EFTA00750891.pdf

Agency Nome INt,lUtN I /IP1Vtb I Ila H I IUN Casen 05-002709 Palen Beach Gardens Police Department REPORT Date i Time Reported I ORI 04/29/, 005 16.16 Fri N FL 0502600 Last Knoven Saure C Z.onefTract 04/ 79/2001 16.00 Fri Location of Incident Premile Type At Found D Residential/ Apt / Condo 23. 6 04/29/2005 16:15 Fri E Crime Incidenns) (Com) Weapon / Tools /LANDS FEET: Fisi : w en, I Activity N ir 1 Banery - Simple Enny Exit Security T M SBAT D Crime Incident (Com ) Weapon / Tools I Activin A " 2 Crimina1»whig- Vehicle T 1:x11 I Security A G1/1'P' i: Crime Incident ( ) Weapon / Tools I Activin R3 Entry limt Security MO N of Victims 2 I Type: INDIVIDUAL Injury: Not Applicable Damcsiic: Y Vktimillusiness Nask lØt Fink Middle) Vitiim of DOR Race Sex Relationship Resident Status Military Csu= N To Ofl-endel BranchrStatus V VI I 1.2 II' F 05 Resident e Home Address I rome Phone T . I.. Business Phone Mobile one M i EmplI i. III i.III aI > VYR Make Model Styk Color Lie/Lis VIN CODES V. Vielim i Denote V2. V3) O- Onner Of odler 'han victim) R= Reponing Person rir other than victim) O Type INDI VIDD/ I. Injury Not Applicable T alliffill Vie= of DOR Ra„ Sex Relationsbip Resident Status »likn H Codi, Cremen To °Hender BrancluStatu. E r.? /, II' Al Resident R i s Home Phone S limp nyet . amer/ tess Bust~ Mobik Phone I N Type Injury V Vielim of DOB Race Sex Relatimiship Resident Status »hur) O Codc Nome (Last. Fust. Mi") Crime ø To Ofrende, BranchiStatus I. Age V E Home Address I lime Phone I) limployer Nanbc/Address Business Phone Mobile Pilane I. - Lost 5 - Stolen R = Recoveted Da Damaged Z - Sei/ed B = Bumed C = Counterfeit / Forged F - Found Mr a Keton-red for Other Junsdiction) VI Status N Code hiniTo Vake O1 CITY I'ropenv Deseriplion MakeiMinkl Serial Number I 92 D 575.00 I euroram Anys•ones BRIDGEMONE hacn:: 0., D $0.00 I 2004 Sit, .1726NDZ hl IIONtlemr Ilkilift(229,(41.03”,w, P R . 0 P E R T Y OfficanD4 GUILLEN, E. 1296) Invest II» (0) Supervisor Sua> Complainant Signaturc Case Status Case Disposition: EXHIBIT dctive 04/29/2005 Primed By: BUTALA307, RECORDS03 Sysø: 8071 EFTA00750891  INCIDENT/INVESTIGATION REPORT By BUTAI.A307. RECORDS03 07/2112009 Page 2 Palm Beach Gardens Police Deparimem Case# 05-002709 SI°us I = None 2 = Burned 3 = Counterfeit / Eased 4 a Damaged 5 . Recovered 6 a Seized 7. Stolen 8 = Unknown Codes UCR Status Quantity Type Measuic Suspected Type Up to 3 types of activity D R U 0 S Assis mg Officers THOMAS. T.N. (144). CLAYTON. S. . (276). LAWRENCE. T.M. (284) Suspect Hate / Bias Motivated: None (No bias) NARRATIVE EFTA00750892  EFTA00750893 REPORTING OFFICER NARRATIVE OCA Palm Beach Gardens Police Department 05-002709 Victim Offense Date !Time Reported BATTERY - SIMPLE Fri 04/29/2005 16:16 Reporting Officer: GUILLEN. E. Page 3 Primcd By: BUTALA307, RECORDS03 07/21/20091S:13  REPORTING OFFICER NARRATIVE OCA Palm Beach Gardens Police Department 05-002709 Victim Offense Date / Time Reported BATTERY- SIMPLE Fri 04/29/2005 16:16 MINIMAL. BOTH PARTIES WERE ISSUED PALM BEACH GARDENS POLICE DOMESTIC VIOLENCE INFORMATION PACKETS AND CASE CARDS FOR FUTURE REFERENCE. Reporting Officer: GUILLEN, E. Page 4 Printed By. BUTAIA307, RECORDS03 0721/2009 IS 13 EFTA00750894  Incident Report Related Vehicle List Palm Beach Gardens Police Department OCA: 05-002709 VehYr/Make/Model Style Colo Lie/Lis /Decal Vin 1 2004 HOND, Civic 2DR SIL IBR Status Date Location Damaged 04/29/2005 Condition Valve Offense Code Jurisdiction State a NIC $0.00 Locally Name (Last. First. Middle) Also Known As Home Address • No name • Business Address DOD. Age Race Sex Hgt Wgt Scars. Marks. Tattoos. Of other distinguishing features Notes R_CS9IBR Printed By: BUTALA307. RECORDS03 