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IN THE DISTRICT COURT OF APPEAL

THIRD DISTRICT
LESZEK LADOWSKI, ET AL
Appellant,
vs.
WASHINGTON MUTUAL BANK
Appellee.
ORIGINAL RECORD ON APPEAL
FROM THE CIRCUIT COURT OF
MIAMI-DADE COUNTY, FLORIDA
CIVIL ACTION CASE NO. 07-33380
DISTRICT COURT CASE NO. 14-79
ALEX F. ARREAZA, ESQ.
ARREAZA LAW FIRM, LLC
320 WEST OAKLAND PARK BLVD.
WILTON MANORS, FL 33311
ATTORNEY FOR APPELLANT
ANDREW ARIAS, ESQ.
P.O. BOX 9908
FORT LAUDERDALE, FL 33310
ATTORNEY FOR APPELLANT
JASON STORRINGS, ESQ.
1800 NW 49TH STREET, STE 120
FORT LAUDERDALE, FL 33309
ATTORNEY FOR APPELLEE
VOLUME I ••
PAGES 1 TO 203
Print Date: 02/18/2014
DCA CN: 14-79
Case Style: LESZEK LADOWSKI, ET AL
VS WASHINGTON MUTUAL BANK
CASE
DOCKETS
DATE PLEADING DESCRIPTION
01/10/2014 NOTICE OF APPEAL BK:28985 PG:2296
c=J12/23/2013 MOTION FOR REHEARING
c=J12/17/2013 AFFIDAVIT FOR ATTY FEE AND COSTS
c=Jl2/17/2013 AFFIDAVIT AS TO ATTORNEY FEES
c=Jl2/17/2013 NOTICE: AFFIDAVIT OF TIME AND EFFORT
c=Jl2/12/2013 HUBBART, GERALD
Page 1 of 3
LC CN:07-033380-CA-01
Judge Section: 7 o
c=J12/12/2013 EXHIBIT LIST ORG.NOTE,COPY OF MORTGAGE,DEMAND LETTER, ETC.
c=Jl2/12/2013 EXHIBIT LIST EXHIBITS SCANNED(ORIG NOTE AND COPY OF MORT)
c=Jl2/12/2013 FINAL JUDGMENT N $ 586191.29 BK:28949 PG:4768 DNOl DN02 DN03
c=J12/12/2013 MTGE FORECLOSURE SALE DATE 02/25/2014 09:00 AM
c=J12/12/2013 ORDER: GRANTING PLTS MTN TO DISMISS AND WITHDRAW COUNT I OF COM
c=Jl2/12/2013 CLOSING JUDGE NAME HUBBART, GERALD
c=Jll/15/2013 MOTION TO DISMISS
c=Jl0/31/2013 NOTICE: OF SERVICE OF ORDER
c=Jl0/31/2013 WITNESS LIST PNOl
c=Jl0/22/2013 ORD SETTING NJ TRIAL CRTRM 3-1 12/12/2013 09:00 AM
c=Jl0/09/2013 NOTICE OF TRIAL (CASE AT ISSUE)
c=J08/08/2013 RESPONSE TO REQUEST FOR PRODUCTION
c=J02/20/2013 NOTICE: CHANGE OF FIRM NAME
c=J02/14/2013 MOTION FOR EXTENSION OF TIME
c=JOl/22/2013 REQUEST FOR PRODUCTION
c=JOl/22/2013 REQUEST FOR PRODUCTION
c=JOl/09/2013 MOTION FOR PROTECTIVE ORDER
c=JOl/08/2013 NOTICE OF FILING: LETTER FROM JANUARY 7, 2013
c=JOl/04/2013 RESPONSE: TO DEFENDANTS NOTICE OF TAKING DEPOSITION
c=Jll/30/2012 NOTICE OF TAKING DEPOSITION
c=J09/21/2012 ORDER: CASE OFF CALENDER DUE TO FILE IS MISSING
c=J09/19/2012 MOTION TO STRIKE
c=J09/19/2012 NOTICE OF INTERROGATORY
c=J09/18/2012 NOTICE OF FILING: FROM DEFENDANT REGARDING REFUSAL TO ACCEPT MORT
c=J09/12/2012 MOTION TO STRIKE
c=J09/ll/2012 MOTION TO STRIKE
c=J09/05/2012 MOTION FOR SUMMARY JUDGMENT
c=J09/05/2012 TEXT WITNESS & EXHIBIT LIST (DEFENDANTS)
c=J08/01/2012 ORD SETTING NJ TRIAL CRTRM 3-1 09/21/2012 09:30 AM
c=J07/26/2012 AMENDED ANSWER ATTORNEY:88888888 DNOl
CaseDock.Frx Print Date: 02/18/2014
Print Date: 02/18/2014
DCA CN: 14-79
CASE
DOCKETS
Page 2 of 3
Case Style: LESZEK LADOWSKI, ET AL
VSWASHINGTON MUTUAL BANK
Select
LC CN:07-033380-CA-01
Judge Section: 7 o
YIN DATE PLEADING DESCRIPTION
07/26/2012 MOTION: FOR APPLICABLE LEAVE OF COURT
[]07/26/2012 NOTICE OF FILING: ORIG. SPECIAL LIMITED DURABLE POWER OF ATTY
[]07/26/2012 NOTICE OF FILING: ORIG. SPECIAL LIMITED DURABLE POWER OF ATTY
[]07/23/2012 ENTERED OR DUPLICATED IN ERROR ORDD
[]07/23/2012 ORDER: VACATING FORECLOSURE TRIAL SET FOR 7/27/12
[]07/20/2012 TEXT PLNT AMENDED WITNESS & EXHIBIT LIST
[]07/18/2012 NOTICE: OF WITHDRAWAL OF AFFIDAVIT OF INDEBTEDNESS
[]07/16/2012 MOTION FOR SUMMARY JUDGMENT
[]07/05/2012 ORD SETTING NJ TRIAL CRTRM 22A 07/27/2012 08:45 AM
[j06/19/2012 ORDER GRANTING SHOWING OF GOOD CAUSE (FWOP CALN)
[]06/14/2012 NOTICE: OF SERVICE FOR FORECLOSURE UNIFORM ORDER .. ETC
[]06/14/2012 WITNESS LIST PNOl AND EXHIBIT LIST
[]05/18/2012 ORDER: TO PLT TO SUBMIT CURRENT, ACCURATE SVC LIST & STAMPED
[]05/10/2012 ORDER OF REFERRAL TO MEDIATION UNIT
[]05/10/2012 ORDER SETTING NON-JURY TRIAL 07/16/2012 11:00 AM
[]05/10/2012 ORDER FOR SUBSTITUTION OF COUNSEL ATY:88888888 PNOl AMEND
[j04/13/2012 NOTICE HEARING- MOTIONS 05/09/2012 09:00AM LS:Ol/10
[]04/13/2012 MOTION: AMEND PLEADING
[]04/13/2012 MOTION: TO AMENDED PLEADINGS & SUBSTITUTE PARTY PLTF'
[]04/13/2012 NOTICE OF APPEARANCE ATTORNEY: 00055402 PNOl
[]03/14/2012 FWOP NOTICE GENERATED 06/18/2012 09:00 AM
[]03/22/2011 AFFIDAVIT AS TO ATTORNEY FEES
[]03/22/2011 NOTICE OF FILING: AFFO AS TO ATTORNEYS FEES
[]07/06/2010 MOTION: TO SET ASIDE REINSTATEMENT OF FORECLOSURE COMPLAINT
[]06/29/2010 MOTION: ATY:00676071 R: 6153 TO REINSTATE MATTER AS PENDING
[]06/29/2010 ORDER FOR REINSTATEMENT OF CASE BK:27345 PG:0785 DNOl DN02 DN03
[]02/02/2010 NOTICE HEARING- MOTIONS 04/23/2010 10:00 AM
[jOl/29/2010 ORDER OF DISMISSAL (F.W.O.P.) BK:27173 PG:3251 DNOl DN02 DN03
c=Jol/29/2010 NOTICE: OF STATUS
[jl0/29/2009 FWOP NOTICE GENERATED 01/29/2010 03:00 PM
[jl0/01/2008 ORDER: GRANTING MTN TO WITHDRAW AS ATTORNEY
[]09/16/2008 NOTICE NOT PROCESSED, CAL FULL 10/01/2008 09:30 AM
[]09/16/2008 MOTION TO WITHDRAW
[]08/27/2008 MOTION TO WITHDRAW
[]08/13/2008 NOTICE HEARING- MOTIONS 10/01/2008 09:30 AM
[j08/13/2008 RECORDED DOCUMENT BK:26534 PG:0755 NOTICE OF DROPPING, JOHN DOE
CaseDock.Frx Print Date: 02/18/2014
Print Date: 02/18/2014
DCA CN: 14-79
CASE
DOCKETS
Page 3 of 3
Case Style: LESZEK LADOWSKI, ET AL
VSWASHINGTON MUTUAL BANK
LC CN:07-033380-CA-01
Select
Judge Section: 7 o
YIN) DATE PLEADING DESCRIPTION
11/02/2007 SERVICE RETURNED BADGE # 459 P 10/13/2007 DN01
c=Jll/02/2007 SERVICE RETURNED BADGE # 459 P 10/13/2007 DN05
c=Jll/02/2007 SERVICE RETURNED BADGE # 1442 P 10/11/2007 DN02
c=Jll/02/2007 SERVICE RETURNED BADGE # 1497 P 10/17/2007 DN03
c=Jll/02/2007 SERVICE RETURNED BADGE # 1497 P 10/17/2007 DN04
c=Jll/02/2007 TEXT SUM RTN NO SVC ON JOHN DOE
c=Jll/02/2007 TEXT SUM RTN NO SVC ON JANE DOE
c=Jl0/31/2007 ANSWER AND AFFIRMATIVE DEFENSE ATTORNEY:00197807 DNOl DN05
c=Jl0/30/2007 ANSWER AND AFFIRMATIVE DEFENSE ATTORNEY:00088315 DN03 DN04
c=Jl0/23/2007 ANSWER ATTORNEY:00037168 DN02
c=Jl0/12/2007 LIS PENDENS BK:25984 PG:1572
c=Jl0/02/2007 CIVIL COVER
c=Jl0/02/2007 COMPLAINT
c=Jl0/02/2007 SUMMONS ISSUED DNOl DN02 DN03 DN04 DN05
86 dockets found for 07-033380-CA case.
CaseDock.Frx Print Date: 02/18/2014
DATE OF FILING
OCT 02, 2007
OCT 02, 2007
OCT 12, 2007
OCT 23, 2007
OCT
3 0'
2007
OCT 31, 2007
AUG 13, 2008
AUG 13, 2008
AUG 13, 2008
AUG 13, 2008
AUG 27, 2008
SEP 16, 2008
OCT 01, 2008
JAN 29, 2010
JUN 29, 2010
CLK/CT 202 REV.10/00
INDEX RECORD ON APPEAL
KIND OF INSTRUMENT
VOLUME I
CASE DOCKETS ON CASE #07-033380 CA
CIVIL COVER SHEET
COMPLAINT
NOTICE OF LIS PENDENS
ANSWER TO MORTGAGE FORECLOSURE COMPLAINT
DEFENDANT'S JORGE TORRECILLA AND MIGDALIA
TORRECILLA, ANSWER AND AFFIRMATIVE DEFENSES
ANSWER TO PLAINTIFF'S COMPLAINT AND AFFIRMATIVE
DEFENSES
MOTION FOR SUMMARY FINAL JUDGMENT OF FORECLOSURE
AFFIDAVIT OF COSTS
AFFIDAVIT OF TIME AND EFFORT
AFFIDAVIT AS TO ATTORNEY'S FEES
CLERK'S NOTE
THE FOLLOWING PLEADING COULD NOT BE LOCATED
BY THE APPEAL CLERK
MOTION TO WITHDRAW
AMENDED MOTION TO WITHDRAW
ORDER: GRANTING MTN TO WITHDRAW AS ATTORNEY
ORDER OF DISMISSAL (F.W.O.P.) BK:27173 PG:3251
DNOl DN02 DN03 DN04 DN05
ORDER FOR REINSTATEMENT OF CASE BK:27345 PG:0785
DNOl DN02 DN03 DN04 DN05
PAGES
1
2-41
42
43-44
45-47
48-49
50-52
53-55
56
57-60
61
62-63
64
65
Clerk's web address: www.miami-dadeclerk.com
DATE OF FILING
JUN 29, 2010
JUL 06, 2010
MAR 22, 2011
APR 13, 2012
MAY 10, 2012
MAY 10, 2012
MAY 10, 2012
JUN 14, 2012
JUN 19, 2012
JUL 05, 2012
JUL 16, 2012
JUL 20, 2012
CLK/CT 202 REV.10/00
INDEX RECORD ON APPEAL
KIND OF INSTRUMENT
EX PARTE MOTION TO REINSTATE MATTER AS PENDING
MOTION: TO SET ASIDE REINSTATEMENT OF FORECLOSURE
COMPLAINT
SECOND AFFIDAVIT AS TO ATTORNEYS' FEES
MOTION TO AMEND PLEADING AND SUBSTITUTE PARTY
PLAINTIFF
ORDER TO AMEND PLEADINGS AND SUBSTITUTE PARTY
PLAINTIFF
ORDER SETTING NON-JURY TRIAL 07/16/2012 11:00 AM
ORDER OF REFERRAL TO MEDIATION
PLAINTIFF'S WITNESS AND EXHIBIT LIST
CLERK'S NOTE
THE FOLLOWING PLEADING COULD NOT BE LOCATED
BY THE APPEAL CLERK
ORDER GRANTING SHOWING OF GOOD CAUSE (FWOP CALN)
CLERK'S NOTE
THE FOLLOWING PLEADING COULD NOT BE LOCATED
BY THE APPEAL CLERK
ORDER SETTING NJ TRIAL CRTRM 22A 07/27/2012 08:45
AM
DEFENDANT'S DOUBLE MOTION(S) MOTION FOR SUMMARY
JUDGMENT AGAINST PLAINTIFF & ETC
PLAINTIFF'S AMENDED WITNESS AND EXHIBIT LIST
PAGES
66-67
68-69
70-71
72-74
75
76-77
78-79
80-82
83-133
134-136
Clerk's web address: www.miarni-dadeclerk.com
DATE OF FILING
JUL 23, 2012
JUL 26, 2012
JUL 26, 2012
JUL 26, 2012
AUG 01, 2012
SEP 05, 2012
SEP 05, 2012
SEP 11, 201°2
SEP 12, 2012
SEP 18, 2012
SEP 19, 2012
SEP 21, 2012
OCT 22, 2013
OCT 31, 2013
NOV 15, 2013
CLK/CT 202 REV.10/00
INDEX RECORD ON APPEAL
KIND OF INSTRUMENT
ORDER VACATING FORECLOSURE UNIFORM ORDER SETTING
TRIAL DATE FOR JULY 27, 2012
DEFENDANT'S LESZEK LADOWSKI NOTICE OF FILING
ORIGINAL SPECIAL LIMITED DURABLE POWER OF ATTORNEY
DEFENDANT'S JADWIGA LADOWSKI NOTICE OF FILING
ORIGINAL SPECIAL LIMITED DURABLE POWER OF ATTORNEY
DEFENDANT'S TWO (2) AMENDED ANSWERS AND MOTION FOR
APPLICABLE LEAVE OF COURT
ORD SETTING NJ TRIAL CRTRM 3-1 09/21/2012 09:30 AM
DEFENDANT'S WITNESS AND EXHIBIT LIST
DEFENDANT'S VERIFIED MOTION FOR SUMMARY JUDGMENT
AGAINST PLAINTIFF & ETC
VOLUME II
DEFENDANT'S MOTION TO STRIKE PLAINTIFF'S EXHIBIT
LIST
DEFENDANT'S VERIFIED MOTION TO STRIKE PLAINTIFF'S
WITNESS LIST
DEFENDANT'S NOTICE OF FILING DEFENDANT'S AFFIDAVIT
DEFENDANT'S VERIFIED MOTION TO STRIKE PLAINTIFF'S
PLEADINGS AND IMPOSE APPLICABLE SANCTIONS
ORDER: CASE OFF CALENDER DUE TO FILE IS MISSING
ORD SETTING NJ TRIAL CRTRM 3-1 12/12/2013 09:00 AM
PLAINTIFF'S WITNESS AND EXHIBIT LIST
DEFENDANT'S MOTION TO DISMISS COMPLAINT TO
FORECLOSE MORTGAGE
PAGES
137
138-140
141-143
144-147
148-150
151-152
153-203
204-214
215-225
226-229
230-232
233
234-236
237-239
240-241
Clerk's web address: www.miarni-dadeclerk.com
DATE OF FILING
DEC 12, 2013
DEC 12, 2013
DEC 17, 2013
DEC 17, 2013
DEC 17, 2013
DEC 23, 2013
JAN 10, 2014
DEC 12, 2012
CLK/CT 202 REV.10/00
INDEX RECORD ON APPEAL
KIND OF INSTRUMENT
FINAL JUDGMENT
EXHIBIT LIST ORG.NOTE,COPY OF MORTGAGE,DEMAND
LETTER, ETC.
AFFIDAVIT AS TO ATTORNEYS' FEES
AFFIDAVIT OF TIME AND EFFORT
AFFIDAVIT OF COSTS
MOTION FOR REHEARING AND TO VACATE FINAL JUDGMENT
NOTICE OF APPEAL
Certified copy (copies) of the following
instrument(s) transmitted to the District
Court has been numbered to coincide with
the original
PLAINTIFF'S MOTION TO DISMISS AND/OR WITHDRAW COUNT
I IS HEREBY GRANTED
PAGES
242-246
247
248
249
250-252
253-255
256
257-258
Clerk's web address: www.miami-dadeclerk.com



IN THE CIRCUIT COURT OF THE
11 TH JUDICIAL CIRCUIT, IN AND FOR
DADE COUNTY, FLORIDA
CIVIL DIVISION . CA 1 0
CASE NO.: \) 1-°3 '3 8 Q
WASHINGTON MUTUAL BANK,
Plaintiff,
vs.
LESZEK LADOWSKI; GROVES AT
CUTLER HOMEOWNERS
ASSOCIATION, INC.; JORGE
TORRECILLA; MAG DALIA
TORREECILLA; JADWIGA LADOWSKI;
JOHN DOE; JANE DOE AS UNKNOWN
TENANT (S) IN POSSESSION OF THE
SUBJECT PROPERTY,
Defendants.
CIVIL COVER SHEET
F-\ LE 0
OC1 o 2 2007
HARVEY RUVIN
. , CUil & COUNTY COURTS
cu:.RK, C1R -
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
Court for the purpose of reporting judicial workload data pursuant to Florida Statute §25 .07 5.
Domestic Relations
l;]Simplified dissolution
QDissolution
l;JSupport- IV-D
l;]Support- Non IV-D
l;JURESA - IV-D
Torts
l;]Professional Malpractice
l;]Products liability
QAuto negligence
l;JOther negligence
i;]Other
Other Civil
I;] Contracts
QCondominium
~   e a l property/
Mortgage foreclosure
QEminent domain
IS JURY TRIAL DEMANDED IN COMPLAINT?
D Yes No
Dated this \ day of 0L1-o be f'"'
-----
'2007.
07-19992
Law Offices of Marshall C.Watson, P.A.
1800 N.W. 49TH Street, Suite 120
Fort Lauderdale, FL 33309
Telephone: (954) 453-0365
(800) 441-2438
Facsimile: (954) 771-6052
By: 010 cz{fj2
~ Tenia Hunter, Esq.
Bar Number: 0016635
1
'r
I\
'

WASHINGTON MUTUAL BANK,
Plaintiff,
VS.
I/I

IN THE CIRCUIT COURT OF THE
11 TH JUDICIAL CIRCUIT, IN AND FOR
DADE COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: ()7-3 3 3 8 QCA 1 0
'LESZEK LADOWSKI; GROVES AT
CUTLER HOMEOWNERS
ASSOCIATION, INC.;   -1PJORGE
TORRECILLA; L MAGDALIA
TORREECILLA; -JADWIGA LADOWSKI;
JOHN DOE; JANE DOE AS UNKNOWN
TENANT (S) IN POSSESSION OF THE
SUBJECT PROPERTY,
Defendants.
COMPLAINT
The Plaintiff, WASHING TON MUTUAL BANK, sues the Defendants named in the caption
hereof and alleges:
COUNT I
1. This is an action to reestablish a promissory note under Section 673 .3091 Florida Statutes.
2. On October 25, 2002 at DADE County, Florida, LESZEK LADOWSKI AND JADWIGA
LADOWSKI executed and delivered to WASHINGTON MUTUAL BANK, FA, A FEDERAL
ASSOCIATION, a promissory note in the principal amount of$ 360,000.00. Attached hereto is a
substantial copy of the note.
3. Plaintiff is the owner of said note.
4. The original promissory note was lost or destroyed subsequent to Plaintiffs acquisition thereof,
the exact time and manner of said loss or destruction being unknown to Plaintiff.
5. Plaintiff was in possession of the promissory note and was entitled to enforce it when loss of
possession occurred.
6. The loss of possession was not the result of a transfer by Plaintiff or a lawful seizure.
7. Plaintiff cannot reasonably obtain possession of the promissory note because its whereabouts
cannot be determined. Said note is not in the custody or control of Plaintiff.
8. The Defendants named in this Complaint are the only persons known to Plaintiff who are
interested for or against reestablishment of the subject note.
07-19992
2
\ 1
. _,
'
• •
9. Plaintiff agrees to the entry ofa Final Judgment of Mortgage Foreclosure requiring it indemnify
and hold harmless the Defendants obligor( s) of the promissory note by reason of a claim by
another person/entity attempting to enforce the lost note herein.
WHEREFORE, Plaintiff demands this court re-establish the Lost Promissory Note.
COUNT II
10. This is an action to foreclose a mortgage on real property in DADE County, Florida.
11. On October 25, 2002 , LESZEK LADOWSKI AND JADWIGA LADOWSKI executed and
delivered a promissory note and Mortgage securing payment of the same to WASHING TON
MUTUAL BANK, FA, A FEDERAL ASSOCIATION, which mortgage was recorded in the
Official Records Book 20765, Page 4604, of the Public Records of DADE County, Florida and
which mortgaged the property described therein, then owned by and in possession of said
mortgagor. A copy of the note and mortgage are attached hereto and made a part hereof.
12. Plaintiff is the owner of said note.
13. Defendant(s), LESZEK LADOWSKI AND JADWIGA LADOWSKI, own(s) the property.
14. There has been a default under the note and mortgage held by Plaintiff in that the payment due
June 01, 2007 and all subsequent payments have not been made. Plaintiff declares the full amount
due under the note and mortgage to be now due.
15. All conditions precedent to the filing of this action has been performed or has occurred.
16. There is now due, owing and unpaid to the Plaintiff as of the date of the filing of this complaint
the following amounts on principal of said note and mortgage: unpaid principal
balance: $ 352,839.15, plus interest, escrow, title search expenses for ascertaining necessary
parties to this suit, title search, title exam, filing fee, and attorneys fees and costs.
17. Plaintiff has obligated itself to pay the undersigned attorneys a reasonable fee for their services
herein, Pursuant to the loan documents Plaintiff is entitled to an award of attorneys fees.
18. Defendants, JOHN DOE and JANE DOE, as Unknown Tenant(s) in possession of the subject
property, may claim some interest in or lien upon the subject property arising from being in actual
possession of same, but interest, if any, is subject and inferior to the lien of Plaintiffs mortgage.
19. The Defendant, GROVES AT CUTLER HOMEOWNERS ASSOCIATION, INC. may claim
some interest in or lien upon the subject property by virtue of Any unpaid Dues and/or
Assessments; Claim of Lien, which is recorded at Official Records Book 22063, Page 3411 of the
Public Records of DADE County. Said interest, if any, is subject and inferior to the lien of
Plaintiffs mortgage.
20. The Defendant, JORGE TORRECILLA may claim some interest in or lien upon the subject
property by virtue of Mortgage, which is recorded at Official Records Book 23394, Page 678 of
07-19992
3
)
• •
the Public Records of DADE County. Said interest, if any, is subject and inferior to the lien of
Plaintiff's mortgage.
21. The Defendant, MAGDALIA TORREECILLA may claim some interest in or lien upon the
subject property by virtue of Mortgage, which is recorded at Official Records Book 23394, Page
678 of the Public Records of DADE County. Said interest, if any, is subject and inferior to the lien
of Plaintiff's mortgage.
WHEREFORE, Plaintiff prays as follows:
(a.) That this Court will take jurisdiction of this cause, the subject matter and the parties hereto.
(b.) That this Court ascertain and determine the sums of money due and payable to the Plaintiff from
the Defendant(s), including without limitation principal, interest, advances, attorney fees, and
costs pursuant to the loan documents.
(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 Plaintiff's mortgage.
(d.) That such lien be foreclosed in accordance with the rules and established practice of this Court,
and upon failure of the Defendants to pay the amount of money found to be due by them to the
Plaintiff, the said land be sold to satisfy 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
institution of this suit.
(f.) That all right, title or interest of the Defendants or any person claiming by, through or under them
be forever barred and foreclosed.
(g.) That this Court grants general relief in this cause as in its discretion might be just and proper
including, but not limited to, a deficiency judgment, except where a discharge is applicable, ifthe
proceeds of the sale are insufficient to pay Plaintiff's claim.
07-19992
Law Offices of Marshall C.Watson, P.A.
1800 N.W. 49TH Street, Suite 120
Fort Lauderdale, FL 33309
Telephone: (954) 453-0365
(800) 441-2438
Facsimile: (954) 771-6052
 
