brief - riggs v, aurora +motion+for+rehearing

8/3/2019 Brief - Riggs v, Aurora +Motion+for+Rehearing

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IN THE DISTRICT COURT OF APPEALOF FLORIDA FOURTH DISTRICT

CASE NO. 4D08-4635JERRY A. RIGGS, SR.,

Appellant,vs.AURORA LOAN SERVICES, LLC,

" ,,Appellee./---------------------------

APPELLEE'S MOTION FOR REHEARINGAppellee, AURORA LOAN SERVICES, LLC, by and through undersigned

counsel, pursuant to Fla. R. App. P. 9.330, respectfully moves this Honorable Courtfor rehearing of its decision, and as grounds in support thereof states the following:

1. On April 21, 2010, this Court reversed a final summary judgment offoreclosure on the ground that Aurora's status as the lawful "owner and holder" of thenote was not conclusively established by the record evidence. (Slip. Op. at 1, attachedhereto in Appendix A.l).

2. Appellee submits that the Court's decision misapprehended both the factsof the case as established by the record, as well as the law applicable to those factsin a mis-placed reliance on a recent decision from the Second District in BACFunding Consortium, Inc. ISAOAIATIMA v . Jean-Jacques, 28 So. 3d 936 (Fla. 2dDCA 2010).

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3. Appellee further submits that the impact of this opinion is of great publicimportance due to the fact that it appears to be contrary to well established legalprincipals regarding negotiable instruments and the Uniform Commercial Code.

4. The following is the basis for the Appellee's position:(A) The Court made two findings that are contradicted by the

record. The finding that" ... the indorsement in blank is unsigned ... " isfactually inaccurate based on the record evidence in this case which includesthe original promissory note containing a signed indorsement payable inblank'. Further, the finding that there are" ... no supporting affidavits in therecord" is inaccurate. There are two Affidavits in the Record which attest tothe fact that Aurora was the owner and bolder of the note and mortgage; and

(B) The decision directly conflicts with the long standing lawregarding negotiable instruments as set out in the Uniform Commercial Coderegarding signatures on negotiable instruments, the status of a "holder" of anoriginal promissory note indorsed in blank, and as to the self-authenticatingnature of negotiable instruments, including promissory notes'; and

(C) Reliance by the Court on the BAeFunding case was misplaced.

IAs distinguished from an un-signed indorsement or an assignment ofmortgage containing a blank assignee, as in the BAC Funding case.

2 The issue regarding the requirement of authentication of an originalpromissory note, although argued by Appellant in his Initial Brief, was not raisedin the court below at any time prior to the hearing on the Plaintiff s Motion forSummary Final Judgment, and so was not addressed in Appellee's Brief.Appellant attempted to interject this argument by filing a Motion to Strike theevidence the day after the Summary Judgment hearing, by delivering his Motion tothe court. [R. 302-309]. Without a transcript of the Summary Judgment hearing,this court must rely on the record, and determine if there was any basis for thecourt to have entered the Summary Judgment.

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A) The Decision Is Factually Inaccurate:5. The court's conclusion that (i) the indorsement was unsigned and (ii) that

the court record failed to include any Affidavit regarding Aurora's ownership of theoriginal note is an incorrect statement of the facts as evidenced in the Record. (Slip.Op. at 2, A.l).

6. This factual evidence of Aurora's ownership of the original note indorsedin blank, as well as supporting sworn Affidavits by Aurora that it was the "owner andholder" of the note and mortgage, appear in multiple places in the Record and werepart of the Record since early in the case:

(i). Appellee filed a copy of the original note, including the back-sideof the last page containing the indorsement as a Supplemental Exhibit to theComplaint on September 28, 2007. A.2, at R.71, (which is the indorsement thatappears on the back side of the original on page R. 314).

(ii). Appellee asserted that the original note was in its possession andwould be surrendered to the Court at the final hearing in its Memorandum of Law inopposition to the Appellant's Motion to Dismiss, also filed on September 28, 2007.R.81 and R.87.

(iii). Appellee filed a Reply to the Appellant's Affirmati ve Defenses, onFebruary 1,2008, which again informed the court that Plaintiffheld the original note

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that contains a blank indorsement, and that Plaintiff would produce the original atthefinal hearing on this matter."} R. 165.

(iv). Appellee filed two sworn Affidavits by Aurora attesting to the factthat it "owned and held" the subject note and mortgage, including an Affidavit ofIndebtedness on February 7, 2008 and an Affidavit to Rebut Defendants' AffirmativeDefenses, filed on March 3,2008. A.3 at R. 175 and AA at R.205.

(v). Finally, Appellee surrendered the original note, a copy of whichhad been in the court record since September 28, 2007, which contains an originalsigned indorsement payable in blank by the originating lender, on the back side ofthe signature page of the Note, denominated as page 4 of 4. R.314. This court'sRecord includes the original note, which was filed herein by the Clerk of the lowercourt. The Court's attention is directed to the back of page R. 314, which containsthis original indorsement.

B) The Decision Directly Conflicts with the Uniform Commercial Code andLegal Precedent Regarding Negotiable Instruments

7. It is undisputed by the parties that a promissory note is a negotiable

3Despite the assertions that Plaintiff was the owner and holder of the noteand in possession of the original note, and that the original note contained a blankindorsement, Appellant continued to make the same argument to the lower courtthat Plaintiff was not in possession of the original note, and feigned surprise at thehearing that the original note was being surrendered to the court.

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instrument and its transfer is governed by the Uniform Commercial Code. Section673.2031, Florida Statutes (2007) provides that a negotiable instrument has been

transferred when it is "delivered" and further provides that the rights acquired by thetransferee are "to enforce the instrument". 4 Section 671.201(5), Fla. Stat. (2007)defines a "holder" as the person in possession, if the instrument is payable to bearer,and further defines "Bearer"as the person in possession of an instrument, documentof title, or certificated security payable to bearer or indorsed in blank. (Emphasisadded)

8. The VCC provides a definition for what constitutes an "indorsement", andthe only requirement for an indorsement is a signature. 5 The signature, however,may also be accompanied by "other words", which although not further defined, aremore commonly found to be "pay to the order of", which signifies the intent tonegotiate the instrument. Fla. Stat. 673.2041

9. Further, the VCC distinguishes between "blank indorsements" and "special

4 (1) An instrument is transferred when it is delivered ... (2) Transfer of aninstrument, whether or not the transfer is a negotiation, vests in the transferee anyright of the transferor to enforce the instrument, including any right as a holderin due course ....(Emphasis added). 671.201(5), Fla. Stat. (2007)

5 673.2041. Indorsement (1) The term "indorsement" means a signature,other than that of a signer as maker, drawer, or acceptor, that alone oraccompanied by other words is made on an instrument for the purpose ofnegotiating the instrument, restricting payment of the instrument, or incurringindorser's liability on the instrument; ... Fla. Stat. 673.2041

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indorsements". Fla. Stat. 673.2051 610. Contrary to this Court's conclusion that the indorsement was "unsigned",

a review of the indorsement demonstrates that the indorsement was signed, and wasindorsed in blank, on the back side of the last page of the note--by Humberto Aldayof First Magnus Financial Corporation--with the words "Pay to the Order of __ ."7 [A.2 at R.71, R.87 , and the back side of original note R. 314]. Thus, Aurora wasin possession of an original note with a signed, blank indorsement to bearer affixedto a page of the note itself (ie: not an allonge, or separate instrument). Thisindorsement satisfies all of the requirements of the UCC as a valid indorsement, andis therefore not an "unsigned" indorsement, as this Court concluded in its decision.