07/21/2009 15:13 Page 6 EFTA00750895  Incident Report Related Property List Palm Beach Gardens Police Department OCA: 05-002709 Property Description Make Model Caliber Auto Parts/Accessories BRIDGESTONE POTENZA Color Serial No. Value Qty Unit Jurisdiction $75.00 1.00 Locally Status Date NIC 0 State a Local I OAN Damaged 04/29/2005 X06NOZ Name (Last, First. Middle) DOB Age Race Sex W F Notes TIRE WAS CUT WITH A KNIFE ON THE OUTER WALL. NOT REPEARABLE R_CSOIBR Printed By: BUTALA307, RECORDS0J 07/21/2009 15:14 EFTA00750896  20Q8CA024515 XXXX NB This space is for recording purposes only AN IN THE CIRCUIT COURT OF THE I STII JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY. FLORIDA GENERAL JURISDICTION DIVISION CASE NO: AMTRUST BANK PLAINTIFF VS. NOTICE OF LIS PENDENS I. TO: The above named Defendants. AND ALL OTHERS WHOM IT MAY CONCERN: CROIRSKIXCMCOmPLAINVIOWin Cm? EXHIBIT CFN 20080308219, OR BK 22815 PG 1273,RECORDED 08/18/2( Sharon R. Bock,CLERK & COMPTROLLER, Palm Beach County, EFTA00750897  2. YOU ARE NOTIFIED of the institution of this action by the Plaintiff against you seeking to foreclose the Note and Mortgage encumbering the described property and the decreeing of a sale of the property under the direction of the court in default of the payment of the amount found to be due the Plaintiff under the Note and Mortgage, and for other, further and general relief set forth in the Complaint. 3. The property involved is that certain parcel, lot or unit situate, lying and being in PALM BEACH County, Florida, as set forth in the mortgage recorded in Official Records Book 19119, at Page 926, more particularly described as follows: UNIT NO. 208, BUILDING NO 18, SAN MATERA , THE GARDENS, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF, AS RECORDED IN OFFICIAL RECORDS BOOK 18900, PAGE 587, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Dated at Plantation, Broward County, Florida, this 1day of , 2008. DEANNE L.IORRESPO Law Offices I David .1 Stem, P.A. Attorney for Plaintiff 900 South Pine Island Road SUITE 400 Plantation, FL 33324-3920 (954) 233-8000 og.g435CAMTST) Bar N: 0012190 F tCROLIPSVCIDOCTCO,OLADFCZOS-14),I OAP CF 29vAtono i5 SOCK nal 5 PACE I 225 2 CP 2 EFTA00750898  IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO: 4 AMTRUST BANK PLAINTIFF 2008CAO 24515 XXXINB VS. DEFENDANT(S) 90:S NJ II mom COMPLAINT TO FORECLOSE MORTGAGE AND TO ENFORCE LOST LOAN DOCUMENTS Plaintiff, sues the Defendant(s) and alleges: COUNTI I. THIS IS AN ACTION to foreclose a Mortgage on real properly in PALM BEACH County, Florida. 2. This Court has jurisdiction over the subject matter herein. 3. On AUGUST IS, 2005 executed and delivered a Promissory Note and a PURCHASE MONEY Mortgage securing payment of the Note to the Payee named thereon. 4. The Mortgage was recorded on AUGUST 22, 2005 in Official Records Book 19119 at page 926, of the Public Records of PALM BEACH County, Florida, and mortgaged the property described in it, then owned by and possessed by the Mortgagors, a copy of the Mortgage IS attached hereto as "Exhibit "A". Said mortgage was subsequently assigned to AMTRUST BANK by virtue of an assignment to be recorded. 5. The Plaintiff owns and holds the Note and Mortgage. 6. 7. There is a default under the terms of the note and mongage for the APRIL I, 2008 payment and all payments due thereafter. 8. All conditions precedent to the acceleration of this Mortgage Note and to foreclosure of the Mortgage have been fulfilled or have occurred. 