Filing # 195622016 E-Filed 04/05/2024 06:06:24 PM
`
`16-2024-CA-001792-AXXX-MA Div: CV-E
`
` IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL
`CIRCUIT IN AND FOR DUVAL COUNTY, FLORIDA
`
`CASE NO.:
`
`D/B/A
`LLC
`NEWREZ
`MORTGAGE SERVICING,
`
`
`
`Plaintiff,
`
`vs.
`
`SHELLPOINT
`
`TORRANCE D. GARY; UNKNOWN SPOUSE
`OF TORRANCE D. GARY; GREENLAND
`COVE HOMEOWNERS ASSOCIATION, INC.;
`UNITED STATES OF AMERICA; UNKNOWN
`TENANT IN POSSESSION #1; UNKNOWN
`TENANT IN POSSESSION #2, and ALL OTHER
`UNKNOWN PARTIES, including, if a named
`Defendant
`is
`deceased,
`the
`personal
`representatives,
`the
`surviving
`spouse, heirs,
`devisees, grantees, creditors, and all other parties
`claiming, by,
`through, under or against that
`Defendant, and all claimants, persons or parties,
`natural or corporate, or whose exact legal status is
`unknown, claiming under any of the above named
`or described Defendants,
`
`
`
`
`Defendant(s).
`
`
`/
`
`VERIFIED COMPLAINT
`
`Plaintiff, NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING by and
`
`through undersigned counsel, hereby sues Defendants, TORRANCE D. GARY; UNKNOWN
`
`SPOUSE OF TORRANCE D. GARY; GREENLAND COVE HOMEOWNERS
`
`ASSOCIATION, INC.; UNITED STATES OF AMERICA; UNKNOWN TENANT IN
`
`POSSESSION #1; UNKNOWN TENANT IN POSSESSION #2, and ALL OTHER
`
`UNKNOWN PARTIES,
`
`including,
`
`if a named Defendant
`
`is deceased,
`
`the personal
`
`representatives, the surviving spouse, heirs, devisees, grantees, creditors, and all other parties
`
`claiming, by, through, under or against that Defendant, and all claimants, persons or parties,
`
`natural or corporate, or whose exact legal status is unknown, claiming under any of the above
`
`named or described Defendants, and alleges:
`
`COUNT I - FORECLOSURE
`
`1. This is an action to foreclose a mortgage on real property located in Duval County,
`
`Florida (hereinafter “subject-property”). All conditions precedent to filing of this action
`
`24-51198
`ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 04/08/2024 08:42:36 AM
`
`

`

`have been performed or have occurred. See Certification as to Original Note attached
`
`hereto as Exhibit “1”.
`
`2. The subject-property is owned by TORRANCE D. GARY.
`
`3. Defendant(s), UNKNOWN TENANT(S)
`
`IN POSSESSION, Occupants, 11906
`
`Fitchwood Circle, Jacksonville, FL 32258, may claim some interest in the subject
`
`property by virtue of their possession or occupancy of the same; however, said interest, if
`
`any, is subordinate, junior, and inferior to the lien of Plaintiff’s mortgage.
`
`4. In addition to all other named Defendants, the unknown spouses, heirs, devisees,
`
`grantees, assignees, creditors, trustee, successors in interest or other parties claiming an
`
`interest in the subject property by, through 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 interests of Plaintiff.
`
`5. On February 15, 2019, Defendant(s), TORRANCE D. GARY, executed and delivered a
`
`promissory note and Defendants(s), TORRANCE D. GARY, executed and delivered a
`
`mortgage securing payment of the note to Mortgage Electronic Registration Systems, Inc.
`
`solely as nominee for Caliber Home Loans, Inc. The mortgage was recorded on February
`
`25, 2019, in Official Records Book 18699 at Page 1621, of the public records of Duval
`
`County, Florida, and mortgaged the property described in the mortgage then owned by
`
`and in possession of the mortgagor(s). (A copy of the mortgage and a copy of the note
`
`being attached hereto as Exhibits “A” and “B.”)
`
`6. The loan was subsequently modified pursuant to the Loan Modification Agreement,
`
`which is attached hereto as Exhibit 'C'.
`
`7. Plaintiff is the Holder of the Original Note.
`
`8. The legal description of the property being foreclosed is as follows:
`
`LOT 7, OF GREENLAND COVE, ACCORDING TO THE PLAT THEREOF, AS
`
`RECORDED IN PLAT BOOK 64, PAGES 17 THROUGH 22, OF THE PUBLIC
`
`RECORDS OF DUVAL COUNTY, FLORIDA.
`
`9. There is a default under the note, mortgage, and loan modification(s) by failing to pay the
`
`payment due November 01, 2023, and all subsequent payments.
`
`10. Plaintiff declares the full amount payable under the note, mortgage, and loan
`
`modification(s) to be due.
`
`24-51198
`
`2
`
`