6 673.2051. Special indorsement; blank indorsement; anomalousindorsement: (2) If an indorsement is made by the holder of an instrument and itis not a special indorsement, it is a "blank indorsement." When indorsed in blank,an instrument becomes payable to bearer and may be negotiated by transfer ofpossession alone until specially indorsed. Fla. Stat. 673.2051 (2)

7 Because the indorsement was on the back of the original page, the copy ofthe indorsement appeared as a blank page with just the indorsement on it, a factthat Appellant used to attempt to create an issue where there was none. Note thatthe Clerk of the lower court transmitted to this Court the original note, not a copy,so that this Court may view the actual document which the lower court reviewed.Refer to the back of page R. 314 for this indorsement.

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(Slip. Op. at 2)8.11. Further, the uee permits the indorsement to be made by an agent of the

indorsor, such that the signature of Humberto Alday is sufficient to bind FirstMagnus Financial Corporation to the indorsement. 9 As the "holder' of the original,properly indorsed note, Aurora Loan Services, LLewas thus entitled to enforce theinstrument. 673.3011 (1), Fla. Stat. (2007).

12. Further, to the extent that this Court's decision implies that a properlyindorsed promissory note must be "authenticated" before a Summary Judgment maybe rendered in favor of the Plaintiff who has presented the original note whichcontains a blank indorsement (or indorsement to the Plaintiff), this is a mis-statement

8 To the extent this court made a finding that the indorsement "signature"ofHumberto Alday does not qualify as a "signature" because it is hand-printed, theuee dictates that any mark may qualify as a "signature". Fla. Stat. 673.4011(2)(2010) "A signature may be made: (a) Manually or by means ofa device ormachine; and (b) By the use of any name, including a trade or assumed name, orby a word, mark, or symbol executed or adopted by a person with present intentionto authenticate a writing." Fla. Stat. 673.4011 (2010)

9Ifa person acting, or purporting to act, as a representative signs aninstrument by signing either the name of the represented person or the name of thesigner, the represented person is bound by the signature to the same extent therepresented person would be bound if the signature were on a simple contract. Ifthe represented person is bound, the signature of the representative is the"authorized signature of the represented person" and the represented person isliable on the instrument, whether or not identified in the instrument. Fla. Stat. 673.4021 (2010)

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of the law regarding negotiable instruments, as well as the Rules of Evidence.Promissory notes, as negotiable instruments, are self-authenticating documents,

under the rules of evidence." Florida Statutes 90.902(S). The UCC providesfurther for the self-authenticating nature of a negotiable instrument. Fla. Stat. 673.3081(1)(2007)11.

13. The note also qualified as an exception to the hearsay rule under theexception for Statements in documents affecting an interest in property.F Section90.S03( 15) provides that such documents are admissible in evidence even though thedeclarant is available as a witness.

"Section 90.902(8), Florida Statutes provides: Extrinsic evidence ofauthenticity as a condition precedent to admissibility is not required for: (8)Commercial papers and signatures thereon and documents relating to them, to theextent provided in the Uniform Commercial Code.

"Section 673.3081 (1), Florida Statute provides: Proof of signatures andstatus as holder in due course (1) In an action with respect to an instrument, theauthenticity of , and authority to make, each signature on the instrument isadmitted unless specifically denied in the pleadings. If the validity of a signatureis denied in the pleadings, the burden of establishing validity is on the personclaiming validity, but the signature is presumed to be authentic and authorizedunless the action is to enforce the liability of the purported signer and the signer isdead or incompetent at the time of trial of the issue of validity of the signature.

12(15) Statements in documents affecting an interest in property.- Astatement contained ina document purporting to establish or affect an interest inproperty, if the matter stated was relevant to the purpose of the document, unlessdealings with the property since the document was made have been inconsistentwith the truth of the statement or the purport of the document.

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14. For all the foregoing reasons, the Promissory note was not required to befurther authenticated in order to be considered "evidence" at the Summary Judgment

hearing.C) Reliance by the Court on the BAC Funding case was misplaced.

15. This case is factually distinguishable from BAC Funding Consortium, Inc.ISAOAIATlMA v. Jean-Jacques, 28 So. 3d 936 (Fla. 2d DCA 2010) for severalreasons. In Jean-Jacques, U.S. Bank attached an incomplete, unsigned, andunauthenticated "assignment of mortgage' as an exhibit to U.S. Bank's response toBAC's motion to dismiss, but apparently never produced into evidence a completedoriginal assignment of mortgage. 13 In addition, there is absolutely no mention in theBAC Funding case as to whether BAC Funding had surrendered an original notecontaining a blank indorsement, which would have been sufficient evidence of theright to enforce both the note and mortgage. Because this is a critical distinctionbetween the two cases, BAC Funding is not applicable herein.

16. In addition, this Court failed to take into consideration that the SecondDistrict noted that there were two distinct blanks on the Assignment of Mortgage:

13 The issue of whether a copy of an assignment of mortgage isunauthenticated hearsay is not analogous to an original promissory note, which isself authenticating pursuant to the UCC, and is explicitly an exception to thehearsay rule. In addition, Appellee did not proffer an assignment of mortgage intoevidence as it was superfluous, when Appellee was in possession of the originalnote indorsed in blank.

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first,the assignee was blank, and second, the assignment itselfwas not executed. Thecourt then concluded that such an assignment was not evidence of any transfer of the

mortgage to the Plaintiff in that case. Applying this same analysis to an indorsementon a promissory note is fraught with danger, as the two instruments themselves aredifferent, and are governed by different law, such that an "indorsement in blank" haslegal significance.

17. In applying the analysis to an original promissory note, the Court shouldconsider first, whether the indorsement is executed, or signed, and second, whetherthere is a named indorsee, or an indorsement "in blank". These facts will determinethe legal outcome, and the legal outcome will be markedly different than the outcomein analyzing an Assignment of Mortgage under the same set of facts.

18. This court concluded that the indorsement was "unsigned", which hasalready been established is a misapprehension of the facts. However, theindorsement was blank as to a named indorsee, which, under the UCC is anindorsement to "bearer", that creates a right in the possessor of the original note toenforce it, unlike the party in possession of an incomplete assignment of mortgage

with no assignee.19. Finally, the Second District in the BAC Funding case relied on Booker v.

Sarasota, Inc., 707 So. 2d 886, 888 (Fla. pt DCA 1998), which is likewisedistinguishable from the within case, as to another critical element. The

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"unauthenticated hearsay" in the Sarasota case cited by the court, related to a copyof an Allonge (not an original Allonge) that was incomplete such that the court could

not be certain that it even assigned the correct indebtedness. Under those facts,Sarasota was proper precedent for the BAC Funding case. However, because thefacts presented in the within case are completely distinguishable from both Sarasotaand BAC Funding, reliance on these cases is unfounded, and reversal of the summaryjudgment in this case is not warranted.

CONCLUSIONThe legal significance regarding the rights of a holder of an original note

containing an indorsement in blank is of great public importance. Those rights havebeen well established by the Florida Uniform Commercial Code and Florida caselaw. This Court's decision calls into question a long standing rule of law due to amis-statement of fact.

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WHEREFORE, based on the foregoing arguments and authorities, Appellee,Aurora Loan Services, respectfully requests that this Court grant rehearing, withdrawthe court's opinion and affirm the summary judgment entered below.

Respectfully submitted,

~. a17kJ,_Roy A. Diaz, Esq.Florida Bar No. 767700Diana B. Matson, Esq.Florida Bar No. 0007250Smith, Hiatt & Diaz, P .A .P.O. Box 11436Ft. Lauderdale, Florida 33339Tel: 954-564-0071Fax: 954-564-9252

CERTIFICATE OF SERVICEI HEREBY CERTIFY that a true and correct copy of the foregoing Motion forRehearing was furnished by U.S. mail ~oJerry A. Riggs, Sr., 8647 S.W. 50th Street,Cooper City, Florida 33328, on this~~ay of April, 2010.

