Filing # 173701106 E-Filed 05/22/2023 03:32:03 PM
`Filing # 173701106 E-Filed 05/22/2023 03:32:03 PM
`
`IN THE CIRCUIT COURT OF THE 11TH
`JUDICIAL CIRCUIT IN AND FOR
`MIAMI-DADE COUNTY, FLORIDA,
`
`CASE NO.:
`
`ALLIED FIRST BANK, SB DBA SERVBANK,
`
`Plaintiff,
`
`Vv.
`
`ROLAND HENDERSON; GLENDA VOLNEY;
`UNKNOWN
`SPOUSE
`OF
`ROLAND
`HENDERSON;
`UNKNOWN
`SPOUSE
`OF
`GLENDA VOLNEY; CAC FINANCE, LLC., A
`FLORIDA LIMITED LIABILITY COMPANY;
`UNKNOWN TENANT #1; UNKNOWN TENANT
`#2; AND ALL UNKNOWN PARTIES
`IN
`POSSESSION IF THE ABOVE DEFENDANTS
`ARE ALIVE AND IF ONE OR MORE OF SAID
`DEFENDANTSARE DEAD, THEIR UNKNOWN
`SPOUSES, HEIRS, DEVISEES, GRANTEES,
`PERSONAL REPRESENTATIVES, CREDITORS
`AND ALL PARTIES HAVING OR CLAIMING
`BY, THROUGH OR AGAINST THEM; AND ALL
`PARTIES CLAIMING TO HAVE ANY RIGHT,
`TITLE OR INTEREST IN THE PROPERTY
`DESCRIBED IN THE COMPLAINT,
`
`Defendant(s).
`
`/
`
`VERIFIED COMPLAINT
`
`Plaintiff, ALLIED FIRST BANK, SB DBA SERVBANK,(hereinafter referred to as the
`
`“Plaintiff”’), by and through its undersigned counsel, hereby sues the Defendants, ROLAND
`
`HENDERSON; GLENDA VOLNEY; UNKNOWN SPOUSE OF ROLAND HENDERSON;
`
`UNKNOWN SPOUSE OF GLENDA VOLNEY; CAC FINANCE, LLC., A FLORIDA LIMITED
`
`LIABILITY COMPANY; UNKNOWN TENANT #1; UNKNOWN TENANT #2; AND ALL
`
`UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER OR AGAINST THE NAMED
`
`GHIDOTTI | BERGER LLP
`-]-
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`

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`DEFENDANTS, WHETHER LIVING OR NOT, AND WHETHER SAID UNKNOWN PARTIES
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`CLAIMS AS HEIRS, DEVISEES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS,
`
`TRUSTEES, OR IN ANY OTHER CAPACITY, CLAIMING BY, THROUGH UNDER OR
`
`AGAINST THE NAMED DEFENDANTS,and as grounds therefore states as follows:
`
`I.
`
`2.
`
`Plaintiff is the owner and holder of the subject Note and Mortgage.
`
`Jurisdiction and venue are proper in this Court in that the real property made the
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`subject of this action is located in Miami-Dade County, Florida.
`
`3.
`
`All conditions precedent to Plaintiff's maintenance of this action have occurred or
`
`have been performed.
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`4,
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`Plaintiff has retained the law firm of Ghidotti | Berger LLP to representit in this cause
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`and hasagreedto and is obligated to pay it a reasonable fee for its services.
`
`COUNTI
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`5.
`
`Plaintiff repeats and re-alleges each and every allegation contained in Paragraphs |
`
`through 4 above,inclusive, with the same force and effect as if more fully set forth herein.
`
`6.
`
`This is an action to foreclose a mortgage on the following described real property in
`
`Miami-Dade County, Florida (hereinafter referred to as the “Property”):
`
`LOT 5, AND 6, BLOCK 4, OF MAGNOLIA SUBDIVISION,
`ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
`PLAT BOOK 40, PAGE 80 OF THE PUBLIC RECORDS OF
`MIAMI-DADE COUNTY, FLORIDA.
`
`Street Address:
`
`2070 GRANT AVE
`OPA LOCKA,FL 33054
`
`7.
