to market the property and wishes to continue with the mortgage in place. Although we do not agree that a default has occurred or that acceleration is proper, we still need to have the figure that the owner and holder of the mortgage would request to reinstate the mortgage. Please provide that figure to me as quickly as possible. Very truly ours, Richard W. Taylor RWT/PH Enclosure cc: Athemia "Mia" Halkis, as Personal Representative of the Estate of Clayborn F. Castle, Jr. C:\Q\EACASTLE The Florida Bar Composite
Exhibit DD
•
RICHARD W. TAYLOR,
P A.
ATTORNEY AT LAW
112 NORTH PLORMA ATM=
111CHARD W. TAYLOR
DOAIM ezaTossaa Re MEAL 11.1.0.74RIT
DiarAND, WARM& 32720
MICHAELE NORD61.814
MENET H.TAYLOTC
TiTh
086) 734-1668
FAX 0861 784-4279
May 9, 2007 Fremont Investment & Loan P. 0. Box 34078 Fullerton, CA 92834 Re: Mortgage Recorded in Official Records Book 5687, Page 4707, Public Records of Volusia County, Florida Regarding Lot 36 Timber Subdivision Dear Fremont: This firm represents Athemia "Mia" Halkis who serves as Personal Representative of the Estate of Clayborn F. Castle, Jr. A copy of her Letters of Administration and the Notice of Administration/Notice to Creditors are enclosed with this letter. Based on the information that we have, it appears that Clay Castle provided the funds for the purchase of Lot 36 Timber Subdivision but, for a variety of reasons, placed the title in the name of his daughter, then named Erin Soell. It also appears that Erin Castle Soell executed a mortgage to you as described above. After learning that she had mortgaged the property, Mr. Castle was quite displeased and, by deed recorded in Official Records Book 5692, Page 311, Public Records of Volusia County, Florida, Erin Soell deeded the property to Clay Castle. In his will, Mr. Castle left the property to someone other than his daughter, Erin. Apparently since his death, Erin has ceased making mortgage payments on the property and the Personal Representative wishes to bring the mortgage current. Based upon the information that she has, enclosed you will find a check in the amount $6,335.28 to bring the mortgage payments current. The Personal Representative is in the process of marketing the property and hopes to have a buyer shortly and pay off your mortgage at the closing. If you have any questions with regard to this matter, please contact me. Very trul yours,
., j
Richard W. Taylor
RWT/ph cc: Mia Halkis C:\Q\P\CASTLE •
144
THE ESTATE OF CLAYSORN F CASTLE JR 03/2007
ATHEMIA G HALKIS
• 63-215/031
622 FOX HUNT CIA
LONGWOOD, FL 32750-3300
�
e '074-77'
Pay to tile „0/42-- e
order of
„dr•ro
SuNTRusr
At." /14
ACH RT 061000t04
0 111.4
Richard W. Taylor, P.A. 112 N. Florida Ave. DeLand, FL 32720 386-734-2558 Fax: 386-734-4579 FAX TRANSMISSION COVER SHEET Date:�
August 17, 2007 To:�
Billi K. Pollack, Esq. Fax:�
954-233-8624 Sender:�
Richard W. Taylor, Esq. YOU SHOULD RECEIVE 4 PAGES, INCLUDING THIS COVER SHEET. IF YOU HAVE ANY PROBLEMS WITH THIS FAX, CALL Latrell @ 386-734-2558. RE: Estate of Clayborn F. Castle, Jr. Document(s) transmitted: 1) Letter dated 7/11/07; 2)Letters of Administration; 3)Notice of Administration to Creditors. I corresponded with you on July 11, 2007 regarding the above referenced matter. I have not heard anything back from you. Please inform my office of the amount required to reinstate the mortgage. I would appreciate you giving this matter your prompt attention. Richard W. Taylor Dictated/Signed in his absence to avoid delay FAX CONFIDENTIALITY STATEMENT The information contained in this facsimile message is legally privileged and confidential information intended only for the use of the individual or entity named above. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. If you have received this communication in error, please immediately notify us by telephone. Thank you. RICHARD W. TAYLOR, PA. 112 North Florida Avenue Deland, Florida 32720 Office: (386)-734-2558 Facsimile: (386) 734-4579 FAX TRANSMISSION COVER SHEET
I-61i
Date:�
September 007
To:�
Billi K. Pollack, Esquire
Fax:
(954) 233-8624
Sender:�
Latrell C. Hawkins, Paralegal to Richard W. Taylor, Esquire
YOU SHOULD RECEIVE 1 PAGE(S), INCLUDING THIS COVER SHEET. IF YOU
EXPERIENCE ANY PROBLEMS WITH THIS TRANSMISSION, PLEASE CALL (386) 734­
2558.
