Professional Documents
Culture Documents
CASE NO.
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T}IE BANK OF NEW YORK MELLON FKA THE
BANK OF NEW YORK AS TRUSTEE FOR TI{E
CERTIFICATEHOLDERS CWALT, INC.
ALTERNATWE LOAN TRUST 2OO542CB
MORTGAGE PAS S.THROUGH CERTIFICATES,
SERIES 2OA542CB,
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I.INITED STATES OF AMERI
SUCCESSOR TO AMSOUTH BA
. MARTIN; TFIE
IONS BANK
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HOMEOWNEHI' ASSOCIATION, INC gITNKNOWN
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TENANT NO. tr{JNKNOwN TENANT NO. 2; and 61^O
ALL LTNKNOWN PARTIES CLAIMING INTERESTS
BY, TTIROUGH, UNDER OR AGAINST A NAMED -Zn
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DEFENDANT TO THIS ACTION, OR H,AVING OR tct r\t
CLAIMING TO HAVE A}.IY RIGHT, TITLE OR tt
INTEREST TN T}IE PROPERry }IEREIN
DESCRIBED,
Defendants.
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coMPLAJNT
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The Plaintiff, THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW
ASSOCLATION, INC.; TINKNOWN TENANT NO. l; UNKNOWN TENANT NO. 2; and ALL
GENERAL ALLEGATIONS
l. JURISDICTIOI!: This is an action for equiable relief or, alternatively, for damages,
which claims are within the subject matter jurisdiction of this Court.
2. VENUE: This is an action that involves parties and property located within the venue of
this Court and venue is otherwise proper pursuant to Chapter 47, Florida Statutes.
3. PARTIES: All parties to this action are properly beforc this Court and this Court has
4. CONDITIONS PRECEDENT: All conditions precedent to the filing of this action have
the Fair Debt Collection Practices Act ("FDCPA") l5 U.S.C.A. 1692. If the Defendant(s) request
verification of the debg Plaintiffshall suspend its efforts to collect the debt until Plaintiffmails the
requested information to the Defendant(s) requesting the verification. A copy of the notice is attached
(hereinafter the "proper(y") in Palm Beach County, Florida, more particularly described in the mortgage
Defendant(s), TRISHA L. MARTIN executed and delivered a promissory note (the "note") and
Defendant(s), TRISHA L. MARTIN AND WILLTAM A. MARTIN executed and delivered a purchase
mon€y mortgage (the "mortgage') securing payment of the same to Mortgage ElecFonic Registration
Systems, Inc. as nominee for DHI Mortgage Company, LTD, which mortgage was recorded in Ofticial
Records Book 19029 Page 1348, of the public rccords of Palm Beach County, Florida" and which
mortgaged the property. The property was then owned by and in possession of the mortgagor.
8. OWNER OF.THE NOTE & MORTGAGE: The note was subsequently transfened to
10. DEFAULT & ACCE-L.ERATION: The Plaintiffhas not been paid the payment due
November l, 2008, and all subsequent pa)ments, which has resulted in a default of the note and mortgage.
Plaintiffdeclares the full amount due under the note and mortgage to be accelerated.
t l. AMOLJNT$ DLJE: The Plaintiffis owed $338,374.87 that is due as principal on the note
and mortgage, interest from October l, 2008, costs, advances and expenses as provided in the note and
mortgage.
12. ATTORNEYS FEES: Plaintiffhas obligated itself to pay the undersigned attomeys a
reasonable fee for their services herein and is entitled to recover said fees pursuant to the terms of the
INFENOR CLATMAIY|S:
13. Defendant, THE LJNITED STATES OF AMERICA, may claim some interest in the
property arising from a Notice of Federal Tax Lien under the Internal Revenue Code, filed by the
Director Southern District and recorded in Oflicial Records Book23l76, Page 1907 , of the public
records of Palm Beach County, Florida, a copy of which is atached hereto as Plaintiffs Exhibit "B". This
some interest in or lien upon the subject property arising from a mortgage, recorded in OfficialRecords
Book 22026, Page 572, of the public records of Palm Beach County, Florida" which mortgage is inferior to
Plaintiffs mortgage.
some interest in the subject property arising from unpaid assessments. This interest if any, is inferior to
PlaintifPs mortgage.
fictitious names representing tenants in possession, may claim some interest in the property that is the
subject of this foreclosure action by virtue of being in actual possession of same, but any interest said
Defendant(s) may claim in the subject property , if any, is subject and inferior to the lien of Plaintiffs
mortgage.
DESCRIBED, may be intercsted in the subject matter of this action as unknown spouses, tenants, heirs,
devisees, grantees, assignees, lienors, creditors, trustees or other claimants by through, under or against a
known person who is dead or not known to be dead or alive or by virtue of any interest in or claim to the
property which is the subject of this action or otherwise as the case may be. These interests, if any, are
a) That this Court will take jurisdiction of this cause, of the subject matter and the parties
hereto.
4
b) That this Court ascertain and determine the sums of money due and payable to the
c) That the sum of money found to be due as aforesaid be decreed by this Court to be a
d) That such lien be foreclosed in accordance with the rules and established practice of
this Cour! and upon failure of the Defendants to pay the arnount of money found to be due by them to the
e) That this Court decree that the lien of the Plaintiff is superior to any and all right, title
or interest of the Defendants herein or any person or parties claiming by, through or under them since the
f) That all right, title or interest of the Defendants or any person claiming by, through or
g) That this Court grant general relief in this cause as in its discretion might be meet and
just including, but not limited to, a deficiency judgment against the obligor of the note, to the extent
permined by applicable Banknrptcy and State law, if the proceeds of the sale are insufficient to pay
Plaintiffs clairn.
Under penalf.v of periury. I dec!,a-re that I hpve read thg fgregoing. and the fncEalleged thereia
are trBe_end correct to the bcst of Ery knoryledee and belief.
By:
Re: Creditor: TI{E BANK OF NEW YORK MELLON FKA TFIE BANK OF NEW YORK AS
TRUSTEE FOR T}IE CERTTFICATEHOLDERS CWALT, INC. ALTERNATryE LOAN
TRUST 2OO542CB MORTGAGE PASS-THROUGH CERTIFTCATES, SERIES 2OO542CB
Date: May 7,2010
homissory Note and Mortgage dated: June 28, 2005
Debt Owed: As of the date of this verification, you owe 53E5,924.74. Because of interest, late
charges, attorneys' fees and other charges that may vary from day to day, the amount due on the
day you pay may be greater. Hence, if you pay the amount shown above, an adjustnent may be
necessary after we receive your check, in which event we will inform you before depositing the
check for collection. For further information, write the undersigned or call collect (954)-564-
007 l.
This communication is from a debt collector and this is an atternpt to collect a debt owed and any
information obtained will be used for that purpose.
Unless you dispute this debt or any portion of it, within thirty (30) days after you receive this notice,
the undersigned law frnn will assume that said debt is valid.
If you notify the undersigned attorney in writing within the said thirty (30) day period that the
aforesaid debt, or any portion thereof, is disputd the undersigned attomey will obtain written verification of
the debt and mail it to you.
Ifthe above creditor notyouroriginal creditorandyou submitarequestwithin the thirty (30) day
is
period for the name and address of the original creditor, we will supply such information to you.
Even though you are required to file a response to the lawsuit prior to the thi(y (30) days, your
validation rights, as set forth in this notice, shall not expire for the thirty (30) days.
Ifyou do dispute this debt in writing in the thirty (30) day perio4 we willsuspend collection until we
send you verification.
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:CHER,YL SAJTIONS
ASSISTANT SECNETARY
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