~ _a~ k - -Roy A. Diaz, Esq.Diana B. Matson, Esq.12


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IN THE DISTRICT COURT OF APPEALOF FLORIDA FOURTH DISTRICT

CASE NO. 4D08-4635L.T. NO. 07-17670 (14)

JERRY RIGGS, SR.,Appellant,

vs.AURORA LOAN SERVICES, LLC.,

Appellee.

ON APPEAL FROM THE CIRCUIT COURT OF THE SEVENTEENTHJUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY FLORIDACIVIL DIVISION

APPENDIX TO APPELLEE'S MOTION FOR REHEARINGRoy A. Diaz, Esq.Florida Bar No. 767700Diana B. Matson, Esq.Florida Bar No. 0007250Smith Hiatt & Diaz, P . A .P.O. Box 11436Fort Lauderdale, Florida 33339Tel: 954-564-0071Fax: 954-564-9252


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TABLE OF CONTENTS

Slip Opinion rendered April 21, 2010 A1Notice of Filing Copy of Original Note asSupplemental Exhibit to the Complaint A2Affidavit of Indebtedness ; A3Affidavit to Rebut Defendants' Affirmative Defenses A4


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ppendix "1"


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DISTRICT COURT OF ApPEAL OF THE STATE OF FLORIDAFOURTH DISTRICTJanuary Term.2010

JERRY A. RIGGS, SR.,Appellant,v .

AURORA LOAN SERVICES, LLC,Appellee.No.4D08-4635

[April21, 2010]STEVENSON,J.Aurora Loan Services, LLC,filed a mortgage foreclosure action againstJerry Riggs, Sr., alleging that it was the "owner and holder" of theunderlying promissory note. Aurora filed a copy of the mortgage and acopy of the promissory note, which named Riggs as the mortgagor andFirst Mangus Financial Corporation, as the mortgagee. The promissorynote reflected an endorsement in blank," which is a stamp with a blankline where the name of the assignee could be filled in above a pre-printedline naming First Mangus. Aurora moved for summary judgment, and,at the hearing, produced the original mortgage and promissory notereflecting the original endorsement in blank. The trial court grantedsummary judgment in favor of Aurora over Riggs' objections thatAurora's status as lawful "owner and holder" of the note was notconclusivelyestablished by the record evidence. Weagree with Riggsandreverse the summary judgment.The Second District confronted a similar situation in BAC FundingConsortium, Inc. [SAOA/ ATlMA v. Jean-Jacques, 28 So. 3d 936 (Fla. 2dDCA2010), when the trial court granted alleged assignee U.S. Bank'smotion for summary judgment. In order to establish its standing to

foreclose, U.S. Bank filed an assignment of mortgage, which, asdescribed, is comparable to the endorsement in blank in the instantcase. Id. at 937. That court reversed because, inter alia, "[t]heincomplete, unsigned, and unauthenticated assignment attached as anexhibit to U.S. Bank's response to BAC's motion to dismiss did notconstitute admissible evidence establishing U.S. Bank's standing toforeclosethe note and mortgage." [d. at 939. The court in BAC Funding


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Consortium, properly noted that U.S. Bank was "required to prove that itvalidlyheld the note and mortgage it sought to foreclose." Id.In the instant case, the endorsement in blank is unsigned andunauthenticated, creating a genuine issue of material fact as to whetherAurora is the lawful owner and holder of the note and/or mortgage. Asin BAC Funding Consortium, there are no supporting affidavits ordeposition testimony in the record to establish that Aurora validly ownsand holds the note and mortgage, no evidence of an assignment toAurora, no proof of purchase of the debt nor any other evidence of aneffective transfer. Thus, we reverse the summary judgment and remandfor further proceedings. We find no merit in any of the other argumentsraised on appeal.

Reversed and remanded.GROSS, C.J., and POLEN, J,; concur.

* * *Appeal from the Circuit Court for the Seventeenth Judicial Circuit,Broward County; Thomas M. Lynch, IV, Judge; L.T. Case No. CACE07-17670 (14).Jerry A. Riggs, Sr., Cooper City, pro se.Diana B. Matson and Roy A. Diaz of Smith, Hiatt & Diaz, P.A., FortLauderdale, for appellee.Notfinal until disposition of timely filed motion for rehearing.

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Appendix "2"


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IN THE CIRCUIT COURT FOR BROW ARDCOUNTY, FLORIDA. CNIL DNISION

Plaintiff,

CASE NO. CACE07-17670-14UCN: 062007CA017670XXXXXXAURORA LOAN SERVICES, LLC,

vs.ANGELA RIGGS; PARKWOOD SUMTER PROPERTIES,INC.; MIKA RIGGS; JERRY A. RIGGS, SR.; UNKNOWNTENANT NO.1; UNKNOWN TENANT NO.2; and ALLUNKNOWN PARTIES CLAThtIING INTERESTS BY,THROUGH, UNDER OR AGAINST A NAMEDDEFENDANT TO THIS ACTION, OR HAVING ORCLAIMING TO HAVB ANY RIGHT, TITLE ORINTEREST IN THE PROPERTY HEREIN DESCRIBED,

Defendants.

NOTICE OF FILING A SUPPLEMENTAL EXHIBIT TO COMPOSITE EXHIBIT ttBttOF PLAINTIFF'S COMPLAINTPlaintiff, by and through its undersigned counsel, supplements Composite Exhibit "B" to

Plaintiffs Complaint by filing this Notice and a copy of the attached Note with the Court.CERTIFICATE OF SERVICE

I HEREBY CERTIFY that the foregoing ha s been mailed to the Court and all parties 011 theattached service list thi~ay o~~ 2007.

SMITH, HIATT &DIAZ, P.A.Attorneys for PlaintiffPOBOX 11438Fort Lauderdale, FL 33339-1438Telephone: (954) 564-0071: : ~ 5 2~:sFlorida Bar No. 0117412

6082-31292

000065


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SERVICE LISTCase No. CACE07-17670-14

UCN: 062007CA017670XXXXXXANGELA RIGGS8647 SW 50th StreetCooper City, FL 33328MIKARIGGS8647 SW 50th StreetCooper City, FL 33328JERRY A. RIGGS, SR.8647 SW 50th StreetCooper City, FL 33328UNKNOWN TENANT NO.11824/ 1826 N. 22nd AvenueHollywood, FL 33020UNKNOWN TENANT NO.2182411826 N. 22nd AvenueHollywood, FL 33020UNKNOWN TENANT NO.3182411826 N. 22nd AvenueHollywood, FL 33020UNKNOWN TENANT NO.41824/ 1826 N. 22nd AvenueHollywood, FL 33020.UNKNOWN TENANT NO.5

1824/ 1826 N. 22nd AvenueHollywood, FL 33020

UNKNOWN TENANT NO.61824/ 1826 N. 22nd AvenueHollywood, FL 33020Richard H. BergmanAttorney For PARKWOOD SUMTERPROPERTIES, INC.2001 Hollywood Blvd., Ste. 200Hollywood, FL 33020

000066


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s a:: "P R EP AY M EN T N O TE AD D EN D UM M ATTAC HED HEREro AND M ADE A PARr H ER EO F.sa:; " INTEREST -ONLY ADD . TO ARM NO TE" ATTAC HED H~O AND M ADE A P AR T H E RE O F.SEE "AD .O EN DU M TO N OTE" ATTAC HED HffiETO AND M AD EA PAR r H ffiEO F.' /MIN1-00039212654228026 A JU A E RATE NOTEv: MERS Phone: 1-888-679-6377 D ST BL L OAN NO.:

(L IB OR Six-M on th Ind ex (A s P ub lished In The f%lJ Street J ou rl 1a l) ~ R ate C aps) 1265422802

THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MYMONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE ATANY ONE TIME AND THE MAXIMUM RATE I MUST PAY.