Tenia Hunter, Esq.
Bar Number: 0016635
4
I I
I l
Managing Attorney
Marshall C. Watson
Associate Attorneys
Bouavone Amphone
Kathleen Angione
Patricia A. Arango
Anissa Bolton
Laura M. Carbo
Linda Chelvam
Caryn A. Graham
Of Counsel
John A. Watson
October 1, 2007

LAW OFFICES
OF MARSHALL C. WATSON
1800 NORTH WEST 49TH STREET, SUITE #120
FORT LAUDERDALE, FLORIDA 33309

Telephone (954) 453-0365
Facsimile (954) 771-6052
Associate Attorneys
Sara J. Hovsepian
Tenia Hunter
Sean Moloney
Wm. David Newman, Jr.
Mark Olivera
Christina J. Pryor
AmyM.Post
Karen A Thompson
Tia Gibbs
Scott R Weiss
NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT
15 U.S.C. SECTION 1692, AS AMENDED
RE: Property Address:
Owner:
Mortgagor:
Our File#:
8141SW170TH TERRACE MIAMI, FL 33157
0603251380
LESZEK LADOWSKI AND JADWIGA LADOWSKI
LESZEK LADOWSKI AND JADWIGA LADOWSKI
07-19992
1. The Plaintiff, WASHING TON MUTUAL BANK, is the creditor to whom the debt is owed by
those individuals who are obligated under the promissory note and mortgage.
2. The debtor may dispute the validity of this debt, or any portion thereof, within 30 days ofreceipt
of this Notice. If the debtor fails to dispute the debt within 30 days, the debt will be assumed valid
by the creditor.
3. If the debtor notifies the creditor's law firm in writing within 30 days from receipt of this notice
that the debt, or any portion thereof, is disputed, the creditor's law firm will obtain verification of
the debt, or a copy of a judgment and a copy of the verification will be mailed to the debtor by the
creditor's law firm. Collection efforts, resulting in additional attorney fees and costs however, will
continue during this 30 day period until this office receives the written request for verification.
4. If the creditor named herein is not the original creditor, and ifthe debtor makes a written request
to the creditor's law firm within 30 days ofreceipt of this Notice, the name and address of the
original creditor will be mailed to the debtor by the creditor's law firm. Collection efforts, resulting
in additional attorney fees and costs however, will continue during this 30 day period until this
office receives the written request for the name and address of the original creditor.
5. As of October 1, 2007, you owe a total amount of$362,906.87 in certified funds. Because of
interest, late charges, 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 adjustment may be
necessary after we receive your certified funds, in which event we will inform you before
depositing the check for collection. For further information, please call 1-800-441-2438.
6. Written requests pursuant to this notice should be addressed to FAIR DEBT COLLECTION
CLERK, Marshall C. Watson, P.A.
07-19992
5
(I


7. This communication is for the purpose of collecting a debt, and any information obtained from the
debtor will be used for that purpose.
8. The Law does not require me (the debt collector) to wait until the end of the thirty-day period
before suing you (the consumer) to collect this debt. Once a lawsuit is commenced, all judicial
remedies will be zealously pursued and attorney fees and costs, which you may be responsible for,
in whole or in part, will be incurred. If, however, you request proof of the debt or the name and
address of the original creditor within the thirty-day period which begins with your receipt of this
letter, the law requires me to suspend my efforts (through litigation or otherwise) to collect the
debt until I mail the requested information to you. Once the requested information is mailed to you
litigation efforts will resume.
9. Even though you are required to file a response to the lawsuit prior to the thirty (30) days, your
validation rights, as set forth in this notice, shall not expire for thirty (30) days.
07-19992
6
I' l'
AFTER RECORDING RETURN TO:
waehington Mutual Banlc, FA
C/O ACS IMAGE SOLUTIONS
12691 PALA DRIVE MS156DPCA
GARDEN GROVE, CA 92841
This Insttument Prepared By:
 
Garcia & Baloyra

02R6 78284 2002 tlOV 1)11)7:1'5
DOCSTPl1TG 1,261).00 INTNG 721).00
HARVEY RUIJIN, C:LERK DADE C:OUllTYt FL
2665 South..Bayshorc-Drive
Suite200
Miami, Florida 33133
(Space Above This Line For Recording Data] --------------------------
GARCIA & BALOYRA TITLE COMPANY 021371
MORTGAGE
03-2265-060325138-0
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined
in Sections 3. 11. 13, 18, 20 and 21. Certain rules regarding the usage of words used in this
document are also provided in Section 16.
IAI "Security Instrument" means this document, which is dated October 25, 2002
together with ell Riders to this document.
IB) "Borrower" is LESZEK LADOWSKI AND JADWIGA LADOWSKI' HUSBAND AND WIFE.
Borrower is the mortgagor under this Security Instrument.
IC) "Lender" is Washington Mutual Bank. FA· a federal association
Lender is a organized and existing under the laws of
united States of Lender's address is:
400 East Main Street Stockton. CA 95290
Lender is the mortgagee under this Security Instrument.
IOI "Note" means the promissory note signed by Borrower and dated October 25. 2002
The Note states that Borrower owes Lender Three H1mdrea Sixty Tho11sand & no /J no
Dollars (U.S. $ 360. ooo, oo l plus interest. Borrower has promised to pay this debt
in regular Periodic Payments and to pay the debt in full not later than Nmremher 1 2032
(EJ "Property" means the property that is described below under the heading "Transfer of Rights
in the Property.• .
(Fl "Loan" means the debt evidenced by the Note, plus interest, any prepayment late
charges due under the Note, and all sums due under this Security Instrument, plus interes *
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03-2265-060325138-0
IGl "Riders" means all Riders to this Security Instrument that are executed by Borrower. The
following Riders are to be executed by Borrower (check box as applicable]:
CXJ Adjustable Rate Rider
O Graduated Payment Rider
O Balloon Rider
LJ Other(s) !specify)
CJ Condominium Aider
CJ Planned Unit Development Rider
O Rate Improvement Rider
D 1-4 Family Rider
[] Biweekly Payment Rider
O Second Home Rider
(HI "Appllcsble Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all
applicable final, non-appealable judicial opinions.
Ill "Community Association Dues. Fees, and Assesaments" means all dues, fees, assessments
end other charges that are imposed on Borrower or the Property by a condominium association,
homeowners association or similar organization.
(J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated
by check, draft, or similar paper instrument, which is initiated through an electronic terminal,
telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial
institution to debit or credit an account. Such term includes, but is not limited to, point·of·sale
transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers,
and automated clearinghouse transfers.
(Kl "Escrow Items" means those items that are described in Section 3.
(LI "Miscellaneous Proceeds" means any compensation. settlement, award of damages, or
proceeds, whether by way of judgment, settlement or otherwise, paid by any third party (other
than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or
destruction of, the Property; !iii condemnation or other taking of all or any part of the Property;
(iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the
value and/or condition of the Property.
(Ml "Mortgage Insurance" means insurance protecting lender against the nonpayment of, or
default on, the Loan.
(N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest
under the Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.)
and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended
from time to time, or any additional or successor legislation or regulation that governs the same
subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and
restrictions that ere imposed in regard to a "federally related mortgage loan" even if the Loan does
not qualify as a "federally related mortgage loan" under RESPA.
(Pl "Successor in Interest of Borrower" means any party that has taken title to the Property,
whether or not that party has assumed Borrower's obligations under the Note and/or this Security
Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: {i) the repayment of the Loan, and all renewals,
extensions and modifications of the Note; {iil the performance of Borrower's covenants and
agreements under this Security Instrument and the Note; and (iii) the performance all
agreements of Borrower to pay fees and charges arising out of the loan whether or not herei .f.:t
forth. For this purpose. Borrower irrevocably grants and conveys to Trustee, in trust. with p p' er
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03-2265-060325138-0
Payment is applied as of its scheduled due date. then Lender need not pay interest on unapplied
funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan
current. If Borrower does not do so within a reasonable period of time, Lender shall either apply
such funds or return them to Borrower. If not applied earlier, such funds will be applied to the
outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim
which Borrower might have now or in the future against Lender shall relieve Borrower from
making payments due under the Note and this Security Instrument or performing the covenants
and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2.
all payments accepted end applied by Lender shall be applied in the following order of priority: (a)
interest due under the Note; (bl principal due under the Note; (c) amounts due under Section 3.
Such payments shall be applied to each Periodic Payment in the order in which it became due.
Any remaining amounts shall be applied first to late charges, second to any other amounts due
under this Security Instrument, and then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which
includes a sufficient amount to pay any late charge due, the payment may be applied to the
delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender
may apply any payment received from Borrower to the repayment of the Periodic Payments if, and
to the extent that, each payment can be paid in full. To the extent that any excess exists after the
payment is applied to the full payment of one or more Periodic Payments. such excess may be
applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment
charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal
due under the Note shall not extend or postpone the due date, or change the amount, of the
Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are
due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of
amounts due for: (a) taxes and assessments and other items which can attain priority over this
SecuritY Instrument as a lien or encumbrance of the Property; (bl leasehold payments or ground
rents on the Property, if any; (c) premiums for any and all insurance required by Lender under
Section 5; end (d} Mortgage Insurance premiums, if any, or any sums payable by Borrower to
Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions
of Section 10. These items are called "Escrow Items.· At origination or at any time during the
term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments,
if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item.
Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section.
Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation
to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to
Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In
the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due
for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender
requires, shall furnish to Lender receipts evidencing such payment within such time period as
Lender may require. Borrower's obligation to make such payments and to provide receipts shall
for all purposes be deemed to be a covenant and agreement contained in this Security Instrument,
as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay
Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for ~ n
Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrow r
shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revo ~
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7321l t02.()11 Page4of 16
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03-2265-060325138-0
the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section
15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that
are the11 required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a} sufficient to permit Lender
to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum
amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the
basis of current data and reasonable estimates of expenditures of future Escrow Items or
otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so
insured} or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items
no later than the time specified under RESPA. Lender shall not charge Borrower for holding and
applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless
Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a
charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on
the Funds, lender shall not be required to pay Borrower any interest or earnings on the Funds.
Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds.
Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by
RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall
account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of
Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by
RESPA. and Borrower shall pay to Lender the amount necessary to make up the shortage in
accordance with RESPA, but in no more than twelve monthly payments. If there is a deficiency of
Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by
RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in
accordance with RESPA, but in no more than twelve monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall
promptly refund to Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and
impositions attributable to the Property which can attain priority over this Security Instrument,
leasehold payments or ground rents on the Property, if any, and Community Association Dues.
Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall
pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument
unless borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a
manner acceptable to Lender, but only so long as Borrower is performing such agreement; !bl
contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings
which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings
are pending, but only until such proceetJings are concluded; or (c) secures from the holder of the
lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. It
Lender determines that any part ot the Property is subject to a lien which can attain priority over
this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of
the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the
Lender may require Borrower to pay a one-time charge for e real estate tax v rificatior:i
actions set forth above in this Section 4. r
and/or reporting service used by Lender in connection with this Loan.
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03-2265-060325130-0
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter
erected on the Property insured against loss by fire, hazards included within the term "extended
coverage," and any other hazards including. but not limited to, earthquakes and floods. for which
Lender requires insurance. This insurance shall be maintained in the amounts !including deductible
levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding
sentences can change during the term of the Loan. The insurance carrier providing the insurance
shall be chosen by Borrower subject to Lender's right to disepprove Borrower's choice, which
right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with
this Loan, either: (a) a one-time charge for flood zor.e determination. certification and tracking
services: or lb) a one-time charge for flood zone determination and certification services and
subsequent charges each time remappings or similar changes occur which reasonably might affect
such determination or certification. Borrower shall also be responsible for the payment of any fees
imposed by the Federal Emergency Management Agency in connection with the review of any
flood zone determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain
insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to
purchase any particular type or amount of coverage. Lender may purchase such insurance from
or through any company acceptable to Lender including, without limitation. an affiliate of Lender,
and Borrower acknowledges and agrees that Lender's affiliate may receive consideration for such
purchase. Therefore, such coverage shall cover Lender. but might or might not protect Borrower,
Borrower's equity in the Property. or the contents of the Property. against any risk, hazard or
liability and might provide greater or lesser coverage than was previously in effect. Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the
cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this
Section 5 shall become additional debt of Borrower secured by this Security Instrument. These
amounts shall bear interest at the Note rate from the date of disbursement and shall be payable,
with such interest. upon notice from Lender to Borrower requesting payment.
Alt insurance policies required by Lender and renewals of such polices shall be subject to
Lender's right to disapprove such policies. shall include a standard mortgage clause, and shall
name Lender as mortgagee and/or as an additional loss payee and Borrower further agrees to
generally assign rights to insurance proceeds to the holder of the Note up to the amount of the
outstanding loan balance. Lender shall have the right to hold the policies and renewal certificates.
It Lender requires. Borrower shall promptly give to Lender all receipts of paid premiums end
renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by
Lender. for damage to, or destruction of. the Property, such policy shall include a standard
mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee.
Borrower hereby absolutely and irrevocably assigns to Lender all of Borrower's right, title
and interest in and to all proceeds from any insurance policy (whether or not the insurance policy
was required by Lender) that are due, paid or payable with respect to any damage to such
property, regardless of whether the insurance policy is established before, on or after the date of
this Security Instrument. By absolutely and irrevocably assigning to Lender all of Borrower's
rights to receive any and all proceeds from any insurance policy, Borrower hereby waives, to the
full extent allowed by law, all of Borrower's rights to receive any and all of such insurance
proceeds.
Borrower hereby absolutely and irrevocably assigns to Lender all of Borrower's right, title
and interest in and to la) any and all claims, present and future, known or unknown, absolute or
contingent, (b) any and all causes of action. (c) any and all judgments and settlements  
through litigation, mediation. arbitration or otherwise), (d) any and all funds sought agains or
from any pa1'ty or parties whosoever, and {el any and all funds received or receivable n, J
FLORIOA
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03-2265-0603251J8-0
including but not limited to, land subsidence, landslide, windstorm, earthquake, fire, flood or any
other cause.
Borrowor agrees to execute, acknowledge if requested, and deliver to Lender, and/or upon
notice from Lender shall request any Insurance agency or company that has issued any insurance
policy to execute and deliver to Lender, any additional instruments or documents requested by
Lender from time to time to evidence Borrower's absolute and irrevocable assignments set forth in
this paragraph.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender.
Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower
otherwise agree in writing. any insurance proceeds. whether or not the underlying insurance was
required by Lender, shall be applied to restoration or repair of the Property, if the restoration or
repair is economically feasible and Lender's security is not lessened. During such repair and
restoration period, Lender shall have the right to hold such insurance proceeds until Lander has
had an opportunity to inspect such Property to ensure the work has been completed to Lender's
satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse
proceeds for the repairs end restoration in a single payment or in a series of progress payments as
the work is completed. Unless an agreement is made in writing or Applicable Law requires interest
to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest
or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by
Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of
Borrower. If the restoration or repair is not economically feasible or lender's security would be
lessened, the insurance proceeds shall be applied to the sums secured by this Security
instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance
proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available
insurance claim and related matters. If Borrower does not respond within 30 days to a notice from
Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and
settle the claim. The 30-day period will begin when the notice is given. In either event, or if
Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender
(al Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid
under the Note or this Security Instrument. and (bl any other of Borrower's rights (other than the
right to any refund of unearned premiums paid by Borrower) under all insurance policies covering
the Property, insofar as such rights are applicable to the coverage of the Property. Lender may
use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under
the Note or this Security Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish. and use the Property as Borrower's
principal residence within sixty days after the er.ecution of this Security Instrument and shall
continue to occupy the Property as Borrower's principal residence for at least one year after the
date of occupancy. unless Lender otherwise agrees in writing, which consent shall not be
unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's
control.
7. Preservation, Maintenance and Protection of the Property: Inspections. Borrower shall
not destroy, damage or impair the Property, or remove or demolish any building thereon, allow the
Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in
the Property, Borrower shall maintain the Property in good condition and repair in order to prevent
the Property from deteriorating or decreasing in value due to its condition. Unless it is determined
pursuant to Section 5 that repair or restoration is not economically feasible, Borjer shall
promptly repair the Property in good and workmanlike manner if damaged to avoid furt 'r
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03-2265-060325138-0
deterioration or damage. Lender shall. unless otherwise agreed in writing between Lender and
Borrower, have the right to hold insurance or condemnation proceeds. If insurance or
condemnation proceeds are paid in connection with damage to, or the taking of. the Property,
Borrower shall be responsible for repairing or restoring the Property only if Lender has released
proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a
single payment or in a series of progress payments as the work is completed. If the insurance or
condemnation proceeds ere not sufficient to repair or restore the Property, Borrower is not
relieved of Borrower's obligation for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it
has reasonable cause, Lender may inspect the interior of the improvements on the Property.
Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying
such reasonable cause. Lender does not make any warranty or representation regarding, and
assumes no responsibility for, the work done on the Property, and Borrower shall not have any
right to rely in any way on any inspection(s) by or for Lender or its agent. Borrower shall be
solely responsible for determining that the work is done in a good, thorough, efficient and
workmanlike manner in accordance with all applicable laws.
Borrower shall (a) appear in and defend any action or proceeding purporting to affect the
security hereof. the Property or the rights or powers of Lender or Tlustee; lb) at Lender's option.
assign to Lender, to the extent of Lender's interest, any claims, demands, or causes of action of
any kind, and any award, court judgement, or proceeds of settlement of any such claim, demand
or cause of action of any kind which Borrower now has or may hereafter acquire arising out of or
relating to any interest in the acquisition or ownership of the Property. Lender and Trustee shall
not have any duty to prosecute any such claim, demand or cause of action. Without limiting the
foregoing, any such claim, demand or cause of action arising out of or relating to any interest in
the acquisition or ownership of the Property may include (ii any such injury or damage to the
Property including without limit injury or damage to any structure or improvement situated
thereon, (ii) er any claim or cause of action in favor of Borrower which arises out of the
transaction financed in whole or in part by the making of the loan secured hereby, (iii) any claim
or cause of action in favor of Borrower (except for bodily injury) which arises as a result of any
negligent or improper construction, installation or repair of the Property including without limit,
any surface or subsurface thereof, or of any building or structure thereon or (iv) any proceeds of
insurance, whether or not required by Lender, payable as a result of any damage to or otherwise
relating to the Property or any interest therein. Lender may apply, use or release such monies so
received by it in the same manner as provided in Paragraph 5 for the proceeds of insurance.
8. Borrower's Loan Appllc11tion. Borrower shall be in default ii, during the Loan application
process, Borrower or any persons or entities acting at the direction of Borrower or with
Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or
statements to Lender (or failed to provide Lender with material information) in connection with the
Loan. Material representations include, but are not limited to, representations concerning
Borrower's occupancy of the Property as Borrower's principal residence.
9. Protection of Lender's Interest in the Property end Rights Under this Security Instrument.
If (a) Borrower fails to perform the covenants and agreements contained in this Security
Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the
Property and/or rights under this Security Instrument lsuch as a proceeding in bankruptcy,
probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over
this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the
Property, then Lender may do and pay for whatever is reasonable or appropriate to prJect
Lender's interest in the Property and rights under this Security Instrument, including prote t{: .
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andlor assessing the value of the Property, and securing andtor repairing the Property. Lender's
actions can include. but are not limited to: le) paying any sums secured by a lien which has
priority over this SecuritY Instrument; lb) appearing in court; and (c) paying reasonable attorneys'
fees to protect its interest in the Property andlor rights under this Security Instrument, including
its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited
to, entering the Property to make repairs, change locks, replace or board up doors and windows.
drain water from pipes, eliminate building or other code violations or dangerous conditions, and
have utilities turned on or off. Although Lender may take action under this Section 9, Lender does
not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs
no liability for not taking any or all actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of
Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate
from the date of disbursement and shall be payable, with such interest, upon notice from Lender
to Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions
of the lease. If Borrower acquires tee title to the Property, the leasehold and the fee title shall not
merge unless Lender agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making
the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect.
If. for any reason, the Mortgage Insurance coverage required by Lender ceases to be available
from the mortgage insurer that previously provided such insurance end Borrower was required to
mako separately designated payments toward the premiums for Mortgage Insurance, Borrower
shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage
Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the
Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If
substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to
pay to Lender the amount of the separately designated payments that were due when the
insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a
non·refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be
non·refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall
not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no
longer require loss reserve payments if Mortgage Insurance coverage lin the amount and for the
period that Lender requires) provided by an insurer selected by Lender again becomes available, is
obtained, and Lender requires separately designated payments toward the premiums for Mortgage
Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower
was required to make separately designated payments toward the premiums for Mortgage
Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or
to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends
in accordance with any written agreement between Borrower and Lender providing for such
termination or until termination is required by Applicable Law. Nothing in this Section 1 O affects
Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain
losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the
Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time,
and may enter into agreements with other parties that share or modify their risk, or !duce losses.
These agreements are on terms and conditions that are satisfactory to the mortga and
the other party <or parties) to these agreements. These agreements may require t e e
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03-2265-060325138-0
insurer to make payments using any source of funds that the mortgage insurer may have available
(which may include funds obtained from Mortgage Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer. onv
reinsurer. any other entity, or any affiliate of any of the foregoing, may receive (directly or
indirectly) amounts that derive from (or might be characterized as) a portion of Borrowet's
payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's
risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of
the insurer's risk in exchange for a sh<ire of the premiums paid to the insurer, the arrangement is
often termed "captive reinsurance.• Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for
Mortgage Insurance, or any other terms of the Loan. Such agreements will not lncreaae the
amount Borrower will owe for Mortgage Insurance, and they will not entltfe Borrower to any
refund.
(b) Any such agreement• wlll not affect the rights Borrower has - if any - with respect to
the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These
rights may Include the right to receive certain dlecloaurea. to request and obtain cancellation of
tho Mortgage Insurance. to have the Mortgage Insurance terminated autornatloally, and/or lo
receive a refund of any Mortgage Insurance premiums that were unearned at the time of such
cancellation or termination.
11. AIBignment of Miscellaneous Proceeds: Forfeiture. All Miscellaneous Proceeds are
hereby assigned to and shall be paid to Lender.
if the Property is damaged. such Miscellaneous Proceeds shall be applied to restoration or
repair of the Property, ii the restoration or repair is economically feasible and Lender's security is
not lessened. During such repair and restoration period, Lender shall have the right to hold such
Misoellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure
the work has been completed to Lender's satisfaction. provided that such inspection shall be
undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or
in a series of progress payments es the work is completed. Unless an agreement is made in
writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender
shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. ff
the restoration or repair is not economically feasible or Lender's i;ecurity would be lessened, the
Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether
or not then due, with the excess, if any. paid to Borrower. Such Miscellaneous Proceeds shall be
applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the
Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether
or not then due. with the excess, if any, paid to Borrower.
In the event of a partial taking, destruction. or loss in value of the PropertY in which the
fair market value of the Propertv immediately before the partial taking, destruction, or loss in valve
is equal to or greater than the amount of the sums secured by this Security Instrument
immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender
otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the
amount of the Miscellaneous Proceeds multiplied by the following fraction: (al the total amount of
the sums secured immediately before the partial taking. destruction. or loss in value divided by (bl
the fair market value of the Property immediately before the partial taking, destruction. or loss in
value. Any balance shall be paid to Borrower. .
in the event of a partial taking, destruction, or loss in value of the Property in which fair
market value of the Property immediately before the partial taking, destruction, or loss in valu It  
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03-2265-060325138-0
less than the amount of the sums secured immediately before the partial taking. destruction, or
loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous ,proceeds
shall be applied to the sums secured by this Security Instrument whether or not the sums are then
due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that
the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for
damages, Borrower fails to respond to Lender within 30 days after the date the notice is given.
Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair
of the Property or to the sums secured by this Security Instrument. whether or not then due.
"Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party
against whom Borrower has a right of action in regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun
that, in Lender's judgement, could result in forfeiture of the Property or other material impairment
of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure
such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing
the action or proceeding to be dismissed with a ruling that, in Lender's judgement, precludes
forfeiture of the Property or other material impairment of Lender's interest in the Property or rights
under this Security Instrument. The proceeds of any award or claim for damages that are
attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be
paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property
shall be applied in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. This Security Instrument
cannot be changed or modified except as otherwise provided herein or by agreement in writing
signed by Borrower, or any Successor in interest to Borrower and Lender. Extension of the time
for payment or modification of amortization of the sums secured by this Security Instrument
granted by lender to Borrower or any Successor in Interest of Borrower shall not operate to
release the liability of Borrower or any Successor in Interest of Borrower. Lender shall not be
required to commence proceedings against any Successor in Interest of Borrower or to refuse to
extend time for payment or otherwise modify amortization of the sums secured by this Security
Instrument by reason of any demand made by the original Borrower or any Successors in Interest
of Borrower. Any forbearance by Lender in exercising any right or remedy including. without
limitation, lender's acceptance of payments from third persons, entities or Successors in Interest
of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the
exercise of any right or remedy. No waiver by Lender of any right under this Security Instrument
shall be effective unless in writing. Waiver by Lender of any right granted to Lender under this
Security Instrument or of any provision of this Security Instrument as to any transaction or
occurrence shall not be deemed a waiver as to any future transaction or occurrence.
13. Joint and Several Liability; Co·signers: Successors and Assigns Bound. Borrower
covenants and agrees that Borrower's obligations and liability shalt be joint and several. However.
any Borrower who co-signs this Security Instrument but does not execute the Note (a
"co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the
co-signer's interest in the Property under the terms of this Security Instrument; (b) is not
personally obligated to pay the sums secured by this Security Instrument; and (cl agrees that
Lender and any other Borrower can agree to extend, modify, forbear or make any
accommodations with regard to the terms of this Security Instrument or the Note without the
co-signer's consent. 1
Subject to the provisions of Section 18, any Successor in Interest of   o r r o ~ r who
assumes Borrower's obligations under this Security Instrument in writing, and is apprr b ~ t
flOAIOA
13213102-011 Page 11 of 16
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03-2265-060325138-0
Lender, shall obtain all ol Borrower's rights and benefits under this Security Instrument. Borrower
shall not be released from Borrower's obligations and liability under this Security Instrument
unless Lender agrees to such release in writing. The covenants and agreements of this Security
Instrument shell bind (except as provided in Section 20) and benefit the successors and assigns of
Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection
with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights
under this Security Instrument. including, but not limited to, attorneys' fees, property inspection
and valuation fees. Borrower shell pay such other charges as Lender may deem reasonable for
services rendered by Lender and furnished at the request of Borrower, any Successor in interest
to Borrower or any agent of Borrower. In regard to any other fees, the absence of express
authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as
a prohibition on the charging of such fee. Lender may not charge fees that are expressly
prohibited by this Security Instrument or by Applicable Lew.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally
interpreted so that the interest or other loan charges collected or to be collected in connection
with the loan exceed the permitted limits, then: (al any such loan charge shall be reduced by the
amount necessary to reduce the charge to the permitted limit; and lb) any sums already collected
from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose
to make this refund by reducing the principal owed under the Note or by making a direct payment
to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment
without any prepayment charge (whether or not a p1epeyment charge is provided for under the
Note). Borrower's acceptance of any such refund made by di1ect payment to Borrower will
constitute a waiver of any right of action Borrower might have arising out of such overcharge.
15. Notices. All notices given by Borrower or Lsnder in connection with this Security
Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument
shall be deemed to have been given to Borrower when mailed by first class mail or when actually
delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shell
constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice
address shall be the Property Address unless Borrower hes designated a substitute notice address
by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. It
Lender specifies a procedure for reporting Borrower's change of address. then Borrower shall only
report a change of address through that specified procedure. There may be only one designated
notice address under this Security Instrument at any one time. Any notice to Lender shall be given
by delivering it or mailing it by first class mail to lender's address stated herein unless Lender has
designated another address by notice to Borrower. Any notice in connection with this Security
Instrument shall not be deemed to have been given to Lender until actually received by lender. If
any notice required by this Security Instrument is also required under Applicable Law, the
Applicable Law requirement will satisfy the corresponding requirement under this Security
Instrument.
16. Governing L11w; Severability; Rules of Construction. This Security Instrument shall be
governed by federal law and the law of the jurisdiction in which the Property is located. All rights
and obligations contained in this Security Instrument are subject to any requirements and
limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to
agree by contract or it might be silent, but such silence shall not be construed as a prohibition
against agreement by contract. In the event that any provision or clause of this Security
Instrument or the Note conflicts with Applicable Law, such conflict snail not affectrther
provisions of this Security Instrument or the Note which can be given effect withou he_
1
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03-2265-060325138-0
conflicting provision.
As used in this Security Instrument: (al words of the masculine gender shall mean and
include corresponding neuter words or words of the feminine gender; (b) words in the singular
shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion
without any obligation to take any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security
Instrument.
18. Trensfer of the Property or a Beneficial Interest In Borrower. As used in this Section
1 B. "Interest in the Property" means any legal or beneficial interest in the Property, including, but
not limited to, those beneficial interests transferred in a bond for deed, contract for deed,
installment sales contract or escrow agreement, the intent of which is the transfer of title by
Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if
Borrower is not e natural person and a beneficial interest in Borrower is sold or transferred)
without Lender's prior written consent, Lender may require immediate payment in full of all sums
secured by this Security Instrument. However, this option shall not be exercised by Lender if such
exercise is prohibited by Applicable Law.
If lender exercises this option, Lender shall give Borrower notice of acceleration. The
notice shall provide a period of not less than 30 days from the date the notice is given in
accordance with Section 15 within which Borrower must pay all sums secured by this Security
Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may
invoke any remedies permitted by this Security Instrument without further notice or demand on
Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions,
Borrower shall have the right to have enforcement of this Security Instrument discontinued at any
time prior to the earliest of: (al five days before sale of the Property pursuant to any power ol sale
contained in this Security Instrument; lb) such other period as Applicable Law might specily for
the termination of Borrower's right to reinstate; or (c) entry of a judgement enforcing this Security
Instrument. Those conditions are that Borrower: <al pays Lender all sums which then would be
due under this Security Instrument and the Note as if no acceleration had occurred; (bl cures any
default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this
Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection
and valuation fees. and other fees incurred for the purpose of protecting Lender's interest in the
Property and rights under this Security Instrument; and Id) takes such action as Lender may
reasonably require to assure that Lender's interest in the Property and rights under this Security
instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall
continue unchanged. Lender may require that Borrower pay such reinstatement sums and
expenses in one or more of the following forms, as selected by Lender; (al cash; (bl money order;
lcl certified check, bank check. treasurer's check or cashier's check, provided any such check is
drawn upon an institution whose deposits are insured by a federal agency, instrumentality or
entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument
and obligations secured hereby shall remain fully effective as if no acceleration had occurred.
However, this right to reinstate shall not apply in the case of acceleration under Section 18.
20. Sala of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial
interest in the Note (together with this Security Instrument) can be sold one or more times
without prior notice to Borrower. A sale might result in a change in the entity (known as the
"Loan Servicer•) that collects Periodic Payments due under the Note and this Security lrtrument
and performs other mortgage loan servicing obligations under the Note, this Security In trument,
"I _,j'
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2076SPG46· r,.
03-2265-060325138-0
and Applicable Law. There also might ba one or more changes of the Loan Servicer unrelated to a
sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of
the change which will state the name and address of the new Loan Servicer, the address to which
payments should be made and any other information RESPA requires in connection with a notice
of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer
other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will
remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed
by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as
either an individual litigant or the member of a class) that arises from the other party's actions
pursuant to this Security Instrument or that alleges that the other party has breached any
provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or
Lender has notified the other party (with such notice given in compliance with the requirements of
Section 15) of such alleged breach and afforded the other party hereto a reasonable period after
the giving of such notice to take corrective action. If Applicable Law provides a time period which
must elapse before certain action can be taken, that time period will be deemed to be reasonable
for purposes of this paragraph. The notice of acceleration and opportunity to cure given to
Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to
Section 18 shall be deemed to satisfy the notice and opportunity to take coriective action
provisions of this Section 20.
21. Haz11rdous Substances. As used in this Section 21: (a) "Hazardous Substances" are
those substances defined as toxic or hazardous substances. pollutants, or wastes by
Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic
petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing
asbestos or formaldehyde, and radioactive materials; lb) "Environmental Law" means federal laws
and laws of the jurisdiction where the Property is located that relate to health, safety or
environmental protection: (c) "Environmental Cleanup" includes any response action, remedial
action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition"
means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property.
Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in
violation of any Environmental Law. (b) which creates an Environmental Condition, or (c) which,
due to the presence, use. or release of a Hazardous Substance. c1eates a condition that adversely
affects the value of the Property. The preceding two sentences shall not apply to the presence,
use, or storage on the Property of small quantities of Hazardous Substances that are generally
recognized to be appropriate to normal residential uses and to maintenance of the Property
(including, but not limited to, hazardous substance in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand,
lawsuit or other action by any governmental or regulatory agency or private party involving the
Property and any Hazardous Substance or Environmental Law of which Borrower has actual
knowledge, (bl any Envi;onmental Condition, including but not limited to, any spilling, leaking,
discharge, release or throat of release of any Hazardous Substance, and (c) any condition caused
by the presence, use, or release of a Hazardous Substance which adversely affects the value of
the Property. II Borrower learns, or is notified by any governmental or regulatory authority, or any
private party, that any removal or other remediation of any Hazardous Substance affecting the
Property is necessary, Borrower shall promptly take all necessary remedial actions in acc?rdance
with Environmental Law. Nothing herein shall create any obligation on Lender \fpr an
Environmental Cleanup. (i\,v
1
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13213102.011 Page 14 ot 16
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03-2265-060325138-0
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as
follows:
22. Acceleration: Remedies. Lender shall give notice to Borrower prior to acceleration
following Borrower's breech of any covenant or agreement In this Security Instrument (but not
prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall
specify: (al the default; lb) the action required to cure the default; (cl a date. not less than 30
days from the date the notice Is given to Borrower, by which the default must be cured; and (di
that failure to cure the default on or before the date specified In the notice may result in
acceleration of the sums secured by this Security Instrument and sale of the Property. The notice
shall further Inform Borrower of the right to reinstate after acceleration and the right to bring a
court action to assert the non-existence of a default or any other defense of Borrower to
acceleration and foreclosure. If the default Is not cured on or before the date specified In the
notice, Lender at Its option may require immediate payment in full of all sums secured by this
Security Instrument without further demand and may foreclose this Security Instrument by judicial
proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies
provided In this Section 22. Including, but not limited to, reaaonable attorneys· fees and costs of
title evidence. If Borrower or any Successor In interest to Borrower files (or has flied against
Borrower or any Succensor in interest to Borrower} a bankruptcy petition under Title II or any
successor title of the United States Code which provides for the curing of prepetltlon default due
on the Note, interest at a rate determined by the Court shall be paid to Lender on post-petition
arrears.
23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall
release this Security Instrument. Borrower shall pay any recordation costs. Lender may charge
Borrower a fee for releasing this Security Instrument, but only if the fee is not prohibited by
Applicable Law.
24. Attorneys' Fees. As used in this Security Instrument and the Note. "attorneys' fees"
shall include any attorneys' fees awarded by an appellate court and any attorneys' fees incurred in
a bankruptcy proceeding.
25. Jury Trial Waiver. The Borrower hereby waives any right to a trial by jury in any
action, proceeding, claim, or counterclaim, whether in contract or tort, at law or in equity, arising
out of or in any way related to this Security Instrument or the Note.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and   contained
in this Security Instrument and in any Aider executed by Borrower and recorded with\ i i"I
FLORIDA.
73113102.011
Paga 15 of 16
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03-2265-060325138-0
---------- (Space Below This line For Acknowledgment) ---------
STATE OF FLOffi· . :/j .
COUNTY OF tri XW -<J<i0,__
My Commission expires:
(Notary Rubber/Raised Stamp Seal)
F'LOAIO.&.
1J21J 102-Qll Page 16 ol 16
•• Sant.Ira C. I.ope,;

