IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR PINELLAS COUNTY CIVIL DIVISION macrovaMonresse re tavonnsavneseane §— SC,|I3/ CSO Plainstt, vs Case No, THE FRU STRe SRE USTEE OF 5912 31st SRERT, Division it y PROVIDENCE ; ERR EIS STR RSUA TER 3 1 Defendants, 25 07 _ e COMPLAINT ny WACHOVIA MORTGAGE, FSB. £k.a WORLD SAVINGS BANK, by and through its undepignedaromeys, sues Defendants, THE TRUSTEE COMPANY, TRUSTEE OF THE 59123Ist STREET LAND TRUST, DATED 11/16/2004, PROVIDENCE HOSPITAL, and UNKNOWN TENANTS/OWNERS, and states: GENERAL ALLEGATIONS 1. WACHOVIA MORTGAGE, FSB. fa WORLD SAVINGS BANK, is the holder of the Note and Mortgage oF S which are the subject of this s 2, Defendant(s), THE TRUSTEE COMPANY, TRUSTEE OF THE $912 31stSTREETLAND TRUST, DATED 1171672004, is/are the record owner(s) of te property soughtto be foreclosed by the Paint, andhold tite tothe property subject to the Mortgage described herein 3. Defendants, PROVIDENCE HOSPITAL, and UNKNOWN TENANTS/OWNERS, arepersons and/or entities ‘who have or may claim some right, itl, interest, or lien in, to, or upon the Property described below. 4 On January 22, 200, AN UNMARRIED MAN, executed and delivered a Note, and 4 Purchase Money Mortgage securing the Note in favor of WORLD SAVINGS BANK, FSB. The Mortgage was recorded on February 10,2004 in Official Records Book 13368, Page 1144, of the Public Records of Pinellas County, Florida. A copy ofthe Mortgage and Promissory Note isattachedhereto, Said Note and Mortgage were subsequently assigned and/or endorsed in favor of the Plaintiff, 5. Plaintiff now owns and isthe holder ofthe Note and Mortgage. § A defaultexists under the Note and Mortgage asa result ofa lack of payment of the installment due February 15, 2009, and all subsequent payments on the Note 7 Plaitiffhas,ifrequired by the Note or Mortgage, demanded paymentofthe obligation reflected by the aforesaid Note and Mortgage, but despite such demand, sti default has not been cured, 8. Plaintl@Phereby accelerates all principal and interest under the Note and Mortgage to be immediately due and payable 9. Plaintiff is duc the sum of FIFTY-FOUR THOUSAND SIX HUNDRED EIGHTY AND 43/100 Dollars ($54,680.43) principal underthe Note and Mortgage, plus intrest fom January 15, 2008, tte search expenses for ascertaining necessary parties to this action, unpaid taxes, insurance premiums, accumulated late charges, and inspection fees.10, _Asaresult ofthe default under the Note and Mortgage, it as become necessary forthe Plaintiffto employ the undersigned attomeys to prosecute this action, and Plainti has agreed to pay such attorneys a reasonable fee for thei services Under the terms and provisions of the Note and Mortgage, Plaintiffs entitled to recover its reasonable attorney's fees in bringing this action, Plaintiff alleges that a reasonable attomey's fee in this matter would be $1,250.00 and will seek an award of such amount inthe event that a default judgment is entered against the Defendant. In the event that this matter is contested, Plaintift intends to seck additional attorney's fees based upon the hours spent, services rendered and other reasonable factors. 11, Defendant(s), THE TRUSTEE COMPANY, TRUSTEE OF THE 59123 1stSTREETLAND TRUST, DATED 11/16/2004, and/or UNKNOWN TENANTS/OWNERS, now own, possess, or have the right to possess the Property 12, Defendant(s), UNKNOWN TENANTS/OWNERS, may claim some interest in the subject property by virtue ‘of their possession of the property. 13. Defendant(s), PROVIDENCE HOSPITAL, may claim some interest in the subject property by virtue of a judgment, lien, or other instrument recorded on 04/10/2008 in Official Records Book 3007, Page 2361, ofthe Public Records of Pinellas County, Florida, Said interest, however, is either invalid ors subordinate and inferior to the lien of Plaintfs Mortgage. COUNT I MORTGAGE FORECLOSURE. 