M ARCH 13, 2006[Da le) HOl l YWOOD[City)1624 & 1826 N 22ND AVE, HOL L YWOOD, FL 33020{ P ro p er ty A d d re ss )

FL ORIDA[Slate]

1. BORROWER'S PROMISE TO PAYIn re tu rn fo r a lo an t ha t I have re ce ived , I promise to p ay U ,S . $"P rin cipal"), plus in terest, to the order of L ender. L ender isF IR ST M AG NU S FIN AN CIA L C OR PO RA TIO N, AN A RIZO NA C OR PO RA TIO N264,000,00 (th is a mo un t I s c alle d

I ill make all payments under !his N ote in the form of cash, check or m oney order.1 un derstand that L ender m ay transfer Ihis N ote. L ender or anyone w ho tak es this N ote by transfer and w ho Is entitledto re ce iv e p ayme nts u nd er this N o te I s ca lle d the "No te Ho ld e r. "2. INTERESTInterest w ill be charged on unpaid principal until the fu ll am ount of P rincipal has been paid. I w iU pay interest at ayearly rate of 8.250 %. T he in te re st ra te I w ill pay m ay ch an ge in acco rd an ce with Section 4 o f th is N o te .T he in terest rate required by this Section 2 and .~ecfion 4 of this N ote is the rate I w ill pay both befo re and after .any .d ef au lt d es cr ib ed i n S ec tio n 7(B) of tills Note. .~.\":;\.~3. P~~i!n~!d Place of Payments : , ; t ~

I w ill p ay p rin ci pa l a nd I nte re st by m ak in g a pay men t every m on th .I w ill m ake m y m onthly paym ents on the first day of each month beginning on MAY, 2006 .

I will make these payments every month until 1 have paid all of the principal and Interest and any other chargesd es cr ib ed b elo w th at I m ay ow e un der this N ote. Each m onthly paym ent w ill be applied as of its sched uled due date and w illb e applied to in terest b efo re P rin cipal. I f, o n A PR IL 0 1, 2036 , I still ow e am ounts under thisN ote, I w ill pay those am oun ts in full on that date, w hich is c alle d th e "M atu rity D ate ."

Iw ill m ak e m y m on thly paymen ts at F IR ST M AG NU S F IN AN CIA L C OR PO RA TIO N, A N A RlZ ON A C OR PO RA TIO N603 N O RT H W IL M OT ROAD, TU CS ON , A Z 85711o r at a d ifferen t place if req uired by the No te H o ld er .

(8) Amount ofMy Initial Month ly P ayme ntsE ach of m y initial m onthly paym en ts w ill be in the am ount of U .S. $may c ha ng e.(C) M onthly P ay ment C hang esC hanges in my monthly payment w ill reflect changes in the unpaid principal of my loan and in the interest rate that Imust pay. The N ote H older will determine my new in terest rate and the changed amount of my monthly payment inaccordance with Section 4 of this Note. .

1,983.34 . T his am ou nt

M ULTISTATEADJU STAB LER ATENO TE- U BO RSIXM ON TH IND EX (AS PUB LISHED IN T HE W AL L S TR EE T J OU RN AL )-Single Family - Fannie Mae UNIFORM INSTRUMENTA me nde d for F lo rid a

I n ! u . . l ' ( } : ! / ; ! : _Form 3520 1 1 01

VMP-838N(FL) {OOO5 ) P.ge 1o r 4 L EN DE R S UP PO RT S YS TE MS IN C. S 3S NF l.N EW {0 21 0~ 1

000067


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4. INTEREST RATE AND MONTBL Y PAYMBNT CHANGES(A) Change DatesT he interest rate I will pay may change on the first day of APRiL, 2009 , and on that day every6th m onth thereafter. E ach date on w bich m y interest rate could change is called a "C hange D ate."(B) The IndexBeginning w ith the first Cbange D ate, my interest rate w ill be based on an Index. The " Index" is the average ofinterbank offered rates for six m onth U '.S. dollar-denom inated deposits in the L ondon m arket ("L lB OR "). as published inTh e Wall Street Journal. T he m ost recent Index figure available as of the first business day of the month immediatelypreceding the m onth in w hich the C hange D ate occurs is called th e "Cu rr en t I n dex ."If the Index is no longer available , the N ote H older will choose a new index that is based upon comparab le

inform ation . T he N ote H older w ill g ive m e notice of this choice.(C) C alc ula tio n o f ChangesB efore each C hange D ate, the N ote H older w ill calculate m y new interest rate by addingFIVE AND OOO/1000THS p erce nta ge po in ts ( 5.000 %) to th e C urr en t

Index. T he N ote H older will then round the result o f this a dd itio n to the nearest one-eighth of o ne p er ce nta ge point(0.125%). Subject 10 the l im i ts s ta t ed in Se ctio n 4 (D ) b elo w, this ro un de d a mo un t will be m y new interest rate u ntil th e n ex tChange D ate. .T he N ote H older ' W i l l then determ ine the am ount of the m onthly pay ment that w ould b e sufficient to repay the unpaidp rin cip al t ha t Im expected to owe al the Change D ate in full on the M aturity D ate at my n ew in te re st r ate I n s ub sta ntia llyeq ual pa ym en ts. T he re su lt o f this c alc ula tio n w ill b e the new a mo un t o f m y m on thly p ay men t.(0) L im its o n I nte re st Rate ChangesT he interest rate I am required to pay at the first C hange D ate w ill not be greater than 10.250 %o r le ss tha n 8.250 %. T hereafter. m y interest rate w ill never be increased or decreased on any singleChange D ate by more than TWO AND 000/1 OOOTHS percentage po in t(s) ( 2.000 % )fro m the ra te o f in te re st I have been p ay in g f or th e p re ce din g 6 m onths. M y Interest rate wU l n ev er b e g re ate rthan 14.250 % , or les!>han 8.250 %.. (E) Effective Date of Chan ges ... .. . ' M y new interest rate w ill become effective on each Change pate. I, will pay the amount of my new monthly payment

. :~ ~e ~~ nin g O n the first m on thly pay men t d ate a fte r Ihe C ha ng e D ate u l 1 ! i l , 1 } l } am ount of m y m onthly paym ent changes again ...;:~(F)NoticeofChanges .. ';,


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7. BO RROWER 'S FA ILURE TO PAY AS REQU IR ED(A) L ate C ha rg es for Overdue PaymentsIf the N ote H older has not received the full amount of an y m onthly paym ent by the end of 15calend ar days: after the date it is due. I w ill pay a late charge to the N ote H older. T he amount of the charge wU l be

5.000 % o f m y o verd ue pa ym en t o f prin cipa l an d interest. I w ill pa y this la te c harg e pro mptly b utonly o nce on each late paym ent.