            cc s11zi6
bp"'" Apr. 6, 2003
\'J. !Junded Thru
''"''''' .o\llout1e Bond1n1r Co., Inc.
21

ADJUSTABLE RATE RIDER
(12-MTA Index - Payment and Rate Caps)
03-2265-060325138-0
THIS ADJUSTABLE RATE RIDER is made this 25th day of October, 2002 ,
and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of
Trust, or Security Deed (the 'Security Instrument") of the same date given by the undersigned
(the "Borrower") to secure Borrower's Adjustable Rate Note (the "Note") to
Washington Mutual Bank, FA (the "Lender") of the same date and
covering the property described in the Security Instrument and located at:
_______ __.....il_Sl'Ll.10 TH TERRJ>,CE, MI(IMI. EL 331,5,_,_ ______ _
(Property Address)
THIS RIDER CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST
RATE AND MY MONTHLY PAYMENT. MY MONTHLY PAYMENT INCREASES WILL
HAVE LIMITS WHICH COULD RESULT IN THE PRINCIPAL AMOUNT I MUST REPAY
BEING LARGER THAN THE AMOUNT I ORIGINALLY BORROWED, BUT NOT MORE
THAN 12st OF THE ORIGINAL AMOUNT (OR $ 450, ooo. oo ).
MY INTEREST RATE CAN NEVER EXCEED THE LIMIT STATED IN THE NOTE AND
RIDER. A BALLOON PAYMENT MAY BE DUE AT MATURITY.
ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security
Instrument, Borrower and Lender further covenant and agree as follows:
A. INTEREST RATE AND MONTHLY PAYMENT CHANGES
Interest will be charged on unpaid Principal until the full amount of Principal has been paid.
Up until the first day of the calendar month that immediately precedes the first payment due date
set forth in Section 3 of the Note, I will pay interest at a yearly rate of 4. 772 % . Thereafter
until the first Change Date (as defined in Section 4 of the Note) I will pay interest at a yearly rate
of 2. 450 %. The interest rate I will pay will thereafter change in accordance with Section 4
of the Note.
Section 4 of the Note provides for changes in the interest rate and monthly payment 1 f\-\
follows: , l .
329•3 111-<'11 Page 1 of 5
  · · ~ .
22