14, Plaintffrealleges and incorporates Paragraphs I through 13 of this Complaint 15, This isan action to foreclose the first Mortgage on real property (the "Property") in Pinellas County, Florida, hhaving a legal description as follows: ‘THE SOUTH 50 FEET OF THE NORTH 100 FEET OF THE SOUTH 562 FEET OF THE EAST 247.5 FEET OF THE NW 1/4 OF THE SE 1/4 OF SECTION 35, TOWNSHIP 30 SOUTH, RANGE 16EAST, PINELLAS COUNTY, FLORIDA, LESS THE EAST 30 FEET THEREOF. With a street address of $912 31ST STREET NORTH, ST. PETERSBURG, FL 33714, herein referred to as "the Property." 16, Under the terms of the Mortgage and in accordance with Florida law,Plaintff is entitled to foreclosure of its Mortgage upon default in payment. 17, Alllconditions precedent to the enforcement of Plaintiffs right to foreclosure herein and the maintenance ofthis action have been performed, have occurred, or have been waived. WHEREFORE, Plaintiff requests that this honorable Court (a) Take jurisdiction of the parties hereto and of the subject matter hereof: (b) Order thatthe lien of Plaintiffs Mortgage is a valid first lien on the Property described and is superior toany lien of record ; (©) Order foreclosure of the Mortgage, and that all Defendants named herein, their estates, and all persons claiming under or against them since the filing of the Notice of Lis Pendens, be foreclosed;(@ Determine the amount due Plaintiff under the Note and Mortgage sued upon herein; (©) Order that if said sum due Plain {is not paid in full within the time set by this Cour, the Property be sold by Order of this Court to satisfy Plaintiff's claims; (®) Order that ifthe proceeds from such court ordered sale ae insufficientto pay Plaintiff's claim, then a deficiency Judgment be entered for the remaining sum against all Defendants who have assumed personal lability for same and who have * not received a discharge in bankruptcy; (8) Order delivery and possession of he real property tothe Purchaser, who shall be responsible for condominium or homeowner association assessments and other charges in accordance with §§718.116 and 720.3085, Florida Statutes (2007), respectively.and upon proof of the demand or refusal of any Defendant to vacate and surrender such possession, and the clerk be directed to issue a writ of possession without further order of this Court; (h) Retain jurisdiction of this cause and the partes hereto to determine Plaintiff's entitlement to a deficiency Judgment and the amount thereof; and (Grant such other and further relief as appears just and equitable under the circumstances, (OTICE, “AIR DI LE ICES A¢ Pursuant to Title 15 United States Code Section 1692, Plaintiff is providing the following notice: 8) The amount of the debt is contained in this Complaint; b) The Creditor to whom the debt is owed is WACHOVIA MORTGAGE, FSB. fk. WORLD SAVINGS BANK; ©), Unless this debt, or any portion thereof, is disputed within thirty day’ afte receipt ofthis notice, the debt will bbe assumed to be valid by the Plaintiff, 4), Ifa consumer notifies the undersigned in writing within the thirty day period that the debt, or any portion thereof, is disputed, the undersigned will obtain verification ofthe debt and a copy of such verification will be mailed to such consumer; ©) ___ Upon a consumer's written request within the thirty-day period, the undersigned will provide the consumer with the name and address ofthe original creditor, if different rom the cumeht creditor This is an attempt to collect a debt, and any information obtained will be used for that purpose DATED: June 30, 2009, 