`
`On or about May 16, 2014, Defendant, ROLAND HENDERSON and GLENDA
`
`VOLNEY, executed and delivered a negotiable promissory note in favor of CIS FINANCIAL
`
`SERVICES, INC., DBA CIS HOME LOANS(the “Original Lender”) in the amount of $176,801.00
`
`(hereinafter the “Note”) in Miami-Dade County, Florida. A true and correct copy of the Note is
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`GHIDOTTI | BERGER LLP
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`attached hereto as Exhibit “A” and incorporated herein by reference.
`
`8.
`
`The Note was secured by a Mortgage dated May 16, 2014, that was also executed by
`
`Defendants, ROLAND HENDERSON and GLENDA VOLNEY,(“the Mortgage”). The Mortgage
`
`was recorded on June 23, 2014, in Official Records Book 29201, Page 4206 of the Public Records of
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`Miami-Dade County, Florida, and encumbered the Property that was then owned by andin the
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`possession of Defendants, ROLAND HENDERSON and GLENDA VOLNEY.A true and correct
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`copy of the Mortgage is attached hereto as Exhibit “B” and incorporated by reference.
`
`9.
`
`The Note and Mortgage are in default due to the failure of Defendants, ROLAND
`
`HENDERSON and GLENDA VOLNEY,
`
`to pay the installment due on July 1, 2022,
`
`andall
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`subsequent paymentsthereafter, or thereafter bring the Note and Mortgage current. A true and correct
`
`copy of the Notice of Default is attached hereto as Exhibit “C” and incorporated by reference.
`
`10.
`
`As such, Plaintiff has elected to accelerate the Note and Mortgage and declared the
`
`full amount owed to be immediately due and payable.
`
`11.
`
`Plaintiff is owed the principal sum of $150,884.08 that is due with interest and late
`
`fees on the Note and Mortgage, as well as costs and expenses of ascertaining the necessary parties to
`
`this action and reasonable attorney's fees.
`
`12.
`
`Pursuant to the terms and conditions of the Note and Mortgage, Defendants, agreed
`
`that they shall be liable for and responsible to the Plaintiff for any and all attorney's fees and costs
`
`incurred bythe Plaintiff in the bringing of any action to collect any of the monies due and owing the
`
`Plaintiff herein.
`
`13.
`
`Defendant, UNKNOWN SPOUSE OF GLENDA VOLNEY, may appear to have
`
`someright, title,
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`interest or claim in and to the Property by virtue of their marriage to Defendant,
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`GLENDA VOLNEY, however, said interest, if any, is subordinate, junior, and inferior to the lien of
`
`Plaintiff's Mortgage.
`
`GHIDOTTI | BERGER LLP
`-3-
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`14.
`
`Defendant, UNKNOWN SPOUSE OF ROLAND HENDERSON, mayappearto have
`
`someright, title,
`
`interest or claim in and to the Property by virtue of their marriage to Defendant,
`
`ROLAND HENDERSON,however, said interest, if any, is subordinate, junior, and inferior to the
`
`lien of Plaintiff's Mortgage.
`
`15.
`
`Defendant, CAC FINANCE, LLC., A FLORIDA LIMITED LIABILITY COMPANY,
`
`may appear to have someright, title,
`
`interest or claim to the Property by virtue of a Mortgage
`
`recorded in Official Records Book 27762, at Page 2458,
`
`in the Public Records of Miami-Dade
`
`County, Florida, however, said interest,
`
`if any,
`
`is subordinate, junior, and inferior to the lien of
`
`Plaintiff's Mortgage.
`
`16.
`
`Defendant, UNKNOWN TENANT#1, or any other tenant in possession, whosereal
`
`names are unknown, may claim someright, title or interest in the Property sought herein to be
`
`foreclosed by virtue of possession of or through a written or verbal lease agreement or some other
`
`unknowninterest, the exact nature of which is unknownto Plaintiff and not a matter of public record;
`
`however, said interest, if any, is subordinate, junior, and inferior to the lien of Plaintiff's Mortgage.
