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TNTHE CIRCUIT COURT FOR PALM BEACH

COUNTY, FLORIDA. CIVL DryISION

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
CINA
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

YORK AS TRUSTEE FOR TI{E CERTIFICATEHOLDERS CWALT, tNC. ALTERNATTVE LOAN

TRUST 200542CB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 200542CB., sues the

Defendants, TRISHA L. MARTIN; WILLI.AM A. MARTIN; TIIE UMTED STATES OF AMERICA;

REGIONS BANK SUCCESSOR TO AMSOUTH BANK; TERRACINA HOMEOWNERS'

ASSOCLATION, INC.; TINKNOWN TENANT NO. l; UNKNOWN TENANT NO. 2; and ALL

LTNKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH, UNDER OR AGAINST A


NAMED DEFENDANT TO THIS ACTION, OR HAVING OR CLAIMING TO HAVE ANY

RIGHT, TITLE OR INTEREST IN TI{E PROPERTY HEREIN DESCRIBED, and alleges:

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

personal jurisdiction over the parties.

4. CONDITIONS PRECEDENT: All conditions precedent to the filing of this action have

been met by Plaintiff.

5. FDCPA: Plaintiffhereby provides Defendant(s) with verification notice as required under

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

hereto as Plaintiffs Exhibit "A".

MORTGAGE FOREqI,p. .SURE

6. FORECLOSURE ACTION: This is an action to foreclose a mortgage on real property

(hereinafter the "proper(y") in Palm Beach County, Florida, more particularly described in the mortgage

attached hereto as Exhibit "B".

7. EXECUTION AND DEL.I_VERY qENOTE & MpRfqAGE: On June 28,2005,

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

Plaintiff. Plaintiffowns and holds the note and morlgage.

9. OWNER OF Trm PROPERry: The Defendant(s) WILLIAM A. MARTIN AND

TRISHA L. MARTIN, own(s) the property.

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

note and mortgage.

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

lien, if any, is subordinate and inferior to the lien of Plaintiffs mortgage.


14. Defendant(s), REGIONS BANK SUCCESSOR TO AMSOUTH BANK may claim

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.

15. Defendan(s), TERRACINA HOMEOWNERS'ASSOCLATION, [NC., may claim

some interest in the subject property arising from unpaid assessments. This interest if any, is inferior to

PlaintifPs mortgage.

16. Defendants, LJNKNOWN TENANT NO. I and UNKNOWN TENANT NO. 2,

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.

17. Defendants, ALL IiNKNOWN PARTIES CLAIMING fNTERESTS BY, TI{ROUGH,

LNDER OR AGAINST A NAMED DEFENDANT TO THIS ACTION, OR HAVING OR

CLAIMING TO HAVE ANIY zuGHT, TITLE OR INTEREST IN THE PROPERTY HEREIN

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

inferior to Plaintiff's mortgage.

WHEREFORE, Plaintiff prays as follows:

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

Plainti ff from 0re Defendants.

c) That the sum of money found to be due as aforesaid be decreed by this Court to be a

lien upon the lands described in Plaintiffs mortgage.

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

Plainti$ the said land be sold to satisft said lien.

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

instirution of this suit.

f) That all right, title or interest of the Defendants or any person claiming by, through or

under them be forever baned and foreclosed.

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.

SMITH, HI,ATT & DIAZ, P.A.


Attorneys for Plaintiff
PO BOX r 1438
Fort lauderdale, FL 33339-1438
Telephone: (954) 564-0071
Facsimile: (954) 5&-9252

By:

Florida Bar No.: 0030143


FAIR DEBT COLLECTION PRACTICES ACT VALIDATION

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.

SMITTI, HIATT & DTAZ, P.A.


Attomeys for Plaintiff
PO BOX I1438
Fort Lauderdale, FL 33339-1438
Telephone: (954) 564-0071
Facsimile: (954\ 564-9252

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:CHER,YL SAJTIONS
ASSISTANT SECNETARY

STATts OF FLORIDA
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