`

`11. There is now due and owing the principal sum of $388,649.65 accruing interest pursuant
`
`to the terms of the aforementioned loan documents and plus interest from October 01,
`
`2023 together with all sums that may be due for taxes, insurance, escrow advances, and
`
`expenses and costs of suit including but not limited to filing fees, recording fees, title
`
`search and examination fees, fees due for service of process and such other costs as may
`
`be allowed by the Court. Said indebtedness has been accelerated pursuant to the terms of
`
`the subject note, mortgage, and loan modification(s).
`
`12. Defendant, GREENLAND COVE HOMEOWNERS ASSOCIATION, INC., may claim
`
`some right, title, and interest in and to the real property that is the subject matter of this
`
`foreclosure proceeding by virtue of its Association Documents and/or bylaws and also by
`
`virtue of that certain Claim of Lien recorded on February 26, 2024, in Official Records
`
`Book 20960 at Page 0505, of the Public Records of Duval County, Florida. Any right,
`
`title or interest in and to said real property is junior, subordinate, and inferior to the lien
`
`of Plaintiff's mortgage (Exhibit “D”).
`
`13. Defendant, UNITED STATES OF AMERICA, may claim some right, title, and interest
`
`in and to the real property that is the subject matter of this foreclosure proceeding by
`
`virtue of that certain Federal Tax Lien recorded on January 06, 2015, in Official Records
`
`Book 17026 at Page 1692, that certain Mortgage recorded on September 13, 2022, in
`
`Official Records Book 20432 at Page 1874, and also by virtue of that certain Mortgage
`
`recorded on September 19, 2023, in Official Records Book 20813 at Page 0680, of the
`
`Public Records of Duval County, Florida. Any right, title, or interest in and to said real
`
`property is junior, subordinate, and inferior to the lien of Plaintiff's mortgage (Exhibit
`
`“E”).
`
`14. Defendant, UNKNOWN SPOUSE OF TORRANCE D. GARY, may have a legal and/or
`
`equitable interest in the subject property by virtue of the Florida Constitution and the
`
`governing Florida Statutes regarding Homestead Rights or as a title holder; but any such
`
`right, title, or interest in and to said real property is junior, subordinate, and inferior to the
`
`lien of Plaintiff's mortgage.
`
`15. Plaintiff is obligated to pay its attorneys a reasonable fee for their services and is entitled
`
`to recover its attorney’s fees pursuant to Florida Statute and the promissory note.
`
`24-51198
`
`3
`
`

`

`WHEREFORE, Plaintiff, NEWREZ LLC D/B/A SHELLPOINT MORTGAGE
`
`SERVICING, demands judgment foreclosing the mortgage, for costs (and, where applicable, for
`
`attorneys’ fees), and if the proceeds of the sale are insufficient to pay Plaintiff’s claim and the
`
`borrower(s) has(ve) not been discharged in bankruptcy, a deficiency judgment.
`
`Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein
`
`are true and correct to the best of my knowledge and belief.
`
`By: ____________________________
`NEWREZ LLC D/B/A
`SHELLPOINT
`MORTGAGE SERVICING
`
`Robert Harrell
`Name:_______________________
`Title:________________________
`Document Verification Specialist
`Date: ________________________
`April 5, 2024
`
`POPKIN & ROSALER, P.A.
`Attorney for Plaintiff
`1701 West Hillsboro Boulevard, Suite 400
`Deerfield Beach, FL 33442
`Telephone: (954) 360-9030
`Facsimile: (954) 420-5187
`
`
`
`/S/ BRIAN L. ROSALER
`By:
`BRIAN L. ROSALER
`Florida Bar No.: 0174882
`Designated primary email address:
`pleadings@popkinrosaler.com
`
`
`
`
`April 5, 2024
`Dated: __________________
`
`
`
`
`24-51198
`
`4
`
`