`
`17,
`
`Defendant, UNKNOWN TENANT#2, or any other tenant in possession, whosereal
`
`names are unknown, may claim someright, title or interest in the Property sought herein to be
`
`foreclosed by virtue of possession of or through a written or verbal lease agreement or some other
`
`unknowninterest, the exact nature of which is unknownto Plaintiff and not a matter of public record;
`
`however, said interest, if any, is subordinate, junior, and inferior to the lien of Plaintiff's Mortgage.
`
`WHEREFORE,Plaintiff requests that:
`
`(1) The Court will assume jurisdiction of the subject matter of this action and of the
`
`namedparties.
`
`(2) The Court will ascertain the amountof the money due Plaintiff for principal and
`
`interest on the mortgage, note and forlate charges, abstracting, taxes, expenses, and all expenses of
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`GHIDOTTI | BERGER LLP
`-4.
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`foreclosure including attorney's fees, that Plaintiff is entitled to recover in this action plus interest
`
`thereon.
`
`(3)
`
`The Court decree that Plaintiff has a lien on the property described in the
`
`mortgage for the sum of money found to be due Plaintiff.
`
`(4)
`
`If the sums due Plaintiff under the Note and Mortgage are not paid immediately,
`
`the Court shall foreclose the Mortgage in accordance with the rules and established practice of the
`
`Court, and the Clerk of the Court shall sell all of the above-mentioned property securing the
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`indebtedness to satisfy the mortgage lien of Plaintiff in accordance with the provisions of Florida
`
`Statutes, Section 45.031.
`
`(5) The Court decree that the mortgage lien interests of the Plaintiff are superior and
`
`paramounttoallliens, rights, title and interests of any Defendant, or any party claiming by, through,
`
`under or against any Defendant, and that such liens, rights, title or interest of any Defendant named
`
`herein or after made a Defendant, or any party claiming by, through, underor against any Defendant
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`be forever barred and foreclosed.
`
`(6) The Court retain jurisdiction of this action in order to make any and all further
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`orders and judgments as may be necessary and properincluding the issuance of a writ of possession
`
`and/or a deficiency judgment, for any portion of a deficiency, should one exist, all in accordance with
`
`Chapter 702, Florida Statutes, unless any Defendant personally liable shall have been discharged
`
`from liability under the subject note pursuant to the provisions of the Bankruptcy Code 11 U.S.C.
`
`Section 101, et. seq.
`
`(7)
`
`That the Court enter an Order to Show Cause, pursuant to Section 702.10,
`
`Florida Statutes 702.10.
`
`(8)
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`The Court grant such other and further relief as Plaintiff may be entitled to
`
`receive.
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`GHIDOTTI | BERGER LLP
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`COUNTHf
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`18.
`
`Plaintiff repeats and realleges each and every allegation contained in Paragraphs 1
`
`through 4 above, inclusive, with the same force and effect as if more fully set forth herein.
`
`19.
`
`This is an action for damages in excess of $50,000.00 based upon the breach of a
`
`negotiable promissory note.
`
`20.
`
`On or about May 16, 2014, Defendants, ROLAND HENDERSON and GLENDA
`
`VOLNEY, executed and delivered the Note. A true and correct copy of the Note is attached hereto as
`
`Exhibit “A” and incorporated herein by reference.
`
`21.
`
`Plaintiff is the owner and holder of the Note.
`
`22.
`
`The Note is in default due to the failure of Defendants, ROLAND HENDERSON and
`
`GLENDA VOLNEY,to pay the installment due on July 1, 2022, and all subsequentinstallments, or
`
`thereafter bring the Note current.
`
`23,
`
`As such, Plaintiff has elected to accelerate the Note and declared the full amount
`
`owed under the Note to be immediately due and payable together with any sums advanced and paid
`
`to protect its security for ad valorem taxes, premiums on insurance required by the Mortgage and
`
`other necessary costs required to be advanced during the pendency ofthis action. Any such sum so
`
`paid will be due and owing the Plaintiffs and is recoverable under the terms of the Note and
`
`Mortgage.
`
`24,
`
`Plaintiff is owed the principal sum of $150,884.08 that is due with interest and late
`
`fees on the Note, as well as all costs and expenses of collection including costs ascertaining the
`
`necessary parties to this action and reasonable attorney'sfees.
`
`25.