9. The Plaintiff declares the full amount payable under the Note and Mortgage to be due. 10. The borrowers owe Plaintiff 3140,110.51 that is due in principal on the Mortgage Note and Mortgage, together with interest from MARCH I, 2008, late charges, and all costs of collection including title search expenses for ascertaining necessary parties to this action and reasonable attorney's fees. I I. Plaintiff is obligated to pay its attorney a reasonable fee for his services rendered. EFTA00750899  12. Defendants, John Doe and Jane Doe, may claini an interest in the property described in the Mortgage as tenants pursuant to a lease agreement, either written or oral. Said interest is subject, subordinate, and inferior to the lien of the Mortgage held by Plaintiff. 13. In addition to all other named defendants, the unknown spouses, heirs, devisees, grantees, assignees, creditors, trustees, successors in interest or other parties claiming an interest in the subject property by, through under or against any of said defendants, whether natural or corporate, who are not known to be alive or dead, dissolved or existing, are joined as defendants herein. The claims of any of said parties are subject, subordinate, and inferior to the interest of Plaintiff. 14. The Defendant, SAN MATERA THE GARDENS CONDOMINIUM ASSOCIATION, MC., is joined because it may claim some interest in or lien upon the subject property by virtue of possible association liens and assessments. Said interest is subject, subordinate, and inferior to the lien of the Mortgage held by the Plaintiff. 15. The Defendant, THE MACARTHUR CENTER PROPERTY OWNERS ASSOCIA11ON, INC., is joined because it may claim some interest in or lien upon the subject property by virtue of possible association liens and assessments. Said interest is subject, subordinate, and inferior to the lien of the Mortgage held by the 16. The Defendant, s joined because HE may claim some interest in or lien upon the subject property by virtue of a possible homestead interest. Said interest is subject, subordinate and inferior to the interest of the Plaintiffs mortgage. 17. The Defendant(s), AMTRUST BANK PK/A OHIO SAVINGS BANK, IS joined because THEY may claim some interest in or lien upon the subject property by virtue of a MORTGAGE recorded in Official Records Book 19119 at Page 946 in PALM BEACH COUNTY which is inferior to Plaintiffs Mortgage described herein. WHEREFORE, Plaintiff prays: That an accounting may be had and taken under the direction of this Court of what is due the Plaintiff for principal and interest on said Mortgage and Mortgage Note, and for the costs, charges and expenses, including attorney's fees and title search costs, and advancements which Plaintiff may be put to or incur in and about this suit, and that the Defendants found responsible for same be ordered to pay the Plaintiff herein the amounts so found to be due it; that in default of such payments, all right, title, interest, claim, demand, or equity of redemption of the Defendants and all other persons claiming by, through, under or against said Defendants since the filing of the Lis Pendens herein be absolutely barred and foreclosed and that said mortgage property be sold under the direction of this Court; that out of the proceeds of said sale, the amounts due the Plaintiff may be paid so far as same will suffice; and that a deficiency judgment be entered if applicable and only in the event no Order of Discharge of Personal Liability in Bankruptcy has been entered as to any of the Defendants who signed the subject Note and Mortgage and a Writ of Possession be issued. COUNT Ii 18. This is an action to enforce a lost, destroyed or stolen promissory note and Mortgage under Fla.Stat.§673.3091. 19. On AUGUST 15, 2005, executed and delivered a Promissory Note and a Mortgage securing payment of the Note to the payee named thereon. EFTA00750900  20. The Mortgage was recorded on AUGUST 22, 2005 in Official Records Book 19119 at page 926, of the Public Records of PALM BEACH County, Florida, a substantial copy of the Mortgage being attached hereto as composite Exhibit "A" to the Plaintiff's original Complaint herein. 