03-2265-060325139-0
amount of the monthly payment that would be sufficient to repay the projected Principal balance I
am expected to owe as of the Payment Change Date in full on the maturity date at the interest
rate in effect 45 days prior to the Payment Change Date in substantially equal paymenis. The
result of this calculation is the new amount of my monthly payment, subject to Section 4(F)
below, and I will make payments in the new amount until the next Payment Change Date unless
my payments are changed earlier under Section 4(HI of the Note.
(Fl Monthly Payment Limitations
Unless Section 4(H) and 4(1) below apply, the amount of my new monthly payment, beginning
with a Payment Change Date, will be limited to 7 1/2% more or less then the amount I have been
paying. This payment cap applies only to the Principal Payment and does not apply to any escrow
payments Lender may require under the Security Instrument.
IGI Changes In My Unpaid Principal Due to Negative Amortization or Accelerated Amortization
Since my payment amount changes less frequently than the interest rate and since the
monthly payment is subject to the payment limitations described in Section 4(FJ. my monthly
payment could be less or greater than the amount of the interest portion of the monthly payment
that would be sufficient to repay the unpaid Principal I owa at the monthly payment date in full on
the maturity date in substantially equal payments. For each month that the monthly payment is
less than the interest portion, the Note Holder will subtract the monthly payment from the amount
of the interest portion and will add the difference to my unpaid Principal, and interest will accrue
on the amount of this difference at the current interest rate. For each month that the monthly
payment is greater than the interest portion, the Note Holder will apply the excess towards a
Principal reduction of the Note.
(HI Limit on My Unpaid Principal; Increased Monthly Payment
My unpaid Principal can never exceed a maximum amount equal to 125t of the principal
amount original borrowed. In the event my unpaid Principal would otherwise exceed that
1251 limitation, I will begin paying a new monthly payment until the next Payment Change
Date notwithstanding the 7 1/2% annual payment increase limitation. The new monthly payment
will be an amount which would be sufficient to repay my then unpaid principal in full on the
maturity date et rny interest rate in effect the month prior to the payment due date in substantially
equal payments.
(I) Required Full Monthly Payment
On the FIFTH anniversary of the due date of the first monthly payment, and on that same
day every FIFTH year thereafter, the monthly payment will be adjusted without regard to the
payment cap limitation in Section 4(F).
(J) Notice of Changes
The Note Holder will deliver or mail
328-U 11 t-011
'°mo• ootioo of ony oh"'" ;, tho •mount •\p ~ .
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03-2265-060325139-0
monthly payment before the effective date of any change. The notice will include information
required by law to be given me and also the title and telephone number of a person who will
answer any questions I may have regarding the notice.
IKI Failure to Make Adjustments
lf for any reason Note Holder fails to make an adjustment to the interest rate or payment
amount as described in this Note, regardless of any notice requirement. I agree that Note Holder
may. upon discovery of such failure. then make the adjustment as if they had been made on time.
I also agree not to hold Note Holder responsible for any damages to me which may result from
Note Holder's failure to make the adjustment and to let the Note Holder. at its option, apply any
excess monies which r may have paid to partial prepayment of unpaid "Principal.•
8. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER
Section 18 of the Security Instrument is amended to read as follows:
Transfer of the Property' or a Beneficial Interest in Borrower. As used in this Section 18,
"Interest in the Property" means any legal or beneficial interest in the Property, including.
but not limited to, those beneficial interests transferred in e bond for deed. contract for
deed, installment sales contract or escrow agreement , the intent of which is the transfer of
title by Borrower at a future date to a purchaser. If all or any part of the Property or any
interest in the Property is sold or transferred (or if a beneficial interest in Borrower is sold
or transferred end Borrower is not a natural person) without Lender's prior written
consent, Lender may require immediate payment in full of all sums secured by this Security
Instrument. However, this option shell not be exercised by Lender if exercise is prohibited
by Applicable Law. Lender elso shall not exercise this option if: (al Borrower causes to be
submitted to Lender information required by Lender to evaluate the intended transferee as if
a new loan were being made to the transferee; (b) Lender reasonablv determines that
Lender's security will not be impaired bv the loan assumption end that the risk of a breach
of any covenant or agreement in this Security Agreement or other obligations related to the
Note or other loan document is acceptable to Lender, (d) Assuming party executes
Assumption Agreement acceptable to Lender at its sole choice and discretion, which
Agreement may include an increase to Cap as set forth below and Id) payment of
Assumption Fee it requested by Lender.
To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a
condition to Lender's consent to the loan assumption, end Lender may increase the
maximum interest rate limit to the higher of the Cap or 5 percentage points greater than the
interest rate in effect at the time of the transfer. Lender may also require the tran!eree to
sign an assumption agreement that is acceptable to Lender end that oblig t ~ ~
Ji843 111-011 Page 4 ol 5 J
24
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03-2265-060325138-0
transferee to keep all the promises and agreements made in the Note and in this Security
Instrument. Borrower will continue to be obligated under the Note and this Security
Instrument unless Lender has entered into a written assumption agreement with transferee
and formally releases Borrower.
If Lender exercises this option, Lender sholl give Borrower notice of acceleration. The
notice shall provide a period of not less than 30 days from the date the notice is given in
accordance with Section 15 within which Borrower must pay atl sums secured by this
Security Instrument. If Borrower fails to pay these sums prior to the expiration of this
period, Lender may invoke any remedies permitted by this Security Instrument without
further notice or demand on Borrower.
BY SIGNING BELOW. Borrower accepts and agrees to the terms and covenants contained in
this Adjustable Rate Rider. Borrower agrees to execute any document necessary to reform this
Agreement to accurately reflect the terms of the Agreement between Borrower and Beneficiary or
if the original Note, Trust Deed or other document is lost, mutilated or destroyed.
Jll-'3 111-011 Page 5 of 5
25
Document prepared by:
Armando A. Pardillo, Esq.
1401 Ponce de Leon Boulevard
Suite202
Coral Gables, Florida 33134-4407
MORTGAGE
l••lHll HlllltHllllll 11111111111
CFIJ.il 2005R0516600
OR Bk 23394 Pss 0678 - 685;   8 p s ~
RECORDED 05/2t)/2005 10:41: 13
MTG DOC TAX 371.00
INTAHG TAX 212.00
HARVEY RUV!Nr CLERK OF COURT
MIAMI-DADE COUNTYr FLORIDA
THIS IS A BALLOON MORTGAGE AND THE FINAL PAYMENT OR THE
BALANCE DUE UPON MATURITY IS $ 106,000.00 TOGETHER WITH
ACCRUED INTEREST, IF ANY, AND ALL ADVANCEMENTS MADE BY
MORTGAGEE UNDER THE TERMS OF THE MORTGAGE.
THIS MORTGAGE, made on this fi_ day of May 2oos, by:
LESZEK LADOWSKI AND JADWIGA LADOWSKI. HIS WIFE, whose mailing
address is 8141 SW 170 Terrace, Palmetto Say, Florida 33157, hereinafter referred to as
the "Mortgagor", to
JORGE TORRECILLA AND MIGDALIA TORRECILLA. HIS WIFE, whose mailing
address is P.O. Box 831141, Miami, Florida 33283, herein after referred to as the
"Mortgagee".
(Whenever used herein the terms "Mortgagor" and "Mortgagee" shall include all the parties to this
instrument and the heirs, legal representatives and assigns of individuals, and the successors and
assigns of corporations wherever the context so admits or requires; the term "Note" includes all
notes herein described, if more than one; the singular number shall include the plural, and the use
of any gender shall include all genders.)
WITNESS ETH, that for good and valuable consideration, and also in consideration of the
aggregate sum named in the promissory note in the sum of $106,000.00, and with a maturity
date of June t•t., 2008, hereinafter referred to as the"Note"; the Mortgagor hereby grants, bargains,
sells, aliens, remises, conveys and confinns unto the Mortgagee all that certain land of which the
Mortgagor is now seized and is in possession situate in MIAMI-DADE County, State of
FLORIDA, viz:
Lot 43, in Block 1, of GROVES AT OLD CUTLER, according to the Plat thereof,
as recorded in Plat Book 146, at Page 60, of the Public Records of Miami-Dade
County, Florida. (Tax Folio No. 33-5034-042-0430) (the "property");
C:IMORTGAGEITORRECil.LA-LADOWSKY (05· l 89)
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TOGETHER with all structures snd improvements now and hereafter located on said
property, and the rents, issues, and profits of the mortgaged real property (provided, however, that
the Mortgagor shall be entitled to collect and retain the said rents, issues, and profits until default
hereunder), and all furniture, furnishings, fixtures and equipment now located on the mortgaged real
property, and all additions thereto and replacements thereof.
TO HA VE AND TO HOLD the same together with the tenements, hereditaments and
appurtenances, unto the said Mortgagee, in fee simple.
AND THE MORTGAGOR COVENANTS with the Mortgagee that the Mortgagor is
indefeasibly seized of the mortgaged property in fee simple; that the Mortgagor has full power and
lawful right to convey the mortgaged property in fee simple as aforesaid; that it shall be lawful for
the Mortgagee at all times peaceably and quietly to enter upon, hold, occupy and enjoy the
mortgaged property; that the mortgaged property is free from all encumbrances, except those of
record; that the Mortgagor will make such further assurances to perfect the fee simple title to the
mortgaged property in the Mortgagee as may reasonably be required; and that the Mortgagor does
hereby fully warrant the title to the mortgaged property and will defend the same against the lawful
claims of all persons whomsoever.
PROVIDED ALWAYS, that ifthe Mortgagor shall pay unto the Mortgagee the note secured
by this Mortgage, and shall promptly petform, comply with and abide by each and every the
stipulations, agreements, conditions and covenants of said Mortgage and Note, then the estate hereby
created shall cease and be null and void.
And the Mortgagor does hereby covenants and agrees with the Mortgagee:
1. Payments: To pay all and singular the principal and interest and other sums
of money payable by virtue of said Mortgage and Note, or either, promptly on the days, respectively,
the same severally become due.
2. Taxes and encumbrances: To pay all and singular the taxes, assessments, levies,
liabilities, obligations, and encumbrances of every nature on said described property, whether prior
or subordinate in lien, dignity and effect to the lien of this mortgage, each in accordance _with
respective tenns, conditions and requirements, and if the same be not promptly paid the Mortgagee
may at any time pay the same without waiving or affecting the option to foreclose for any right
hereunder, and every payment so made shall bear interest from the date thereof at the highest
permissible legal rate of interest.
3. Performance of Covenants: To petfonn, comply with and abide by each and every
of the stipulations, agreements, conditions and covenants set forth in this Mortgage and Note.
C:\MoRTOAO!!ITOJUtECILLA-U.OOWSKY (OS· 189)
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4. Attorney's Fees: To pay all singular costs, charges, and expenses, including lawyers'
fees, reasonably incurred or paid at any time by the Mortgagee because of the failure on the part of
the Mortgagor to perform, comply with and abide by each and every stipulations, agreements,
conditions, and covenants of said Note and this Mortgage, or either, and every such payment shall
bear interest from date at the highest rate permitted by Florida law.
5. Waste: To permit, commit, or suffer no waste, impairment, and/or deterioration of said
property or any part thereof, except reasonable wear and tear; and in the event of failure of the
Mortgagor to keep the building on said premises and those to be erected on said premises, or
improvements thereon, in good repair, the Mortgagee may make such repairs as in its discretion it
may deem necessary for proper preservation thereof, and the full amount of each and every payment
made for said repair, shall be due and payable thirty (30) days after demand, and shall be secured by
the lien of this mortgage and shall carry and bear interest from date at the highest permissible legal
rate of interest.
6. Insurance: To keep the buildings now or hereafter on the land encumbered hereby,
insured in the swn equal to the highest insurable value, both fire and extended coverage, in a
company or companies to be approved by the Mortgagee, and the policy or policies held by and
payable to the Mortgagee, and in the event any sum of money becomes payable under such policy
or policies, the Mortgagee shall have the option to receive and apply the same on account of the
indebtedness hereby secured or to permit the Mortgagor to receive and use it or any part thereof for
other purposes, without hereby waiving or impairing any equity, lien, or right under or by virtue of
this Mortgage, and if the Mortgagor shall fail to cause such insurance to be carried and paid for, the
Mortgagee may place and pay for such insurance or any part thereof without waiving or affecting the
option to foreclose or any right hereunder, and each and every such payment shall bear interest from
date at the highest permissible legal rate of interest.
7. Receiver: That the Mortgagee may, at any time pending a suit upon this mortgage,
apply to the Court having jurisdiction thereof for the appointment of a receiver, and such Court shall
forthwith appoint a receiver of the premises covered hereby all and singular, including all and
singular the income, profits, issues, and revenues from whatever source derived, each and every of
which, it being expressly understood, is hereby mortgaged, as if specifically set forth and described
in the granting and habendum clauses hereof. Such appointment shall be made by such court as an
admitted equity and a matter of absolute right to the Mortgagee, and without reference to the
adequacy or inadequacy of the value of the property mortgaged or to solvency or insolvency of the
Mortgagor or the Defendant(s). Such rents, profits, income, issues, and revenues shall be applied
by such receiver according to the lien of this mortgage and the practice of such Court.
8. Foreclosure of any lien: If foreclosure proceedings should be instituted on any
mortgage inferior to this mortgage, or if any foreclosure proceeding is instituted on any lien of any
kind, the Mortgagee may at its option immediately or thereafter declare this mortgage and the
indebtedness secured hereby, due and payable.
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9. Acceleration: If any of said sums of money herein referred to be not promptly or
fully paid within thirty (30) days next after the same severally become due and payable, or if each
and every of the stipulations, agreements, conditions, and covenants, of said Note and this deed, or
either, are not fully performed, complied with and abided by, the said aggregate sum mentioned in
said Note shall become due and payable forthwith or thereafter at the option of the Mortgagee as
fully and completely as if the full principal amount herein secured were originally stipulated to be
paid on such date, anything in said Note or herein to the contrary notwithstanding.
10. Payment of Taxes and Liens: To deliver to the Mortgagee, on or before March
Jllt., of each year, during the life of this mortgage, proof of payment of all lawfully imposed real
property taxes upon the mortgaged property; to deliver to the Mortgagee receipts evidencing the
payment of all liens for public improvements within thirty (30) days after the same shall become due
and payable, and to pay or discharge within thirty (30) days after due date, any and all governmental
levies that may be made on the mortgaged property, on this Mortgage or Note or in any other way
resulting from the mortgage indebtedness secured by this Mortgage. If the Mortgagor shall fail to
cause such taxes or governmental levis to be carried and paid for, the Mortgagee may place and pay
for such taxes or governmental levis or any part thereof without waiving or affecting the option to
foreclose or any right hereunder, and each and every such payment shall bear interest from date at
the highest permissible legal rate of interest.
11. Civil Procedure: That if any action or proceeding shall be commenced by any person
other than the holder of this mortgage (except an action to foreclose this action, or to collect the debt
secured thereby) to which action or proceeding the holder of this mortgage is made a party, or in
which it shall become necessary to defend, or uphold the lien of this Mortgage all sums paid by the
holder of this mortgage for the expense of any litigation to prosecute or defend the rights and liens
created by this mortgage, plus attorneys' fees, including at the appellate level, shall be paid by the
Mortgagor together with interest thereon at the highest pennissible legal rate of interest, and any such
sum and interest thereon shall be a claim upon the said premises, and shall be deemed to be secured
by this mortgage. The sums paid by or incurred by the holder hereof in accordance with the tenns
of this paragraph shall be paid by the Mortgagor unto the holder within thirty (30) days, and the
failure or omission of the Mortgagor to do so shall entitle the Mortgagee to add such sums to the
principal indebtedness of this mortgage and the note it secures, and/or at its option declare this
mortgage and the note it secures to be in default, thereupon maturing all of the unpaid indebtedness
including the sums advanced hereunder.
12. Modification of Terms: That no extension of the time or modification of the tenns
of payment set forth in this mortgage and in the note shall release, relieve or discharge the Mortgagor
from the payment of any of the sums hereby secured, but in such event the Mortgagor shall
nevertheless be liable to pay such sums according to the tenns of such extension or modification
unless specifically released and discharged in writing by the Mortgagee; and, furthennore, that
acceptance of part payment of any installment of principal or interest, or both, or of part perfonnance
of any covenant or delay for any period of time in exercising the option to mature the entire debt,
shall not operate as a waiver of the right to execute such option or act on such default, partial
acceptance or any subsequent default.
C:IMo!lTOAOE\TOUECIU..A·LAOOWSKY   0 ~ · 189)
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13. Future Advances: Pursuant to F.S. 697.04, this Mortgage shall secure not
only the existing indebtedness evidenced by the note but also such future advances as may be made
by Mortgagee to Mortgagor within three (3) years from the date hereof to the same extent as if such
future advances were made on the date of the execution of this mortgage. The total amount of
indebtedness that shall be so secured by this mortgage may decrease or increase from time to time,
provided that the total unpaid balance so secured at any one time shall not exceed a principal
amount of $150,000.00, plus interest thereon and plus any disbursements made for the payment of
taxes, levis, or insurance on the property covered by the lien of this mortgage, together with interest
on such disbursements.
14. Notices: That the mailing of a written note of demand, addressed to the owner of
record of the mortgaged premises at the last address actually furnished to the Mortgagee, and mailed
by the United States mails shall be sufficient notice and demand in any case arising under this
instrument and required by the provisions hereof or by law.
15. Condemnation: That in the event the mortgaged premises, or any part thereof,
shall be condemned and taken under the power of eminent domain, the Mortgagee shall have the
right to demand that all damages awarded for the taking of or damages to said premises shall be paid
to the Mortgagee, its successors or assigns, up to the amount then unpaid on this mortgage and may
be applied upon the payment(s) last payable.
16. Time is of the essence: It is specifically agreed that time is of the essence of this
contract and that no waiver of any obligation hereunder or of the obligation secured hereby shall at
any time thereafter be held to be a waiver of the tenns hereof or of the instruments secured hereby.
17. Transfer of the Property or a beneficial interest in Mortgagor: If all or any part
of the property or any interest in it is sold, conveyed, assigned, exchanged or transferred by
Mortgagor, without Mortgagor's prior written consent, which consent may be unreasonable withheld,
Mortgagee may at his option, require immediate payment in full of all sums secured by this
Mortgage. If Mortgagee exercises this option, Mortgagee shall give Mortgagor notice of acceleration.
The notice shall provide a period of not less than thirty (30) days from the date the notice is delivered
or mailed within which Mortgagor must pay all sums secured by this Mortgage. If Mortgagor fails
to pay these sums prior to the expiration of this period, Mortgagee may invoke any remedies
pennitted by this Mortgage without further notice or demand on Mortgagor.
18. Successon and Assigns Bound; Joint and Several Liability: The covenants and
agreements of this mortgage shall bind and benefit the successors and assigns of Mortgagee and
Mortgagor, subject to the provisions of Paragraph 17. Mortgagor's covenants and agreements shall
be joint and several.
19. Limitation of rights: No enumeration of special rights or power by any provisions of
this Mortgage shall be construed to limit any grants of general rights or powers, or to take away or
limit any and all rights granted to or invested in the Mortgagee by virtue of the laws of the State of
Florida.
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20. Suurity Agreement: This Mortgage constitutes a security agreement under the
Uniform Commercial Code and creates a security interest in the personal property included in the
mortgaged property. Mortgagor Mortgagor shall execute, deliver, file, and refile any financing
statements or other security agreements Mortgagee may require from time to time to confinn the lien
of this Mortgage with respect to such property. Without limiting the foregoing, Mortgagor hereby
irrevocably appoints Mortgagee attorney-in-fact for Mortgagor to execute, deliver, and file such
instruments for and on behalf of Mortgagor.
21. Usury: Mortgagor does not intend or expect to pay nor does the Mortgagee hereof
intend or expect to charge, accept or collect any interest greater than the highest rate of interest which
may be charged under the usury laws of the State of Florida. Should the acceleration hereof or any
charges made hereunder result in the computation of interest in excess of such rate, any and all such
excess shall be and the same is hereby waived by the holder hereof, any such excess shall be credited
by the holder of the balance hereof.
22. Hazardous Substances: Mortgagor shall not cause or permit the presence, use,
disposal, storage, or release of any Hazardous Substances on or in the Property. Mortgagor shall not
do, nor allow anyone else to do, anything affecting the Property that is in violation of any
Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage
on the Property of small quantities of Hazardous Substances that are generally recognized to be
appropriate to normal residential uses and to maintenance of the Property. Mortgagor shall
promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by
any governmental or regulatory agency or private party involving the Property and any Hazardous
Substance or Environmental Law of which Mortgagor has actual knowledge. If Mortgagor learns
or is notified by any governmental or regulatory authority, that any removal or other remediation of
any Hazardous Substance affecting the Property is necessary, then Mortgagor shall promptly take
all necessary remedial actions in accordance with applicable Law. As used in this Paragraph,
"Hazardous Substances" are those substances defined as toxic or hazardous substances by
Environmental Law and the following subs1ances: gasoline, kerosene, other flammable or toxic
petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos
or formaldehyde, and radioactive materials. As used in this Paragraph, "Environmental Law" means
federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or
environmental protection.
23. Waiver: Failure by the Mortgagee to exercise any of the rights or options herein
provided shall not constitute a waiver of any rights or options under said Note or this Mortgage
accrued or thereafter accruing.
24. Riden: If one or m ore riders are executed by Mortgagor and recorded together with
this Mortgage, the covenants and agreements of each such rider shall be incorporated into and shall
amend and supplement the covenants and agreements of this Mortgage as if the rider(s) were a part
of this Mortgage.
• c:\MORT<!AOB\TORRECIIJ.A·LAOOWSKY (05-189) 6
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25. Satisfaction of Mortgage: A satisfaction or release of this Mortgage, when
recorded, shall constitute a satisfaction of this and any other financing statement filed in connection
with this instrument, or renewal thereof, but only to the extent of any such satisfaction or release. All
expenses related to the satisfaction or release of this Mortgage shall be paid by Mortgagor.
26. Laws and Ordinances: Mortgagor agrees to comply with all the laws and
ordinances applicable to the mortgaged property, and agrees not to make or permit to be made any
structural alterations or additions to any of the existing improvements thereof without the written
consent of the Mortgagee, which consent shall not be unreasonable withhold.
27. Limitation on Additional Financing: Mortgagor shall not undertake additional
financing secured by any lien or security interest on property encumbered in favor of Mortgagee to
secure the loan without first obtaining Mortgagee's written consent. Any violation of the foregoing
limitation shall, at the option of Mortgagee, be deemed an event of default hereunder.
28. Compliance with first mortgage: The Mortgagor agrees to comply with all the terms
and conditions of the first mortgage encumbering subject property. If the mortgagor shall fail to
comply with all of the terms, provisions and conditions of the First Mortgage so as to result in a
default under it, that failure on the part of the Mortgagor shall constitute a default under this
mortgage and shall entitle the Mortgagee. at its option. to exercise any and all rights and remedies
given the Mortgagee in the event of a default under this mortgage.
29. Modification or Amendment ofFint Mortgage: The Mortgagor herein covenants
and agree not to enter into any agreement with the holder of the first mortgage modifying or
amending any of the provisions dealing with payment of principal or interest under the first
mortgage, without the prior written consent of the Mortgagee herein. Mortgagor also agrees that no
funds will be taken down under the future advance provision of the first mortgage, unless such funds
are entirely applied in reduction of the Note secured by this Mortgage.
30. Required Notices: Mortgagor shall notify Mortgagee promptly of the occurrence of
any of the following:
(a) a fire or other casualty causing damage to the mortgaged property;
(b) receipt of notice of condemnation of the mortgaged property;
( c) receipt of notice from any governmental authority relating to the structure,
use, or occupancy of the mortgaged property;
( d) substantial change in the occupancy of the mortgaged property; or
( e) commencement of any litigation affecting the mortgaged property.
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0--K 23394 PG,0685
PAGE
31. Waiver to Jury Trial: THE MORTGAGOR AND THE MORTGAGEE IN
ACCEPTING THIS MORTGAGE, KNOWINGLY, VOLUNTARILY, AND
INTENTIONALLY WAIVE THE RIGHT EITHER MAY HA VE TO A TRIAL BY JURY
IN RESPECT OF ANY LITIGATION BASED ON OR ARISING OUT OF, UNDER OR IN
CONNECTION WITH THIS MORTGAGE AND ANY DOCUMENT EXECUTED AND
DELIVERED BY THE MORTGAGOR TO THE MORTGAGEE IN CONJUNCTION WITH
THIS MORTGAGE, OR ANY COURSE OF CONDUCT, COURSE OF DEALING,
STATEMENTS (WHETHER ORAL OR WRITTEN) OR ACTIONS OF EITHER PARTY
OR ANY STOCKHOLDER, DIRECTOR, OFFICER, P ARTNER,EMPLOYEE, AGENT OR
INDEPENDENT CONTRACTOR OF EITHER
IN WITNESS WHEREOF, the Mortgagor has hereunto set its hand and seal on the day and
year first above written, and acknowledges that by signing below accepts and agrees to the tenns and
covenants contained in this Mortgage and in any rider(s) executed by Mortgagor and recorded with
it.
THIS IS A BALLOON MORTGAGE AND THE FINAL PAYMENT OR THE
BALANCE DUE UPON MATURITY IS$ 106,000.00 TOGETHER WITH
ACCRUED INTEREST, IF ANY, AND ALL ADVANCEMENTS MADE BY
MORTGAGEE UNDER THE TERMS OF THE MORTGAGE.
Signed, sealed and delivered in the presence ofus:
Print Name: Armando A. Pardi o
Witness
STATE OF FLORIDA
COUNTY OF MIAMI-DADE

The foregoing instrument was acknowledged before me this ..J..!l day of May , 2005, by
LESZEK LADOWSKI AND JADWIGA LADOWSKI. HIS WIFE, ( ) who are known to me
who have produced their Florida Driver's Licenses as idenAtification.
    "''"''" A.
 

Armando A. Pardillo, Notary

'%
=*. l.( a:> (fl. =
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#00383168
     
C:\MORTGAG!!SIBALLOON MORTGAGE TORRECILLA-LADOWSIU 8 A '•o-"'llC   §.
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• 11111111111111 •
PNOTE
ADJUSTABLE RATE NOTE
( 12-MTA Index - Payment and Rate Caps)
6ARC
03-2265-060325138-0
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE
AND MY MONTHLY PAYMENT. MY MONTHLY PAYMENT INCREASES WILL HAVE LIMITS
WHICH COULD RESULT IN THE PRINCIPAL AMOUNT I MUST REPAY BEING LARGER
THAN THE AMOUNT I ORIGINALLY BORROWED, BUT NOT MORE THAN 125!fr OF
THE ORIGINAL AMOUNT (OR $ 450,000.oo ). MY INTEREST RATE CAN NEVER
EXCEED THE LIMIT STATED IN THIS NOTE OR ANY RIDER TO THIS NOTE. A BALLOON
PAYMENT MAY BE DUE AT MATURITY.
Octgber 25, 2002 MIAMI
!City)
I
8141 SW 170 TH TERRACE, MIMI. Fr. 33157
CProperty Address)
1. BORROWER'S PROMISE TO PAV
Florida
ISt1tel
In return for a loan that I have received, I promise to pay U.S. $ 360, ooo. oo plus
any amounts added in accordance with Section 4 (G) below, (this amount is called •Principal•), plus
interest, to the order of the Lender. The Lender is Washington Mutual Ba.Iik. PA . I
will make all payments under this Note in form of cash, check or money order. I understand that
the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who
is entitled to receive payments under this Note is called the "Note Holder".
2. INTEREST
Interest will be charged on unpaid Principal until the full amount has been paid. Up until the first
day of the calendar month that immediately precedes the first payment due date set forth in Section
3 of this Note, I will pay interest at a yearly rate of 4. 772 %. Thereafter until the first Change
Date (as defined in Section 4 of this Note) I will pay interest at a yearly rate
of 2. 450 %. The interest rate required by this Section 2 and Section 4 of this Note is the Rate I
will pay both before and after any default described In Section 7(8) of this Note.
3. PAYMENTS
(A) rme and Place of Payments
I will pay Principal and interest by making payments every month. In this Note, •payments•
refer to Principal and interest payments only, although other charges such as taxes, insurance
and/or late charges may also be payable with the monthly payment.
I will make my monthly payments on 1st day of each month beginning on
December, 2002 , I will make these payments every month until I have paid all of the
principal and interest and any other charges described below that I may owe under this Note. Each
monthly payment will be applied to interest before Principal. If, on November 1, 2032 , I
still owe amounts under this Note. I will pay those amounts in full on that date, which is called the
"Maturity Date•.
I will make my monthly payments at 9451 CORBIN AVE, NORTHRIDGB, CA 91328
------------' or at a different place if required by the Note Holder.
CB) Amount of My Initial Monthly Payments
Each of my monthly payments until the first Payment Change Date witl be in the a
$ 1. 413 • 09 , unless adjusted at an earlier time under Section 4(H) of this Note.
32859 111.01)
Page, of I
34


03-2265-060325138-0
(C) Payment Changes
My monthly payment will be recomputed, according to Sections 4(EJ(F)(G)(H) and (I) of this
Note, to reflect changes in the Principal balance and interest rate that I must pay. The Note Holder
will determine my new interest rate and the changed amount of my monthly payment in accordance
with Section 4 of this Note.
4. INTEREST RATE AND MONTHLY PAYMENT CHANGES
CA) Change Datea
The interest rate will pay may further change on the 1st day of
    ... • .._.2...,0 ... 0.2 ___ ,, and on that day every month thereafter. Each such day is called a
·change Date•.
(8) The Index
On each Change Date. my interest rate will be based on an Index. The "Index" is the
Twelve-Month Average. determined as set fonh below, of the annual yields on actively traded
United States Treasury Securities adJusted to a constant maturity of one year as published by the
Federal Reserve Board in the Federal Reserve Statistical Release entitled •s.1ected Interest Rates
(H.15)9 (the "Monthly Yields"). The Twelve-Month Average Is determined by adding together the
Monthly Yields for the most recently available twelve months and dividing by 12.
The most recent Index figure available as of 16 days before each interest rate Change Date is
called the "Current Index•. If the Index is no longer available, the Note Holder wlll choose a new
index which is based upon comparable information. The Note Holder will give me notice of this
choice.
CCt Calculation of Changes
Before each Change Date, the Note Holder will calculate my new interest rate by adding
Two &. Five-Tenths percentage points 2. 500 %
C-Margin") to the Current Index. The Note Holder will then round the result of this addition to the
nearest one-thousandth of one percentage point (0.001 %). Subject to the limits stated in Section
4(D) below, this rounded mnount will be my new interest rate until the next Change Date. In the
event a new Index is selected, pursuant to paragraph 4(8), a new Margin will be determined. The
new Margin will be the difference between the average of the old Index for the most recent three
year period which ends on the last date the Index was available plus the Margin on the last date the
old Index was available and the average of the new Index for the most recent three year period
which ends on that date (or if not available for such three year period, for such time as it is
available). This difference will be rounded to the next higher 118 of 1 %.
CD) Interest Rate Limit
My interest rate will never be greater than Rine i Ninety-Fiya-Hun.dredths
percentage points g. 950 % reap•), except that following any sale or transfer of the property
which secures repayment of this Note after the first interest rate Change Date, the maximum
Interest rate will be the higher of the Cap or 5 percentage points greater than the interest rate in
effect at the time of such Salff or transfer.
CE) Payment Change DatM
Effective every year commencing December 1. 2003 • and on the same
date each twelfth month thereafter C-Payment Change Date"), the Note Holder will determine the
amount of the monthly payment that would be sufficient to repay the profected principal balance I
am expected to owe as of the Payment Change Date in full on the Maturity Date at the interest rate
in effect 45 days prior to the Payment Change Date in substantially equal payments. The result of
this calculation is the new amount of my monthly payment, subject to Section 4(F) balow, and I will
make payments in the new amount until the next Payment Change Date unless my payments are
changed earlier under Section 4(H) of this Note.
CFI Monthly Payment Umitations
Unless Section 4(H) and 4(1) below apply, the amount of my new monthly payment, beginning
with a Payment Change Date, wlll be limited to 7 112% more or less than the amount I have been
paying. This payment cap applies only to the principal payment and does not ap ly to any escrow
payments Lender may require under the Security Instrument.
328!19111-011 Page 2 ot8
35
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03-2265-060325138-0
necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me
which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this
refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a
refund reduces Principal, the reduction will be treated as a partial Prepayment.
Mlscelaneous Fees: I understand that the Note Holder will also charge a return item charge in
the event a payment that I make in connection with repayment of this loan is not honored by the
financial institution on which it is .drawn. The current fee is $ is. oo . Lender reserves the
right to change the fee from time to time without notice except as may be required by law.
7. BORROWER'S FAILURE TO PAV AS REQUIRED
(A) Late Charges for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of
Fifteen calendar days after the date it is due, I will pay a late charge to the Note Holder. The
amount of the charge will be s. ooo % of my overdue payment of Principal and Interest. I will
pay this late charge promptly but only once of each late payment.
lB) Defauh
If I do not pay the full amount of each monthly payment on the date it is due, I will be In
default.
(Ct Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay
the overdue amount by a certain date, the Note Holder may require me to pay immediately the full
amount of Principal which has not been paid end all the interest that I owe on that amount. That
date must be at least 10 days after the date on which the notice is delivered or mailed to me (or, if
the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation buys all
or part of Lender's rights under the Security Instrument, in which case the notice will specify a
date, not less than 30 days from the date the notice Is given the Borrower).
(D) No Waiv• By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately
in full as described above, the Note Holder will still have the right to do so If I am In defauh at a
later time.
CEJ Payment of Note Holder's Coats and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note
Holder will have the right to be paid back by ma for all of its costs and expenses in enforcing this
Note, whether or not a lawsuit is brought, to the extent not prohibited by Applicable Law. Those
expenses include, for example, reasonable attorneys' fees.
8. GIVING OF NOTICES
Unless Applicable Law requires a different method, any notice that must be given to me under
this Note will be given by delivering it or by mailing it by first class mail to me at the Property
Address above or at a different address if I give the Note Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by mailing it by
first class mail to the Note Holder at the address stated in Section 3(A) above or at a different
address if I am given a notice of that different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep
all of the promises made in this Note, including the promise to pay the full amount owed. Any
person who is a guarantor. surety, or endorser of this Note is also obligated to do these things.
Any person who takes over these obligations, including the obligations of a guarantor, surety, or
endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note
Holder may enforce its rights under this Note against each parson Individually or against all of us
together. This means that any one of us may be required to pay all of the amounts owed nder this
Note.
32159 11 H>ll Page 4 ot 8
36