Re: Fremont Investment 8c Loan
3110 E. Guasti Rd., Suite 500
Ontario, CA 91761
Erin Castle - Loan Number 1146013265
Property Description: 1691 Timber Hills Drive, Deland, FL 32724
Lot 36, Timbers Subdivision, according to Map Book 44 pages 106 & 107,
Public records of Volusia County, Florida
I corresponded with you on July 11, 2007 and August 17, 2007 regarding the above
referenced matter. I have not heard anything back from you. Please inform my office of the
payoff amount required to reinstate the above mortgage. I would appreciate you giving this
matter your prompt attention.
Richard W. Taylor
FAX CONFIDENTIALLY STATEMENT
The information contained in this facsimile message is legally privileged and confidential information intended only for the use of the individual
or entity named above. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED
THAT ANY DISSEMINATION, DIS11UBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. If you have
received this communication in error, please immediately notify us by telephone. Thank you.
RICHARD W. TAYLOR, P.A.
ATTORNITTATI.AW
1.12 NORTH 7LORIDA AVENDE
RIM:LARD W. TA.YLOR
IMLAND. FLORIDA 32720
110A.RD COLRTIIMICD iN EZ TIROPZETY
MICHAELRNORIMGAN
RUMMY/LI:UCLA%
surnmmy,
(38e) 73446658
/PAX ISM 734.4579
October 18, 2007
Billi K. Pollack, Esq. Law Offices of David J. Stern 801 S University Drive Suite 500 Plantation, Fl, 33324 Re: US Bank National Association as Trustee for Mastr Alternative Loan Trust 2006-hel vs. Clay Castle, et al Seventh Judicial Circuit, Volusia County, Florida Case No. 2007-11175-CIDL Dear Ms. Pollack: This is my fourth communication to you, the others being sent on July 11, 2007, August 17, 2007, and September 12, 2007. In my letter of July 11, 2007, I simply asked that you provide me with the proper figure to reinstate the mortgage recorded in Official Records Book 5687, Page 4707, Public Records of Volusia County, Florida. As you are the attorney representing the entity which has filed a lis pendens against the property, I would ask again that you provide me with the information I requested for my client. Very truly yours, , Richard W. Taylor RWT/ph cc: Mia Halkis U.S. Bank National Association 425 Walnut Street Cincinnati, Ohio 45202-3923 C:\Q\P\CASTLE
RionAnD W. TAYLOR. P.A.
ATTORNEY AT LAW
1.19 NORTH FLORIDA. AVENUE
RICHARD W. TAYLOR
DELAND. MORIDA 32720
BOARD OERTIIIMCD TN NICAL 1PEOPNATT
MICHAEL P. NORDMAN
SIDNEY IL TAYLOR
RETIBT.D•
13851 734-2552
rsx (3981 734-4579
November 29, 2007
Matthew L. Kahl, Esq. Law Offices of David J. Stern 801 S University Drive Suite 500 Plantation, Fl, 33324 Re: US Bank National Association as Trustee for Mastr Alternative Loan Trust 2006-hel vs. Clay Castle, et al Seventh Judicial Circuit, Volusia County, Florida Case No. 2007-11175-CIDL Dear Mr. Kahl: We have attempted to elicit a response from Billi K. Pollack
of your firm four times previous to this. Copies of the
communications are attached.
