Filing # 194618034 E-Filed 03/22/2024 12:28:39 PM
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`HSBC BANK USA, NATIONAL ASSOCIATION
`AS TRUSTEE FOR RENAISSANCE HOME
`EQUITY LOAN ASSET-BACKED
`CERTIFICATES, SERIES 2007-3
`
`
`Plaintiff
`
`vs.
`MARIA LANDESTOY; GUILLERMO B.
`LANDESTOY; MARIA L. OLIVEROS; CORAL
`GATE HOMEOWNERS ASSOCIATION INC.;
`ANY AND ALL UNKNOWN PARTIES CLAIMING
`BY, THROUGH, UNDER AND AGAINST THE
`NAMED INDIVIDUAL DEFENDANT(S) WHO
`ARE NOT KNOWN TO BE DEAD OR ALIVE,
`WHETHER UNKNOWN PARTIES MAY CLAIM
`AN INTEREST AS SPOUSES, HEIRS, DEVISEES,
`GRANTEES, OR OTHER CLAIMANTS;
`Defendants.
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`
`
`IN THE CIRCUIT COURT OF THE
`ELEVENTH JUDICIAL CIRCUIT, IN AND
`FOR MIAMI-DADE COUNTY, FLORIDA
`CASE NO.:
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`
`
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`VERIFIED COMPLAINT FOR FORECLOSURE OF MORTGAGE
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`Plaintiff, HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR
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`RENAISSANCE HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-3, sues
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`the Defendants MARIA LANDESTOY; GUILLERMO B. LANDESTOY; MARIA L. OLIVEROS;
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`CORAL GATE HOMEOWNERS ASSOCIATION INC.; ANY AND ALL UNKNOWN PARTIES
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`CLAIMING BY, THROUGH, UNDER AND AGAINST THE NAMED INDIVIDUAL
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`DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER UNKNOWN
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`PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR
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`OTHER CLAIMANTS; and alleges:
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`MORTGAGE FORECLOSURE
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`1.
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`This is an action to foreclose a mortgage on real property in MIAMI-DADE County,
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`Florida.
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`2.
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`The Court has jurisdiction over the subject matter.
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`3.
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`On or about May 29, 2007, Defendants, MARIA LANDESTOY, GUILLERMO B.
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`LANDESTOY and MARIA L. OLIVEROS executed and delivered a promissory note. A copy of the
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`note is attached hereto as Exhibit “A”.
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`4.
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`On or about May 29, 2007, Defendants, MARIA LANDESTOY, GUILLERMO B.
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`LANDESTOY and MARIA L. OLIVEROS executed and delivered a mortgage securing payment of the
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`note to FIDELITY MORTGAGE A DIVISION OF DELTA FUNDING CORPORATION. The
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`mortgage was recorded on June 15, 2007, in Official Records Book 25704, at Page 1104, of the Public
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`Records of MIAMI-DADE County, Florida, and encumbered the property described in the mortgage then
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`owned by and in possession of the mortgagor, a copy of the mortgage being attached hereto as Exhibit
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`“B”.
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`5.
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`The Mortgage and the Note were modified pursuant to an unrecorded Loan Modification
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`Agreement dated December 8, 2010. A copy of the Loan Modification Agreement is attached hereto as
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`Exhibit “C”. Subsequently, payments were deferred pursuant to Notification of Payment Deferral. Copies
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`of the Notifications are attached hereto as Exhibit “D”.
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`6.
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`The mortgage of the Plaintiff is a lien superior in dignity to any prior or subsequent right,
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`title, claim, lien or interest arising out of mortgagor(s) or the mortgagor(s)' predecessor(s) in interest.
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`7.
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`Plaintiff is the holder of the original note secured by the mortgage and is entitled to
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`foreclose pursuant to Florida Statute 673.3011(1).
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`8.
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`PHH Mortgage Corporation (“PHH”) is the loan servicer for this particular loan. Plaintiff
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`has delegated PHH Mortgage Corporation the authority to service the loan on its behalf pursuant to a
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`(Limited) Power of Attorney, attached hereto as Exhibit “E”.