(B) DefaultIf Io not pay the full amount of each monthly payment on the date it is d ue , Iwill be Indefault.(C) Notice of DefaultIfIm in default, the N ote H older may send me a w ritten notice telling me that if Io not pay the overdue amount bya certain date. the N ote H older may require me to pa y im me dia te ly the fu ji am ou nt of P rincipal that has not been pa id a ndall the interest that low e on that amount. T hat date must be at least 30 days after the date on which the notice is mailed tom e or delivered by other m eans.(D) No Waiver By N o te H o ld erEven if. at a time when I am in default. the N ote H older does not require m e to pay immediately Inf ul l a s d es cr ib edab ove, the N ote H old er will still h av e th e rig ht to do so if I am in default at a later tim e.(E) Payment of N o te H o ld er' s C osts an d ExpensesIf the N ote H older has required m e to pay im mediately in full a s d esc rib ed a bo ve , the N ote H old er will h av e th e rig htto be paid back by me for all o f its costs and expenses in enforcing this N ote to the ex ten t not prohibited by applicable law .

T ho se e xpe nse s in clu de , fo r ex am ple, re aso na ble a tto rn ey s' fe es.8 . G IV IN G OF NOT ICESU nl es s a pp lic ab le la w re qu ir es a different m ethod, any notice that m ust be given to m e under this N ote w ill be g iven b yd elivering it or by m ailing it b y f irs t class mail to me at the P roperty A ddress above or at a d if fe re nt a dd re ss ifIive theN ote H older a n otice of m y different address.U nless the N ote H older requires a different m ethod. any notice th at must b e g ive n to the N ote H older under this N otew ill be given b y mailing it by.first c lass m ail to the N ote H older at the address stated in Section 3(A ) .above or at a differentad dre ss if Im given a n otice of t ! : t a t different address. .9. OBLIGATIONS OF'~~i~J~s UNDER TH IS NOTE : . ' ; ' , : : i : ~

I f m ore than o ne person s I g n ' s this N ote. each person Is fu lly and personally obligated to keep a i t i t > f the p rom is es m a dein this N ote, including the proiO lSe to pay the full am ount ow ed. Any person w ho is a guarantor. SIJ~ ety o r end orser of thisN ote is also obligated to do these things. A ny person who takes over these obligations, Including the obligations of aguarantor. surety or endorser of thIs N ote, is also obligated to keep all of the prom ises m ade in this N ote. T he N ote H olderm ay en force its rights under this N ote against each person Individually or against all of us together. T his m eans that anyon eof us m ay be required 10 pay all of the am ounts ow ed W Ider this N ote.10 . W A IYERS ,

I and any other person w ho has obligations under this N ote w aive the rignts of P resentment and N otice of D ishonor."P resentm ent" m eans the right to req uire the N ote H older to dem and paym ent of am ounts due. "N otice of D ishonor" m eansthe right to require the N ote H older to give notice to other persons that am ounts due have not been paid .11. U NIFO RM SECUR ED N OTE

T his N ote is a uniform instrum ent w ith lim ited variations in som e jurisdictions. In addition to the protections g iven tothe N ote H older under this N ote, a M ortgage. D eed of Trust . o r Se cu rity D ee d (the " Se cu rity In stru me nt"). d ated the sa medate as this N ote, protects the N ote H older from possib le losses that m ight result ifl do not keep the promises that I make inthis N ote. T hat Security Instrum ent describes how and under w hat cond itions I m ay be required to m ake im mediate paym entInfu ll of all am ounts low e under this N ote. Som e of those conditions read as follow s:

VMP-838N(Fl) (0005) Page 3 of 4 tnltlalslJP.-.Fonn 3520 1/01


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T ransfer o f the P roperty or a B eneficial In terest in B orrow er. A s used in this Section 18, "In terest in th eP roperly" m eans an y legal o r beneficial in terest In the P roperty , in clud in g, but no t lim ited to , those beneficialin terests tran sferred in a bo nd for d eed, con tract for deed , in stallm en t sales con tract or escro w ag reem en t, theintent of w hich is the transfer o f title b y B orrow er at a fu ture date to a purchaser .

Ifall o r any part o f the P ro perty or any Inte rest Inth e P ro perty is so ld o r tran sferred (o r if B orrow er Is no t an atu ra l p er so n and a b en eficia l in terest in B orro wer is so ld o r tran sferred ) w itho ut L en der's p rio r w ritten co nsen t,L en der m ay req uire immed iate pay men t In fu n of all s um s s ec ur ed b y this Secu rity I nstru men t. H ow ever. thisoptio n shall n ot b e ex erc ised by L en der jf such ex ercise is prohibited b y A pplicable L aw . L end er also shall no te xe rc is e t his o ptio n if: (a ) B orrow er causes to be su bm itted to L en der inform ation req uired by L en der to evalu atethe intended transferee as if a new loan w ere being m ade to ~ ja:an~fe[ee; ~ d (b ) L e nd er r ea so na bly d ete rm in esth at L e nd er 's s ec ur ity will n ot b e im pa ir ed by t he l oa n a ss umpt ion , < i f t i I ,f~t d 1e }1 ~.~ ,p fa b re ac h o f a ny c ov en an t o ra gr eem en t in th is S ec ur ity I ns tr um e nt is acceptab le to Lender. ' '" ,"T o the extent perm itted by A pplicable L aw , L end erm aycharge-a rllaso nab leJee as a con ditio n to L end er'sconsen t to the loan assum ption . L en der also may r equ ir e t he " lh inS fe re ei to " hl li i: r. an~ ,a ss umpt lon a g re emen t t ha i isacceptable to L end er and thai o bligates the tran sferee to k eep aU the prom ises'ill'W agreem enls m ade in the Noteand in this Security Instrument. B orrow er w ill .continue to .b e ,ob ll.g~ ~e~ . un der the N ote an d this SecurityInstrument unless L ender releases Borrower in w riting. " ,.,'. '" 'If L ender ex ercises the optio n to req uire im mediate paym ent in fuli, L ender shall give B orrow er n otice ofa cc ele ra tio n. T he n otic e shall provide a period of no t less than 30 days from the date the no lice is given in

accordance with Sec l ion 15 w ithin w hich B orro wer must pay aU sum s secured by th is S ec ur ity I ns tr um en t. IfB orro wer fails to pay th ese su ms prio r to th e e xpiratio n o f th is pe rio d, L en der m ay in vo ke an y rem ed ies perm ittedb y th is S ecu rity In stru men t w ith ou t fu rther n otice o r d em an d o n B orro we r.12.DOCUMENTARY TAXT he sta te d ocu me ntary tax d ue on this N ote has b een paid on th e mo rt ga ge s ec ur in g this indebtedness.W ITN ESS T HE H AN D(S) A ND SEA L(S) O F T HE UN DE RSIGN ED .

_____________ -"Seal)-Borrower

_____________ '(Seal)-Borrower

_______________ -"Seal)-Borrower

_____________ (Seal)-Borrower

______ ~ -"Seal)-Borrower

______________ -\,Seal)-Borrower

[ Sig n O rig in al O a ly ]

VMP-B36N(FL) (0005) rag. 4 Qf 4 Form 3520 1/01

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W IT HO U T R EC O U RS E,PAY TO THE OR DER OF~ S F ! N A N C I A L c d R P b R A T I b NAn Arjzona 0X,omtionB Y : "'''.i_'~~''''''iM-:'''''"11'T~",,.;:,:t7,,,,~~H u mb erto A l a y,S h ip pe r