`
`Pursuant to the terms and conditions of the Note and Mortgage, Defendants, agreed
`
`that they shall be liable for and responsible to the Plaintiff for any and all attorney's fees and costs
`
`incurred by the Plaintiffin the bringing of any action to collect any of the monies due and owingthe
`
`GHIDOTTI | BERGER LLP
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`Plaintiff herein.
`
`WHEREFORE,Plaintiff demands judgment against the Defendants, for damages in the
`
`amount of $150,884.08 in principal,
`
`together with interest,
`
`late fees, costs and disbursements,
`
`reasonableattorney's fees, and such further relief as this Court may deem just, equitable and proper.
`
`May
`22nd
`Dated this 22nd day of_May__2023.
`
`Respectfully submitted:
`
`GHIDOTTI| BERGER LLP
`Attorneys for Plaintiff
`1031 North Miami Beach Boulevard
`North Miami Beach, FL 33162
`Telephone: (305) 501-2808
`Facsimile: (954) 780-5578
`
`By:
`
`/s/
`
`Chase A. Berger, Esq.
`Florida Bar No. 83794
`Tara L. Rosenfeld, Esq.
`Florida Bar No. 59454
`Jason L. Duggar, Esq.
`Florida Bar No. 83813
`Wendy Tabb, Esq.
`Florida Bar No 175242
`fcpleadings@ghidottiberger.com
`
`GHIDOTTI | BERGER LLP
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`FLA. R. CIV. P. 1.115(e) VERIFICATION
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`Underpenalty of perjury, I declare that I have read the foregoing, and the facts alleged therein
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`are true and correct to the best of my knowledge andbelief.
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`ALLIED FIRST BANK, SB, DBA SERVBANK
`|
`
`By:
`
`Printed Name: CINDY COWDEN
`
`Title. VICE PRESIDENT
`Date: MAY [¥
`2023
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`GHIDOTTI | BERGER LLP
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`Exhibit “A”
`Exhibit “A”
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`

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`Note
`Florida
`
`THE STATE DOCUMENTARY TAX DUE ON THIS NOTE HAS BEEN PAID ON THE MORTGAGE SECURING THIS
`INDEBTEDNESS.
`
`MAY 16, 2014
`[Date]
`
`1. PARTIES
`
`2070 GRANT AVE, OPA LOCKA, FL 33054
`
`[Property Address]
`
`“Borrower” meanseach person signing at the end of this Note, and the person's successors and assigns. "Lender" means
`CIS FINANCIAL SERVICES,
`INC., DBA CIS HOME LOANS
`
`and its successors andassigns.
`2. BORROWER'S PROMISE TO PAY; INTEREST
`In return for a loan received from Lender, Borrower promises to pay the principal sum of ONE HUNDRED AND
`SEVENTY-SIX THOUSAND, EIGHT HUNDRED AND ONE
`Dollars (U.S. $176,801.00
`), plus interest, to the order of Lender. Interest will be charged on unpaid
`principal, from the date of disbursement of the loan proceeds by Lender, at the rate of FOUR AND THREE QUARTERS
`
`4.750%) per year until the full amount ofprincipal has been paid.
`percent(
`3. PROMISE TO PAY SECURED
`Borrower's promise to pay is secured by a mortgage, deedoftrust or similar security instrument that is dated the same date
`as this Note and called the "Security Instrument.” The Security Instrument protects the Lender from losses which mightresult if
`Borrower defaults under this Note.
`
`4, MANNER OF PAYMENT
`(A) Time
`Borrower shall make a payment ofprincipal and interest to Lender on the first day of each month beginning on
`JULY 1, 2014
`. Any principal and interest remaining on the first day of JUNE 2044
`. will be due on that
`date, which is called the "Maturity Date."
`(B) Place
`Paymentshall be made at 851 NORTH MILITARY STREET, HAMILTON, AL 35570
`or at such place as Lender may designate in writing
`
`by notice to Borrower.
`(C) Amount
`. This amount
`Each monthly payment ofprincipal and interest will be in the amount of U.S. $ 922.28
`will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and
`
`other itemsin the order described in the Security Instrument.