In my letter of July 11, 2007, I simply asked that your firm provide me with the proper figure to reinstate the mortgage recorded in Official Records Book 5687, Page 4707, Public Records of volusia County, Florida. I placed a call to you today, and hope that you will contact me immediately so that we may clear up this matter. Very truly yours, Richard W. Taylor RWT/ph cc: Mia Halkis cAo\p\cAsTLE RICHARD W. TAYLOR, PA. 112 North Florida Avenue DeLand, FL 32720 386-734-2558 Fax: 386-734-4579 FAX TRANSMISSION COVER SHEET Date:
To:
Fax:
Sender:
P
February 20, 2008 — 1 20 P
Roberto Lopes - Law Offices of David J. Stern, P.A.
954-233-8333
Richard W, Taylor
YOU SHOULD RECEIVE 1 PAGE(S), INCLUDING THIS COVER SHEET. IF YOU
EXPERIENCE ANY PROBLEMS WITH THIS TRANSMISSION, PLEASE CALL 386­
734-2558.
RE: Clay Castle Your Loan # 1146013265 Your File 07-88912 (ASCF) Thank you for providing the payoff figures on the loan. We did not request the
payoff figures. For many months we have been requesting the amount necessary to
reinstate the mortgage.
Please provide us as quickly as possible the figure to reinstate the mortgage.
FAX CONFIDENTIALITY STATEMENT
The information contained in this facsimile message is legally privileged and confidential information
intended only for the use of the individual or entity named above. IF THE READER OF THIS MESSAGE IS
NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION,
DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. If you have
received this communication in error, please immediately notify us by telephone. Thank you.
C AQ\P\CASTLE
Law Offices of David J. Stern, P.A. David J. Stern
Managing Attorney
Associate Attorneys
Miriam L. Mendieta
Samuel Hy Silverglate
Forrest G. McSurdy
Donna S. Glick
Donna Everts
Beverly A. McComas
Maria M. Solomon
Gregg R. Mellinger
Wendy .J. Wasserman
Robyn R. Katz
Bilk K. Mack
Frederic J. Di Spigna
Michelle K. Mason
James &Win
Sandra Ann Little
Damian A. Valladares
Haling Trepka-Cegielski
900 South Pine Island Road, Suite 400
Plantation, Florida 33324-3920
Primary Phone (954)2334000
Auto Attendant (954)233-8400
Primary/Foreclosure Fax (954)233-8333
Interact E-Mail dsteru®dstern.com
Lisa Ehrenreich
Gayle G. Costner
David B. Levin
Adam F. George
Gisde K. Asmar
Kelly AL Hernandez
Kim F. Stevens
Elsa Beinandez Munn
Matthew L. ICald
Tomas Kocern
Karina M. Muse&
Christian P. Larriviere
Ssdy Espinoza
Ana Laura Diaz
Adi K Reinsteht
Mare Brown
Kerry Cunles
stak
Dr.21111e L Terms
Cassandra M. Rims!
Matthew Pearl
Associate Attorneys
Audrey Dixon
Jessica L. Mantes
Courtney C. Kilbourne
Angela Lamas
Joy Q. Huppert
Tia L. Gibbs
Joy Theresa Reid
Karen Black Barron
Suzanne Wong
Arthur.!. Berk*
Neha Baumann*
Laura Tapia*
Judith Kizer Lame
Caren Joseffeta
Matta Kahane
*Of Counsel
"
4 CERTIFIED FUNDS ONLY *"
FUNDS MUST BE RECEIVED BY MAY 1, 2008
THIS LEITER IS FOR SETTLEMENT PURPOSES ONLY.