000071


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ADDENDUM TO NOTEMIN: 100039212854228026 LOAN NO.: 1265422802M ER S P ho ne : 1B88~79~377Th is a dd en d um is made MARCH 13, 2008 a nd is i nc or po ra te d into and deemed to amend andsu pp lem en t the A dju stab le R ate N ote o f th e sam e d ate.T he p ro perty co vere d b y this ad den du m is d escrib ed I n th e S ecu rity In stru me nt an d lo cated at:1824 & 1826 N22NDAVE., HOI..l..YWOOD,FL 33020AMENDED PROVISIONSIn addition to the provisions and agreements made In the N ote, l/we fu rther coven ant and agree asfollows;ADJUSTABLE IN TER EST RATE AND MONTHL Y PAYMEN T CHANGESL im its o n Interest Rate ChangesT he in terest rate I am req uired to pay at the first C han ge D ate will n ot b e g reater than 10.250 %or less than 8.250 %. Thereafter, my adjustable interest rate w ill never be increased ord ecreased o n an y sin gle C han ge D ate by mor e th an TWO AND OOO/1000THS p er ce nta ge pO in t( s} ( 2.000 %)from the rate of in terest I have been pay ing for the preceding six (6 ) m onths. My in te re st r at e will n ev er b eg re ate r th an 14.250 %. My in terest rate w ill n ev er b e less th an 8.250 %.UNIFORM SECURED NOTET his N ote is a uniform instrum ent w ith limited variations in som e jurisd ictions. In addition to thepro tections given to the N ote H older under this N ote. a M ortgage. D eed of T rust, or Security D eed (the"Security Instru men t"), d ated the sam e d ate as this N ote. pro tects the N ote H older fro m possible losses thatm i gh t r es u lt if I do not keep the prom ises Ihat I m ake in this N ote. T hat S ecu rity In stru men t d escrib es h ow an dunder w hat cond ltlons I m ay be required to m ake im mediate paym ent in fu ll o f all am ounts low e under thisN ote. Some of.those conditions read as follow s: -; .

1ran sfl),;.o f the P ro perty o r a . B eneficial Interest in B orro wer. A s risedJnjbJs Section 18, "Interestin th e P ro pe rly ':..:! 'n ea ns a ny le ga l o r b en ef ic ia l I nte re st in th e P ro pe rty , in clu dln g.,' p " t n ot lim ited to, tho seb eneficia l int~ ;(its transferred in a b ond fo r d eed, con trac t for d eed, In staH me~ ~"sales co ntract o r escrowag reem en t, ~ eJn te nt o f w hich is th e tra ns fe r o f title b y B or ro w er a t a f utu re d ate to . ~{ ~rc ha se r.If all or any part of the P roperty or any Interest in th e P ro perty is so ld o r tran sferred (o r ifB o rro w er isn ot a n atu ral perso n an d a b en eficia l in terest in B orro we r is so ld o r tran sferred ) w itho ut L en der's prio r w ritten

co nsen t, L en der m ay req uire immed iate lay men t in fuU of all sums secured by th is S ec ur it y I ns tn u ne nt .H ow ever, this optio n shall not be ex erc ise by L ender if s u ch e xer ci se i s p roh ib it ed by Appli ca bl e L aw .If L e nd er e xe rc is es th is optio n, L en der shall g ive B orrow er n otice of accelera tio n. T he n otice shallpro vid e a perio d o f no t less than 3 0 day s fro m the date the no tice is given in accordan ce w ith Section 15 w ithinw hich B orrow er m ust pay all sum s secu red by this Security Instrum en t. If B orrow er fails to pay these sumsprio r to the expiratio n of this period, L ender m ay in vok e any rem ed ies perm Uted by this Security Instrum en tw itho ut fu rth er n otice o r d em an d o n B orro wer.

e re of , T ru sto r h as e xe cu te d th is a dd en dum.~i"

sj$fiI


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IN TE RE ST -O N I. Y A D DE ND UMTO AD JUSTABLE RA TE PROM ISSO RY NO TEMIN:100039212654228026MERS Phone: 1-888-679-6377L OA N N UM BE R: 1265422802PROPERTY ADDRESS : 1824 & 1826 N 22NDAVE., H O LL YW O O D , F L 33020

T HIS A DD EN DU M is m ad e th is 13th day of MARCH,2006 , an d i s i nc o rp o ra te d into a ndintended to form a part of the A djustable R ate N ote (the "N ote") dated the same date as this A ddendumexecuted b y the undersi gned and p ay ab le toFIRST M AG NU S F IN AN CIA L CORPORATION, A N A RIZ ON A C OR PO RA TIO N

( th e " L end e r" ).THIS ADDENDUM s up er se d es . S ec ti on 3 (A) , 3(B) , 4(C) AND 7(A) of the Note. None of the otherp ro vis io ns o f th e N o te a re chan ged b y this Addendum.3. Pl\~ElfTS

(A ) T ime and P la ce o f PaymentsI w ill pay in terest by making payments every month for the first 60 payments (the" I nt er es t-On ly P e ri od " ) in t he amoun t s uf fi ci en t to pa y in terest as it accrues. I will p ay p rin cip al a nd in te re st

by making payments. every' II?onth thereafter for the next 300 pa ym ents in a n am ount sufficie~t to fullyamor ti ze t he o u ts ta n dl Ji g' p.~?'pal balance of the N ote at the e nd of t he In te r es t-On ly Pe r iod :-ove r -1~ : t! ;. remain ingte rm o f th e N o te in e qu al rn .~ ~h 1y p ayme nts . : " . , : , : . f ; ( ..~~.?: .t..~..I will _ my monthly payments on the 1st day of each month. 1j~~nning onMAY. 2006 '. I w ill m ake these payments every month until I have paid all of the ' principal andinterest and any other charges described below that I may ow e under this N ote. E ach monthly payment w ill beapplied as of its scheduled .due date and will be applied to interest before principal. If, onAPRIL 01, 2036 r I still owe amounts under this Note, I w ill pay those amounts in full on thatda te, w hich is ca lle d the "M aturity D ate."

I will m ake m y payments at603 NO RTH W ILM O T RO AD, TUCSO N, AZ 85711or at a d iffer en t pla ce I f required by th e N o te H o ld er.

(B) Amount of M y Initial Monthly PaymentsMy initial mon th ly p aym en ts wil l be in the amount of U .S. $ 1,815.00 Thisp ayme nt amo un t is based on the orig inal prlnclpal balance of the N ote. T his paym ent amount m ay change.

FOIm603E P.gclof2IriiUBl~

l EN D ER S UP PO R T S YS TEM S ! NC . A UR IO N TE .A O D ( 08 /1 ).0 1)

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4. INTEREST RATE AND MONTHLY PAYMENT CHANGES(C) Calculation of Changes

B efo re each C han ge Date, the N ote H old er wil l c al cu la te my n ew in te re st rate by addingFIVE AND OOO/1000THS pe rce ntag e po in t(s) . ( 5,000 %) 10 th e C urren t I nd ex for su ch Change Date. T heN ote H old er will then round the result of this addition to the ne ar es t on e- ei gh th of o n e p er ce nta ge point(0,125%). Subject to the lim its stated I n Sectio n 4 (D ) b elo w, this ro un ded am ou nt wil l be m y new Interest rateuntil th e n ex t Change Date.

D urin g the Interest-Only P eriod, the N ote H older will then determ ine the amount of them on thly pay men t that would be sufficient to repay accrued in ter es t. T his will be the am ount of m y m on thlypayment until th e e ar lie r of the next Change D ate or the end of the In te r es t-Only Period unless I make avoluntary pr epa ym en t o f pr in cip al during s uc h p er io d. If 1 make a voluntary prepayment o f p rin cip al d ur in gthe Interest-Only P eriod, m y paym ent am oun t for subsequent pay men ts w ill b e red uced to the amoun t n e ce ss ar yto pay interest at the then current interest rate on the lo wer principal balance. A t the en d o f th e I nt er es t- O nlyPeriod and on each Cha ng e D ate the re afte r. th e N ote H old er w ill d ete rm in e th e am ou nt o f the monthly paymentthat would be sufficient to repay in full the unpaid p rin ci pa l th at I am expected to owe at the end of theInterest-Only P eriod or C hange D ate, as applicab le. in equ al m onthly paym en ts over the rem aining term of theN ote. T he result of this calculation will be the new amount of my monthly payment. A fter the end of theInterest-Only P eriod, m y paym ent w ill not be reduced d ue to v olu n ta ry p re pa yme nts .7. BORROWER'S FAlLURE TO PAY AS REQUIRED

' . r, ':.";~< < ; ~ ~~

. v ' , ' ~ . . ..:' ;r." , t : '; ' ~.~:. . . .