`NMLS# 93740
`~
`~~
`26310
`FHA Fixed Rate Note-FL
`VMP pa
`Wolters Kluwer Financial Services
`
`Amended 10/98
`VMPIRIFL) (1302)
`Page 1 of 3
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`

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`(D) Allonge to this Note for payment adjustments
`If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of
`the allonge shall be incorporated into and shall amend and supplement the covenants ofthis Note as if the allonge were a part of
`this Note. [Check applicable box]
`[| Graduated Payment Allonge |_| Growing Equity Allonge __| Other [specify]
`
`5. BORROWER'S RIGHT TO PREPAY
`Borrowerhas the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on thefirst
`day of any month. Lender shall accept prepayment on other days provided that Borrower paysinterest on the amountprepaid for
`the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a
`partial prepayment, there will be no changes in the due date or in the amountof the monthly payment unless Lender agreesin
`writing to those changes.
`6. BORROWER'S FAILURE TO PAY
`(A) Late Charge for Overdue Payments
`If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph
`4(C) of this Note, by the end offifteen calendar days after the paymentis due, Lender may collect a late charge in the amount
`of FOUR
`
`percent(
`
`4.000%) of the overdue amount of each payment.
`
`(B) Default
`If Borrowerdefaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations
`of the Secretary in the case of paymentdefaults, require immediate paymentin full of the principal balance remaining due and
`all accrued interest. Lender may choose notto exercise this option without waiving its rights in the event of any subsequent
`default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate paymentin
`full in the case of paymentdefaults. This Note does not authorize acceleration when not permitted by HUDregulations. As used
`in this Note, "Secretary" means the Secretary of Housing and Urban Developmentorhis or her designee.
`(C) Payment of Costs and Expenses
`If Lender has required immediate paymentin full, as described above, Lender may require Borrowerto pay costs and
`expenses including reasonable and customary attorneys’ fees for enforcing this Note to the extent not prohibited by applicable
`law. Such fees and costs shall bear interest from the date of disbursementat the samerate as the principal of this Note.
`7. WAIVERS
`
`Borrowerand any other person who has obligations under this Note waivethe rights of presentment and notice of
`dishonor. "Presentment" meansthe right to require Lender to demand payment of amounts due. "Notice of dishonor" meansthe
`right to require Lenderto give notice to other persons that amounts due have not been paid.
`8. GIVING OF NOTICES
`Unless applicable law requires a different method, any notice that must be given to Borrower underthis Note will be given
`by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different addressif
`Borrowerhas given Lender a notice of Borrower's different address.
`
`Any notice that must be given to Lender under this Note will be given by first class mail to Lenderat the address stated in
`Paragraph 4(B)or at a different address if Borrower is given a notice ofthat different address.
`9. OBLIGATIONS OF PERSONS UNDERTHIS NOTE
`If more than one person signs this Note, each personis fully and personally obligated to keep all 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. Lender may enforceits rights under this
`NMLS# 93740
`26310
`a
`FHA Fixed Rate Note-FL
`Wolters Kluw er Financial Services
`
`Amended 10/98
`VMPIR{FL) (1302)
`Page 2 of 3
`
`

`

`Note against each person individually or againstall signatories together. Any one personsigning this Note may be required to
`pay all of the amounts owed underthis Note.
`
`BY SIGNING BELOW.Borrower accepts and agrees to the terms and covenants contained in this Note.
`
`Loew(atarncve
`
`ROLAND HENDERSON
`
`(Seal)
`
`-Borrower
`
`GLENDA VOLNEY
`
`(Seal}
`-Borrower
`
`—— _
`
`:
`
`(Seal)
`-Borrower
`
`—_
`
`se
`
`(Seal)
`____
`-Borrower
`
`[Sign Original Only]
`
`| Referto the attached Signature Addendumfor additional parties and signatures.
`
`Loan origination organization CIS FINANCIAL SERVICES,
`NMLS ID 93140
`Loan originator LAURA LACEY
`NMLS ID 1092047
`
`INC., DBA CIS HOME LOANS
`
`Pay to the order of_____—-
`Without recourse —
`4
`
`CIS Financial Services, Inc,
`/\
`:
`08
`
`
`
`~
`
`
`26310
`
`>
`Amended 10/98
`VMFA REPL) (1302)
`Page 3 of 3
`
` NMLS# 93740 a :
`
`
`FHA Fixed Rate Note-FL
`VMP a
`Wolters Kiuw ar Financial Services
`
`
`
`

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`Florida
`
`_ Note.