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`9.
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`Defendant(s) have defaulted under the note, mortgage and any alleged modifications
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`thereof, hereinafter referred to as “the Loan Documents”, by failing to pay the payment due as of July 1,
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`2023, and all subsequent payments.
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`10.
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`Plaintiff declares the full amount payable under the Loan Documents to be due.
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`11.
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`Defendant(s) owe Plaintiff $312,402.44, which includes a deferred principal balance in
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`the amount of $28,781.24, that is due and owing on principal on the Loan Documents, plus interest from
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`and after June 1, 2023, and title search expenses for ascertaining necessary parties to this action, pursuant
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`to the documents attached, except for those defendants who have been discharged in bankruptcy.
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`12.
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`In order to protect its security, the Plaintiff may have advanced and paid Ad Valorem
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`Taxes, premiums on insurance required by the mortgage and other necessary costs, or may be required to
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`make such advances during the pendency of this action. Any such sum so paid will be due and owing to
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`the Plaintiff.
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`13.
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`The property is now owned by Defendants, MARIA LANDESTOY, GUILLERMO B.
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`LANDESTOY and MARIA L. OLIVEROS, and the record legal title to said mortgaged property is now
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`vested in Defendants, MARIA LANDESTOY, GUILLERMO B. LANDESTOY and MARIA L.
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`OLIVEROS.
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`14.
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`All conditions precedent to the acceleration of this mortgage note and to foreclosure of
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`the mortgage have occurred.
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`15.
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`Plaintiff is obligated to pay Plaintiff’s attorneys a reasonable fee for their services.
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`Plaintiff is entitled to recover its attorneys’ fees pursuant to the express terms of the note and mortgage.
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`16.
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`Plaintiff alleges that the claims of the remaining Defendants are secondary, junior,
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`inferior and subject to the prior claim of Plaintiff.
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`17.
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`Defendant, CORAL GATE HOMEOWNERS ASSOCIATION INC., may claim an
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`interest in the subject property by virtue of unpaid assessments, dues or any other possible interests. Said
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`interest, if any, is subject and inferior to the lien of Plaintiff's Mortgage.
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`18.
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`Defendant, ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH,
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`UNDER AND AGAINST THE NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN
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`TO BE DEAD OR ALIVE, WHETHER UNKNOWN PARTIES MAY CLAIM AN INTEREST AS
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`SPOUSES, HEIRS, DEVISEES, GRANTEES, OR OTHER CLAIMANTS are joined as defendants
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`herein. The claims of said defendants are subordinate, junior, and inferior to the interest of the Plaintiff.
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`WHEREFORE, Plaintiff demands judgment foreclosing the mortgage, for costs (and, when
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`applicable, for attorneys’ fees), and, if the proceeds of the sale are insufficient to pay plaintiff’s claim, a
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`deficiency judgment, that the Court ascertain the amount due to Plaintiff for principal and interest on the
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`Mortgage and Note and for late charges, abstracting, taxes, expenses and costs, including attorney's fees,
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`plus interest thereon; that if the sums due Plaintiff under the Mortgage and Note are not paid immediately,
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`the Court foreclose the Mortgage and the Clerk of the Court sell the Property securing the indebtedness to
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`satisfy the Plaintiff's mortgage lien in accordance with the provisions of Florida Statutes §45.031; that the
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`rights, title and interest of any Defendant, or any party claiming by, through, under or against any
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`Defendant named herein or hereinafter made a Defendant be forever barred and foreclosed; that the Court
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`appoint a receiver of the Property and of the rents, issues, income and profits thereof, or in the alternative,
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`order sequestration of rents, issues, income and profits pursuant to Florida Statutes §697.07 (2006); and
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`that the Court retain jurisdiction of this action to make any and all further orders and judgments as may be
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`necessary and proper, including the issuance of a writ of possession and the entry of a deficiency
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`judgment decree, when and if such deficiency decree shall appear proper, if borrower(s) has not been
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`discharged in bankruptcy.
