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					IN THE CIRCUIT COURT OF THE 9TH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA AMERICAN HOME MORTGAGE SERVICING, INC., GENERAL JURISDICTION DIVISION Plaintiff, vs. The unknown spouse and all unknown heirs, devisees, grantees, assignees, legatees, lienholders, creditors, trustees, or otherwise, claiming by, through, under or against ALLEN DAVID NAANES, and all other parties having or claiming to have any right, title or interest in and to the property under foreclosure herein; LEGACY DUNES CONDOMINIUM ASSOCIATION, INC., a Florida corporation; STATE OF FLORIDA, DEPARTMENT OF REVENUE; UNITED STATES OF AMERICA; JOHN DOE and JANE DOE, Defendants. / Plaintiff, AMERICAN HOME MORTGAGE SERVICING, INC., sues the unknown spouse and all unknown heirs, devisees, grantees, assignees, legatees, lienholders, creditors, trustees, or otherwise, claiming by, through, under or against ALLEN DAVID NAANES, and all other parties having or claiming to have any right, title or interest in and to the property under foreclosure herein; LEGACY DUNES CONDOMINIUM ASSOCIATION, INC., a Florida corporation; STATE OF FLORIDA, DEPARTMENT OF REVENUE; UNITED STATES OF AMERICA; JOHN DOE and JANE DOE, and alleges: 1. 2. This is an action to foreclose a mortgage on real property in Osceola County, Florida. On October 30, 2006, ALLEN D. NAANES, a single man, (hereinafter "Borrower") executed and Case No. Florida Bar No. 352837

COMPLAINT FOR FORECLOSURE OF MORTGAGE AND FOR DAMAGES

delivered a Note to HLB MORTGAGE, a copy being attached hereto as Exhibit A and Mortgage, (the "Mortgage") a copy being attached hereto as Exhibit B, securing payment of the Note to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., acting solely as nominee for HLB MORTGAGE. The Mortgage was recorded on February 12, 2007, in Official Records Book 3405 at Page 2707 of the Public Records of Osceola County, Florida, and mortgaged the property described therein, which was then owned by and in the possession of the mortgagor. 3. 4. 5. Said Mortgage was assigned to Plaintiff by virtue of the assignment attached hereto as Exhibit C. Plaintiff owns and holds the Note and Mortgage. Allen David Naanes died on ___(month)___, _(day)_, 200_, a copy of the Death Certificate is

attached hereto at Exhibit D.

Adorno & Yoss LLP 2525 PONCE DE LEON BLVD.· SUITE 400· MIAMI, FLORIDA 33134· TELEPHONE (305)460-1100· TELEFAX 460-1421

6.

The property is now owned and possessed by the unknown spouses, heirs, devisees, grantees,

assignees, legatees, creditors, lienholders, trustees, or otherwise, claiming by, through, under or against ALLEN DAVID NAANES, and all other parties having or claiming to have any right, title or interest in and to the property under foreclosure herein. 7. Borrower defaulted under the Note and Mortgage by failing to pay the payment due February 1,

2007, and all subsequent payments. 8. 9. Plaintiff declares the full amount payable under the Note and Mortgage to be due. Borrower owes Plaintiff $204,842.99 representing principal due on the Note and Mortgage, interest

from January 1, 2007, and title search expenses for ascertaining necessary parties to this action. 10. Defendants, JOHN DOE and JANE DOE, may claim some right, title, or interest in the subject

property by virtue of being in possession of the subject property. Any such claim is junior and inferior to the Mortgage. 11. Defendants, STATE OF FLORIDA, DEPARTMENT OF REVENUE AND UNITED STATES OF

AMERICA, may claim some right, title or interest in the subject property by virtue of possible estate tax liens on the estate of ALLEN DAVID NAANES, deceased. (SS#xxx-xx-0853). Any such claim is junior and inferior to the Mortgage. 12. Defendant, LEGACY DUNES CONDOMINIUM ASSOCIATION, INC., a Florida corporation, may

claim some right, title or interest in the subject property by virtue of a lien or claim based upon unpaid maintenance or assessment payments. Any such claim is junior and inferior to the Mortgage. 13. In addition to the above named Defendants, the unknown spouses, heirs, devisees, grantees,

assignees, creditors, trustees, successors in interest or other parties claiming an interest in the subject property by, through, under or against any of said Defendants, whether natural or corporate, who are not known to be alive or dead, dissolved or existing, are joined as Defendants herein. The claims of any of said parties are subject, subordinate and inferior to the interest of Plaintiff. 14. 15. All conditions precedent to the institution of this action have been performed, waived or excused. Plaintiff is obligated to pay its attorneys a reasonable fee for their services.

WHEREFORE, Plaintiff demands:

Adorno & Yoss LLP 2525 PONCE DE LEON BLVD.· SUITE 400· MIAMI, FLORIDA 33134· TELEPHONE (305)460-1100· TELEFAX 460-1421

1.

That this Court adjudge the lien of the Mortgage to be a valid lien upon the subject property,

superior to the rights, claims, interests, and liens of all the Defendants and any and all persons claiming by, through, under or against Defendants subsequent to the filing of the Lis Pendens. 2. That an accounting be made of the sums due Plaintiff under the Note and Mortgage and if the sum

is not paid within the time set by this Court, that the property be sold in accordance with Section 45.031, Florida Statutes and that all Defendants made parties to this cause, and all persons claiming under or against said Defendants, since the filing of the Notice of Lis Pendens be foreclosed. 3. That the Court grant such further relief as it deems proper.