`

`ADIHWCHOFMTRTEs
`
`shellpoint
`
`Hours of Operation
`Monday- Friday 8:00AM - 10:60PM
`Toll Free Phone 1-800-365-7107
`55 Beattie Place, Suite 110
`
`Greenville, SC 29601 Saturday 8:00AM-3:00PMToll Free Fax 1-866-467-1137
`
`
`Lastfour(4)digitsofLoan ID: po
`
`Case No:
`
`Borrower Name:
`
`TORRANCE D GARY
`
`Property Address:
`
`11906 FITCHWOODCIR
`JACKSONVILLE, FL 32258
`
`Florida Statutes § 702.015 (4) Possession Certificate
`
`(1) Under penalty of perjury, I, Nikita Thompson, Supervisor for NewRez LLC d/b/a Shellpoint Mortgage
`Servicing (Shellpoint) give this certification,
`I am authorized to provide this certification as an
`employee of Shellpoint.
`
`(2) NewRez LLC d/b/a Shellpoint Mortgage Servicing is in possession of the original promissory note at
`issuance of the foreclosure action.
`
`(3) I personally verified
`promissory note on
`
`ez LLC d/b/a Shellpoint Mortgage Servicing's possession of the original
`(date) at
`| Q:S lQum(time).
`
`(4} At the time of verification, the original promissory note was located at NewRez LLC d/b/a Shellpoint
`Mortgage Servicing, 75 Beattie Place, Suite 200, Greenville, SC 29601.
`
`(5) A true and correct copy of the Promissory Note and Allonge(s) (if applicable) is/are attached to this
`certificate as “Exhibit A”.
`
`Signature: L- \ =F ~
`
`Printed Name: Nikita Thompso
`
`Title: Supervisor
`
`Date: 04/03/2024
`
`EXHIBIT "1"
`EXHIBIT "1"
`
`