03-2265-060325138-0
(G) Changes In My Unpaid Prlndpal Due to Negative Amortization or Accelerated Amortization
Since my payment amount changes less frequently than the interest rate and since the monthly
payment is subject to the payment limitations described in Section 4(F), my monthly payment could
be less or greater than the amount of the interest portion of the monthly payment that would be
sufficient to repay the unpaid Principal I owe at the monthly payment date in full on the maturity
data in substantially equal payments. For each month that the monthly payment is less than the
interest portion. the Note Holder will subtract the monthly payment from the amount of the interest
portion and will ad the difference to my unpaid Principal. and interest will accrue on the amount of
this difference at the current Interest rate. For each month that the monthly payment Is greater
than the interest portion. the Note Holder will apply the excess towards a principal reduction of the
Note.
CHI Limit on My Unpaid Princlpal; lncraaud Monthly Payment
My unpaid principal can never exceed a maximum amount equal to 12st of the principal
amount original borrowed. In the event my unpaid Principal would otherwise exceed that 12st
limitation. I will begin paying a new monthly payment until the next Payment Change Date
notwithstanding the 7 1/2% annual payment increase limitation. The new monthly payment will be
an amount which would be sufficient to repay my then unpaid Principal in full on the maturity date
at my interest rate in effect the month prior to the payment due date In substantially equal
payments.
(I) Required Full Monthly Payment
On the FIFTH anniversary of the due date of the first monthly payment, and on that same
day every FrFTH year thereafter, the monthly payment will be adjusted without regard to the
payment cap limitation in Section 4(F).
(J) Notice of Chango
The Note Holder will deliver or mail to me a notice of any changes in the amount of my monthly
payment before the effective date of any chCW1ge. The notice will Include information required by
law to be given me and also the title and telephone number of a person who will answer any
question I may have regarding the notice.
(Kt Failure to Maka Adjustments
If for any reason Note Holder fails to make an adjustment to the interest rate or payment
amount as described in this Note, regardless of any notice requirement, I agree that Note Holder
may, upon discovery of such failure, then make the adjustment as if they had bean made on time. I
also agree not to hold Note Holder responsible for any damages to me which may result from Note
Holder's failure to make the adjustment and to Jet the Note Holder, at its option, apply any excess
monies which I may have paid to partial Prepayment of unpaid Principal.
5. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due. A payment of
Principal only Is known as a •Prepayment•. When I make a Prepayment, I will tall the Note Holder
in writing that I am doing so.1 I may not designate a payment as a Prepayment if I have not made all
the monthly payments due under the Note.
I may make a full prepayment or partial prepayments without paying any prepayment charge.
The Note Holder will apply all of my prepayments to reduce the amount of principal that I owe
under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid
Interest on the Prepayment amount, before applying my Prepayment to reduce the principal amount
of the Note. If I make a partial prepayment, there will be no changes in the due dates of my
monthly payments unless the Note Holder agrees in writing to those changes. My partial
prepayment may have the effect of reducing the amount of my monthly payments, but only after
the first Payment Change Data following my partial Prepayment. However, any reduction due to my
partial Prepayment may be offset by an interest rate increase.
6. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted
so that the interest or other loan charges collected or to be collected In connection ~ i t   this loan
exceed. the permitted limits, then; (a) any such loan charge shall be reduced by the amount
32119 111.011 Piqe3of8
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03-2265-060325138-0
10.WAIVERS
I and any other person who has obligations under this Note waive the rights of presentment and
notice of dishonor. "Presentment• means the right to require the Note Holder to demand payment
of amounts due. •Notice of Dishonor" means the right to require the Note Holder to give notice to
other persons that amounts due have not been paid.
11. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the
protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed
(the •security Instrument"), dated the same date as this Note, protects the Note Holder from
possible losses which might result if I do not keep the promises which I make in this Note. That
Security Instrument describes how and under what conditions I may be required to make immediate
payment in full of all amounts I owe under this Note. Some of those conditions are described as
follows:
Transfer of the Property or a Beneficial Interest kt Borrower.
If all or any part of the Property or any Interest In the Property is sold or transferred for if a
beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)
without Lender's prior written consent, Lender may require immediate payment In full of all
sums secured by this Security Instrument. However, this option shall not be exercised by
Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this
option if: (a) the request to assume is made after one year following recordatlon of the Deed of
Trust, (b) Borrower causes to be submitted to Lender information required by Lander to evaluate
the Intended uansferee as if a new loan were being made to the transferee: and (c) Lender
reasonably determines that Lender's security will not be impaired by the loan assumption and
that the risk of a breach of any covenant or agreement in this Security Instrument or other
obligations related to the Note or other loan document is acceptable to Lender, (d) Assuming
party executes Assumption Agreement acceptable to Lender at Its sole choice and discretion,
which Agreement may include an increase to Cap as set forth below and (e) payment of
Assumption Fee if requested by Lander.
To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a
condition to Lender's consent to the loan assumption and Lender may increase the maximum
rate limit to the higher of the Cap or 5 percentage points greater than the interest rate in effect
at the time of the transfer. Lender may also require the transferee to sign an assumption
agreement that is acceptable to Lender and that obligates the transferee to keep all the promises
and agreements made in the Note and in this Security Instrument. Borrower will continue to be
obligated under the Note and this Security Instrument unless Lender has entered into a written
Assumption Agreement with transferee and formally releases Borrower.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice
shall provide a period of not less than 30 days from the date the notice is given in accordance
with Section 15 within which Borrower must pay all sums secured by this Security Instrument.
If Borrower falls to pay these sums prior to the expiration of this period, Lender may invoke any
remedies permitted by this Security Instrument without further notice or demand on Borrower.
12. MISCELLANEOUS PROVISIONS
In the event the Note Holder at any time discovers that this Note or the Security Instrument or
any other document related to this loan, called collectively the •Loan Documents,· contains an error
which was caused by a clerical or ministerial mistake, calculation error, computer error, printing
error or similar error (collectively ·errors•). I agree, upon notice from the Note Holder, to reexecute
any Loan Documents that are necessary to correct any such Errors and I also agree that I will not
hold the Note Holder responsible tor any damage to me which may result from any such Errors.
If any of the Loan Documents are lost, stolen, mutilated or destroyed and the Note Holder
delivers to me an indemnification in my favor, signed by the Note Holder, then I will si n and deliver
32859111-011 Page 5 of 6
38
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03-2265-060325138-0
to tha Note Holder a Loan Document identical in form and content which will have the effect of the
original for all purposes.
13. DOCUMENTARY TAX
The state documentary tax due on this Note has been paid on the mortgage securing this
indebtedness.
WITN SS· THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
-
3181111 l·Dll
Page B of B
39
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Prepayment Fee Note Addendum
TRUE CERJIFIEDCOPY
&ARC VRAoJ-2265-0•0125•>•-o
This Note Addendum is made this 25th day of oct:;gber. 2002 and is
incorporated Into and shall be deemed to amend and supplement the Note made by the undersigned
{the ·eorrower•J in favor of Washington Mutual Bank· FA {the "Lender•)
and dated as of even date herewith {the "Note•).
This Note Addendum amends the provision In the Note regarding the Borrower·s right to prepay
as follows:
BORROWER'S RIGHT TO PREPAY
I have the right to make payments of principal before they are due. Any payment of principal,
before it is due. is known as a •prepayment." A prepayment of only part of the unpaid principal is
known as a •partial prepayment.• A prepayment of the full amount of the unpaid principal is known
as a •full prepayment.•
If I make e full prepayment. I may be charged a fee as follows:
If Noteholder receives a prepayment on or before the first anniversary of the
date of the Note, the Prepayment Fee shall be equal to TWO percent
( 2. ooo %) of the original loan amount. Thereafter. prepayment of the Note shall
be permitted without any Prepayment Fee.
The Prepayment Fee shall be payable upon a full prepayment, voluntary or Involuntary, including
but not limited to a prepayment resulting from Noteholder·s permitted acceleration of the balance
due on the Note. Notwithstanding the foregoing, nothing herein shall restrict my right to prepay at
any time without penalty accrued but unpaid interest that has been added to principal.
When I make a full or partial prepayment I will notify the Noteholder in writing that I am doing
so. Any partial prepayment of principal shall be applied to interest accrued on the amount prepaid
and then to the principal balance of the Note which shall not reduce the amount of monihly
installments of principal and interest (until reamortized as set forth in the Note at the next Payment
Change Date) nor relieve me of the obligation to make the installments each and every month until
the Note is paid In full. Partial prepayments shall have no effect upon the due dates or the  
of my monthly payments unleos the Noteholder agrees in wrblng to IUCh chenges. /
0
,
4317 IOl.011 Peg81of2
40
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03-2265-060325138-0
NOTICE TO THE BORROWER
Do not sign this Note Addendum before you read it. This Note Addendum providH for the
paYf1*'t of a Prepayment Fee If you wish to repay the loan prior to the date provided for repayment
in the Note.
By signing below, Borrower accepts and agrees to the terms and covenants contained in this
Note Addendum.
x . ~ ~ ~ ~   1   =   ~ .......... ~ ~ ~ ~ ~ ~ ~ ~ ~
LBSZD: SJtl
x aaicif!--n l u .
43417 IOll-011
Page 2 of 2
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41

WASHINGTON MUTUAL BANK,
Plaintiff,
vs.
LESZEK LADOWSKI; GROVES AT
CUTLER HOMEOWNERS
ASSOCIATION, INC.; JORGE
TORRECILLA; MAG DALIA
TORREECILLA; JADWIGA LADOWSKI;
JOHN DOE; JANE DOE AS UNKNOWN
TENANT (S) IN POSSESSION OF THE
SUBJECT PROPERTY,
Defendants.
IN THE CIRCUIT COURT OF THE
11 TH JUDICIAL CIRCUIT, IN AND FOR
DADE COUNTY, FLORIDA
CIVIL DIVISION 0 0 CA 1 0
CASE NO.: a1-?> o
Jennifer Gonzalez
NOTICE OF LIS PENDENS
TO THE ABOVE STYLED DEFENDANTS AND ALL OTHERS WHOM IT MAY CONCERN:
YOU ARE HEREBY NOTIFIED of the institution of this action by Plaintiff against you seeking
to foreclose a mortgage on the following property in Dade County, Florida:
LOT 43, IN BLOCK 1, OF GROVES AT OLD CUTLER, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 146, AT PAGE 60, OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
including the buildings, appurtenances, and fixtures located thereon.
07-19992
Law Offices of Marshall C.Watson, P.A.
1800 N.W. 49TH Street, Suite 120
Fort Lauderdale, FL 33309
Telephone: (954) 453-0365
(800) 441-2438
Facsimile: (954) 771-6052
By:  
Tenia Hunter, Esq.
Bar Number: 0016635
42


IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN
AND FOR MIAMI-DADE COUNTY,
FLORIDA
WASHINGTON MUTUAL BANK, GENERAL JURISDICTION DIV.
Plaintiff, CASE NO. 07-33380 CA 10
vs.
LESZEK LADOWSKI, et al,
Defendant( s ),
ANSWER TO MORTGAGE FORECLOSURE COMPLAINT
COMES NOW, the Defendant herein, THE GROVES AT OLD CUTLER
HOMEOWNERS ASSOCIATION, INC., (hereinafter, "ASSOCIATION"), by and through their
undersigned attorney, and files this, their Answer to Plaintiffs Mortgage Foreclosure Complaint
and states as follows:
1. That, as to the allegations contained in Paragraphs 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13,
14, 15, 16, 17, 18, 20, and 21, of Plaintiffs Complaint, Defendant ASSOCIATION is without
knowledge, and therefore denies.
2. That, as to the allegations contained in Paragraphs 1 and 10 of Plaintiffs
Complaint, Defendant ASSOCIATION admits the allegations.
3. That, as to the allegations contained in Paragraphs, 19, Defendant Association
admits that it does claim an interest in the subject property for unpaid assessments for common
area maintenance, but denies that said interest is subordinate to/or inferior to the lien of Plaintiffs
mortgage.
4. That as to any allegation, not specifically admitted herein, Defendant Association
denies.
C5
..
43


AFFIRMATIVE DEFENSE
Pursuant to Florida Statutes 718.116(1)(a), Plaintiff is liable to Defendant, THE
GROVES AT OLD CUTLER HOMEOWNERS ASSOCIATION, INC., for payment of not more
than six months of unpaid assessments or 1 % of the original mortgage debt, whichever is less, for
the involved condominium unit's pro rata share of common expenses which accrue prior to the
issuance of a Certificate of Title, if Plaintiff acquires title to the involved condominium unit as a
result of the foreclosure of the subject mortgage.
WHEREFORE, the Defendant, ASSOCIATION, respectfully requests that in the event
the Plaintiff prevails in this action and the property is sold by the Clerk to satisfy Plaintiffs
judgment in foreclosure, any sum received in excess of said sum be paid first to the Defendant
ASSOCIATION to satisfy any unpaid assessments for common area maintenance. The
undersigned attorney respectfully requests to be included on the service list and copied with all
ensuing pleadings and correspondence in the above-referenced case.
I HEREBY CERTIFY that a true and correct copy of the foregoing Answer has been
furnished to Tenia Hunter, Esq., of the Law Offices of C. Watson, 1800 N.W. 49•
Street, Suite 120, Fort Lauderdale, Florida 33309, on this day of October, 2007.
Law Offices of Juan A. chez
10251 Sunset Drive, # 10
Miami, Florida 33 73
(305)-275-8550
     
44
'\

WASHINGTON MUTUAL BANK,
Plaintiff,
vs.
LESZEK LADOWSKI; GROVES AT
CUTLER HOMEOWNERS
ASSOCIATION, INC., JORGE
TORRECILLA; MAG DALIA
TORRECILLA; JADWIGA LADOWSKI;
JANE DOE AS UNKNOWN TENANT(S)
IN POSSESSION OF THE SUBJECT
PROPERTY,
Defendants.

IN THE CIRCUIT COURT OF THE 11th
JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CASE NO.: 07-33380 CA 10
c=:
-..
0
,-)
....-l
. ( ' ~ ' '
{..;) .. ,,
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·.::.) ,.
  ' i ~
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r:-t
t.n
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DEFENDANTS', JORGE TORRECILLA AND MAGDALIA TORRECILLA,
ANSWER AND AFFIRMATIVE DEFENSES
Defendants, JORGE TORRECILLA AND MAGDALIA TORRECILLA
("DEFENDANTS"), by and through their undersigned counsel and pursuant to the
applicable Florida Rules of Civil Procedure hereby file their Answer and
Affirmative Defenses to the Plaintiff's, WASHINGTON MUTUAL BANK
("WASHINGTON MUTUAL"), Complaint, and states:
COUNT I
1. Count I does not purport to state a cause of action against the
DEFENDANTS, therefore the DEFENDANTS do not respond to the allegations
herein.
.f\·y0
45

CAS •. : 07-33380CA10
COUNT II
10. Admitted.
11. The "Note" and Mortgage speak for themselves. All other
allegations not specifically admitted are denied.
12. The DEFENDANTS are without knowledge, therefore denied.
13. The DEFENDANTS are without knowledge, therefore denied.
14. The DEFENDANTS are without knowledge, therefore denied.
15. The DEFENDANTS are without knowledge, therefore denied.
16. The DEFENDANTS are without knowledge, therefore denied.
17. The DEFENDANTS are without knowledge, therefore denied.
18. The DEFENDANTS are without knowledge, therefore denied.
19. The DEFENDANTS are without knowledge, therefore denied.
20. The Defendant, JORGE TORRECILLA, admits that it has an
interest in the subject property by virtue of a Mortgage, which is recorded at
Official Records Book 23394, Page 678 of the Public Records of Miami-Dade
County. All other allegations not specifically admitted in this paragraph are
denied.
21. The Defendant, MAGDALIA TORRECILLA, admits that it has an
interest in the subject property by virtue of a Mortgage, which is recorded at
Official Records Book 23394, Page 678 of the Public Records of Miami-Dade
County. All other allegations not specifically admitted in this paragraph are
denied.
2
46

CAS •. : 07-33380CA10
AFFIRMATIVE DEFENSE
22. For its first affirmative defense, the DEFENDANTS would
affirmatively state that it is entitled to recover any surplus proceeds resulting from
a foreclosure judgment in this action.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was
furnished by mail and facsimile to: Mr. Marshall C. Watson, Esq., Law Offices of
Marshall Watson, P.A., 1800 N.W. 49th Street, Suite 120, Fort Lauderdale FL
33309, on   of October, 2007.
PIEDRA & ASSOCIATES, P.A.
Grove Professional Building
2950 S.W. 27 Avenue
Suite 300
Miami, Florida 3 33
Telephone: 0 )
Facsimile: 3 5)
3
ESQUIRE
F rida Bar No. 88315
JOE L. PIEDRA, ESQUIRE
lorida Bar No. 659908
47
....

IN THE CIRCUIT COURT OF THE
11 TH JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.: 07-33380 CA 10
WASHINGTON MUTUAL BANK, P.A.
Plaintiff,
0, _ ..
ANSWER TO PLAINTIFF'S COMPLA1NT
-vs-
AND AFFIRMATIVE DEFENSES    
LESZEK LADOWSKI, and
JADWIGA LADOWSK!, et a!.
Defendants.
\'.
(.,•)
-
COME NOW, the Defendants, LESZEK LADOWSKI and JADWIGA LADOWSKI, by and
through their undersigned attorney and file this their Answer to Plaintiff's Complaint to Foreclose
Mortgage and alleges as follows:
1. Defendants, LESZEK LADOWSKI and JADWIGA LADOWSKI, admit the allegations
contained in Paragraphs 1, 2, 3, 8, 10, 11, 12, and 13, of Plaintiff's Complaint.
2. Defendants, LESZEK LADOWSKI and JADWIGA LADOWSKI, deny the allegations
contained in Paragraphs 9, 14, 15, 16, 17, 18, 19, 20, and 21,of Plaintiff's Complaint.
3. Defendants, LESZEK LADOWSKI and JADWIGA LADOWSKI, are without
knowledge of the allegations contained in Paragraphs 4, 5, 6, and 7,of Plaintiff's Complaint
AFFIRMATIVE DEFENSES
4. The Plaintiff failed and/or refused to accept tender of payment by the Defendants prior to
acceleration and the foreclosure action being filed.
5. As a condition to acceptance of the payments due under the terms of the note and mortgage
sued upon the Plaintiff demanded the Defendants pay, late fees, escrow shortages, default interest,
collection costs and attorney's fees which are unreasonable and unconscionable, thereby effectively
denying the Defendants' right to reinstatement under the terms of the mortgage.
48

6. Defendants, LESZEK LADOWSKI and JADWIGA LADOWSKI allege that Plaintiff
should be barred from foreclosing the note and mortgage, because Plaintiff, failed to provide Defendant,
LESZEK LADOWSKI and JADWIGA LADOWSKI, with the 30-day written notice required by the
note and mortgage sought to be foreclosed by the Plaintiff.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY, that a true and correct copy of the foregoing was mailed and faxed this
7J_ day of October, 2007 to: TENIA HUNTER, ESQ., LAW OFFICES OF MARSHALL WATSON,
P.A., Attorneys for Plaintiff, 1800 N.W. 49 St., Suite120, Ft. Lauderdale, Florida 33309.
JORGE E. BLANCO, P.A.
Attorney for Defendants
LESZEK LADOWSKI and
JADWIGA LADOWSKI
1401 Ponce de Leon Blvd., Suite 202
Coral Gables, Florida 33134

Telephone 305 444.::Q.04('·:' . . . ,.,)
BY:  
<_ __ .. JORG E BLANCO, ESQ.
Fla. r. No.: 197807
49
WASHINGTON MUTUAL BANK,
Plaintiff,
vs.
LESZEK LADOWSKI; GROVES AT
CUTLER HOMEOWNERS
ASSOCIATION, INC.; JORGE
TORRECILLA; MAG DALIA
TORREECILLA; JADWIGA LADOWSKI;
JOHN DOE; JANE DOE AS UNKNOWN
TENANT (S) IN POSSESSION OF THE
SUBJECT PROPERTY,
Defendants.
IN THE CIRCUIT COURT OF THE
11 TH JUDICIAL CIRCUIT, IN AND FOR
DADE COUNTY, FLORIDA
CIVIL DIVISION DIV. 10
CASE NO.: 2007-33380-CA
MOTION FOR SUMMARY FINAL JUDGMENT OF FORECLOSURE
Plaintiff, WASHING TON MUTUAL BANK, moves the Court for entry of a Summary Final Judgment of
Foreclosure including an award of attorney's fees to Plaintiff on the grounds that Plaintiff is entitled to such
a Final Judgment as a matter oflaw. The substantial matter of law to be argued is the priority of the lien of
Plaintiffs mortgage over the interest of all other Defendants in the real property encumbered by said
mortgage and Plaintiffs entitlement to an award of attorney's fees.
In support of this motion, Plaintiff shows the Court:
1. Plaintiff filed its Complaint to Foreclose a Mortgage on real property located in Dade County,
Florida, the legal description of which is set forth in the Complaint.
2. The provisions of the note and mortgage being sued upon in this action confer upon Plaintiff the
right to accelerate all sums due thereunder upon the default thereof, and the right to foreclose all
interests in the encumbered property which are inferior to the lien of said mortgage. Hubbard v.
Highland Realty & Inv. Co., 156 So. 322 (Fla. 1934); Campbell v. Werner, 232 So. 2d 252 (Fla.3d
D.C.A. 1970). The provisions of said note and mortgage also provide for an award of attorneys
fees to Plaintiff in the event of the filing of an action for foreclosure.
3. The pleadings and exhibits filed herein, as well as Plaintiffs affidavit in support hereof, establish
that Plaintiffs mortgage is a purchase money mortgage or was recorded prior to the recording of
07-19992
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50

the instruments creating the liens in favor of those Defendants who claim an interest in the real
property encumbered by the mortgage. Therefore, any such interest, which may be vested in the
aforesaid Defendants, is subordinate and inferior to the lien of Plaintiffs mortgage. Sarmiento v.
Stockton. Whatley, Davin & Co .. Inc .. 399 So. 2d 1057 (Fla. 3d DCA 1981), United States v. First
Federal Savings and Loan Association of St. Petersburg. 155 So. 2d 192 (Fla. 2d DCA 1963).
WHEREFORE, Plaintiff respectfully requests this Court grant its Motion for Summary Final Judgment of
Mortgage Foreclosure including an award of attorney's fees and for such further relief as the Court deems
just and proper.
I HEREBY CERTIFY that a true copy of the foregoing Motion for Summary Judgment, and the following
supporting affidavits: Time & Effort, Attorney's Fees, Indebtedness, Cost were delivered to the parties on
the attached mailing list by mail this / / -r- day of ~ w }   , 2008.
07-19992
Law Offices of Marshall C. Watson, P.A.
1800 N.W. 49th Street, Suite 120
Fort Lauderdale, Fl 33309
Telephone: (954) 453-0365/1-800-441-2438
Facsimile: (954) 771-6052
By:
Tenia Hunter, Esq.
Bar No.: 0016635
51
MAILING LIST
Case No.: 2007-33380-CA
JORGE E. BLANCO, ESQ ATTORNEY FOR
LESZEK LADOWSKI AND JADWIGA LADOWSKI
1401 PONCE DE LEON BLVD# 202
CORAL GABLES, FL 33134
JUAN A. SANCHEZ, ESQ ATTORNEY FOR
GROVES AT CUTLER HOMEOWNERS ASSOCIATION, INC.
10251 SUNSET DR# A-106
MIAMI, FL 33173
JORGE L. PIEDRA, ESQ ATTORNEY FOR
JORGE TORRECILLA AND MAGDALIA TORREECILLA
2950 S.W. 27TH AVE
MIAMI, FL 33133
JANE DOE AND JOHN DOE
8141SOUTHWEST170TH TERRACE
MIAMI, FL 33157
07-19992