ADORNO & YOSS LLP Attorneys for Plaintiff 2525 Ponce De Leon Boulevard Suite 400 Miami, Florida 33134 (305) 460-1100

By: Gregg S. Ahrens

Adorno & Yoss LLP 2525 PONCE DE LEON BLVD.· SUITE 400· MIAMI, FLORIDA 33134· TELEPHONE (305)460-1100· TELEFAX 460-1421

IN THE CIRCUIT COURT OF THE 9TH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA GENERAL JURISDICTION DIVISION Case No. AMERICAN HOME MORTGAGE SERVICING, INC., Plaintiff, vs. The unknown spouse and all unknown heirs, devisees, grantees, assignees, legatees, lienholders, creditors, trustees, or otherwise, claiming by, through, under or against ALLEN DAVID NAANES, and all other parties having or claiming to have any right, title or interest in and to the property under foreclosure herein; LEGACY DUNES CONDOMINIUM ASSOCIATION, INC., a Florida corporation; STATE OF FLORIDA, DEPARTMENT OF REVENUE; UNITED STATES OF AMERICA; JOHN DOE and JANE DOE, Defendants. / NOTICE OF LIS PENDENS Florida Bar No. 352837

TO DEFENDANT(S): The unknown spouse and all unknown heirs, devisees, grantees, assignees, legatees, lienholders, creditors, trustees, or otherwise, claiming by, through, under or against ALLEN DAVID NAANES, and all other parties having or claiming to have any right, title or interest in and to the property under foreclosure herein; LEGACY DUNES CONDOMINIUM ASSOCIATION, INC., a Florida corporation; STATE OF FLORIDA, DEPARTMENT OF REVENUE; UNITED STATES OF AMERICA; JOHN DOE and JANE DOE AND ALL OTHERS WHOM IT MAY CONCERN: YOU ARE NOTIFIED of the institution of this action by Plaintiff against you seeking to foreclose a mortgage on the following property in Osceola County, Florida: Unit 10-305, of LEGACY DUNES CONDOMINIUM, according to the Declaration of Condominium thereof, as recorded in Official Records Book 3206, at Page 2713, of the Public Records of Osceola County, Florida. DATED this day of June, 2009. ADORNO & YOSS LLP Attorneys for Plaintiff 2525 Ponce De Leon Boulevard Suite 400 Miami, Florida 33134 (305) 460-1100 By: _________________________

Gregg S. Ahrens

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Form 1.997 CIVIL COVER SHEET

The civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law. This form is required for the use of the Clerk of the Court for the purpose of reporting judicial workload data pursuant to Florida Statute 25.075. (See instructions on the reverse of the form.) ____________________________________________________________________________________________ _______ I. CASE STYLE NAME OF COURT: 9TH JUDICIAL CIRCUIT Case # Plaintiff: AMERICAN HOME MORTGAGE SERVICING, INC. Judge:

vs.

Defendant: ALLEN DAVID NAANES, et al.

____________________________________________________________________________________________ _______ II. TYPE OF CASE (Place an x in one box only. If the case fits more than one type of case, select the most definitive). ____________________________________________________________________________________________ _______ Domestic Relations Torts Other Civil ____________________________________________________________________________________________ _______ [ ] Simplified Dissolution [ ] Dissolution [ ] Support - IV.D [ ] Professional malpractice [ ] Products liability [ ] Auto negligence [ ] Contracts [ ] Condominium [x] Real Property/ Mortgage Foreclosure [ ] Eminent Domain [ ] Other (Quiet Title)

[ ] Support - Non IV.D [ ] Other negligence [ ] URESA - IV.D [ ] URESA - Non IV.D [ ] Domestic Violence [ ] Other Domestic Relations ____________________________________________________________________________________________ _______ III. IS JURY TRIAL DEMANDED IN COMPLAINT? -3-

[ ] Yes [x] No ____________________________________________________________________________________________ _______ DATE June 26, 2009 SIGNATURE OF ATTORNEY FOR PARTY INITIATING ACTION ______________________________ Gregg S. Ahrens

NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT 15 U.S.C. §1692

1. 2.

The amount of the debt is as stated in the Complaint attached hereto. The Plaintiff, as named in the attached Complaint, is the creditor to whom the debt is owed. The debt described in the Complaint will be assumed to be valid by the creditor's law firm unless you (the debtor) dispute the validity of this debt, or any portion thereof, within thirty (30) days after receipt of this notice. If you (the debtor) notify this firm within thirty (30) days of this notice, that the debt or any portion thereof is disputed, we will obtain verification of the debt and a copy of the verification of the debt will be mailed to you (the debtor). If the Plaintiff in the attached Complaint is not the original creditor, and if you (the debtor) make a written request to this law firm within thirty (30) days from receipt of this notice, the name and address of the original creditor will be provided to you (the debtor). The law does not require this law firm to wait until the end of the thirty (30) day period referred to in Paragraphs 3, 4 and 5 of this Notice before suing you to collect the debt. If however, you request proof of the debt or the name and address of the original creditor within the thirty (30) day period which begins with your receipt of this Notice, the law requires this law firm to suspend our efforts (through litigation or otherwise) to collect the debt until we mail the requested information to you. Written requests should be addressed to Adorno & Yoss LLP, 2525 Ponce De Leon Blvd., Suite 400, Miami, Florida 33134.

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