`

`NOTE
`
`- FEBRUARY 15, 2019
`[Date]
`
`JACKSONVILLE
`[City]
`
`>
`
`FLORIDA
`
`[State]
`
`11906 FITCHWOODCIR, JACKSONVILLE, FLORIDA 32258-4507
`[Property Address}
`
`1 will pay interest at a yearly rate of
`
`1. BORROWER’S PROMISE TO PAY
`In return for a loan that I have received, I promise to pay U.S. $353,380.00 (this amountis called “Principal”), plusinterest, to
`the order of the Lender. The Lender is CALIBER HOME LOANS,INC.. I will makeall payments under this Note in the form of
`cash, check or money order.
`] understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and whois entitled to
`receive payments underthis Noteis called the “Note Holder.”
`:
`2.
`INTEREST
`Interest will be charged on unpaid principaluntil the full amount of Principal has been paid.
`5.000%.
`Theinterest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) ofthis
`Note.
`3. PAYMENTS
`(A) Timeand Place of Payments
`I will pay principal and interest by making a payment every month.
`I will make these payments
`I will make my monthly payment on the 1ST day of each month beginning on APRIL 1, 2019.
`every month until [ have paid all of the principal and interest and any other charges described below that I may owe underthis Note.
`Each monthly paymentwill be applied as ofits scheduled due date and will be applied to interest before Principal. If, on MARCH 1,
`2049,I still owe amounts underthis Note,I will pay those amountsin full on that date, which is called the “Maturity Date.”
`I will make my monthly payments at P.O. BOX 650856, DALLAS, TX 75265-0856 orat a different place if required by the
`Note Holder.
`(B) Amount of Monthly Payments
`My monthly paymentwill be in the amount of U.S. $1,897.02.
`4. BORROWER’S RIGHT TO PREPAY
`I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a
`“Prepayment.” When I make a Prepayment, I will tell the Note Holder in writing that I am doing so.
`I may not designate a payment
`as a Prepaymentif I have not madeall the monthly payments due underthe Note.
`1 may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my
`Prepayments to reduce the amountof Principal that I owe under this Note. However, the Note Holder may apply my Prepaymentto
`the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amountof the
`Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the
`Note Holder agrees in writing to those changes.
`5. LOAN CHARGES
`If a law, which applies to this loan and which sets maximum loan charges,is finally interpreted so that the interest or other loan
`chargescollected or to be collected in connection with this loan exceed the permitted limits, then:
`(a) any such loan charge shall be
`reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which
`exceeded permitted limits will be refunded to me. The Note Holder may choose to makethis refund by reducing the Principal I owe
`under this Note or by making a direct payment to me.
`If a refund reduces Principal, the reduction will be treated as a partial
`Prepayment.
`6.
`BORROWER’S FAILURE TO PAY AS REQUIRED
`(A) Late Charge for Overdue Payments
`If the Note Holder has not received the full amount of any monthly paymentbythe endof 15 calendar daysafter the dateit is due,
`I will pay a late charge to the Note Holder. The amountofthe chargewill be 4.00% ofmy overdue paymentofprincipal andinterest.
`I will paythis late charge promptly but only once on eachlate payment.
`(B) Default
`If I do not pay the full amountof each monthly payment on the date it is due, | will be in default.
`(C) Notice of Default
`If I amin default, the Note Holder may send me a written notice telling me that if 1 do not pay the overdue amountby a certain
`date, the Note Holder may require me to pay immediately the full amountofPrincipal which has not been paid andall the interestthat
`I owe on that amount. That date must be at least 30 days after the date on whichthe notice is mailed to me or delivered by other
`means.
`
`(D) No Waiver By Note Holder
`Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the
`Note Holder willstill have the right to do so if ] amin default at a later time.
`(E) Paymentof Note Holder’s Costs and Expenses
`If the Note Holder has required meto pay immediately in full as described above, the Note Holder will have the right to be paid
`back by meforall of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses
`include, for example, reasonable attorneys’ fees.
`
`© 2019 Covius Services, LLC
`FHA FLORIDA FIXED RATENOTE(1/21/15)
`HC# 4837-1414-4806v3
`
`Page | of2
`
`
`
`

`

`- - Bo!
`7. GIVING OF NOTICES
`Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering
`it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of
`my different address.
`Any notice that must be given to the Note Holder underthis Note will be given by delivering it or by mailing it by first class mail
`to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address.
`8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
`If more than one person signs this Note, each person is fully and personally obligated to keep al! of the promises madein this
`Note, including the promise to pay the full amount owed. Any person whois a guarantor, surety or endorser of this Note is also
`obligated to do these things. Any person whotakes over these obligations, including the obligations of a guarantor, surety or endorser
`of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforceits rights under this Note
`against each person individually or against all of us together. This meansthat any one of us maybe required to payall of the amounts
`owed underthis Note.
`9. WAIVERS
`I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
`“Presentment” meansthe right to require the Note Holder to demand payment of amounts due. “Notice of Dishonor” meansthe right
`to require the Note Holder to give notice to other persons that amounts due have not been paid.
`10. UNIFORM SECURED NOTE
`In addition to the protections given to the Note
`This Note is a uniform instrument with limited variations in some jurisdictions.
`Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the “Security Instrument”), dated the same date as this Note,
`protects the Note Holder from possible losses which mightresult if 1 do not keep the promises which I makein this Note. That
`Security Instrument describes how and under what conditions I may be required to make immediate paymentin full ofall amounts I
`owe underthis Note. Someof those conditions are described as follows:
`Ifall or any part of the Property or any Interest in the Property is sold or transferred (or if Borroweris not a natural
`person and a beneficial interest in Borrower is sold or transferred) without Lender’s prior written consent, Lender may
`require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be
`exercised by Lenderif such exercise is prohibited by Applicable Law.
`If Lenderexercises this option, Lendershall give Borrowernotice ofacceleration. The notice shall provide a period of
`not less than 30 days from the date the notice is given in accordance with Section 14 within which Borrower mustpay all
`sums secured by this Security Instrument. If Borrowerfails to pay these sumspriorto the expiration ofthis period, Lender
`may invoke any remedies permitted by this Security Instrument withoutfurther notice or demand on Borrower.
`11. DOCUMENTARYTAX
`Thestate documentary tax due on this Note has been paid on the mortgage securing this indebtedness.
`
`WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
`
`
`
`
` TORRANCE D
` Borrower-
`
`Loan Originator Organization: CALIBER HOME LOANS,INC.
`NMLSID: 15622
`Loan Originator: N/A
`NMLSID: N/A
`
`Loan Originator Organization: FIRST FLORIDA FINANCIAL,INC.
`NMLSID: 392021
`Loan Originator. MICHAEL TRACEY
`NMLSID: 1603345
`
`(Seal)
`
`[Sign Original Only]
`
`Payto the order of
`
`Without Recourse
`, Ine.
`Caliber Ho:
`
`
`Bridgit Smith
`Post-Closing Team Lead
`
`© 2019 Cavius Services, LLC
`FHA FLORIDA FIXED RATE NOTE(1/21/15)
`HC# 4837-1414-4806v3
`
`Page 2 of2
`
`
`
`