52
WASHINGTON MUTUAL BANK,
Plaintiff,
vs.
LESZEK LADOWSKI, et al,
Defendants.
IN THE CIRCUIT COURT OF THE
11 TH JUDICIAL CIRCUIT, IN AND FOR DADE
COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 2007-33380-CA
STATE OF FLORIDA
COUNTY OF BROWARD
AFFIDAVIT OF COSTS
BEFORE me, the undersigned authority, personally appeared
Tenia Hunter, Esq., who being duly sworn, deposes and says:
1. He/She is attorney of record for the Plaintiff in the above styled action and that he/she is
authorized to make this affidavit and makes this Affidavit based on his/her own personal
knowledge.
2. Plaintiff has expended the following costs in the above foreclosure action:
Title Search & Review $
325.00
Clerks Filing Fee $
266.00
Service of Process $
495.00
TOTAL $ 1,086.00
FURTHER AFFIANT SA YETH NAUGHT
Tenia Hunter
Bar No.: 0016635
.C:.1A1'I OF f10llJDA.
NOTARY P l f f i ~ l   h ~ lle Gonzalez
Mic .e. i1nD444867
Comm1ss1on trt< 26 2009
. s· JU'N... '
E1qllre · Q.i.n& co., \t\C:·
"""'"'' Atlantic: Bon
-aonded H ...
07-19992
53
Invoice

INVOICE
PRO VEST
4520 SEEDLING CIRCLE
TAMPA, FL 33614-2400

INVOICE NUI\'IBER:
--------·----··· ..·-·-------------·-----
CUSTOMER BILLING

07-19992
Page 1 of2
10/26/2007
680738
ISOONW 49Tll STR.EET,#120 MAIN DEFENDANT:
FT. LAUDERDALE, FL 33309
:-IDNE
PLAINTIFF:
'COUNTY:
LESZEK LADOWSK.I ET AL
WASHINGTON MLTUALBANK
DADE
STATt:S DATE
LESZEK LADOWSKI
10/0112007 TRANSFERRED
10/02/2007 ATTEMPTING SERVICE· ls1 Address
10/13f2007 SERVICE COMPLETE
·-------···---·····---·----------
JADWIGA LADOWSKI
1010112007 TRAN5f'ERRED
10/02/2007 ATTEMPTING SERVICE -1st Address
10113/2':>07 SERVICE COMPLETE
-·-·--------·····-· ---------·-···-·---
GROVES AT CUTLER HOMEOWNERS ASSOCIATION, INC.
10/01/21)01 TRANSFERRED
I 0/0212()07
I 0/ 11/2007
ATTEMPTING SERVICE - I st
SERVICE COMPLETE
JORGE TORRECllLA
10/01/2007 TRANSFERRED
10/0112007 ISSUE
lOI07i2007 SKIP TRACll'G FOR ADDRESS
10/1112007 SKIP TRACll'G FOR ADDRESS
10/1212007 LOCATED ADDRESS
l0/1212007 ATIEMPTING SERVICE-1st Address
i0/1712007 SERVICE COMPLETE
TAX CHARGE
$0.00 $0.00
$0.00 $45.00
$0.00 $0.00
··-------------
$0.00 $0.00
$0.00 $45.00
S0.00 $0.00
$0.00 $0.00
$0.00 $45.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $90.00
$0.00 $0.00
$0.00 $0.00
$0.00 $45.00
S0.00 $0.00
--·-···--···------···--·--··--··--·------- ············-·----------···--·--···-···-······-----·-···--·---------·
MAGDAUA TORREECILLA
10/0112007 TRANSFERRED
I 0/0212007 ISSUE
10/0712007
1011112007
10/1212007
10/1212007
10/17/2007
SKIP TRACl1'G FOR ADDRESS
SKIP TRACING FOR ADDRESS
LOCATED ADDRESS
ATTEMl'TINCi SERVICE- lst Acktess
SERVICt::  
S0.00 S0.00
.W.00 $0.00
W.00 $90.00
$0.00 $0.00
$0.00 ro.oo
$0.00 $45.00
$0.00 $0.00
TOTAL
$0.00
$45.00
$0.00
$0.00
$45.00
$0.00
$0.00
$4'\.00
$0.00
$0.00
$0.00
$90.00
$0.00
$0.00
$4S.OO
$0.00
S0.00
$0.00
$90.0li
$0.00
$0.00
$45.00
$0.00
-----···-- ······. ················--········-·---··-··---··---·······-·-··-·--------· ···-·-·-----··
JOHN DOE
10/01/2007
10/02/2007
10/13/2007
10/1312007
TRANSFERRED
.11.TTF.MPTING SER\'ICE - ls1 Address
NON-SERVICE OWNER OCCUPIED
NON-SERVICE OWNER OCCUPIED
$0.00
$0.00
$0.00
$0.00
------·-·····--·-·-····-··-····-·"········-··----·········-······················-·--·---·---
JANE DOE
10/01/2007 TRANSFERRED $0.00
https://www.provt:St.usltrackerweb/Reports/Invoice.aspx?CaseID=680738
$0.00 $0.00
$4S.OO $45.00
$!}.()() $0.00
$0.00 $0.00
••••• .. ••¥
$0.00 $0.00
10/26/2007
54
Invoice
INVOICE
10/02/2007
I OJ 13/2007
10/13/21)07

A iTEMPTING SERVICE-1st Ackk'CM
NON-SERVICE OWNER OCCUPIBD
NON-SERVICE OWNER OCCUPIED
----·--··-· ...-·--· ..·······-----

Page2of2
INVOICE NUMBER: 680738
$0.00
$0.00
$0.00
$45.0D
$0.00
$0.00
$45.00
$0.00
$0.00
·----.--...... --.--..-------
SUBTOTAL: $495.00
TOTAL EXTRA CHARGES: $0.00
PREPAID: $0.00
TOTAL: $495.00
https://www.provest.us/trackerweb/Reportsllnvoice.aspx?CaseID==680738 10/26/2007
55

WASHINGTON MUTUAL BANK,
Plaintiff,
vs.
LESZEK LADOWSKI, et al,
Defendants.
IN THE CIRCUIT COURT OF THE
11 TH JUDICIAL CIRCUIT, IN AND FOR DADE
COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.:
 
STATE OF FLORIDA
COUNTY OF BROWARD
AFFIDAVIT OF TIME AND EFFORT
BEFORE me, the undersigned authority, personally appeared
Tenia Hunter who, having been duly sworn, deposes and says:
That, he/she is employed as an attorney at the Law Offices of Marshall C. Watson, P.A, that as attorney for
Plaintiff in the above styled action, affiant has expended times as follows:
Review information received from client
Preparation of Lis Pendens, Complaint, Summons, and Civil Cover Sheet
Review of returns of Service
Review correspondence, and miscellaneous telephone communications and
memorandum to our client
Preparation of Motion for Summary Final Judgment of Foreclosure, Affidavit as to
Indebtedness, Attorney's Fee Affidavit, Affidavit of Time and Effort, Notice of
Hearing, Proposed Final Judgment, Proposed Notice of Sale and Final Disposition Form
Attend Final Hearing (estimate)
Preparation of Final Package to Court
Total
1.00 hours
1.25 hours
.50 hours
1.00 hours
2.25 hours
1.00 hours
1.00 hours
8.00 hours
The Law Offices of Marshall C. Watson, P.A has agreed to charge a flat-fee of$1,200.00 for services
rendered as described above. Affiant certifies that there are no reasons for either reduction or enhancement
of the fee pursuant to Florida Patients' Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985).
FURTHER AFFIANT SA YETH NAUGHT
Sworn to and subscribed cL
me, this f \ day of

,2008
Commissioned Name ofJfotary Public _____ _
Tenia Hunter
Bar No.: 0016635
Personally known .fLor produced identification ___ _
Type ofldentification Produced __________ _
07-19992
'\
--<;. '')
">"
<.f.

d
56

WASHINGTON MUTUAL BANK,
Plaintiff,
IN THE CIRCUIT COURT OF THE
11 TH JUDICIAL CIRCUIT, IN AND FOR DADE
COUNTY, FLORIDA vs.
LESZEK LADOWSKI, et al,
Defendants.
CIVIL DIVISION
CASE NO.: 2007-33380-CA
AFFIDAVIT AS TO ATTORNEY'S FEES
STATE OF FLORIDA )SS:
COUNTY OF BROWARD )
BEFORE me, the undersigned authority, personally appeared ANTHONY LEPORE, ESQ, who
being duly sworn, deposes and says:
1. I am an attorney licensed to practice in the State of Florida and I have practiced law in
BROWARD County, Florida, for 12 years.
2. Plaintiff has made its file available for review in this action, and I have conferred with said
counsel regarding the services rendered by him/her herein.
3. In my opinion, a flat-fee arrangement of$1,200.00 by said counsel from inception to completion
is adequate, and customary.
4. I have evaluated the factors checked below in determining my opinion of a reasonable attorney's
fees as stated above:
07-19992
X a) The time and labor required, the novelty, complexity and difficulty of the
questions involved, and the skill required to perform the legal service
properly.
X b) The likelihood that the acceptance of the particular employment will preclude
other employment by the lawyer.
X c) The fee, or rate of fee, customarily charged in this locality for legal services
of a comparable or a similar nature.
57


K d. The significance of, or amount involved in, the subject matter of the representation, the
responsibility involved in the representation, and the results obtained.
K e. The time limitations imposed by the client or by the circumstances and, as between attorney and
client, any additional or special time demands or requests of the attorney by the client.
K f. The nature and length of the professional relationship between said counsel and the client.
K g. The experience, reputation, diligence and ability of Plaintiffs attorney and the skill, expertise, or
efficiency of effort reflected in the actual providing of such services.
K h. The fact that the fee is fixed and not contingent and the fact that the client's ability to pay did not
rest to any significant degree on the outcome of the representation.
FURTHER AFFIANT SA YETH NAUGHT.
Sworn to and subscribed before me
ThisJLdayof ~ ,20°3'
~ G <   - - ·
NOTARY PUBLIC, State of Florida
Commissioned Name of Notary public
Personally Known_uefr produced identification_
Type of identification produced ______ _
-
58


WASHINGTON MUTUAL BANK,
Plaintiff,
IN THE CIRCUIT COURT OF THE
llTH JUDICIAL CIRCUIT, IN AND FOR
DADE COUNTY, FLORIDA vs.
LESZEK LADOWSKI, et al,
Defendants.
CIVIL DIVISION
CASE NO.: 2007-33380-CA
AFFIDAVIT OF INDEBTEDNESS
STATE OF
µ ~ )
COUNTY OF
BEFORE me, personally appeared
who, after first duly sworn, deposes and says:
1. Affiant is
~ V  
of the servicing agent of the
Plaintiff and is personally familiar with the loan, which is
owned by the Plaintiff and is subject matter of this action. The
information hereinafter given as to the indebtedness arising by
virtue of the execution of the note and mortgage sued upon in
this action is contained in the original books and records
maintained in the office of said servicing agent. Affiant has
personal knowledge of the books and records of the servicing
agent and how they are maintained as they relate to the mortgage
loan owned by Plaintiff. These books and records include data
compilations of the payments, including escrow payments and
advances made and received on the mortgage loan in question, and
are kept in the course of a regularly conducted business activity
by said servicing agent. The entries are made at or near the time
each payment is received by persons with knowledge of the
information being recorded. It is the regular practice of said
servicing agent to make these entries at the time the payments
are received. Affiant has actual and personal knowledge of the
facts stated herein and is authorized to make this Affidavit.
2. The allegations of the Complaint filed in this action are true
and correct.
07-19992
59
. .
;


3. There is now due and owing to the Plaintiff upon said note and
mortgage the following amounts:
a) Principal Balance on the note and
mortgage $ 352,839.15
 
b) Accrued interest through from 5/1/07 to
12/02/07(per diem: $72.76) $ 17,723.61
c) Restructured Interest $ 0.00

d) Escrow: $ 0.00
Taxes
Hazard Insurance
Flood Insurance
Mortgage Insurance Premium
$ 0. 00
$ 0. 00
$ 0. 00
$ 0. 00
e) Pre-Acceleration Late Charges
f) Property Appraisal
g) Property Inspections
h) Non-Sufficient Funds
i) Interest on Advances
j) Brokers Price Opinion
k) Bankruptcy Fees and Costs
1) Property Preservation
m) Escrow/Suspense Credit
$
$
$
$
$
$
$
$
- $

377.44
0.00
8.90
0.00
0.00
0.00
0.00
0.00
0.00
4. On account of Defendants default under the note and mortgage sued
upon herein, Plaintiff retained its attorney of record and
instructed the filing of this action and agreed, bound and
obligated itself to pay said attorney for his/her services on its
Sworn
this
behalf such sum as the Court
me,
2007
Aff iant
LlJ,ttr a th06 t+
.AVV
Notary Public, State of  
Commissioned Notary
Personally known or produced identification
Type of Identification Produced
07-19992
Matthew Allan Banaszewski
NOTARY PUBLIC· MJNNESOTA
MY COMMISSION
EXPIRES JAN. 31, 2011
<
60
/

WASHINGTON MUTUAL BANK,
PLAINTIFF,
-vs-
LESZEK LADOWSKI, ET AL,
DEFENDANT

IN THE CIRCUIT COURT OF THE 11 rn
JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA.
CIVIL DIVISION
CASE NO.: 07-33380 CA 10
AMENDED
MOTION TO WITHDRAW
'' '.',i
The Law Firm of JORGE E. BLANCO, P.A., Counsel for Defendant, LESZEK
LADOWSKI, and JADZIA LADOWSKI, respectfully petitions this Court to Withdraw as Counsel
of record for said Defendant upon the following grounds:
1. That the Defendants and their undersigned counsel have reached an impasse regarding
the handling of this case.
2. That various fundamental and irreparable differences have occurred between the
Defendants and the undersigned counsel making it impossible to continue representation in this case.
WHEREFORE the undersigned counsel prays for an order allowing his withdraw as
attorney ofrecord for LESZEK LADOWSKI and JADZIA LADOWSKI, in this case.
I HEREBY CERTIFY that a true and correct copy of the foregoing was mailed this 12th
day of September, 2008 to: Law Offices of Marshall C. Watson, P.A., Tenia Hunter, Esq., 1800
N.W. 49th Street, Suite 120, Fort Lauderdale, Florida 33309 and Lezsek Ladowski and Jadzia
Ladowski, defendants, 8141 S.W. l 70
1
h Terrace, Miami, Florida 33157.
JORGE E. BLANCO, P.A.
1401 Ponce De Leon Blvd., Suite 202
Coral Gables, Florida 3 3134
Telepho o.: 4 -0044
JORGE . BLANCO, ESQ.
FLORI A BARNO.: 197807
61
... l
••
Plaintiff (s),

IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN AND
FOR DADE COUNTY, FLORIDA -<'I
<
  JURISDICTION
CASE NO. 0 7 - :?3 OJlJ CA 1
<). ,,,,,. ·' '>
,..(;, c ,.j
- .f<'
Ci
L'";s.<EI< /(;
0
..
ORDER GRABT:IHG MOT:IOH ·• -" f"'

TO WITHDRAW
·''
Defendant.
GUJLLERMO DIAZ
THIS CAUSE having come on on Motion to
Withdraw of counsel for
7
t'DefendantS and appropriate notice
having been given to all parties of the hearing before the Court,
it is thereupon
ORDERED and ADJUDGED as follows«__-.-- .
l. The Motion is granted and -0ogb£. Q fvtY-<''), Esquire is
''I
hereby permitted to withdraw as attorney for 11i1QC/Deffiwiant$,
J   l..ii."•w.Ji1·
forthwith and they shall have no further obligation in this matter.
2 .
Within (20) Qf this order
... It: "44..\I"" .....,. ... t..llA:lcrusci
•••I • eitlier: I
a) Retain a new attorney and have the attorney file a
written appearance.
b) File a written notification with the Clerk advising
the Court that the party wishes to represent-themself. (NOTE: This
option is not available to corporations. Corporations may only
appear through counsel.) Nicholson Supply· Co. v. First Federal
Savings & Loan Association of 'Hardee Cow.1.ty, (184 So.2d 438, 1966).
3 . Until new counsel appears, •••••Def endantS may be
noticed at the address shown ay the bottom of the second
page.
62
• •
. §,,{;?
4 . The failure fl;tt/ to exercise one of the
options contained in Paragraphs A & B  
party no longer desires to have its position represented in the
lawsuit and sanctions may be imposed by the Court, either on the
Court
1
s own Motion or on the Motion of the opposing counsel
tpe of pleadings and of against
2l/i. c(. or dismissal of the above styled lawsuit.
.. ? Z2d'tU)).i .· .. . ,,
DONE"' an% ORDERED in Chambers, at Miami, Florida, this _/ __
day of ()c .krz ' 2007. h
Copies furnished to:
_Jr/k&ll..__G.J....\. ....        
Circuit Judge
"
All Counsels of Record
Leu--e le. t>r-J 'l..biw.k-1:
<g l
41
. s w, -

f
.,
, .
"I
63
• •

IN THE
IN AND
• • • • • • •
CIRCUIT CIRCUIT
FOR MIAMI DADE, COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION

CASE NO. 07- 33380-CA-01
WASHINGTON MUTUAL BA
Plaintiff(s)
vs.
LADOWSKI, LESZEK
GROVES AT CUTLER HOM
TORRECILLA, JORGE
Defendant(s)
Section No. 10
CIVIL DIVISION
Motion, Notice and
Judgment of Dismissal
• • • • •
ORDER ON MOTION TO DISMISS
FOR LACK OF PROSECUTION
CLOCK IN
T IS CAUSE having come on to be heard pursuant to Rule
1.420 f the Fla.R.Civ.P. and the Court being fully advised in
the
I THE COURT FINDS that no party opposing the motion to dimiss
I I for lack of prosecution having appeared as ordered and
demonstrated the existence of the requisite record activity or
that action had been stayed nor having timely filed a showing
of good cause in writing, if required, and therefore, in the
absence of any evidence to the contrary, the Court finds that
(1) notice prescribed by Rule 1.420(e) was timely served; (2)
there was no record acitivity during the 10 months immediately
preceding service of the foregoing notice; (3) there was no
record activity during 60 days immediately following service of
the foregoing notice; (4) no stay has been issued or approved by
the Court; and (5) no party has shown good cause why this action
should remain pending;
N
HEREF?RE, IT IS ORDERED that this action is dismissed for lack of prosecution.
COURT FINDS good cause why this action should remain pending;
herefore, IT ORDERED AND ADJUDGED that the Motion to Dimiss for Lack of
prosecution pursuant to Florida Rule of Civil Procedure 1.420(E), is hereby
DENIED. ...
inj;hambers at Miami-Dade County,
  --.. ---9tt10
cc: Counsel/Parties of Record
Florida this
MARGARITA ESQUlR02J
t'IRCLJ!T JUDGB
In accordance with the Americans with Disabilities Act OF 1990, persons
needing a special accommodation to participate in this proceeding should
contact the ADA Coordinator at the Dade County Courthouse, 73 West Flager
Street, Miami, Florida 33130, no later than seven days prior to the proceeding
at 305-349-7175 (Voice); and 305-349-7174 (TDD) or the Florida Relay Service
at 1-800-955-8770 or 1-800-955-8771.
282
• • • • • • • • • • • • • •


64
{JR!:;!