`
`-
`
`<<
`———
`
`THE STATE DOCUMENTARY TAX DUE ON THiS NOTE HAS BEEN PAID ON THE MORTGAGE SECURING THIS
`INDEBTEDNESS.
`
`MAY 16, 2014
`{Date}
`
`1, PARTIES
`
`2070 GRANT AVE, OPA LOCKA, FL 33054
`
`[Property Address]
`
`“Borrower” means cach personsigning at the end ofthis Note. and the person's successors and assigns. “Lender” means
`CIS FINANCIAL SERVICES,
`INC., DBA CIS HOME LOANS
`
`arid {1s successors und ussigns.
`2. BORROWER'S PROMISE TO PAY; INTEREST
`In return tor a loan received from Lender. Borrower promises to pay the principal sum of ONE HUNDRED AND
`SEVENTY-SIX THOUSAND, EIGHT HUNDRED AND ONE
`Dollars (U.S. $176, 801.00
`), plus interest. to the order of Lender. Interest will be charged on unpaid
`trom the date ofdisbursement of the loun proceeds by Lender. at the rate of FOUR AND THREE QUARTERS
`
`principal.
`
`4.750%o) per yeur until the full amount ofprincipal has been paid.
`percent {
`3. PROMISE TO PAY SECURED
`Borrower's promise to pay is secured by a mortgage. deed oftrust or similar security instrument that is dated the same date
`as this Note and called the “Security Instrument." The Security Instrument protects the Lender from losses which might result if
`Borrower defaults under this Note.
`4. MANNER OF PAYMENT
`{A) Time
`Borrower shall make a payment of principal andinterest to Lender onthefirst day of each month beginning on
`JULY 1, 2014
`. Any principal and interest remaining on the first day of JUNE 2044
`. Will be due on that
`date. which is called the “Maturity Date."
`(B) Place
`Payment shal! be made at 8517 NORTH MILITARY STREET, HAMILTON, AL 35570
`or at such place as Lender maydesignate in writing
`
`by notice to Borrower.
`(C)} Amount
`. This amount
`Lach monthly payment ofprincipal and interest wiJl be in the amount af U.S. $ 922.28
`will be part ofa larger monthly pay ment required by the Security Instrument. that shall be applied to principal. interest and
`
`other ftems in the order described in the Security Instrument.
`
`Fun F xea Rate Note Fy
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`NOTES Kiawor 7 ra)
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`VMPIREL, 1302;
`Page +03
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`(D) Allonge ¢o this Note for payment adjustments
`If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of
`the ullonge shall be incorporated inte and shal! amend and supplement the covenants of this Note as if the allonge were a part of
`this Note. [Check applicable box |
`
`
`
`(J Graduated Payment Allonge
`
`Growing Equity Allonge CI Other [specify ]
`
`5, BORROWER'S RIGHT 10 PREPAY
`in whole or in part. without charge or penalty. on the first
`Borrower has the right to pay the debt evidenced by this Note.
`day of any month, [ender shall accept prepay ment on other days provided that Borrowerpays interest on the amount prepaid for
`the remainderof the month to thy extent required by Lender and permitted by regulations ofthe Secretary. [f Borrower makes a
`partial prepayment. there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in
`writing to those changes.
`6. BORROWER'S FAILURE TO PAY
`(A) Late Charge for Overdue Payments
`If] ender has not received the full monthly payment required by the Security Instrument. as described in Paragraph
`4(C) of this Note. by the end offifteen calendar days atter the payment is due. Lender maycollect a late charge in the amount
`of FOUR
`
`percent (
`
`4.0000) of the overdue amount of cach payment.
`
`(B) Defauit
`If Borrower defaults by failing to pay in full any monthly payment. then Lender may. except as limited by regulations
`of the Seeretary in the case of payment defaults, require immediate payment in full ofthe principal balance remaining due and
`ai accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent
`detault,
`In many circumstances regulations issued by the Secretary will limit | ender's rights to require immediate payment in
`full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUDregulations. As used
`in this Note, "Seeretary" means the Secretary of Housing and Urban Development orhis or her designee.