3s, Shuler, Solomon, Spector, Foyle & Singer, PA P.O. Box 800 1505 N. Florida Ave, ‘Tampa, FL 33601 (813) 329-0900 ext 382 Attomeys for Plaintif SSTATE OF FLORIDAPINELLAS COUNTY roby cay hate foregoing Is ‘ave copy a8 te sama appears among Bigncggiowen 8 3 ae ee:UGC FINANCING STATEMENT BLORIDA SECURED TRANSACTION REGISTRY FILED 2008 Apr 10 AM 12:00 ‘Clearwater, Florida Near {33759] ‘noa-domestie without the US 8 ROSES TR rane rR TEOUETOORESE ar SERA fear a CLEARWATER FL | 33759 ‘US TSE RET rf [TST OF ORATOR TOOTH esse" | LEGAL ENITY ‘UNITED STATES Tanomon. DES1OTS EXACT RIT. (EGA. RANE “vor p an te nS) cons RUSTON S TORI PAP a Oe RERRUET rare EOE rar aR ar era coe esa PROVIDENCE HOSPITAL DETROIT ME us TEC am — eam OTRORTEATT TREO See | LEGALENTTY UNITED STATES . T SEOURED PARTY WaMe rout a TOT ASSN GASHOON Sr zotey mm are pe come 0° oR STOO sooENouE = — united = mr Se EE RAO lea - Clearwater, Flori near (33759) | States of “Cha roemaN IATMENT cme Bo Sg car All Property belonging to the Debtor/Bailee belongs tothe Secured Party. Florida Documentary Stamp Tax not required seccceVSEeoVr_o_TC[_—mll,.————— qe —_ FILING OFFICE COPY — NATIONAL UCC FINANCING STATEMENT (FORMUCC)) (REV. 72008)UCC FINANCING STATEMENT ADDENDUM ‘THe ABOVE SPACE IS FOR FILING OFFICE USE ONLY “TT ROTIONAL DEBTORS BXOGT FULL LEGAL Eaton eure (in nme eae Fi GnanseeaTOrRaN on aRRRRTSTAET OE RTE oe TE aE TERETE nc [se OSTA Coe [soon 58, rann an aire tt RECORD OWN fw cert ete (Sonar derecho eer re Fi oamamtcpecnmassaua saat oer af] tant of ] tase ro win eps propa tno of [omen Ss, Fi as adden dee ame cnn RANTING UTLTY [lesen ctor wih hartecontitane Tracer — eect ye FILING OFFICE COPY— NATIONAL UGC FINANCING STATEMENT ADDENDUM (FORMUCC1Ad) (REV. 7/2958)IN THE CIRCUIT COURT, OF PINELLAS, FLORIDA WACHOVIA MORTGAGE, FSB. F.K.A WORLD, PLAINTIFF: __ SAVINGS BANK vs. 52-2009-CA-011721 THE TRUSTEE, COMPANY, TRUSTEE OF THE 5912 31ST STREET LAND TRUST, DATED 11/16/2004, ET DEFENDANT: AL Defendants: Zi 2 va 62 We 60 AFFIDAVIT OF LOST ORIGINAL FOR PROVIDENCE HOSPITAL BEFORE ME, THE UNDERSIGNED AUTHORITY, THIS DAY PERSONALLY APPEARED. Florette Lawson , WHO UPON BEING FIRST DULY SWORN, UPON HER OATH, DEPOSES AND SAYS: }, THAT LAM Florette Lawson , APPOINTED TO COORDINATE THE SERVICE OF PROCESS IN THE ABOVE CAPTIONED MATTER. >, THAT THE ORIGINAL SUMMONS WAS ISSUED BY THIS COURT AND HAS BEEN INADVERTENTLY " LOST, MISPLACED, OR DESTROYED AND CANNOT BE REFILED WITH THE COURT. 3, THAT THIS AFFIDAVIT IS GIVEN SO THAT THIS MATTER MAY PROCEED TO FINAL JUDGMENT. 4, FURTHER AFFIANT SAYETH NOT. SWORN TI SUBSCRIBED BEFORE ME THIS QB \ DAY OF 5 aN} MENDES Feta 2010 ceuntaNeny nec inano IC, STATE OF FLORIDA ery erty nate foregoing Cipher etone walAFFIDAVIT OF SERVICE State of Florida County of Pinellas Circuit Court Case Number: 09011721CI-020 Plaintt WACHOVIA MORTGAGE, FSB. F.K/A WORLD SAVINGS BANK s. Defendant | ees LED THE TRUSTEE COMPANY, TRUSTEE OF THE 5912 31ST STREET | ci. counT RECORDS DEPARTMENT LAND TRUST, DATED 11/16/2004, ET AL For. KASS, SHULER, SOLOMN, SPECTOR, FOYLE and SINGER (TPA) 1505 N FLORIDA AVENUE TAMPA, FL 33602 JUL 29 2009 | | | ie cuenn RCO COUNTY COURT Received by Provest, Inc. on the 6th day of July, 2009 at 4:32 pm to be served on PROVIDENCE HOSPITAL, C/O SECRETARY OF STATE, 2661 EXECUTIVE CENTER CIRCLE, TALLAHASSEE, FL 32301. |, SHERRI KADY, being duly sworn, depose and y that on the 7th day of July, 2009 at 12:35 pm, Corporate served a Goverment agency by delivering a true copy of this SUMMONS COMPLAINT AND NOTICE OF LIS PENDENS with the date and hour of service endorsed thereon by me to Yvette Mcgee, as C.P.C. authorized to accept service, named agency, to wit: personal and informing said person of the contents