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`VERIFICATION
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`Under penalty 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 and belief.
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`Executed on this _____ day of _________________________, 2024.
`19th March
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`By:
`Printed Name:
`Title:
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`Company:
`
`/s./Kerry Born
`Kerry Born
`Contract Management Coordinator
`PHH MORTGAGE CORPORATION, as Attorney in
`Fact for HSBC BANK USA, NATIONAL
`ASSOCIATION AS TRUSTEE FOR
`RENAISSANCE HOME EQUITY LOAN ASSET-
`BACKED CERTIFICATES, SERIES 2007-3
`
`RE:
`
`Borrower:
`
`Address:
`File #:
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`MARIA LANDESTOY; GUILLERMO B. LANDESTOY; MARIA L.
`OLIVEROS
`3281 SW 17TH ST, MIAMI FL 33145
`PHH19260-23
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`Pursuant to the Fair Debt Collection Practices Act you are hereby advised that a portion of our
`practice involves the collections of debts and any information obtained may be used for that
`purpose
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`DATED this ___ day of __________________, 2024
` 22nd March
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`VAN NESS LAW FIRM, PLC
`1239 E. Newport Center Drive, Suite 110
`Deerfield Beach, Florida 33442
`Ph: (954) 571-2031
`PRIMARY EMAIL: pleadings@vanlawfl.com
`
`By:
`
`/s/ Patrick M. Connell, Esq.
`
`(cid:134) Maya Rubinov, Esq.
`Bar Number: 99986
`(cid:134) Patrick M. Connell, Esq.
`X
`Bar Number: 36898
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`4
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`EXHIBIT "A"
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`:
`.
`Loan Numb:
`FIXED RATE STEPPED PAYMENT NOTE
`THIS NOTE CONTAINS PROVISION 3 WHICH WILL IN REAS E MY MONTHLY PAYMENT.
`
`May 29, 2007
`[Date]
`
`:
`
`FL
`Miami
`[City] — [State]
`3281 Sw 17th St, Miami, FL 33145
`[Property Address]
`
`:
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`1.
`
`BORROWER'S PROMISE TO PAY
`In return for a loan that I have received, I promise to pay U.S. $ 348,600.00 (this amountis called "Principal”), plus interest,
`to the order of the Lender, The Lender is Fidelity Mortgage a division of Delta Funding Corporation T will make all payments
`underthis Note in the form ofcash, check or moncy order.
`I understand that the Lendermay transfer this Note. The Lender or anyone whotakes this Note by transfer and whois entitled
`to reecive payments under this Note is called the "Note Holder.”
`INTEREST
`2
`1 will pay interest at a yearly
`Interest will be charged on unpaid principaluntil the filaamount of Principal bas been paid.
`rate of 11.740%,
`The interest rate required by this Section 2 is the rate I will pay bothbefore andafter any default described in Section 6(B)
`~ of this Note.
`3.
`PAYMENTS
`(A)
`Time and Place of Payments
`T will pay principal and interest by making a payment every month.
`J will make these
`Ist, 2007.
`T will make my monthly payment on the ist day of cach month beginning on August
`payments every month until £ have paid all of the principal and interest and any other charges described belowthat 1 may owe under
`this Note, Each monthly payment will be applied as ofits scheduled duc date, and if the payment includes both principal and interest
`it will be applied to interest before Principal,
`If, on July Ist, 2037, T still owe amounts under this Note, J will pay those amounts in
`full on that date, which is called the "Maturity Date.”
`| will make my monthly payments at 10150 Matlard Creek Road Suite 400 Charlotte, NC 28262 or at a different place if
`required by the Note Holder.
`(B). Amount of Monthly Payments
`My monthly payment will be in the amount of U.S, $3,442.63 for the first 120 months of this Note, and thereafter will be in
`the amount of U.S. $3,696.48. The Note Holder will notify me prior to the date of a change in the amount of my monthly payment,
`4,
`BORROWER'S RIGHT TO PREPAY
`L have the right to make payments ofPrincipal at any time before they are duc. A paymentof Principal only is known as a
`"Prepayment." When I make a Prepayment, I wil! tell the Note Holder in writing that I am doing so.