`(C) Payment of Costs and Expenses
`It Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and
`expenses including reasonable and customary attorneys’ fees for enforcing this Note to the extent not prohibited by applicable
`law. Such tees and costs shall bear interest from the date of disbursementat the samerate as the principal of this Note.
`7, WAIVERS
`Borrower and any other person whahas obligations under this Note waive the rights of presentment and notice of
`dishonor, “Presenument" means the right to require Lender to demand payment of amounts due. “Notice of dishonor” meansthe
`right to require Lender to give notice to other persons that amounts due have not been paid.
`8. GIVING OF NOTICES
`
`Unless applicable law requires a different method. any notice that must be given to Borrower under this Note will be given
`by delivering itor by mailing it by first class mail to Borrowerat the property address above orat a different addressif
`Borrower has given Lender a notice of Borrower's different address.
`
`Ans notice that must be given to Lender under this Note will be given byfirst class mail to I enderat the address stated in
`Paragraph 4(B) orat a different address if Borrower is given a notice of that different address.
`9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
`If more than one person signs this Note. each personis fully and personally obligated to keep all of the promises made in
`this Note. including the promise to pay the full amount owed, Ans person whois a guarantor. surety or endorser ofthis Note is
`also obligated to do these things. Any person who takes over these obligations. including the obligations of a guarantor. surety
`orendorser of this Note.
`is also obligated to keepall of the promises made in this Note. Lender may enforce itsrights underthis
`
`NMI SH O3*d0
`28370
`ura
`Fra Fixed Rate Note FL
`Amended 10/98
`®
`VMPIRFL) (1302.
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`Wo ters K'uwer Fnancia Serv ces
`We 2 of 3
`
`

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`Note against euch person individually or against all signaturies together. Any one person signing this Note ma} be required to
`pas ull of the amounts owed under this Note.
`
`BY SIGNING BELOW, Borrower aevepts und agrees to the terms and cos gnants contained in this Note
`
` (Seal) cL. JA!
`
` ROLAND HENDERSON -Borrower
`
`GLENDA VOLNEY
`
`(Seal)
`-Borrower
`
`a _
`
`tt Seall
`-Borrower
`
`__theal)
`-Borrow er
`
`[Sign Origine! Oni}
`
`|
`
`Refer to the auached Signature dadenein Yor additional parties and signatures.
`
`
`
`Loan origination organization CIS FINANCIAL SERVICES,
`SMLS ID 93140
`|.oun originator LAURA LACEY
`SMLS ID 1092047
`
`DBA CIS HOME LOANS
`
`Pay to the Orderof
`out recourse =~
`i Financial Services, Inc,
`
`BATS
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`wt
`FHA F.xed Rate yore Fi.
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`jjunenges 19138
`Sagea of 4
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`

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`
`
`
`
`
`
`
`
`
`Exhibit “B”
`Exhibit “B”
`
`

`

`
`
`CFN: 20140444047 BOOK 29201 PAGE 4206
`DATE:06/23/2014 08:34:39 AM
`MTG DOC 619.15
`INTANGIBLE 353.60
`HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY
`
`S
`
`a
`
`turn To:
`Tr
`
`R
`
`Chicago Title
`2004 Ventura Drive, Ste 200
`Plano, Texas 75093
`
`This document was prepared by:
`ASHLEY KENNEDY
`8571 NORTH MILITARY STREET,
`HAMILTON, AL 35570
`
`BRS49353, [Space Above This Line For Recording DataJ—————
`StateofFlorida
`MORTGAGE
`|
`
`MIN 100219100000156276
`THIS MORTGAGE("Security Instrument") is given on MAY 16, 2014
`The Mortgagor is ROLAND HENDERSON AND GLENDA VOLNEY, HUSBAND AND WIFE
`
`» whose addressis
`
`2070 GRANT AVE, OPA LOCKA, FL 33054
`("Borrower"). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. ("MERS"),
`(solely as nominee for Lender, as hereinafter defined, and Lender's successors and assigns), as mortgagee. MERS is
`organized and existing under the laws of Delawar , and has an address and telephone number of P.O. Box 2026,
`Flint, MI 48501-2026,tel. (888) 679-MERS. CIS FINANCIAL SERVICES,
`INC., DBA CIS HOME LOANS
`("Lender") is organized and existing under the laws of ALABAMA
`» and
`has an address of 851 NORTH MILITARY STREET, HAMILTON, AL 35570
`. Borrower owes Lenderthe principal sum of ©
`ONE HUNDRED AND SEVENTY-SIX THOUSAND, EIGHT HUNDRED AND ONE
`).