APRIL 14, 2008 RICHARD W. TAYLOR, ESQ. FAX: 386 734 4579 RE:�
LOAN #: redacted 3265 MORTGAGOR: CLAY CASTLE PROPERTY ADDRESS: 1691 TIMBER HILLS DRIVE, DELAND, FLORIDA 32724 OUR FILE #: 07-88912 (ASCF) DEAR SIR/MADAM: PURSUANT TO YOUR REQUEST FOR REINSTATEMENT FIGURES AS TO THE ABOVE REFERENCED LOAN, THE FOLLOWING IS A BREAKDOWN OF THE SUMS CURRENTLY DUE AND OWING: $38,957.15 TOTAL DUE TO BANK:�
�
MONTHLY MORTGAGE
PAYMENTS:
$36,971.26
�
LATE CHARGES
$ 1,555.89
�
PROPERTY
INSPECTIONS
$ 180.00
�
BPO
250.00 EST $�
$ 2,500.05
ATTORNEY FEES & COSTS:�
TITLE SEARCH/EXAM
TITLE UPDATE
CLERK FILING FEE
SERVICE OF PROCESS
ATTORNEY FEES
SERVICE/MAIL (REQ'D BY LAW)
CERTIFIED COPIES
$ 325.00 75.00 EST.
$�
$ 271.00 $ 710.80 $ 1,080.00 8.25 30.00 $�
$41,457.20 TOTAL AMOUNT DUE:�
The Florida Bar Exhibit EE THIS FIGURE DOES NOT INCLUDE ANY ESCROW SHORTAGE THAT MAY HAVE ACCRUED. UPON APPLICATION OF THE REINSTATEMENT AMOUNT, THE LOAN WILL BE REANALYZED AND THE MONTHLY PAYMENT WILL BE ADJUSTED ACCORDINGLY. PLEASE NOTE THAT FUNDS MUST BE TENDERED IN THE FORM OF CERTIFIED CHECK OR MONEY ORDER DRAWN ON A U.S. BANK MADE PAYABLE TO THE LAW OFFICES OF DAVID J. STERN, P.A TRUST ACCOUNT. TRUST ACCOUNT AND ESCROW ACCOUNT CHECKS WILL NOT DE ACCEPTED UNDER ANY CIRCUMSTANCES. THE FUNDS MUST BE RECEIVED IN OUR OFFICE NO LATER THAN THE CLOSE OF BUSINESS ON MAY I, 2008. FUNDS RECEIVED AFTER THIS DATE WILL NOT BE ACCEPTED. ALSO, PLEASE PROVIDE YOUR CORRECT CURRENT MAILING ADDRESS IN THE EVENT THERE IS AN OVERAGE AND YOU ARE DUE A REFUND. ADDITIONALLY, YOU MUST CONTACT THIS OFFICE PRIOR TO TENDERING ANY FUNDS TO VERIFY THE TOTAL AMOUNT DUE. THE FORECLOSURE ACTION WILL CONTINUE UNTIL ALL FUNDS ARE RECEIVED AND ACCEPTED BY THIS OFFICE. ACCEPTANCE OF FUNDS Is SUBJECT TO FINAL APPROVAL BY OUR CLIENT. SHOULD YOU HAVE ANY QUESTIONS, OR REQUIRE ADDITIONAL INFORMATION, PLEASE DO NOT HESITATE TO CONTACT THIS OFFICE. SINCERELY, NESS IA KAYE LEGAL ASSISTANT REINSTATEMENT/PAYOFF DEPARTMENT *** CERTIFIED FUNDS ONLY *** THE CREDITORS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT FROM THE DEBTOR. ANY INFORMATION OBTAINED FROM THE DEBTOR WILL BE USED FOR THAT PURPOSE. RICHARD W. TAYLOR, P.A.