`T may not designate a payment
`as 9 Prepaymentif] have not madeall the monthly payments due underthe Note.
`i may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my
`Prepayments to reduce the amount of Principal that I owe.under this Note, However, the Note Holder may apply my Prepayment to
`the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the
`Note. [fT make a partial Prepayment, there will be no changes in the due date of my monthly payment unless the Nate Holder agrees
`in writing to those changes. However, if any partial Prepayment is made prior to the time of the payment change in Section 3(B)
`above, at the time of the payment change, the Note Holder will determine the amount of the monthly payment that would be
`sufficient to repay the unpaid principal in full on the Maturity Date ot the interest rate set forth in Section 2 in substantially equal
`paymonts, A partial Prepayment madeprior to the time of the payment change in Section 3(B) above will result in 9 decrease in the
`amount of my monthly payments dueafter the time of the payment change in Section 3(B) above,
`If-the partial Prepayment is made
`after the time of the payment change in Section 3{B) above, the amount of my monthly payment will not decrease; however, the
`principal and interest required under this Note will be paid prior to the Maturity Date.
`5.
`LOAN CHARGES
`Ifa Inw, which applies to this loan and which sets maximum loan charges, is finally interpreted so ia the interest or other
`foan charges collected or to be collected in connection with this loan exceed the permitted limits, then:
`(a) any such loan charge shall
`be redueed by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which
`exceeded permittcd limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal T 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,
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`6.
`BORROWER'S FAILURE TO PAY AS REQUIRED
`(A) Late Charge for Overdue Payments
`-
`If the Note Holder has not received the full amount ofany monthly payment by the end offifteen calendar days afterthe date it is
`duc, I will pay a late charge to the Note Holder. The amount of the charge will be 5% of my overdue payment ofinterest and/or
`principal and interest.
`I will pay this late charge promptly but only once on cach late payment.
`(B) Default
`Hf [ do not pay the full amount of each monthly payment on the date it is due, J will be in default.
`(C) Notice of Default
`If | am in default, the Note Holder may send me a written notiec telling me that if I do not pay the overdue amount by a
`certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the
`interest that | owe on that amount. That date must be at Jeast 30 days after the date on which the notice is mailed to me or delivered
`by other means.
`(D) No Walver By Note Holder
`Evenif, at a time when J am in default, the Note Holder does not require me to pay immediately in full as Meseribedl above,
`the Note Holderwill still have the right to do so if] am in default at a later time.
`(E)
`Payment ofNote tlolder'’s Costs and Expenses
`If the Note Holder has required me to pay immediately in full as deseribed above, the Note Holder will have the right to be
`paid back by me for alt of its costs and expenses in enforcing this Note fo the extent not prohibited by applicable law. Those
`expenses include, for example, reasonable attorney's fees.
`I
`GIVING OF NOTICES
`Unless applicable Jaw requires a different method, any notice that nwst be given to me. under this Note will be given by
`dclivering it or by mailing it by first class mail to me at the Property Address aboveorat a different address if] give the Note Holder
`a notice of my different address.
`Any notice that must be given to the Note Holder under this Note will be piven 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 nt a different address if 1 am given a notice of that different
`nddress,
`8,
`
`OBLIGATIONS OF PERSONS UNDER THIS NOTE
`If more than one person signs this Note, cach personis fully and personally obligated to keepall of the promiscs made in this
`Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also
`obligated to do these things.
`Any person whotakes aver these obligations, including the obligations of a guarantor, surety or endorser ofthis Note, is also
`obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against cach person
`individually or against all of us together. This mcans that any one of us may be required to pay all of the amounts owed under this
`Note,
`5.
`WAIVERS
`I and any other person who has obligations under this Note waive the rights of Prescntment and Notice of Dishonor.
`"Presentment" means the right to cequire the Note Holder to demand payment ofamounts duc. "Notice of Dishonor" means the right
`to require the Note Holderto give notice to other persons that amounts due have not been paid.