`

`
`
`
`
`“}
`
`rec2>
`
`
`

`

`Page 1621, Number Pages: 16,
`Doc # 2019043000, OR BK 18699
`Recorded 02/25/2019 12:13 PM, RONNIE FUSSELL CLERK CIRCUIT COURT DUVAL COUNTY
`RECORDING $137.50 MORTGAGE DOC ST
`$1236.90 INTANGIBLE TAX $706.76
`
`Record & Return to:
`OSBORNE & SHEFFIELD
`TITLE SERVICES, LLC
`4776 Hodges Blvd, Suite 206
`Jacksonville, Florida 32224
`MG LOS
`
`Prepared by:
`CLORA VERNON
`CALIBER HOME LOANS,INC,
`1525 S. BELT LINE ROAD
`COPPELL, TX 75019
`
`After Recording Return To:
`FIRST AMERICAN MORTGAGE
`SOLUTIONS ON BEHALF OF
`CALIBER HOME LOANS
`1795 INTERNATIONAL WAY
`IDAHO FALLS, ID 83402
`
`|Space Above This Line For Recording Data]
`
`MORTGAGE
`
`DEFINITIONS
`
`Words used in multiple sections of this document are defined below and other words are defined in Sections 3,
`10, 12, 17, 19 and 21. Certain rules regarding the usage of words used in this documentare also provided in
`Section 15.
`
`“Security Instrument" means this document, which is dated FEBRUARY 15, 2019, together with all
`(A)
`Riders to this document.
`(B)
`"Borrower" is TORRANCE D GARY, AN UNMARRIED MAN;. Borroweris the mortgagor under
`this Security Instrument.
`(C)
`"MERS"is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is
`acting solely as a nominee for Lender and Lender's successors and assigns. MERSis the mortgagee under this
`Security Instrument. MERSis organized and existing under the laws of Delaware, and has an address and
`telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS.
`(D)
`"Lender" is CALIBER HOME LOANS, INC.. Lender is a CORPORATION organized and existing
`under the laws of DELAWARE. Lender's address is 1525 S. BELT LINE ROAD, COPPELL, TX 75019.
`(E)
`"Note" means the promissory note signed by Borrower and dated FEBRUARY15, 2019. The Note
`states that Borrower owes Lender THREE HUNDRED FIFTY-THREE THOUSAND THREE HUNDRED
`EIGHTY AND 00/100THS Dollars (U.S. $353,380.00) plus interest. Borrower has promised to pay this debtin
`regular Periodic Payments and to pay the debt in full not later than MARCH 01, 2049.
`(F)
`“Property" means the property that is described below under the heading "Transfer of Rights in the
`Property."
`(G)
`"Loan" means the debt evidenced by the Note, plus interest, late charges due under the Note, and all
`sums due underthis Security Instrument, plus interest.
`(H)
`"Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
`Riders are to be executed by Borrower [check box as applicable]:
`
`FHA FLORIDA MORTGAGE (9/14)
`HC# 4824-93 12-7204v2
`© 2019 Covius Services, LLC
`
`(page I of 12 pages)
`
`EXHIBIT "A"
`EXHIBIT "A"
`
`