I - WASHINGTON MUTUAL BANK,
Plaintiff,


RECORDED
IN THE CIRCUIT COURT OF THE
VS.
11 TH JUDICIAL CIRCUIT, IN AND FOR
DADE COUNTY, FLORIDA
CIVIL DIVISION 10 LESZEK LADOWSKI, et al,
Defendants. CASE NO.: 07-33380 CA IO
r.
,...
,.., ......,
ORDER ON MOTION TO REINSTATE MATTER AS PENDING ;' :? ,
- c:::t ,. , ..
;;::? (_ ; ... ,
THIS CAUSE having come before the Court on Plaintiffs Motion to Reinstate Matter as
Court being fully advised in the premises, it is hereby: g; C>
 
ORDERED AND ADJUDGED that:
1. The above styled Circuit Civil Case is hereby Reinstated as Pending.
2. Plaintiff is hereby allowed to proceed with its Foreclosure Action.
DONE AND ORDERED in Chambers at Miami, Dade County, F
___ ,2010.
Copies to:
Law Office of Marshall C. Watson
1800 NW 49th Street, Suite 120
Fort Lauderdale, Florida 33309
Telephone: (954) 453-0365
Facsimile: (954) 771-6052
Toll Free: 1-800-441-2438
MAILING LIST
LESZEK LADOWSKI
8141SOUTHWEST170TH TERRACE
MIAMI, FL 33157
JUAN SANCHEZ, ESQ.
ST
ATTORNEY FOR GROVES AT CUTLER HOMEOWNERS ASSOCIATION, INC.
10251 SUNSET DRIVE, #A-106
MIAMI, FL 33173
JORGE TORRECILLA
6420 SW 105rn CT.,
MIAMI, FL 33173
MAGDALIA TORREECILLA
6420 SW 105rn CT.,
MIAMI, FL 33173
JADWIGA LADOWSKI
8141SOUTHWEST170TH TERRACE
MIAMI, FL 33157
07-19992
,,
- ,, :x
JUN 2 9 2010
"'
..
N
c.n
____ day of __ _
65


WASHINGTON MUTUAL BANK,
Plaintiff,
IN THE CIRCUIT COURT OF THE 0
11 TH JUDICIAL CIRCUIT, IN AND FOR D,.\pE
vs. COUNTY, FLORIDA 7< ;;
LESZEK LADOWSKI, et al,
Defendants.
CIVIL DIVISION 10 f.   <- ' ..
CASE NO.: 07-33380 CA 10 gs    
N ()
\D ::r:

EX PARTE MOTION TO REINSTATE MATTER AS PENDING
..,,
:It
a'\
..
N
(.fl
COMES NOW, Plaintiff, WASHINGTON MUTUAL BANK, by and through the undersigned counsel, and
moves this court to vacate the Order Dismissing the Case, and as grounds thereof would state as follows:
1. The Plaintiff filed its Complaint for mortgage foreclosure on October 2, 2007.
2. That Service of Process was completed on or about October 17, 2007.
3. On August 13, 2008, Plaintiff filed its Motion for Summary Judgment. A copy of said motion is
attached as Exhibit "A."
4. A hearing on Plaintiff's Motion for Summary Judgment was set for October l, 2008. A copy of the
notice of hearing is attached as Exhibit "B."
5. On August 27, 2008, Defendant's counsel filed its Motion to Withdraw as Counsel.
6. On October 1, 2008, this Honorable Court granted Defendant's counsel's Motion to Withdraw as
Counsel.
7. As a result, the hearing set on Plaintiff's Motion for Summary Judgment for October 1, 2008, was not
heard.
8. On February 2, 2009, Plaintiff inadvertently noted in its file to place file on hold for Motion to
Dismiss.
9. On October 20, 2009, Plaintiff reviewed the file and determined that there is no Motion to Dismiss
issue in this file. Plaintiff resumed its Foreclosure action.
10. On January 29, 2010, this case was dismissed for lack of prosecution. A copy of the Order Dismissal is
attached as Exhibit "C."
11. Plaintiff wishes to resume its Foreclosure action and is requesting this Honorable Court to allow this
case to be reinstated.
07-19992
66


• It

WHEREFORE, Plaintiff, WASHING TON MUTUAL BANK, respectfully requests that this Court enter an
Order Reinstating Matter as Pending.
I HEREBY CERTIFY that a true copy of the foregoing was delivered to the parties on the attached
mailing list by mail this day of , 2010.
'JUN Z 3 2u1u
MAILING LIST
Case No.: 07-33380 CA 10
LESZEK LADOWSKI
8141SOUTHWEST170TH TERRACE
MIAMI, FL 33157
WAN SANCHEZ, ESQ.
Law Offices of Marshall C.Watson, P.A.
1800 N.W. 49TH S et, Suite 120
Fort Lauderdale, F 33309
Telephone: (954) 3-0365/(800) 441-2438
Facsimile: (954 7 1-6052
By: ____ -H-------
Sean A. Mars all, Esq.
Bar Number: 76071
ATTORNEY FOR GROVES AT CUTLER HOMEOWNERS ASSOCIATION, INC.
10251 SUNSET DRIVE, #A-106
MIAMI, FL 33173
JORGE TORRECILLA
6420 SW 105rn CT.,
MIAMI, FL 33173
MAGDALIA TORREECILLA
6420 SW 105rn CT.,
MIAMI, FL 33173
JADWIGA LADOWSKI
8141SOUTHWEST170TH TERRACE
MIAMI, FL 33157
07-19992
67

IN THE CIRCUIT COURT OF THE 11 TH JUDICIAL CIRCUIT IN AND FOR MIAMI
DADE COUNTY, FLORIDA n
CIVIL DIVISION
CASE NO.: 07-33380 ca 10
; ~ ~
...-'"Y, --
'·-' (-, <::::>, - r ~
:-. ~     e: ;::-
§"' ; ~ ~ · ~ ·     r- : : - : ~
, " I -.",
F :;' O"\ C"""
WASHINGTON MUTUAL BANK,
·-
; .. ·•, --
..
Plaintiff,
C} 0
;; N
-t
"'
-vs- MOTION TO SET ASIDE REINSTATEMENT
OF FORECLOSURE COMPLAINT
LESZEK LADOWSKI and
JADWIGA LADOWSKI
Defendants.
The Defendants, LESZEK LADOWSKI and JADWIGA LADOWSKI, file this Motion
to Set aside Reinstatement of Foreclosure Complaint for the following reasons:
1. That on January 29, 2010, this case was dismissed for lack of prosecution.
2. The Law Firm of Marshall C. Watson who represents the bank Washington Mutual, never
did anything to advance the case since August, 2008.
3. After over a year of no activity, this Court issued a Notice of Intent to Dismiss for Lack
of Prosecution in October 29, 2009.
4. The attorneys for Washington Mutual did absolutely nothing again, failing to file a
Statement of Good Cause or to file any pleading even though the court gave them an
additional three months before the hearing to dismiss.
5. At the hearing on January 29, 2010 an attorney for the bank was present and argued
against the dismissal.
6. The judge dismissed the case after hearing the same things that were put in the Ex Part'
~ L '-- l
I
68


Motion to Reinstate because it was not excusable to fail to respond after the court gave
them three months of notice.
7. Six months after the case was dismissed for lack of prosecution, the office of Marshall C.
Watson went to court ex parte and never sent us a notice of hearing and got an order to
reinstatement our foreclosure case as pending.
8. There is a total lack of consideration for the rules and procedure by not giving notice to
the defendant, doing an ex parte hearing, and reinstating the case six months after it was
dismissed even though there is not new information no new reason and no basis for
reinstating the case.
9. Due to all of the above reasons we request for a hearing to allow us to object and argue
against the Motion to Reinstate Matter as Pending and set aside the order reinstating the
case.
The Defendants, LESZEK LADOWSKI and JADWIGA LADOWSKI, moves this Court
for an order setting aside the court's order to Reinstating this Matter.
A copy was mailed on July 6, 2010 to: Law Office of Marshall C. Watson, 1800 N. W.
49
1
h Street, Suite 120, Ft. Lauderdale, Florida 33309, Juan Sanchez, Esq. 10251 Sunset Drive,
#A-106, Miami, Florida 33173, Jorge and Magdalia Torrecilla,6420 S. W. 105
1
h Ct., Miami,
Florida 33173.
69
'
'



• J
WASHINGTON MUTUAL BANK,
Plaintiff:
IN THE CIRCUIT COURT OF THE
I I TH JUDICIAL CIRCUIT, IN AND FOR DADE
COUNTY, FLORIDA vs.
LESZEK LADOWSKI, et al,
Defendants.
CIVIL DIVISION:
CASE NO.: 07-33380 CA IO
ST ATE OF FLORIDA
COUNTY OF BROW ARD
SECOND AFFIDAVIT AS TO ATTORNEYS' FEES
''"'
_. "<=
09-
:.; {'., ::::0 --t"\
..-s 9,
C>("J- /"'
BEFORE me, the undersigned authority, personally appeared Stuart Michael Smith , who being /.:.
deposes and says: < -;:. c" - f"' __ _
(:...
c·t": ...... ..,;P" C-
l. I am an attorney licensed to practice in the State of Florida and have been admitted to practice in the Stare
since 9/22/1 994 .  
0
()\
d'
2. I am personally familiar with mortgage foreclosure cases in Florida, and with the fees usually charged by attorn;:s in
conducting such suits.
3. I am personally familiar with the Law Offices of Marshall C. Watson, P.A. and how the Firm processes foreclosure
files. I am further familiar with the fee arrangement the Firm has with its clients regarding foreclosure files.
4. I am familiar with Rule 4- I 5(b) of the Rules Regulating the Florida Bar, and have taken into account the factors set
forth in such Rule for the determination ofreasonable attorney's fees.
5. I am familiar with and have considered the dictates of the Florida Supreme Court in the case of Florida Patient's
Compensation Fund v. Rowe, 472 So.2d 1145 (1985) for the determination ofreasonable attorney's fees.
6. I have evaluated the factors checked below in determining my opinion ofreasonable attorneys' fees as stated above:
X a) The time and labor required, the novelty, complexity and difficulty of the questions involved,
and the skill required to perform the legal service properly.
X b) The likelihood that the acceptance of the particular employment will preclude other employment
by the lawyer.
X c) The fee, or rate of fee, customarily charged in this locality for legal services of a comparable or
a similar nature.
X d) The significance ot: or amount involved in, the subject matter of the representation, the
responsibility involved in the representation, and the results obtained.
X e) The time limitations imposed by the client or by the circumstances and, as between attorney
t) The nature and length of the professional relationship between said counsel and the client.
X g) The experience, reputation, diligence and ability of Plaintiff's attorney and the skill, expertise, or
efficiency of effort reflected in the actual providing of such services.
X h) The fact that the fee is fixed and not contingent and the fact that the client's ability to pay did not
rest to any significant degree on the outcome of the representation.
7. I am familiar with the specific steps and requirements that the Firm must complete to handle an uncontested foreclosure
to its conclusion. This knowledge, together with my understanding of the flat fee arrangement, leads me to the opinion
that a flat rate of $1,200.00 is adequate and customary. In my opinion reviewing the actual file in this case is not
""="Y '""won Id be fn!He, I hnvo not review<>! the"''"'' file. Ji J
FURTHER AFFIANT SAYETH NAUGHT. _' _-_______ _
and subscribed botr;: 201n
-,,,..--;;r-r-.._ay of __________ , 2011.
R PUBL , State of Florida
Commissioned Notary Public
Personally produced identification_
Type of identification produced ______ _
07-19992
Stuart Smith, Esq.
Bar No.: 9717
70
.. ' ..
••
Case No: 07-33380 CA 10
LESZEK LADOWSKI
8141SOUTHWEST170TH TERRACE
MIAMI, FL 33157
illAN SANCHEZ, ESQ.


MAILING LIST
ATTORNEY FOR GROVES AT CUTLER HOMEOWNERS ASSOCIATION, INC.
10251 SUNSET DRIVE, #A-106
MIAMI, FL 33173
JANE DOE
8141SOUTHWEST170TH TERRACE
MIAMI, FL 33157
JOHN DOE
8141SOUTHWEST170TH TERRACE
MIAMI, FL 33157
JORGE L. PIEDRA, ESQ.
ATTORNEY FOR JORGE TORRECILLA
2950 SW 27TH A VENUE, SUITE 300
MIAMI, FL 33133
JADWIGA LADOWSKI
8141SOUTHWEST170TH TERRACE
MIAMI, FL 33157
JORGE L. PIEDRA, ESQ.
ATTORNEY FOR MAGDALIA TORREECILLA
2950 SW 27TH A VENUE, SUITE 300
MIAMI, FL 33133
07-19992

71
WASHINGTON MUTUAL BA ..
Plaintiff,
IN THE CIRCUIT COURT.HE
11 TH mDICIAL CIRCUIT, IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CIVIL DIVISION:
vs.
LESZEK LADOWSKI , et al,
Defendants. CASE NO.: 07-33380 CA 10
MOTION TO AMEND PLEADINGS AND SUBSTITUTE PARTY PLAINTIFF
Plaintiff, by and through the undersigned counsel, respectfully requests that this Court enter an
Order to Amend Pleadings and Substitute Party Plaintiff, and as grounds therefore states that: .,.,
·-
1. The Complaint was filed in this cause on or about October 12, 2007 naming W
.or"'-:--·>
MUTUAL BANK as the party plaintiff.
2. On September 25, 2008 WASHING TON MUTUAL BANK merged with financial assista®e into
(/'
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION. A copy of FDIC  
is attached as Exhibit "A".
3. JPMORGAN CHASE BANK, NATIONAL ASSOCIATION should be substituted for
WASHINGTON MUTUAL BANK, as party plaintiff.
4. No prejudice will result from the granting of this Motion.
WHEREFORE, Plaintiff requests that this Court grant an Order to Amend Pleadings and Substitute Party
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION for WASHINGTON MUTUAL BANK
I HEREBY CERTIFY that a true copy of the foregoing was delivered to the parties on the attached
mailing list by mail this [Ztll day of aplf , 2012.
07-19992
Law Offices ofMarshall C.Watson, P.A.
1800 N.W. 49TH Street, Suite 120
Fort Lauderdale, FL 33309
Telephone: (954) 453-0365 I (800) 441-2438
Fae imile: (954) 771-6052
72
FDIC: Confirmation & Report Selection
• J
Page I of I
\
Ke
2
hie information as of March 15, 2012
ington Mutual Bank
orth Green Valley Parkway
Henderson.NV 89014
FDIC Certificate#: 32633 Date Established: 12/27/1988
Date of Deposit Insurance: 12/27/1988
( More D!f!lOQ!!!Ph!c Information .+)
( Generate Hl!!pyY .+)
Bank Charter Class: Savings Association
Primary Federal Regulator: Office of Thrift Supervision
Primary Internet Web Address:Web site not available
Inactive as of:
Closing history:
Acquiring institution:
Closing Information:
ID Report Selections:
This is an inactive institution.
September 25, 2008
Merged with Financial Assistance into
JPMorgan Chase Bank, National Association - (628)
http://www.fdic.gov/bank/individual/failed/wamu.html
Information Gateway;
Report Date:
t ~ ~ ~ e 3o. 2oos . ~ · ~ · =  
--------------------------------------------------------------------More lnformation--------------------------------------------------------------------
Ii
8 Current List of Offices not available 8 Bank Holding Company Ownership and Affiliates not
available
Compare to Peer Group(s)
G FFIEC Call/TFR Report 613012008 Latest
Available
8 FFIEC UBPR not available
FDIC/OTS Summary of Deposits
Home I Contact Us I Search I Help I SiteMap I Forms
8 Regional Economic Conditions (FDIC RECON)
0 Organization Hierarchy from the Federal Reserve System
0 OTS CRA ratings
0 Consumer Assistance from Primary Federal Regulator
Press 8 for description
Website Policies I Privacy Policy I USA.gov I FDIC Office of Inspector General
Freedom of Information Act (FOIA) Service Center I FDIC Open Government Webpage I No FEAR Act Data
http://www2.fdic.gov/IDASP/confirmation.asp?inCertl =32633
EXHIBl1 "If'
ii
3/19/2012
73

Case No: 07-33380 CA 10
LESZEK LADOWSKI
8141SOUTHWEST170TH TERRACE
MIAMI, FL 33157
JUAN SANCHEZ, ESQ.
ATTORNEY FOR GROVES AT
MAILING LIST
CUTLER HOMEOWNERS ASSOCIATION, INC.
10251 SUNSET DRIVE, #A-106
MIAMI, FL 33173
JORGE L. PIEDRA, ESQ.
ATTORNEY FOR JORGE TORRECILLA
2950 SW 27TH A VENUE, SUITE 300
MIAMI, FL 33133
JADWIGA LADOWSKI
8141SOUTHWEST170TH TERRACE
MIAMI, FL 33157
JORGE L. PIEDRA, ESQ.
ATTORNEY FOR MAGDALIA TORREECILLA
2950 SW 27TH A VENUE, SUITE 300
MIAMI, FL 33133
UNKNOWN TENANT(S)
8141SW170THTERRACEMIAMIFL
MIAMI, FL 33157
07-19992

74

WASHINGTON MUTUAL BANK,
Plaintiff,
vs.
LESZEK LADOWSKI , et al,
Defendants.

IN THE CIRCUIT COURT OF THE
11 TH JUDICIAL CIRCUIT, IN AND FOR
MIAMI-DADE COUNTY, FLORIDA i-::>
CIVIL DIVISION: '°"
CASE NO.: 07-33380 CA IO ·, - ·
: ,,
. c;
ORDER TO AMEND PLEADINGS AND SUBSTITUTE PARTY PLAINTIFF
THIS CAUSE having come before the Court on Plaintiffs Motion to Amend Pleadings and Substitute Party
Plaintiff, and the Court being otherwise fully advised in the premises, it is hereby ORDERED:
1. Plaintiffs Motion to Amend Pleadings and Substitute Party Plaintiff is granted.
2. JPMORGAN CHASE BANK, NATIONAL ASSOCIATION shall be substituted for WASHING TON
MUTUAL BANK.
ERED in Chambers MIAMI-DADE, DE County, Florida, this _J_ day
of __     2012. ../
Copies to:
PETER R. LOPEZ
CIRCUlT COURT JUDGE
Law Office of Marshall C. Watson
1800 NW 49th Street, Suite 120
Fort Lauderdale, Florida 33309
Telephone: (954) 453-0365
Facsimile: (954) 771-6052
Toll Free: 1-800-441-2438
07-19992 75
,
• •
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN
AND FOR DADE COUNTY, FLORIDA
. ,....:;
.. =
-
GENERAL JURISDICTION  
Judicial Section: 10 · :· ·
-·--
Case No. 07-33380-CA-01 r:




-
WASHINGTON MUTAL BANK
,, ,, · NON-JURY TRIAL
..•
-
..
Plaintiff(s),
v.
LESZEK LADOWKI
Defendant( s ).
"'::.:;"'
UNIFORM ORDER SETTING FOR
NON-JURY TRIAL AND
PRE-TRIAL INSTRUCTIONS
(.]"\
er·
THIS CAUSE is set for Non-Jury Trial before the undersigned Judge in his/her Chambers in
the Dade County Courthouse, 73 West Flagler Street, Miami, Florida, for the four (4) week period
commencing July 23, 2012, or as soon thereafter as the same may be heard.
ALL ATTORNEYS, are directed to appear before the undersigned Judge, at the Dade County
Courthouse, for Call of the Calendar at 11 :00 AM on Monday, July 16, 2012. All attorneys should
be thoroughly familiar with the cause and prepared to consider and determine such matters as are
set forth in Rule 1.200(b ). Failure to appear as directed or to otherwise strictly comply with the
terms of this Order may result in sanctions including, dismissing the action, striking the pleadings,
limiting proof or witnesses or taking any other appropriate action. It is further
ORDERED AND ADJUDGED as follows:
1. The parties shall do all things reasonable and necessary to assure the availability of their
witnesses for the entire trial period or to otherwise preserve their testimony for trial as provided by
the Florida Rules of Civil Procedure. See Rules 1.300 and 1.460 F.R.Civ.P. and Rule 2.085 of the
Rules of Judicial Administration.
2. The following shall be done no later than forty-five (45) days prior to the Monday of the
trial period set forth above:
(a) Parties shall furnish opposing counsel with a written list containing the names and
addresses of all witnesses (impeachment, rebuttal or otherwise) intended to be called at trial and
only those witnesses listed shall be permitted to testify; further, regarding expert testimony, each
party shall furnish all information required by Rule 1.280(b) (4) (A). Each party is limited to one
expert per specialty. No other expert testimony shall be permitted at trial. A written list identifying all
exhibits intended to be offered shall also be furnished to opposing counsel and only those exhibits
may be offered in evidence. Copies of witness and exhibit lists shall be timely filed with the Clerk of
the Court.
(b) All exhibits to be offered in evidence at trial shall be made available to opposing
counsel for examination and initialing during normal business hours.
ORDER SETTING NON-JURY TRIAL AND PRE-TRIAL INSTRUCTIONS - Case No.: 07-33380-CA-01
Docname: gj_nonjury
Page 1of2
76
. ..


(c) All plaintiff medical evaluations and other examinations pursuant to Rule 1.360 F.
R. Civ.P. shall have been completed.
3. The following shall be done at least fifteen (15) days prior to the Monday of the trial
period set forth above.
(a) All pre-trial motions, depositions noticed for use at trial and/or discovery matters or
proceedings related thereto shall have been completed. Counsel are admonished to undertake,
initiate and/or complete all discovery in such a manner as to comply with the time limitations
set forth herein. No further discovery procedures or depositions for preservation of
testimony shall be allowed without specific leave of Court or court approved written
agreement of counsel.
(b) Counsel shall meet with a view toward exhausting all efforts to reach a settlement.
4. Counsel shall immediately notify this Court in the event of settlement and submit a
Stipulation for and Order of Dismissal.
5. In the event the Trial of this matter is continued, then each time limitation and provision
contained above shall apply as to the new trial date.
!
DONE AND ORDERED in Chambers, at Miami, DadE}·tounty, Florida, on this 9th day of May,
2012. I '
/
PETER R. LOPEZ
CIRCUIT COURT JUDGE
IT IS HEREBY CERTIFIED that a true copy of this Order was mailed to each attorney of
record and/or party appearing without counsel on the above date, as follows:
Original to Court File
Copies furnished to:
CHRISTY, Esq.
"If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision
of certain assistance. Please contact the Eleventh Judicial Circuit Court's ADA
Coordinator, Lawson E. Thomas Courthouse Center, 175 NW 1st Ave., Suite
2702, Miami, FL 33128, Telephone (305) 349-7175; TDD (305) 349-7174, Fax
(305) 349-7355 at least 7 days before your scheduled court appearance, or
immediately upon receiving this notification if the time before the scheduled
appearance is less than 7 days; if you are hearing or voice impaired, call 711."
ORDER SETTING NON-JURY TRIAL AND PRE-TRIAL INSTRUCTIONS - Case No.: 07-33380-CA-01
Docname: gj_nonjury
Page 2 of 2
77


WASHINGTON MUTAL BANK
Plaintiff(s),
v.
LESZEK LADOWKI
Defendant( s ).

IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN
AND FOR DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
Judicial Section: 1 O
Case No. 07-33380-CA-01   i-::.
,
·:
TRIAL DATE: July 23jc-012
(NOT SET:)_)     .. '·;·· re·.
-
-· =
ORDER OF REFERRAL TO
Pursuant to Chapter 44 of the Florida Statutes, Rules 1.700-1.760 F.R.Civ.P., and
Administrative Order No. 92-39 (entered in Case No. 92-1 ), the above styled cause is hereby
referred to mediation:
(1) Within fifteen days (ten days plus an additional five days for mailing) of this Order of
Referral, the parties may mutually agree upon the designation of any certified mediator of their
choice. If able to agree, the plaintiff or petitioner shall, within the time period set forth above, file
with the Clerk of the Court, and serve upon the parties, the agreed upon mediator, the
Mediation/Arbitration Division of the 11th Judicial Circuit (address: 73 West Flagler Street, Room
1801, Miami, Florida 33130; telephone: (305) 349-7328), and the trial Judge's Judicial Assistant,
a "Notice of Stipulation of Mediator" which shall identify the name, address, and telephone
number of the mediator agreed upon. Upon filing the "Notice of Stipulation of Mediator'', said
Mediator shall be deemed designated to mediate without further Order of Court.
(2) In the event the parties are unable to agree upon the selection of a mediator within
the specified period, the plaintiff or petitioner shall make a "Request for Appointment of
Mediator'' from the Mediation Division within five (5) days thereafter, certifying that
notwithstanding a good faith effort to agree, the parties were unsuccessful in so doing and
requesting said Division to select the next available mediator from the rotating list of Certified
Mediators. Said "Request for Appointment of Mediator" shall be filed with the Clerk of the Court
and copies shall be served upon the Mediation Division, all parties, and the trial Judge's Judicial
Assistant. The Division shall make said selection and file with the Clerk of the Court a "Notice of
Designation of Mediator". The "Request for Appointment" shall be accompanied by a sufficient
number of stamped addressed envelopes in order for the Division to serve the "Notice of
Designation of Mediator" upon the parties, the selected mediator and the trial Judge's Judicial
Assistant. Upon filing of the "Notice of Designation of Mediator", the Mediator selected by the
Division shall be deemed designated to mediate without further order of court.
ORDER OF REFERRAL TO MEDIATION - Case No.: 07-33380-CA-01
Docname: gj_ref_med
Page 1 of 2
78

...
,,


3) The appearance of counsel, and each party or representative of each party with
authority to enter into a full and complete compromise and settlement, without further
consultation, is mandatory. If insurance is involved, an adjuster with authority up to the policy
limits or the most recent demand, whichever is lower, shall attend.
(4) The Mediator shall be compensated at a rate of $125.00 per hour (unless otherwise
agreed to by the Mediator and parties), with a two (2) hour minimum, to be divided equally
between all of the parties. This minimum two (2) hour fee shall be paid at least seven (7) days
prior to the scheduled mediation conference, and the balance of the fee, if any, shall be paid at
the conclusion of the conference. Counsel for the respective parties are responsible for financial
arrangements with their clients and timely payment of mediation fees. The mediation conference
shall not exceed (3) three hours, unless the parties otherwise agree and participate longer.
(5) Written notice to the Mediator of any change or cancellation of the scheduled
mediation conference must be given at least 72 hours prior to said conference. Failure to do so
shall result in the imposition of the two (2) hour minimum fee paid by the canceling party to the
Mediator, unless the Court orders otherwise for exceptional circumstances beyond the parties'
control or the Mediator agrees to waive same.
(6) The parties and designated Mediator are ordered and directed to proceed with
mediation in accordance with the Rules of Civil Procedure, which mediation shall be held prior to
commencement of the trial period. If any of the parties fails to comply with the obligations set
forth herein to ensure that mediation is accomplished expeditiously, the Court may, on its own
Motion or on Motion of any party, dismiss the case, strike pleadings, enter default, remove the
case from the trial calendar, or impose any other sanctions that it may deem appropriate under
the circumstances.
,-,\
DONE AND ORDERED in Chambers, at Miami,   a d ~ County, Florida, on this 9th day of
May, 2012. ,
PETER R. LOPEZ
CIRCUIT COURT JUDGE
Original to Court File
Copies furnished to:
Mediation Division
CHRISTY , Esq.
e R. Lopez
CIRCUIT COURT JUD
If you are a person with a disability who needs any accommodation to participate in this proceeding, you are entitled,
at no cost to you, to the provision of certain assistance. Please contact the Miami-Dade County Court's ADA
Coordinator at Lawson E. Thomas Courthouse Center, 175 N.W. 1st Ave., Suite 2702, Miami, FL 33128, telephone
numbers (305) 349-7175 for voice or (305) 349-7174 for TDD and 349-7355 for fax, within two working days of your
receipt of this document. TDD users may also call 1-800-955-8771 for the Florida Relay Service.
ORDER OF REFERRAL TO MEDIATION - Case No.: 07-33380-CA-01
Docname: gj_ref_med
Page 2 of 2
79
.... _
.,
ASHINGTON MUTUAL BANK,
Pl rintiff,
L LADOWSKI, et al,
D !fondants.