Late Charge for Overdue Paymenta : ,If the N ote H older has not r e ce ived- ,t he ;" f ul1 amount of an y monthly payment b y the end of

15 . calen dar d ay s after the d ate it Is due, I wil l p ~ y " i j l at e c ha rg e 10 the N ote H older. The amount of thecharge w ill be 5.00 % of m y o verdue paym en t of 1ntem st for fh e first 60 payments, 5.00 % ofmy o ver du e p ayme nt o f p rin cip al a nd in te re st t he re af te t< ') w ill pay this late charge promptly bu t only once on

~ : ~ * h~ " & " : ' { ; ; ; b : l d - Y ~ - = ~ ' - - t ./ + a - h ' - - " ~ ' - J . '1~/7,'----_-4(sea1) (Seal), f 7 -B o rrow er -B orrow er(A)

__________________________~s~Q ~e~-Borrow er -Borrower

________________ --I.Seal) (Seal)-B o rrow er -B o rrew er

__________________________ -I!Seal) (Seal)-B orrow er -B o rrow er

form 603 FogoZofZ

000074


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PREPAYMENT NOTE ADDENDUMM I N : 1 0 0 03 9 2 12 6 5 42 2 8 02 6 (Multi-State) L OA N N O.: 126 542 280 2M E RS P h on e: 1-888-$79~377T his P repaym ent N ote A ddendu m is m ad e this .13th day of M AR CH , 2 00 6 an dis incorporated into and shall be deemed to amend and supplement the N ote of the same date (the" N ote ") m ad e b y th e u nd ersig ne d (th e " B orro w er" ) to e vid en ce in de bte dn es s to .F IR ST M A GN US F IN AN CIA L G OR PO F?AT IO N, A N A RIZ ON A C OR PO RA TIO N(the "Lender") , which debt is secu red by a M ortgage or D eed of T rust or comparable securityinstrument (the " Se cu rity I ns trume nt" ) o f the sa me d ate an d co ve rin g the p roper ty d e sc ri be d in theS ec ur ity I ns tr um e nt a nd lo ca te d at1824 & 1826 N 2 2NDAVE ., HO LLY WO OD , F l 33020( the "P rope r ty " ) .

Additional Covenants. No tw ith st an d in g anyt hin g to the co ntrary set fortb in the N ote orS ec urity In stru me nt, B orro wer a nd L en der co ven an t, a nd ag re e, that the provisio ns of the section ofthe N ote entitled "B OR RO W ER 'S R IG HT T O P RE PA Y" are amended (0re ad as fo Uo ws:S ub ject to th e prepa ym en t pen alty p ro vid ed b elo w, Iave the right to make p aym en tsof principal at any time before they are due. A p ayme nt o f p rin cip al only is MOwn as a"prepaym ent." A "full prepaym ent" is the prepaym ent of the entire unpaid principal dueunder the N ote. A payment of only part of the unpaid principal is k no wn as a "partia lprepa ym en t." W he n Imak e a p re pa ym en t, Iwill te ll the N ote H older in w ritin g th at Imd oin g s o. I may not designate a payment as a p re pa ym e nt if I have no t made a ll th e m on th lypa)'m e~ ts due under the N ote. ... .

. 'If>~~dthinthe 36 month period beginning with tli~'dit~'Borrower executesthe Noti:.~{tbe "Penalty Period"), Borrower makes a full preifijt:ment, or partialprepaytitent in any TWaVE (12) -month period that exceeds g o ; % of the originalprincipal loan amount, Borrower will pay a prepayment charge as Consideration for theNote Holder's acceptance of such prepayment. The prepayment charge will equal theamount of interest that would accrue during a SIX ( 6 ) month period on theamount prepaid that exceeds 20 % of the original principal balance of the Note.calculated at the rate of interest in effect under the terms of the Note at the time of theprepayment, unless otherwise prohibited by applicable law or regulation. Noprepayment charge will be assessed fo r any prepayment occurring after the PenaltyPeriod.N otw ithstanding the foregoing . in the event of a full prepayment concurrent w ith abona fide sale of the P roperty to an unrelated third party after the first 0 m onths of theterm of the N ote , no prepaym ent penalty w ill be assessed . In that event, I agree to provideth e N ote H old er w ith e vid en ce a cc epta ble to the N ote H old er o f su ch sale.. .T he N ote H older will apply all prepaym ents to reduce the amount of principal that Iowe under the N ote . H ow ever, the N ote H older may apply my prepayment to the accrued

an d u npaid in tere st o n the pre pay men t am ou nt, b efo re a pply in g m y pre pay men t to red uc e theprincipal am ount of the N ote . If I m ake a partial prepaym ent. there will be no chang e in thedue dates of my monthly payments unless the N ote H older agrees in w riting to thosechanges .

~03B' MUltls1~t.Not. Add"""",,,0110 P,&" I of2!nlll'iJl~

L EN DE R S UP PO RT S ,{ ST EM S IN C. A tJ ~P PX X. AU R ( 07/QS )

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If my N ote is an A djustable R ate N ote, partia l prepayments m ay reduce the amount ofmy monthly payment after the first in terest rate Change Date follow ing the partialprepayment. H owever, any reduction due to my partial prepayment may be offset by anin te re st r at e in c re as e.T he N ote H older's fa ilure to collect a prepayment charge at the time a prepayment isreceived shall not be deem ed a w aiver of such charge. A ny prepaym ent charge not collec teda t th e tim e th e p re pa ym en t Is received sha n be pay ab le o n d em an d.

A ll other provisions of the N ote are unchanged and rem ain in full force and effect.NOTICE TO BORROWER

Do not sign this A ddendum before you read it. This A ddendum provides for thepayment of a prepayment charge if you wish to repay the loan prior to the date provided forrepayment in the Note.W ITN ESS TH E H AN D(S) A ND SEA L(S} O F TH E U NDER SIG NED :

.'.. (Seal) (Seal):~o.rrower -Borrower" -, " , ~ ' , : ".'::'


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Appendix "3"


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IN THE CIRCUIT COURT FOR BROW ARDCOUNTY, FLORIDA. CIVIL DIVISIONCASE NO. CACE07-17670-14UCN : 062007CA017670XXXXXXAURORA LOAN SERVICES, LLC,

Plaintiff,"s.

ANGELA RIGGS; PARKWOOD SUMTER PROPERTIES,INC.; MIKA RIGGS; JERRY A. RIGGS, SR.; UNKNOWNTENANT NO.1; UNKNOWN TENANT NO.2; and ALLUNKNOWN p . A ~ ~ m . ~ _ g b M M J l \ T ( J .}.NTERESTS BY,THROUGH, UNDER OR AGAINST A NAMEDDEFENDANT TO THIS ACTION, OR HAVING ORCLAIMING TO HAVE ANY RIGHT, TITLE ORINTEREST IN THE PROPERTY HEREIN DESCRIBED,

Defendants. _ _ _ _ _ 1AFFIDA VIT OF INDEBTEDNESS

STATE OF COLORADO )) SS.)OUNTY OF DOUGLAS

BEFORE ME, the undersigned authority, personal1y appeared 'PA 7 J A C 1 A '1 > S I f::b.ft'~hoafter being first duly sworn on oath deposes and says:

1. I am~f1{ tp~l6-w----of AURORA LOAN SERVICES, LLC, servicing agent toPlaintiff, and have personal knowledge of the loan that is the subject of the above captioned suit.