AmmaErnicrATLAw
112 NORTH FLORIDA AVENUE
ELIGH.A.so W. TAYLOR
DaLAND, FLORIDA 32720
SIDNEY H. TAYLOR
imrocar.9,
WARD CZNTITIZO n( AICAL PROP/OtTT
IdICFLars
P. NORDMAN
13981734-9359
PAZ 1396) 734-4579
April 23, 2008
Billi K. Pollack, Esq. Law Offices of David J. Stern 801 S University Drive Suite 500 Plantation, Fl, 33324 Attention: Nessia Haye, Legal Assistant Re: US Bank National Association as Trustee for Mastr Alternative Loan Trust 2006-hel vs. Clay Castle, et al Seventh Judicial Circuit, Volusia County, Florida Case No. 2007-11175-C1DL Dear Ms. Haye: In accordance with your letter of May 1, 2008 with regard to the above-captioned matter, enclosed is Washington Mutual Bank Official Check 518381184 in the amount of $41,457.20 made payable to David J Stern, PA. Trust Account to reinstate the note and mortgage recorded in Official Records Book 5687, Page 4707, P -�
Records of Volusia County, Florida, also known as Loan
# redacted 132565, Your File 07-88912 (ASCF), property address 1691
Timber Hills Drive, DeLand, Florida. You are to hold this money
in trust until you have dismissed the above styled action,
without prejudice. Please have the owner and holder of the
mortgage correspond with the current owner of the property, who
is Athemia "Mia" Halkis, as Personal Representative of the Estate
of Clayton F. Castle, Jr., and whose address is 622 Foxhunt
Circle, Longwood, FL 32750. It is anticipated that shortly she
will be distributing this property from this estate, and will
notify the owner and holder of the mortgage of the distribution.
Thank you for bringing this matter to a prompt conclusion. If you need further assistance, please contact me. Ve truly yours, a
dzeife-Ac_
4
164 Richard W. Taylor (ON RWT/ph cc: Mia Halkis Signed in Mr. Taylor's absence
to avoid delay in nailing.
InlArIGASTLIS MORTGAGE
The Florida Bar Exhibit FF Washington Mutual Bank
2.0. 518381184
k.
rA
WASHINGTON �
[XXI> MUTUAL 16"
L
wEve4p1-Efl
AacTs
°
***********Apr 23, 2008 41 THOUSAND 457 DOLLARS AND 20 CENTS ***********
7
PAY
TO
THE
ORDER
DAVID J STERN, P .A. TRUST ACCOUNT
Washington Mutual Bank
DRAWER / PURCHASER COPY
NON-NEGOTIABLE
OF
Issued by Integrated Payment Systems Inc., Englewood, Colorado JPNlorgen Chase Bank N A., Denver, Colorado
_J
REMITTER
ATHEH1A HALMS7 1715 122
499158243920499157 REV2 0034 8710047907 —
t-�
••••"'
MATCH THE AMOUNT IN WORDS WfTH THE AMOUNT IN NUMBERS
RICHARD W. TAYLOR. P.A.
ATTORNEY AT LAW
lig NORTE FLORIDA AVIINUE
LELAND. FLORIDA 32720
RICHARD W. TAYLOR
SOASED Czarzrum pa REAL FROMM'S'
SIDNEY R. TAYLOR
RIDLIRRIN
MICEAELF.NORDMAN
I388) 734•11558
FAX QM 734,4579
June 27, 2008
Billi K. Pollack, Esq. Law Offices of David J. Stern 801 S University Drive Suite 500 Plantation, Fl, 33324 Re: US Bank National Association as Trustee for Mastr Alternative Loan Trust 2006-hel vs. Clay Castle, et al Seventh Judicial Circuit; Volusia County, Florida Case No. 2007-11175-CIDL Dear Ms. Pollack: On the 23rd of April our client, Athemia "Mia" Halkis, as Personal Representative of the Estate of Clayton F. Castle, Jr., sent you a in the amount of $41,457.20 to reinstate the note and mortgage recorded in Official Records Book 5687, Page 4704, P •7
ecords of Volusia County, Florida, also known as Loan # mdm:Aed ,565, Your File 07-88912 (ASCF), property address 1691 Timber Hills Drive, DeLand, Florida. You were to dismiss the above style action. I have yet to receive the dismissal of this foreclosed action. Please advise me as to the status of the dismissal. We wish to distribute this property from this estate to Athemia "Mia" Halkis and close the estate. Please have the owner and the holder of this mortgage contact her at 622 Foxhunt Circle, Longwood, FL 32750 to provide up to date payment information and a payment book. Thank you for your assistance in this matter. If you have any other questions, please contact me. Very tri.y yours,
Richard W. Taylor
RWT/cen cc: Mia Halkis Et\F\CASTLE MORTGAGE
The Florida Bar Composite Exhibit GG RICHARD W. TAYLOR,
P.A.