therein, in compliance with State Statutes. {certify that | am over the age of 18, have no interest in the above action, and am a Certified Process Server, in {good standing, in the judicial circuit in which the process was served STATE OF FLORDAPINELLAS COUNTY “, ‘hereby arty hate racing f mem cores oreg Ted en eA aol at cv Se a aay Ca SHERRI ‘Subscribed and Sworn to before me on the 7th day of Process Ser July, 2009 by 100/710 me. ences’, Provest, ne. 0.20/78 202 South Rome Avenue oe 2 Tampa, FL 33604 NOTARY PUBLI (813) 877-2844 ‘Our Job Serial Number: 2009024517 Ref: 317300.0910568, oy 1982208 Osan Sarvs, Proce Sr Teton VBIN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR PINELLAS COUNTY CIVIL DIVISION g WACHOVIA MORTGAGE, FSB. fk.a WORLD SAVINGSBANK —_UCN52200 (CA O((72(_ xx Cic Plaintiff, Case No. 52-2009-CA-011721 REUTER AR MSTBIRER NCATE Din ree Plaintiff, WACHOVIA MORTGAGE, FSB. fk.a WORLD SAVINGS BANK, be tiBBits Notice of Voluntary Dismissal of the above-styled cause, without prejudice, and releases the Notice of Lis Pendens filed in connection with this action. All pending hearings are hereby canceled. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by United States Mail to: UNKNOWN TENANTS/OWNERS, 5912 31ST STREET NORTH, ST PETERSBURG, FL 33714;PROVIDENCE HOSPITAL, c/o Secretary of State, 2661 Executive Center Circle, Tallahassee, FL 32301 VIE iG PURS' ;THE TRUSTEE COMPANY, TRUSTEE OF ‘THE 5912 31ST STREET LAND TRUST, DATED 11/16/2004 GUJU, MICHAEL J, 31564 US 19 N, PALM HARBOR, FL 34684; July 8, 2009. Wallison P Bian ands Dar waa © Clay A. Holtsinger/Florida Bar #0294330 O Richard S. Mclver/Florida Bar #559120 0 Edward B. Pritchard/Florida Bar #712876 © Ashley L. Simon/Florida Bar #0064472 © Joan Wadler/Florida Bar #894737 Kass, Shuler, Solomon, Spector, Foyle & Singer, P.A., Attorneys for Plaintiff P.O. Box 800, 1505 N. Florida Ave, Tampa, FL 33601 (813) 229-0900, fore terteter ener cerca SeerIF: 2012062809 BK: 17506 PG: 747, 03/02/2012 at 03:56 PM, RECORDING 1 PAGES $10.00. REN BURKE, CLERK OF COURD PINELLAS COUNTY, FL BY DEPUTY CLERK: curoHoo ‘ORIGINAL DOCUMENT ecorang Raves by SVETNA QUZKOVA WELLS FARGO HOME MORTGAGE xouosse ‘1200 W PARKLAND AVE, hen Recor a To WELLS ARGO HOME MORTGAGE ew Revease Derr ac xstc04 1c ‘1200 W PARKLAND AVE. MILWAUKEE. vw 35224, RalaseeMe oan Nome: 23522560 ers RUN NOW ALL MEN BY THESE PRESENTS nat WELLS FARGO BANK. MA eurceaoby marge ts WACHOVIA MORTGAGE, F58 fee WORLD SAVINGS BANK FSS hala of conan Morgage, wee pares cee and recording ferrin arated tow done tere etrondge faite resve fllnymet end aeston che ame, rain canceratonheret, Sees howby cares! trodacnvon sn sas Crane verse Jax unwarnueo wan tga ergoge| Dut 122004 Record @NOERDM Banal {38 Pagal 344s earunen Nur 200K087S ne (fal Race ht Cast ot Plas Stato FL along Rea Prepry and mate putely, escibec on sae Megane ‘seresto mere “an t0 Manter roan Aderas 6212 21ST STREET NORTH, ST. PETERSBURG. FLSITI4 ct IN'WITNESS HEREOF WELLS FARGO BANK, 1. successor ny merger to WACHOVIA MORTGAGE, F582 WORLD SAVINGS, [BANK TOD bye oon cy othe has levees he orgs amument Tada Date 0902202 WELLS FARGO BANK, NA svcneor by merge NACHOVIA MORTGAGE, FSS Na WORLD SAVNOS BANK, FSS Spa wee etry snows “Thainstumer was sckrowedoe before me BRAD THOMPSON cry sulin ane Malwa county ne Sabo on rica by SYLVA KOHUT as ce Preient Loan Oscumeraen of WELLS FARGO BANK WA sucosse ty IDE 0 WACHOVIA MORTGAGE, F5® Na WORLD SAVINGS BANK FS (Winans my andar fc sat G ‘Ra THOMPSON Voaly efor Mvauioe Cat, wy Commision Expres 0872015 Prepared By: SYLMAKOWUT STATEOS FLOROAFWNELLAS COUNTY "arty cent hale eegrg nate son) a cosa nie ofa rca et Pray Cay ‘ tna oy PE. al, TENE let of creat Coun & Comarter ey. i ae