`Dollars (U.S. $176,801.00
`This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provid
`.
`for monthly payments, with the full debt, if not paid earlier, due and payable on JUNE 1, 2044
`This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and
`all renewals, extensions and modifications of the Note; (b) the paymentofall other sums, with interest, advanced
`under paragraph 7 to protect the security of this Security Instrument; and (c) 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
`assi
`NMLS# 93740
`26310
`FHA Florida Mortgage with MERS - 4/96,
`:
`a+) (1302)
`Amen
`Page 1 of S
`Inithals;
`VMPMortgage Solutions, Inc.
`
`

`

`successors and assigns of MERS,the following described property located in MIAMI-DADE
`
`SEE ATTACHED LEGAL DESCRIPTION AS EXHIBIT "A" AND MADE A PART HEREOF
`
`County. Florida:
`
`Parcel ID Number:
`[Street]
`which has the address of 2070 GRANT AVE
`(Zip Code] ("Property Address"):
`[City], Florida 33054
`OPA LOCKA
`TOGETHER WITHall the improvements now or hereafter erected on the property. and all casements,
`appurtenances and fixtures now or hereafter a part of the property. All replacements and additions shall also be
`covered bythis Security Instrument. All of the foregoingis referred to in this Security Instrumentas the "Property."
`Borrower understands and agrees that MERS holds only legal
`title to the interests granted by Borrower in 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 any orall of those interests. including. but not limited to. the right
`to foreclose and sell the Property: and to take any action required of Lenderincluding, but not limited to. releasing or
`canceling this Security Instrument.
`BORROWER COVENANTSthat Borroweris lawfully seized of the estate hereby conveyed and has the right to
`mortgage. grant and convey the Property and that the Property is unencumbered. except for encumbrances of record.
`Borrower warrants and will defend generally the title to the Property against all claims and demands. subject to any
`encumbrancesofrecord.
`THIS SECURITY INSTRUMENTcombines uniform covenants for national use and non-uniform covenants
`with limited variations by jurisdiction to constitute a uniform security instrument covering real property.
`Borrower and Lender covenant and agree as follows:
`UNIFORM COVENANTS.
`1. Payment of Principal, 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 under the Note.
`2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall
`include in each monthly
`payment, together with the principal andinterest as set forth in the Note and any late charges, a sum 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 paragraph 4. In any year in which the Lender must pay a
`mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in
`which such premium would have been required if Lenderstill held the Security Instrument, each monthly payment
`shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lenderto the Secretary,
`or (ii) @ monthly charge instead of a mortgage insurance premium if this Security Instrumentis held by the Secretary,
`in @ reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary.
`these
`items are called “Escrow Items" and the sums paid to Lender are called "Escrow Funds."
`
`©
`E+ NFL) 11302)
`
`Pago 2 of 9
`
`

`

`Lender may. at any time. collect and hold amounts for Escrow Items in an aggregate amount not to exceed the
`maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures
`Act of 1974, 12 U.S.C. Section 2601 ef seq, and implementing regulations. 12 C.F.R. Part 1024. as they may be
`amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated
`disbursements or disbursements before the Borrower's payments are 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 amounts 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 Items when due. Lender may notify the Borrower and require Borrower 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
`Borrower tenders to Lender the full payment of all such sums, Borrower's accountshall be credited with the balance
`remaining for all installment items(a), (6). and (c) and any mortgage insurance premium installment that Lender has
`not become obligated to pay to the Secretary, and Lender shal] 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
`credited with any balance remaining fora