`

`OR BK
`
`18699
`
`PAGE
`
`1622
`
`O Condominium Rider
`
`O Growing Equity Rider
`
`O Adjustable Rate Rider
`
`Planned Unit Development Rider
`
`© Graduated Payment Rider
`
`[1 Non-Owner Occupied Rider
`
`C1) Revocable Trust Rider
`
`regulations,
`“Applicable Law" meansall controlling applicable federal, state and local statutes,
`(I)
`ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-
`appealable judicial opinions.
`(J)
`"Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
`charges that are imposed on Borroweror the Property by a condominium association, homeownersassociation or
`similar organization.
`(K)
`"Electronic Funds Transfer" meansany transfer of funds, other than a transaction originated bycheck,
`draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument,
`computer, or magnetic tape so as to order, instruct, or authorize a financial
`institution to debit or credit an
`account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions,
`transfers initiated by telephone, wire transfers, and automated clearinghousetransfers.
`(L)
`"Escrow Items" meansthose itemsthat are described in Section 3.
`(M)
`"Miscellaneous Proceeds" means any compensation,settlement, award of damages, or proceeds paid by
`any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage
`to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iti)
`conveyancein lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition
`of the Property.
`(N)
`"Mortgage Insurance" meansinsurance protecting Lender against the nonpaymentof, or default on, the
`Loan.
`"Periodic Payment" means the regularly scheduled amountdue for(i) principal and interest under the
`(O)
`Note, plus(ii) any amounts under Section 3 of this Security Instrument.
`(12 U.S.C. § 2601 et seq.) and its
`(P)
`"RESPA" means the Real Estate Settlement Procedures Act
`implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from timeto time,or
`any additional or successorlegislation or regulation that governs the same subject matter. As used in this
`Security Instrument, "RESPA" refers to all requirements andrestrictions that are imposed in regard to a
`"federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under
`RESPA.
`(Q)
`"Secretary" means the Secretary of the United States Department of Housing and Urban Development
`or his designee.
`(R)
`"Successor in Interest of Borrower" means anyparty that has taken title to the Property, whetheror not
`that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
`
`TRANSFER OF RIGHTS IN THE PROPERTY
`
`(i) the repayment of the Loan, and all renewals, extensions and
`This Security Instrument secures to Lender:
`modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security
`Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS(solely
`as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS,
`the
`
`
`following described property located in the___ County__[Type of Recording Jurisdiction] of ___DUVAL
`[Nameof Recording Jurisdiction]:
`
`LEGAL DESCRIPTION ATTACHED HERETO AND MADE PART HEREOF
`
`FHA FLORIDA MORTGAGE (9/14)
`HC# 4824-93 12-7204v2
`© 2019 Covius Services, LLC
`
`
`
`(page 2 of 12 pages)
`
`