`0.
`UNIFORM SECURED NOTE
`This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the
`Note Holder under this Note, a Mortgage, Deed of Trust, or Sccurity Deed (the "Security Instrument"), dated the same date as this
`Note,protects the Note Holder from possible losses which might result if { do not keep the promises which | make in this Note. That
`Security Instrument describes how and under what conditions | may be required to make immediate payment in full of all amounts 1
`oweunder this Note. Some of those conditions are described as follows:
`Lender may require immediate paynicnt in full of all Sums Sceured by this Security Instrument if all or any part of the
`Property, orif any right in the Property, is sold or transferred without Lendec's prior written permission, If Borrower is not a natural
`person and i beneficial interest in Borroweris sold or transferred without Lendcr's prior written permission, Lendcr also may require
`immediate paymentin full, However, this option shall not be exerciscd by Lenderifsuch exercise is prohibited by Applicable Law.
`If Lender requires immediate payment
`in full under this Section 18, Lender will give me a notice which states this
`requirement, The notice will give me at least 30 days to make the required payment. The 30-day period will begin on the date the
`notice is given to me in the manner required by Section 15 of this Security Instrument. If | do not make the required payment during
`that period, Lender may act to enforce its rights under this Security Instrument without giving me any further notice or demand for
`payment,
`11. DOCUMENTARYTAX
`Thestate documentary tax due on this Note has bcen paid on the mortgage seeuring this indebtedness,
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`.
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`€21282 Page 2 of3
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`WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
`)
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`~Borrower
` MARIA
`
`Seal
`~Borower
`
` Seal
`&)
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`ARIA OLIVEROS,
`: Lt
`a woke
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`
`Seal
`-Borrower
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`Sea]
`-Borrower
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`{Sign Original Only}
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`C21282 Page 3 of3
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`RIDER TO NOTE
`
`This rider supplements the attached Note ("Note") dated May 29th, 2007. The terms of this rider shall
`supersede any language to the contrary located in the attached Note or any other document executed in
`connection with this transaction.
`
`
`This riderSHALLapply unless: 1) the Security instrument and/or Noteare
`assigned to a government sponsored entity such as Fannie Mae or Freddie Mac (“GSE's”) and the provisions
`are not permitted by the GSE's; OR 2) the provisions are prohibited by applicable law. If any provisions are
`prohibited the prohibited portions shall be removed, but the remaining terms shall be effective.
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`Prepayment penalty: Notwithstanding anything to the contrary in the Note regarding Borrower's Right
`to Prepay, in the event the debt secured by the mortgage/securlty instrument is prepaid, the borrower
`will be subject to a prepaymentpenalty as follows...
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`"The Debt secured by this mortgage may be prepaid, in whole or in part, at any time. However, should
`such prepayment be made within the first year from the date of the loan, there shall be paid to the
`holder of this mortgage a sum equal to 5% of the amountprepaid."
`
`If borrower prepays up to 20% of the unpaid principal balance in any 12 month period the prepayment penalty
`is in effect, there shall be no prepayment penalty. However, if the borrower prepays any amount more than 20%
`in any 12 month period the prepayment penalty is in effect, the penalty is calculated on the entire amount
`prepaid.