ATTORNRY AT LAW
US NORTH rLORMA AVENUE
DELAND. FLORIDA 32720
RICELARD W. TAYLOR
isiMEIAELRNORDUCAN
SUMEYR.TAXTAR
IRMVLOWN
ISOASCD CICRTITIILD ItZAL PROPIUCTT
13849 734-2558
PAX GUM 734-4679
August 15,; 2008 Billi K. Pollack, Esq. Law Offices of David J. Stern 801 S University Drive Suite 500 Plantation, Fl, 33324 Re: US Bank National Association as Trustee for Mastr Alternative Loan Trust 2006-hel vs. Clay Castle, et al Seventh Judicial Circuit, Volusia County, Florida Case No. 2007-11175-CIDL Dear Ms. Pollack: On June 27, 2008, I wrote to you regarding the above matter. Again, I point out that on the 23rd of April our client, Athemia "Mia" Halkis, as Personal Representative of the Estate of Clayton F. Castle, Jr., sent you a check in the amount of $41,457.20 to reinstate the note and mortgage recorded in Official Records Book 5687, Page 4704 ' - .c Records of Volusia County, Florida, also known as Loan # redacted 2565, Your File 07-88912 (ASCF), property address 1691 Timber Hills Drive, DeLand, Florida. You were to dismiss the above style action. I have yet to receive the dismissal of this foreclosed action. Please advise me as to the status of the dismissal. We wish to distribute this property from this estate to Athemia "Mia" Halkis and close the estate. Please have the owner and the holder of this mortgage contact her at 622 Foxhunt Circle, Longwood, FL 32750 to provide up to date payment information and a payment book. As of today I have received no response. It is imperative that I hear from you immediately in order that I may inform the judge as to the status of this matter. Very trUl)4ZDUrs7 Richard W. Taylor RWT/dey cc: Mia Halkis InAmpwAsTLE
MORTGAGE
RICHARD W. TAYLOR, P.A.
NrIKW.NEYATLAW
2.12NORTHFLORLDAAVENUR
DELAND..PLORrDA 32720
RICKARD W. TAYLOR
7AORD CWILTINTED DI URAL PIROPERTY
MIORARLPHOMWAN
IRDNEY R. TAYLOR
mmslms
COM 734.2568
Fax 13281 734.4679
November 19, 2008
CERTIFIED MAIL #7001-2510-0004-2714-9584 Law Offices of David J. Stern 801 S University Drive Suite 500 Plantation, Fl 33324 Attention: Billi K. Pollack, Esq.
Re:
Bank National Association as Trustee for Mastr Alternative Loan Trust 2006-hel vs. Clay Castle, et al Seventh Judicial Circuit, Volusia County, Florida Case No. 2007-11175-CIDL US
Dear Law Offices of David J. Stern: On April 23, 2008 we sent to you Washington Mutual Bank Official Check 518381184 in the amount of $41,457.20 made payable to David J Stern, PA. Trust Account regarding the note and mortgage recorded in Official Records Book 5687, Page 4707, ecords of Volusia County, Florida, also known as Loan # redacted 565, Your File 07-88912 (ASCF), property address 1691 Timber Hills Drive, DeLand, Florida. You were to hold this money in trust until you dismissed the
above styled action, without prejudice. The case was never
dismissed, so you must still have the money in trust.
On behalf of our client we hereby demand the return of the entire $41,457.20. Please make the check payable to Athemia "Mia" Halkis and mail it to this office immediately. Very truly yours, Richard W. Taylor RWT/ph cc: Mia Halkis
wiwnmmximarAcir