`

`OR BK
`
`18699
`
`PAGE
`
`1623
`
`which currently has the address of 11906 FITCHWOODCIR
`
`
`JACKSONVILLE
`[City]
`
`, Florida
`
`32258-4507
`[Zip Code]
`
`[Street]
`("Property Address"):
`
`TOGETHERWITHall the improvements now or hereafter erected on the property, and all easements,
`appurtenances, and fixtures now orhereafter a part of the property. All replacements and additionsshall also be
`covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the
`"Property."
`Borrower understands and agrees that MERS holds only legal title to the interests granted by
`Borrowerin this Security Instrument, but, if necessary to comply with law or custom, MERS(as nominee for
`Lender and Lender's successors and assigns) has the right: to exercise anyorall ofthose interests, including, but
`not limited to, the right to foreclose andsell the Property; and to take any action required of Lender including,
`but not limited to, releasing and canceling this Security Instrument.
`BORROWER COVENANTSthat Borroweris lawfully seised of the estate hereby conveyed and has the
`to mortgage, grant and convey the Property and that
`the Property is unencumbered, except
`for
`right
`encumbrances of record. Borrower warrants and will defend generally the title to the Property againstall claims
`and demands, subject to any encumbrancesof record.
`THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
`covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
`property.
`UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
`1. Paymentof Principal, Interest, Escrow Items, and Late Charges. Borrowershall pay when due the
`principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. Borrowershall
`also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security
`Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as
`payment under the Note orthis Security Instrument is returned to Lender unpaid, Lender mayrequire that any or
`all subsequent payments due under the Note and this Security Instrument be made in one or more of the
`following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's
`check or cashier's check, provided any such check is drawn upon aninstitution whose deposits are insured by a
`federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
`Payments are deemed received by Lender whenreceivedat the location designated in the Note or at such
`other location as may be designated by Lender in accordance with the notice provisions in Section 14. Lender
`mayreturn any paymentorpartial paymentif the paymentor partial paymentsare insufficient to bring the Loan
`current. Lender may accept any payment or partial payment
`insufficient to bring the Loan current, without
`waiverof any rights hereunder or prejudice to its rights to refuse such payment or partial paymentsin the future,
`but Lender is not obligated to apply such payments at the time such payments are accepted.
`If each Periodic
`Payment is applied as ofits scheduled due date, then Lender need not pay interest on unapplied funds. Lender
`may hold such unapplied funds until Borrower makes payment to bring the Loan current, If Borrower does not
`do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower.Ifnot
`applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior
`to foreclosure. No offset or claim which Borrower might have noworin the future against Lender shall relieve
`Borrower from making payments due under the Note and this Security Instrument or performing the covenants
`and agreements secured by this Security Instrument.
`2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments
`accepted and applied by Lendershall be applied in the following orderofpriority:
`First, to the Mortgage Insurance premiums to be paid by Lenderto the Secretary or the monthly charge by
`the Secretary instead of the monthly mortgage insurance premiums;
`Second, to anytaxes, special assessments, leasehold payments or ground rents, and fire, flood and other
`hazard insurance premiums, as required;
`
`FHA FLORIDA MORTGAGE (9/14)
`HC# 4824-93 12-7204y2
`© 2019 Covius Services, LLC
`
`
`
`(page 3 of 12 pages)
`
`

`

`OR BK
`
`18699
`
`PAGE
`
`1624
`
`Third, to interest due under the Note;
`Fourth, to amortization of the principal ofthe Note; and,
`Fifth, to late charges due underthe Note.
`Anyapplication of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the
`Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
`3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under
`the Note, until the Noteis paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes
`and assessments and other items which can attain priority over this Security Instrumentas a lien or encumbrance
`on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any andall
`insurance required by Lender under Section 5; and (d) Mortgage Insurance premiumsto be paid by Lenderto the
`Secretary or the monthly charge bythe Secretary instead of the monthly Mortgage Insurance premiums. These
`items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require
`that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees
`and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to
`be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives
`Borrower's obligation to pay the Funds for anyor all Escrow Items. Lender may waive Borrower's obligation to
`pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing.
`In the
`event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow
`Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender
`receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to
`make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement
`contained in this Security Instrument, as the phrase "covenant and agreement"is used in Section 9.
`If Borrower
`is obligated to pay Escrow Itemsdirectly, pursuant to a waiver, and Borrowerfails to pay the amount due for an
`EscrowItem, Lender may exercise its rights under Section 9 and pay such amount and Borrowershall then be
`obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all
`Escrow Items at any time by a notice given in accordance with Section 14 and, upon such revocation, Borrower
`shall pay to Lender all Funds, and in such amounts, that are then required underthis Section 3.
`Lender may, at any time, collect and hold Funds in an amount(a) sufficient to permit Lender to apply the
`Fundsat the time specified under RESPA,and (b) not to exceed the maximum amounta lender can require under
`RESPA. Lendershall estimate the amount of Funds due onthe basis of current data and reasonable estimates of
`expenditures of future Escrow Items or otherwise in accordance with Applicable Law.
`The Fundsshall be held in an institution whose deposits are insured by a federal agency, instrumentality,
`or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home
`Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under
`RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow
`account,or verifying the Escrow Items, unless Lender pays Borrowerinterest on the Funds and Applicable Law
`permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires
`interest to be paid on the Funds, Lender shall not be required to pay Borrower any in