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`DATE . GUILLERMO ahDEST
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`/4 iG }o7
`
`i
`
`A,
`MARIAOLIVEROS ,
`t- M iu
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`C21227
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`ALLONGE
`
`RE: Maria Landestoy
`Guillermo B Landestoy
`Maria L. Oliveros
`
`3281 Sw 17th St, Miami, FL’33145
`
`PROPERTY ADDRESS:
`ADDRESS #2:
`ADDRESS #3:
`
`PAY TO THE ORDER OF:
`
`DELTA FUNDING CORPORATION
`
`WITHOUT RECOURSE
`
`Fidelity Mortgage
`A division of Delta Funding Corporation
`
`mW
`
`Darryl W. King
`AUTHORIZED SIGNATORY
`
`P21008
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`

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`ALLONGE
`
`RE: Maria Landestoy
`Guillermo B Landestoy
`Maria L. Oliveros
`
`3281 Sw 17th St, Miami, FL 33145
`
`PROPERTY ADDRESS:
`ADDRESS#2:
`ADDRESS #3:
`
`PAY TO THE ORDEROF:
`
`WITHOUT RECOURSE
`
`DELTA FUNDING CORPORATION
`
`Carol Hollmann, Vice President
`
` P21008
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`

`

`CPH 2OOYFROSSSSa4
`OR Bk 25704 Pas 1104 - 11207 (17egs)
`RECORDER O6/45/2007 HELS212
`HTG GOC TAX 2-220.10
`IHTANG TAK 697.20
`HARVEY RUVINe CLERK OF COURT
`HIANI-DAGE COUNTY, FLORIDA
`
`PRAPRRLD BY
`Susrh Smith
`Fidelity Mortgage
`1000 Woodbury Rd. PO Box 9009
`_ Woodbury, NY 11797
`Attention; Documentation Control Dept. 3rd floor.
`
`EXHIBIT "B"
`
`[Space Above This Line For Recording Dataj
`MORTGAGE
`
`LOAN #:a
`LENDER:(Fidelity Mortgage a division of Delta Funding Corporation)
`NOMINEE: MERS, MIN Number?
`DEFINITIONS
`
`Wordsused in multiple sections of this document are defined below and other words are defined
`in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this
`documentare also provided in Section 16.
`
`(A) "Security Instrument" means this document, which is dated May 29th, 2007, together
`with all Riders to this document.
`(B) "Borrower" is MARIA LANDESTOY, GUILLERMO B LANDESTOY, MARIA L.
`OLIVEROS. 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.
`MERS is 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.
`@) "Lender" is Fidelity Mortgage a division of Delta Funding Corporation. Lender is a
`corporation or association organized and existing under the laws of New York. Lender's address
`is 1000 Woodbury Road , Woodbury, New York 11797.
`(E) "Note" means the promissory note signed by Borrower and dated May 29th, 2007. The
`Note states that Borrower owes Lender three hundred forty-eight thousand six hundred Dollars
`(U.S, $348,600.00) plus interest. Borrower has promised to pay this debt in regular Periodic
`Payments and to pay the debt in full not later than July Ist, 2037.
`(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, any prepayment charges and
`late charges due underthe Note, and all sums due underthis Security Instrument, plus interest,
`CH) "Riders" meansall Riders to this Security Instrumentthat are executed by Borrower. The
`following Riders are to be executed by Borrower [check box as applicable]:
`
`C1 Adjustable Rate Rider
`Balloon Rider
`C] 1-4 Family Rider
`
`1 Condominium Rider
`CI Planned Unit Development Rider
`C1 Biweekly PaymentRider
`
`[1 Second Home Rider
`[) Other(s) [specify]
`
`FLORIDA-Single Fareily—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS)
`
` Racoen ara Fiduendo
`
`Form30t0
`
`LOL {page / of16)
`
`Lenders First Choice
`8803 Parkwood Bivd., Ste. 100
`Frisco, TX 75034
`Alin: Recording/Policy Dept.
`
`Book25704/Page1104
`
`CFN#20070599924
`
`Page 1 of 17
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`(1) “Applicable Law" means all controlling applicable federal, state and local statutes,
`regulations, 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" meansall dues, fees, assessments
`and other charges that are imposed on Borroweror the Property by a condominium association,
`homeowners association or similar organization.
`(K) “Electronic Funds Transfer" means any transfer of funds, other than a transaction
`originated by check, 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 eredit 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 clearinghouse transfers.
`(L)} "Escrow Items" means those items that 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) damageto, or destruction of, the Property; (ii) condemnation or
`other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv)
`misrepresentations of, or omissionsas to, the value and/or condition of the Property,
`(N) “Mortgage Insurance” means insurance protecting Lender against the nonpayment of, or
`default on, the Loan.
`(O) "Periodic Payment" means the regularly scheduted amount due for (i) principal and
`interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument.