21: The Plaintiff is not presently in possession of original Note and Mortgage. However, a) the Plaintiff was in possession of the Note and Mortgage and was entitled to enforce THEM when the loss of possession occurred; b) the loss of possession was not the result of a transfer by Plaintiff or lawful seizure; and c) the Plaintiff cannot reasonably obtain possession of the Note and Mortgage because THEIR whereabouts cannot be determined. 22. The terms of the Note are shown on the attached ledger of loan marked as Exhibit " 23. The Plaintiff will agree to entry of a Final Judgment of Foreclosure wherein it will be required to indemnify and hold harmless Defendant(s), SHAWNA L BRINSON , from any loss they may incur by reason of a claim by another person to enforce the lost Note and Mortgage. WHEREFORE, Plaintiff requests entry of judgment confirming its right to enforce the lost Note and Mortgage under Fla. Stat§673.309 TO ALL DEFENDANTS: PLEASE NOTE EFFECTIVE OCTOBER 13, 2066, IS U.S.C. §1692G OF THE FAIR DEBT COLLECTION PRACTICES ACT HAS BEEN AMENDED AS FOLLOWS: (a) LEGAL PLEADINGS — Section 809 of the Fair Debt Collection Practices Act (IS U.S.C. 1692g) is amended by adding at the end the following new subsection: "(d) Legal Pleadings — A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection (a)." L DEANNE TORRE Law Offices of David 3 Stern, P.A. Attorney for Plaintiff 900 South Pine Island Road SUITE 400 Plantation, FL 33324-3920 (954)233.8000 08-84358(AMTST) Bard: 0012190 F ,CA0IPSVCD0CSLL- CNOLAINFani114.O SI C/17 EFTA00750901  IuirnOIainwtvianival This INSTRUMENT PREPARED BY CFN 20090114699 AND PLEASE RECORD AND RETURN TO: OR BK 23164 PG 1007 RECORDED 04/07/2009 11:29:57 DREW MELVILLE Pala Beach County, Florida RANDALL K. ROGER 8 ASSOCIATES. P.A. Sharon R. Lock. CLERK i COMPTROLLER 621 Northwest 53rd Street Pp 1007; Clpol Sugit,300 EoctiSaton, Florida 33487 -CLAIM OF LIEN FOR ASSESSMENTS KNOW ALL. MEN BY THESE PRESENTS, THAT: BEFORE ME the undersigned authority, personally appeared Drew Melville, attorney-in- fact for SAN\ MATERA THE GARDENS CONDOMINIUM ASSOCIATION, INC., a Condominithn,Association of Palm Beach County, Florida, whose post office address Is 11910 Kew GardeniAvenue, Palm Beach Gardens, FL 33410, and that pursuant to Section 718.116 of the Florida Statutes and the Declaration of Condominium for SAN MATERA THE GARDENS CONDOMINIUM ASSOCIATION, INC. claims this lien against the following property: Unit No. 208 Building No. 18, SAN MATERA THE GARDENS, A Condominium, according tot Declaration of Condominium thereof, as recorded in Official Records 8°6101900, Page 587, of the Public Records of Palm Beach County, Florida. The record owner(s) of s#1-Property is: a single woman. The amount due is 52,1au 92 as follows: :2 Balance of monthly mitOihance assessment due as of 08/01/08 in the.ainount of S223.59. $223.59 Maintenance assessment cluti,09/01/08 through 03/01/09 at $282.19 per month. $1,975.33 plus interest at the rate of 15% per apaymi plus late fees. from the dates due, less all payments made since the date of the delinquency:-/. In addition, this Claim of Llen also secures interest, late fees, costs, and reasonable attorneys fees incurred by the Association pursuant to the recorded Declaration of Condominium. Fernier, this lien secures aD assessments coming due, less any payments received from e date of the initial delinquency and after the filing of this Claim of Lien. Dated this day of March. 