2. This affidavit is based upon the loan payment records of the servicing agent and theAffiant is familiar with these records. These records are regularly maintained in the day to day course ofbusiness, and it is the regular practice to make and maintain these records. These records are compiled-ina computer data bank and are utilized as a matter of daily routine practice. The purpose of these recordsis to monitor and maintain the account relating to a note and mortgage that are the subject matter of the

.: .',-~' 000174


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pending case. These records properly reflect loan payments, charges and advances that arecontemporaneously noted in the records at the time of the applicable transactions by persons whose

regular duties include recording this information.3. Plaintiff now owns and holds the note described in the Plaintiff's Complaint dated March

13, 2006, in the current principal amount of $264,000.00.4. The payment of said note was secured by a mortgage now held by Plaintiff covering the

following-described property situate in Broward County, Florida, to-wit:LOT 24, IN BLOCK 21, OF HOLLYWOOD PARK, ACCORDING TO THE PLATTHEREOF, AS RECORDED IN PLAT BOOK 4, AT PAGE 19, OF THE PUBLICRECORDS Of J~RQWARDCQl]NTY, FLORIDA.5. The payment due April 1,2007 under the note and mortgage was not timely made and the

note and mortgage are thereby in default.6. Plaintiff has elected, under the provisions of mortgage and note, to declare the entire

balance as due and payable. The obligors under the mortgage and note were notified of the default andhave not paid the sums of money due thereunder.

7. There is now due and owing to Plaintiff the following sums:A. Principal balance $264,000.00B. 8.25% interest at $59.67 per diem

from March 1, 2007 thru February 28, 2008 $21,576.12C; Advance for Taxes $D. Advance for Insurance $7,127.88E. Bankruptcy Fees and Costs $F. Pre-Acceleration Late Charges $272.25O. Property Inspections $96.00H. Brokers Price Opinion! Appraisal $190.00I. Other $


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J. Other sK. Other sL. Other sM. Other s

AMOUNT DUE: $293,262.25Less Escrow/Suspense Credit $( 0 )TOTAL: $293,262.25

8. Interest will continue to aCCTIleat the rate of 8.25 percent ($59.67 per diem).

9. The Plaintiff retained Smith, Hiatt &Q_igz, P.A. to represent it in this matter and hasagreed to pay a reasonable fee for said representation.

of satisfactory

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Appendix "4"


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fR i, "' t ,.,~"\ l_~AU' l~ L,}~~~)/~'tiN THE CIRCUIT COURT FOR BROWARDCOUNTY, FLORIDA. CIVIL DIVISIONCASE NO. CACE07-17670-14UCN: 062007CA017670XXXXXX

Plaintiff,AURORA LOAN SERVICES, LLC,

vs.ANGELA RIGGS; et al.

Defendants.- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~ /

NOTICE OF FILING AN ORIGINALPLAINTIFF'S AFFIDAVIT TO REBUT DEFENDANTS~ AFFIRMATIVE DEFENSES

Plaintiff, Aurora Loan Services, LLC, by and through its undersigned counsel, files the followingdocuments with the Court:

1. PLAINTIFF'S AFFIDAVIT TO REBUT DEFENDANTS' AFFIRMATIVEDEFENSES.

CERTIFICATE OF SERVICEI HEREBY CERTIFY that a true and correct copy of the foregoing has been mailed via U.S.

Mail to all parties on the attached service list on this __ ~ ~ ~ D F E B 2 8 2 0 G B ,2008.SMITH, HIATT &DIAZ, P.A.Attorneys for PlaintiffPO BOX 11438Fort Lauderdale, FL 33339-1438Telephone: (954) 564-0071Facsimile: (954) 564-9252B~

Daniel S. Ste~.Florida Bar No. 0117412

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SERVICE LISTCase No. CACE07-17670-14

UCN: 062007CAO 17670XXXXXXANGELA RIGGS8647 SW 50th StreetCooper City, FL 33328UNKNOWN TENANT NO. 1NKA ALICIA JACOBS1824 N. 22nd AvenueHollywood, FL 33020UNKNOWN TENANT NO.3NKA VALERlE ADAL Y1826 North 22nd AvenueHollywood, FL 33020UNKNOWN TENANT NO.4NKA THELMA ADAL Y1826 North 22nd AvenueHollywood, FL 33020Richard H. BergmanAttorney For PARKWOODSUMTER PROPERTIES, INC.2001 Hollywood Blvd., Ste. 200Hollywood, FL 33020MlKARIGGS8647 SW 50th StreetCooper City, FL 33328JERRY A. RIGGS, SR.8647 SW 50th StreetCooper City, F L 33328

000203


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IN THE CIRCUIT COURT FOR BROW ARDCOUNTY, FLORIDA. CIVIL DIVISIONCASE NO.;;CACE07-17670-14UCN: 062007CA017670XXXXXXAURORA LOAN SERVICES, LLC,

Plaintiff,vs.ANGELA RIGGS; et a1.

Defendants.---------------------------------~/

PLAINTIFF'S AFFIDAVIT TO REBUT DEFEDANTS' AFFIRMATIVE DEFENSESSTATE OF C J zCOUNTY OF 'yO\t&lli(

)) SS.

). 1tT tf /'A A_ v-, r,: ftklOCBElj'ORE ME the undersigned authority, personal1y appearedB~~Ult::l \_;;;;" /(JJ/1 ,who

after being first duly sworn on oath deposes and says:1. I am. : ? 1 & W C p(UUh~AURORA LOAN SERVICES, LLC. ("Aurora") and

I have personal knowledge of the loan that is the subject of the above captioned suit.2. I am a custodian of the business records of the Plaintiff conceming the Note and Mortgage

and other loan documents that are the subject matter of this lawsuit. Such records were made at or nearthe time by a person with knowledge and from information transmitted by a person with knowledge. Such

records were kept in the course of the regularly conducted business activity of the Plaintiff and it was thei:~egularpractice of the Plaintiff to make such records.

j'. Lillis affidavit is based upon the records of Aurora and the Affiant is familiar with theserecords. These records an..regularly maintained in the day-to-day course of business, and it is the regularpractice to make and maintai., these records. These records are compiled in a computer data bank and

000204


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are utilized as a matter of daily routine practice. The purpose of these records is to monitor and maintainthe account relating to a note and mortgage that are the subject matter of the pending case.

4. Aurora as owner and holder of the subject note and mortgage are entitled to enforce thesame. TI1atDefendant, MlKA RJGGS defaulted on the subject loan by failing tomake payments pursuantto the terms of the note and mortgage.

5. In response to the allegation that prior to the filing of the foreclosure action, the Defendantsreinstated the loan as agreed on July 31,2007 in the sum of $13,000.00, the Affiant states there was noagreement to reinstate the loan at $13,000.00. In addition, Aurora never received any payments towardthe reinstatement of the loan.

6. That on August 1,2007, MIKA RIGGS calledto request the amount required to reinstatethe loan and was informed that it would be at least $16,000.00 and the appropriate fees and costs wouldhave to requested from their counsel ,

7. Aurora instructed counsel to prepare the appropriate reinstatement letter including an teesand costs for MIKA RIGGS. The total amount required to reinstate the loan was $17,939.95 goodthrough August 10,2007.

8. Aurora has not received the amount required to reinstate the loan and the loan has beenin default since April 1,2007. (~

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brief - riggs v, aurora +motion+for+rehearing

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