`(P) "RESPA"™ means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and
`its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended
`from time to time, or any additional or successor legislation or regulation that governs the same
`subject matter. As used in this Security Instrument, "RESPA"refers to all requirements and
`restrictions 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) "Successor in Interest of Borrower" means any party that has takentitle to the Property,
`whether or not that party has assumed Borrower's obligations under the Note and/or this Security
`Instrument.
`
`TRANSFER OF RIGHTS IN THE PROPERTY
`
`This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals,
`extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and
`agreements under this Security Instrument and the Note.
`
`FLORtDA—Single Famiy—Fannie Mae/Freddle Mac UNIFORM INSTRUMENT (MERS}
`.
`
`Form 3010
`
`«1/01
`
`(page 2ofFS)
`
`Book25704/Page1105
`
`CFN#20070599924
`
`Gb
`We MLO
`Page 2 of 17
`
`

`

`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
`
`of
`
`DADE
`
`See Property Description
`
`which currently has the address of _3281 Sw 17th St
`
`Miami
`
`, Florida
`
`33145
`
`{Property Address):
`
`Section: A
`
`Block: 5
`
`Lot: 75
`
`TOGETHER WITHall the improvements now or hereafter erected on the property, and
`all easements, appurtenances, and fixtures now or hereafter a part of the property. All
`replacements and additions shall also be covered by this Security Instrument. All of the
`foregoing is referred to in this Security Instrumentas the "Property." Borrower understands and
`agrees that MERS holds only legaltitle 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 or all 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 and canceling this Security Instrument,
`
`BORROWER COVENANTSthat Borrower is lawfully seised 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 Praperty againstall claims and demands, subject to any encumbrances
`of
`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. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late
`Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by
`the Note and any prepayment charges and late charges due under the Note. Borrower shall also
`pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this
`Security Instrument shal] be made in U.S, currency. However, if any check or other instrument
`received by Lender as payment under the Note or this Security Instrument is returned to Lender
`unpaid, Lender may require 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 an institution whose deposits are insured by a federal
`agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
`
`FLORIDA~Stingte Family—Foonle MuciFreddie Moc UNIFORM ENSTRUMENT (\fERS) Form 3G=WML tpage 3 of16)
`
`.
`
`Book25704/Page1106
`
`CFN#20070599924
`
`Page 3 of 17
`
` iL.
`Yk “LO
`
`

`

`Payments are deemed received by Lender when received at 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 15. Lender may return any paymentor partial payment if the payment or
`partial payments are insufficient to bring the Loan current. Lender may accept any paymentor
`partial payment insufficient to bring the Loan current, without waiver of any rights hereunderor
`prejudice to its rights to refuse such paymentor partial payments in the future, but Lenderis not
`obligated to apply such payments at the time such payments are accepted. If each Periodic
`Paymentis applied as of its scheduled due date, then Lender need not pay interest on unapplied
`funds. Lender may hold such unapplied funds until Borrower makes paymentto bring the Loan
`current. If Borrower does not do so within a reasonable period oftime, Lender shall either apply
`such funds or return them to Borrower. If not 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 now or in 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 Lender shall be applied in the following order of
`priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under
`Section 3. Such payments shall be applied to each Periodic Paymentin the order in which it
`becaine due, Any remaining amounts shall be applied first to late charges, second to any other
`amounts due under this Security Instrument, and then to reduce the principal balance of the Note.
`If Lender receives a payment from Borrowerfor a delinquent Periodic Payment whichincludes a
`sufficient amount to pay any late charge due, the payment may be applied to the delinquent
`payment and the late charge. 1f more than one Periodic Payment is outstanding, Lender may
`apply any payment received from Borrowerto the repayment of the Periodic Payments if, and to
`the extent that, each payment can be paid in full. To the extent that any excess exists after the
`payment is applied to the full payment of one or more Periodic Payments, such excess may be
`applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment
`charges and then as described in the Note.
`Any application 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 Note is 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 Instrument as a lien or encumbrance on the Property;
`(b) leasehold
`payments or ground rents on the Pro