2009. WITNESSES: rtriiteNG. Paulin y SAN MATERA THE GARDENS CONDOMINIUM ASSOCIATION, INC. BY: DREW MELVILLE Attorney-in-fact Florida Bar No.: 34986 STATE OF FLORIDA :ss COUNTY OF PALM BEACH: regoing instrument was acknowledged before me this day of 2009. by Drew Melville as attorney-in-fact of SAN MATERA THE MINIUM ASSOCIATION, INC., a Florida corporation, on behalf of the corporation. He is personally known to me or has produced es identification and did take an oath. BY: My Commission Expires: A Jessica Keane Printed Name of Notary Public EXHIBIT Book23164/Page1007 Page 1 of 1 3 EFTA00750902  STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES DIVISION OF DRIVER LICENSES TRANSCRIPT OF DRIVER RECORD mima on NAIDEN LAST "Ix DOS HEMORT RÅGE SEX SOcem Iltukire DRIVER EDITCATION stum Dalt emoftsNm 07/21/09 0617 CLASS DATE DATE XESTRICTIONS EHOORSCRENTS DRIVEN LICENSOD/ID NUTIDER PRIOR MOD DRIVER LEGEN« MMUR ISSUED EXPO» E 10/12/05 11/07/11 A EXAN$ VISION SIGNS MAS DRIVENS NOTOcYcLE DATE Delo DL ISSUED GOL. ISSUL Datt CCCCCCUS DATOU CURREUT SANN 1 1 3 2 o 0 12/16/94 08222001X 101205X62 DUPUCATE UCEI3BE DEPLACEMENT UCENSE 061600P05 011895P05 CRILSIT OFFENSE EFFECT1VE CONVICTION DATE RES STATE- ME NET INFON RADON FROM COUN1Y/ city COURT ENTRY DESCRIPTION c 'f) W OOCCETOR !.r NnUCTER DEPT WEONLY BATCII DATE DAT snut NS PO PI of ENTRITS HELOR COVER TNI1 PERSONS ENTIRE RECORD Ra P n BLOCK PERSONAL INFORMAT'ON .4 BLOCK FOR MALLING LIST • ho THIS LERSON NA4 A DIGITAL IMAGE • 03/12/99 CORRESPONDCE CDR/CDT TRANSACTION-NO LICENSE-ISSUED POS 11/12/04 CORRESPONDCE MAIL/PHONE IN ADDRESS CHARGE X62 09/29/05 CORRESPONDCE MAILIPHONE IN ADDRESS CHARGE X62 09/05/08 CORRESPONDCE MAIL/PHONE IN ADDRESS CHARGE X65 01/12/94 IDENTIFICATION CARD ISSUED EXPIRES: 11/07/97 P05 10/01/98 05/09/99 OSCEOLA COUNTY CONV-S.0 PTS UNLANFUL SPEED 079/70 1 1208780 9158LK 03/14/99 03119199 PALMBCH COUNTY CONV•0.0 PTS EXPIRED TAG - 6 MOS OR LESS I 376704T 914808 02/08/06 02/21/06 PALNECN COUNTY CONV•0.0 PTS EXPIRED TAG - 6 MOS OR LESS 1 3106RA2 06053994 02/08/06 02/21/06 PALMBCH COUNTY CONV•4.0 PTS UNLAWFUL SPEED 065/45 I 314SRAZ 06053994 END OF RECORD o ****** anc att ..ellon 322.2401. t.S.. I Sno.on 4. Rack. C ork i com.trozzer. Beach. Stat* of farad.. Do hoten,/ aaaaaaa tåa this Is trut såå LICENSE CLASSES RESTRICTIONS WPREteetarjyt GODE C I rrrrrORFCRATR GODE ~ ity af Pa imoicatts motton CLASS A My Vicke <sa* an a GVVal A Gonectono liren N hOtFootAccoludot C "a ' gna " TT C ✓ act asch no islins tronPorlat o Insi 0000000000 sobleoct s rrrrr no rrrrrr 0.126.001pounes or men ChENO4t4annownoot P ProbaeonirmaxAdak• coumsci tssUED lakm oro the etetclol rrrrrrr on Ill, with the rrrrrrrrrr of hliehuoy rrrrrr w.COUNTEL VAIVED A 'Haltares cRAsm and Matar v•nstlao. CLASS B C Ononesspunposot R Reticted ART mapp vada men a GYWR S OthuResUctcro 0 EmoNymemPoottes A 73 of 26.001 pour.= or rna* DOMMC>hon;(3.4 T NopaoungeoaRoRDRcletche CLASS C My andaud whcbo weil a SVINN F AutanUcTianuncsaon X Medicmalorteacald PITTRSI7104 CURTS Adlad fOOVk c4 Maffian 26.0010am:tå G R>OrW Steen% Y Eciamocn Ropens I.Culify 0.0c rrrrrrrr ACTION CLASS D I DtdociOnal Signala 1 ~OM W/0 As Brakos AR/ Una ~capo:40.C« para .0 TREAN« C.CouRt &Utom J Gnp on Meenno Whed 2 GOL Idiotisk orts S.TOrrrrr URC Cl mom, ty4 hesa than 26,001 K litann; Aod 3 COt Dås os, 4.MAII4CCO DELINGotof Rean« GVWEI a moN Utan DO L Somt Chshon å CSAV 26.001 MS08NR 5.4404vOICATIoN w tft Uoaa rrrrrrrrrrrrrr nr the rrrrr Of rrrrrrr aria rrrrr in Florida only. M Hård GOMSY a Pedal 5 No TnKlotiDaDua ombe, oka another rrrrrrrrrrrr CUOMPOn 6 No dam A Ruunger ~ck aero 71.7si e., Ynka Via/ mat ho usas. to .armuro an ADA ClASS E Pinutar omforma karm utav. seen 7 No daga B Pagumemme ~Kb S 424.174, GLASS EDI toa/non kona* EFTA00750903