IN THE CIRCUIT COURT OF THE
11 TH JUDICIAL CIRCUIT, IN AND
FOR MIAMI-DADE COUNTY,
FLORIDA
CIVIL DIVISION:
CASE NO.: 07-33380 CA 10
PLAINTIFF'S WITNESS AND EXHIBIT LIST
PLAINTIFF, JPMORGAN CHASE BANK, NATIONAL ASSOCIATicm,  

n.:;,.':;i ·::::.
by m through the undersigned counsel, hereby files its Witness and Exhibit List idiififfing.'lbe
foll >wing persons as potential witnesses and documents as exhibits: &,:!' f
'. _:-r
p--.. --0
:2!: ::;, '·
.. f\5

WITNESS LIST
1. All parties in the instant action;
(,
)h.C:"; 0
<'tO E-_. ·;
(!' ......
2. Records Custodians;
3. Corporate Representative of the Plaintiff, including, but not limited to the following
Liti Specialist for Plaintiff: Leticia Companioni and David Endara.
4. Any and all witnesses disclosed by any other party, without waiver of any objections by
Plai itiff as to any other party's listing of same;
5. Any witnesses identified during discovery on any document offered into evidence or
pro luced in discovery, without waiver of any objections by Plaintiff as to any other party's listing of
sarr e;
6. Any witness identified in any deposition taken in this matter, without waiver of any
obj1 ctions by Plaintiff as to any other party's listing of same; and
7. Any newly discovered witnesses.
07-: 9992
80


EXHIBIT LIST
1. Pleadings;
2. Payment history for subject Mortgage;
3. Correspondence between the parties;
4. Original Promissory Note and Mortgage;
5. Documents regarding any advances made under the subject Mortgage.
6. All documents to be disclosed in the discovery process;
7. Notice of Default correspondence; and
8. Any newly discovered Exhibits.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was provided via U.S.
Mrui to the parties on the attached mailing list day of _   • 2012.
07-: 9992
Law Offices of Marshall C. Watson, P.A.
Attorneys for Plaintiff
1800 NW 49th Street, Suite 120
Fort Lauderdale, Florida 33309
Telephone: (9,
1
54) 453-0365
Facsimile: _,..-·-- .. (866)-651-6098
Toll Free:· - 1-243
' /
By:
Kristen Rosenthal, Esq.
Florida Bar Number: 316880
81

No: 07-33380 CA 10
LE"'iZEK LADOWSKI
8141SOUTHWEST170TH TERRACE
Ml \MI, FL 33157
JU1 N SANCHEZ, ESQ.
• MAILING LIST
AT rORNEY FOR GROVES AT CUTLER HOMEOWNERS ASSOCIATION, INC.
102 )1 SUNSET DRIVE, #A-106
Ml 1.MI, FL 33173
JOHN DOE
814lSOUTHWEST170TH TERRACE
Ml 1.MI, FL 33157
JA! rE DOE
814lSOUTHWEST170TH TERRACE
Ml 1.MI, FL 33157
]OP.GEL. PIEDRA, ESQ.
AT rORNEY FOR JORGE TORRECILLA
29: ) SW 27TH A VENUE, SUITE 300
MU.MI, FL 33133
JAI >WIGA LADOWSKI
8141SOUTHWEST170TH TERRACE
Ml 1.MI, FL 33157
JOJ-,GE L. PIEDRA, ESQ.
AT rORNEY FOR MAGDALIA TORREECILLA
29:) SW 27TH AVENUE, SUITE 300
Ml   FL 33133
U:t\ KNOWN TENANT(S)
814 l SW 170TH TERRACE MIAMI FL
Ml 1.MI, FL 33157
07- .9992
82
• •
THE CIRCUIT COURT OF THE 11th
JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
WASHINGTON MUTUAL BANK,
Plaintiff,
vs.
LESZEK LADOWSKI and
JADWIGA LADOWSKI
Defendants.
CASE NO.: 07-33380 CA 10
, . . - - · - ~
~ - ; :   - ~  
1'."J_...i
DEFENDANT'S DOUBLE MOTION(S)
1) DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
AGAINST PLAINTIFF
2) DEFENDANT'S MOTION FOR SANCTIONS AGAINST PLAINTIFF
FOR:
SEVEN (7) COUNTS OF FRAUD
-
Cf' --
---
<.
WASHINGTON MUTUAL BANK DID NOT OWN AND HA VE POSSESSION OF THE
NOTE AT THE TIME THE COMPLAINT WAS FILED
WASHINGTON MUTUAL BANK along with the
LAW OFFICES OF MARSHALL C. WATSON, P.A.,
ARE ACTING IN A JOINT CONSPIRACY TO COMMIT FRAUD
ON THE COURT AND THE DEFEN ANT
page one of eight pages
83
\ 2.


DEFENDANT, LESZEK LADOWSKI, (hereinafter "DEFENDANT") serves
DEFENDANT'S DOUBLE MOTION(S), and as grounds for this DOUBLE MOTION,
states the following:
FRAUD COUNT# 1
1. WASHINGTON MUTUAL BANK is not the same entity as WASHINGTON
MUTUAL BANK, FA, A FEDERAL ASSOCIATION. WASHINGTON MUTUAL
BANK, FA, A FEDERAL ASSOCIATION, was the original mortgagor effective
October 25, 2002.
2. Plaintiff, WASHINGTON MUTUAL BANK did not own the Mortgage and Note
until the date of transfer, November 13, 2007.
EXHIBIT#l
EXHIBIT#2
EXHIBIT#3
3. The Law Offices of Marshall C. Watson P.A. committed FRAUD because they
transferred the Mortgage and Note on November 13, 2007, which is FORTY TWO
( 42) days after this foreclosure was filed.
EXHIBIT# 1
4. As indicated in the official records, this foreclosure was filed on October 2, 2007
therefore Washington Mutual Bank could NOT be the Plaintiff in any foreclosure
action, because they did NOT own and hold the Note at the time this was filed.
  EXHIBIT# 1
y
c
page two of eight pages
84
• •
I
5. Therefore based on the Official District Court Decision, attached hereto, this
foreclosure should receive a Summary Judgment Court Decision, as the Plaintiff did not
have any standing when this foreclosure was filed. Also note that the District Court
Decision was also based on a foreclosure filed by Chase.
EXHIBIT#4
FRAUD COUNT# 2
1) The Law Offices of Marshall C. Watson P.A. filed supposedly on June 23, 2010
(by their certification of page 2) their Motion titled:
EXPARTE MOTION TO REINSTATE MATTER AS PENDING
EXHIBIT#S
2) A official copy of the CASE INFORMATION DOCKET from the Circuit Court
of Miami-Dade County dated July 13, 2012 is attached. This official copy does not indicate
any NOTICE OF HEARING for the above MOTION.
EXHIBIT#6
3) However at appears that The Law Offices of Marshall C. Watson P.A. removed
the word "EXP ARTE" rather than indicating an "EXP ARTE" ORDER, and, presented
Honorable Judge Stuart Simons with an "ORDER" for his signature indicating a
Court Hearing that never OCCURRED.  
EXHIBIT#7
page three of eight pages
85
• •
4) Undisputed "crystal clear like glass" evidence of this willful, intentional, and
Fraudulent Act is supported and documented by the following facts:
a) The EXP ARTE MOTION was clocked in the Court on June 29, 2010,
at 6:25 p.m., EST.
EXHIBIT#5
b) Simultaneously less than sixty (60) seconds later the ORDER referenced
above without the word "EXP ARTE" was docketed into the Official Court Records also
on June 29, 2010 at 6:25 p.m., EST.
c) This was probably the shortest Court Hearing in the Official Ripley's
Believe It Or Not Records -less than sixty (60) seconds.
EXHIBIT#7
d) This is another "crystal clear like glass" attempt from of The Law Offices
of Marshall C. Watson P.A. to defraud the Court and Defendant by any possible legal
manipulative actions.
e) All judges rely on the integrity and honesty of the attorneys practicing
before the Honorable Court as Officers of the Court not to commit FRAUD.
FRAUD COUNT# 3
1) On July 6, 2010 Defendant filed, MOTION TO SET ASIDE REINSTATEMENT
OF FORECLOSURE COMPLAINT. To this date, approximately seven hundred forty two
(742) days after officially filing this Motion with the Court, my motion\\: not been
heard by the Court. t•
EXHIBIT#8
page four of eight pages
86
• •
2) The Law Offices of Marshall C. Watson P.A. have not informed the Honorable
Court that my Motion has been "sitting there" without a Hearing for approximately seven
hundred forty two (742) days before attempting to move this case forward to a "final
hearing trial."
FRAUD COUNT# 4
1) On May 9, 2012 honorable Circuit Court Judge PETER R. LOPEZ signed an
order approving mediation.
EXHIBIT#9
2) However, The Law Offices of Marshall C. Watson P.A., apparently decided that
they didn't want to participate in mediation; therefore, they did not comply with the
requirements fully described in the Order of Referral for Mediation (specifically as the
"plaintiff' to notify the Court of the status of Mediation). They knew that the Court would
schedule a non-jury trial because of their non-participation as required by the Order of the
Court.
EXHIBIT#9
3) It is clearly documented again by the inaction of The Law Offices of Marshall C.
Watson P.A., they wanted to deprive Defendant of his right to mediation knowing that the
Court would subsequently schedule a non-jury trial in accordance wit1\their inaction of the
Mediation Order requirements. r
  EXHIBIT # 10
page five of eight pages
87
• •
FRAUD COUNT# 5
4) The Law Offices of Marshall C. Watson P.A filed their PLAINTIFF'S
WITNESS AND EXHIBIT LIST on June 11, 2012.
5) If you examine the above document filed by The Law Offices of Marshall C.
Watson P.A, you will easily see "crystal clear like glass", that NO NAMES OF PEOPLE
and/or NAMES OF SPECIFIC DOCUMENTS are indicated. This is another act of
intentional FRAUD for them to attempt any type of substitution either people and/or
documents without the defendant having a "good faith" opportunity to examine the person
and/or document that could be introduced.
EXHIBIT# 11
6) The order from the court (Exhibit # 10) states, "The following shall be done no
later than forty-five (45) days prior to the Monday of the trial period set for above ... "
7) Obviously their lack of action(s) of compliance with any Order of the Court is
not of any concern to them because of their continued acts of FRAUD.
8) It is very obvious that by having a formal final hearing scheduled for
July 27, 2012, the Defendant could not have the opportunity to examine anyone or anything
since they are not specifically identified as required by the Order of the Court. This is
another act of FRAUD committed by The Law Offices of Marshall C. Watson P.A.
FRAUD COUNT# 6
The Court required NOTARIZED AFFIDAVITS needed for all financial matters in
connection with a Foreclosure Final Hearing have not been currently filed by The Law
Offices of Marshall C. Watson P.A. Another   ACT.
page six of eight pages
'
88
• •
FRAUD COUNT# 7
· As required under Federal Law, the FDCP A, as Amended, The Law
Offices of Marshall C. Watson P.A. have committed another act of Fraud by indicating on
October 1, 2007, that "WASHINGTON MUTUAL BANK is the creditor •... ".
This Fraudulent Act could possibly be elevated to Federal Charges of Wire and Mail Fraud
because The Law Offices of Marshall C. Watson P.A. know that they are sending a
FRAUDULENT STATEMENT through the US mail.
EXHIBIT# 12
WHEREFORE, the Defendant, based on the showing of the above documentary
evidence, requests a SUMMARY JUDGEMENT AGAINST THE PLAINTIFF.
In regards to the Defendant's request for Court sanctions, as everybody knows,
The Law Offices of Marshal C. Watson P.A. paid the AG a fine of two million dollars
($2,000,000.00) with a promise to clean up their illegal acts.
As the court can see, their FRAUDULENT ACTS are still continuing. The
Defendant requests the most severe sanctions by the court in attempt to stop the Plaintiff's
continuous FRAUD.
Perhaps a five or ten million dollar ($5,000,000 - $10,000,000) fine would serve as a
great deterrent to eliminate future FRAUD and at this same time would financially\help the
Court system. t
July 16, 2012
Respectfully submitted
   
8141 S. W.170rn Terrace
Miami, Florida 33157
Tel: (305) 300-2100
page seven of eight pages
89


CERTIFICATION
I, Leszek Ladowski, hereby certify that a copy of this MOTION has been furnished
on July 16, 2012 to the following:
Law Offices of Marshall C. Watson, P.A.
1800 N.W. 49th Street- Suite 120
Ft. Lauderdale, FL 33309
Juan Sanchez, Esq.
Attorney for Groves at
Old Cutler Homeowners Association, Inc.
10251 Sunset Dr. #A-106
Miami, FL 33173
Jorge & Migdalia Torrecilla
6420 S.W. 105th Ct
Miami, FL 33173
July 16, 2012
CERTIFIED MAIL
# 7012 0470 0000 1905 3201
CERTIFIED MAIL
# 7012 0470 0000 1905 3218
CERTIFIED MAIL
# 7012 0470 0000 1905 3225
~ ~
LESZEK ~ S K  
8141 S. W.170th Terrace
Miami, Florida 33157
Tel: (305) 300-2100
page eight of eight pages
90


Prepared by: Tenia Esquire
Record &Return to; Law Office of Marshall C. Watson

RETURN TO
1800 NW 49"' Sired, Suire 120
Fon Lauderdale, Florida 33309
Telephone; (954) 453--0365
Facsimile: (954) 771-6052
l
AssJGNMENT OF MoRTCACE
KNOii' ALL MEN BYTHESE PRESENTS'
11111111111111111111111m1 llif 1 mu iui ·1111 ·
THATWASIDNGTON MUTUAL BAr;J:.l&l or located a1 i/oo£
ma1hl:s1 .. [2.tl-'/,J kJJ 120:>. . hercindesignatcdaslhe
assignor. for and'?n comidctarion of the swn of SLOO Dollar and other good and valuable consideration. the receipt of
    b ·n. sell. assign. nnsfer and 'PXC: unto W
ttr,f;;2 herein designated as thi:assignee, lhcmortg;ige exe cd by LESZEK LAIJOWSKI AN
JAD GA LADOWSKI recorded November J, 2002 in Dade County, Florida a1 Book 20765 and P:1ge 4664
encumbering the property more particularly described as follows:
LOT 43, IN BLOCK I, OF GROVES AT OLD CUTLER, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 146. AT PAGE 60, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
together with the norc and each .and every olher obligation described in said mortgage and lhe money due and to
become due thereon
TO HAVE AND TO HOLD che same ufl the said assignee, its successors and assigns forever, but \\"ifhout recourse
on the undersigned, effcdive as of __ f?) _ :I!llJA-= . 4:=-----------------------
ln Wirnas Whereof; the said Assignor has hereunto stl his hand and seal or these presenis to ,stprcy by its
proper and its corporate seaf lo be hereto affixed this t:_J. day of ----jJ.JJdJ..L
WASHINGTON MU
ASSOCIATION

Y APPEARED BEFnJz the in ond fo•the aforesaid county and state, on this
the · day of • withir1 my jurisdiction, the within named who
acknowledged to me that (s)he is baYF I le30Jll and that for and on behalf of
Washington Mulu2l Bank, F:1, A Fcder:.r Association as its act and deed (s)hc the above and foregoing
ins«rumcnt. a Her first having been duly authorized by Washington Mutual 8.::ank, F:a, A Feder.al to do so.
}JdV WITNESS my hand and official seal in the County and Srate last aforesaid this _}3_ day of _
___ ,2007.
07-19992 /

SHOUA MOUA
NOfARY PUB UC· MINNESOTA
MYCOMMlSSION
EXPIRES JAN. 31, 2012
91

AFTER RECORDING RETURN TO:
Washington Mutual Bank, FA
C/O ACS IMAGE SOLUTIONS
12691 PALA DRIVE MS156DPCA
GARDEN GROVE, CA 92841

Off. REC.BK.
2 0 7 6 5 PG 4 6 0 4
02R6 78284 2002 tmv 01 07: 15
This Instrument Prepared By:
c::_c,,---J,--i:.<-   . lope 2.-
G:u-cia & Baloyra
OOCSTPNTG 1t260.00 IHTHG 720.00
HARVEY RUVIth CLERK DADE COUNTY, FL
2665 South Bajrsboi:e Drive
Suite 200
Miami, Florida 33133
[Space Above This Line For Recording Data] -----------
GARCIA & BALOYRA TITLE COMPJ\NY 021371'
MORTGAGE
03-2265-060325138-0
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are_ defined
in Sections 3. 11. 13, 18, 20 and 21. Certain rules regarding the usage of words used in this
document are also provided in Section 16.
(A) "Security Instrument" means this document, which is dated October 25, 2002
together with all Riders to this document.
(Bl "Borrower" is LESZEK LADOWSKI AND JADWIGA LADOWSKI, HUSBAND AND WIFE.
ortgagor under this Security Instrument.
Washington Mutual Bank, FA. a federal association
Lender is a Bank organized and existing under the laws of
United states of America Lender's address is:
400 East Main Street Stockton. CA 95290
Lender is the mortgagee under this Security Instrument.
(DJ "Note" means the promissory note signed by Borrower and dated October 25. 2002
The Note states that Borrower owes Lender Three Hundred si :X:ty Thm1sand & oo /Joo
Doliars (U.S. $ 360 ooo. oo ) plus interest. Borrower has promised to pay this debt
in regular Periodic Payments and to pay the debt in full not later than "''"'""'mhor 1
203
2
(El "Property" means the property that is described below under the heading "Transfer of Rights
in the Property."
(F} "Loan" means the debt evidenced by the Note, plus interest, any prepayment chargesF·and late
charges due under the Note, and all sums due under this Security Instrument, plus interes 'tt
\"'
hOR!DA
732'3 102-011 Page 1 of 16
92
• •
Off.REC.SK.
20765PG4605
03-2265-060325138-0
(G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The
following Riders are to be executed by Borrower !check box as applicable]:
.. [XJ :;..:. £". !..) O Condominium Rider O 1-4 Family Rider
O Grailuate'a'Pliymentfi1der O Planned Unit Development Rider D Biweekly Payment Rider
O Balloon Rider O Rate Improvement Rider O Second Home Rider
O.   ·,; :n ; . :: '
·-- -
(H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as ·all
applicable final, non-appealable judicial opinions.
(I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments
and other charges that are imposed on Borrower or the Property by a condominium association,
homeowners association or similar organization.
(JI "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated
by check, draft, or similar paper instrument, which is initiated through an electronic terminal,
telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial
institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale
transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers,
and automated clearinghouse transfers.
(K) "Escrow Items" means those items that are described in Section 3.
(L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or
proceeds, whether by way of judgment, settlement or otherwise, paid by any third party (other
than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or
destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property;
(iii) conveyance in lieu of condemnation; or (iv) misrepresentations of. or omissions as to, the
value and/or condition of the Property.
(M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or
default on, the Loan.
IN) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest
under the Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(0) "RESPA" means the Real Estate Settlement Procedures Act ( 12 U.S.C. Section 2601 et seq.)
and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended
from time to time, or any additional or successor legislation or regulation that governs the same
subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and
restrictions that are imposed in regard to a "federally related mortgage Joan" even if the Loan does
not qualify as a "federally related mortgage Joan" under RESPA.
(Pl "Successor in Interest of Borrower" means any party that has taken title to the Property,
whether or not that party has assumed Borrower's obligations under the Note and/or this Security
Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals,
extensions and modifications of the Note; (ii) the performance of Borrower's covenants and
agreements under this Security Instrument and the Note; and (iii) the performance
agreements of Borrower to pay fees and charges arising out of the loan whether or not herei et
forth. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with p er ·
rt·
FLORIDA
73213 !02-011 Page 2 of 16
93
• •
20765P646·06
03-2265-060325138-0
of sale, the following described property located in _n"'a._a_e,__ ___________ County,
Florida:
LOT 43 IN BLOCK 1 OF THE. GROVES AT OLD CUTLER, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 146, AT PAGE 60 OF THE PUBLIC RECORDS OF
MIAMI-'DADE COUNTY, FLORIDA.
which currently has the address of ......
IStreetl
      Florida
!City)
33157
!Zip Code!
("Property Address"):
TOGETHER WITH all the improvements now or hereafter erected on the property, and an
easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements
and additions shall also be covered by this Security Instrument. All of the foregoing is referred to
in this Security lnstr.ument as the "Property.•
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed
and has the right to grant and convey the Property and that the Property is unencumbered, except
for encumbrances of record. Borrower warrants and will defend generally the title to the Property
against all claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and
non-uniform covenants with limited variations by jurisdiction to constitute a uniform security
instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the. principal of, and interest on, the debt evidenced by the Note and
any prepayment charges and late charges due under the Note. Borrower shall also pay funds for
Escrow Items pursuant to Section 3. Payments due 1.mder the Note and this Security Instrument
shall be made in U.S. currency. However, if any check or other instrument received by Lender as
payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may
require that any or all subsequent payments due under the Note and this Security Instrument be
made in one of more of the tollowi.ng forms, as selected by lender: {a) cash; (b) money order; (c)
certified check, bank check, treasurer's check or cashier's cheek, provided any such check is
drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or
entity; or (d) Electronic Funds Transfer.
Payments are deemed received by lender when received at the location designated in the
Note or at such other location as may be designated by Lender in accordance with the notice
provisions in Section .15. Lender may return any payment or partial payment it the payment or
partial payments are insufficient to bring the Loan current. Lender may accept any payment or
partial payment insufficient to bring the Loan current, without waiver of any rights hereundfr
prejudice to its rights to refuse such payment or partial payments in the future, but lender is not
obligated to apply such payments at the time such payments are accepted. If each Peri ic
HOR!OA
73212 (02 on Page 3 of 16
94
• •
!lff.IEC.lj.
f676SPG4601
03-2265-060325138-0
Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied
funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan
current. If Borrower does not do so within a reasonable period of time, Lender shall either apply
such funds or return them to Borrower. If not applied earlier, such funds w   l ~ be applied to the
outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim
which Borrower might have now or in the future against Lender shall relieve Borrower from
making payments due under the Note and this Security Instrument or performing the covenants
and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2,
aH payments accepted and applied by Lender shall be applied in the following order of priority: (a)
interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3.
Such payments shall be applied to each Periodic Payment in the order in which it became due.
Any remaining amounts shall be applied first to late charges, second to any other amounts due
under this Security Instrument, and then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which
includes a sufficient amount to pay any late charge due, the payment may be applied to the
delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender
may apply any payment received from Borrower to the repayment of the Periodic Payments if, and
to the extent that, each payment can be paid in full. To the extent that any excess exists after the
payment is applied to the full payment of one or more Periodic Payments, such excess may be
applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment
charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal
due under the Note shall not extend or postpone the due date, or change the amount, of the
Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are
due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of
amounts due for: (a) taxes and assessments and other items which can attain priority over this
Security Instrument as a lien or encumbrance of the Property; (b) leasehold payments or ground
renis on the Property, if any; (c) premiums for any and all insurance required by Lender under
Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to
Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions
of Section 10. These items are called "Escrow Items." At origination or at any time during the
term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments,
if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item.
Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section.
Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation
to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to
Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In
the event of such waiver, Borrower shall pay directly, when and.where payable, the amounts due
for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender
requires, shall furnish to Lender receipts evidencing such payment within such time period as
Lender may require. Borrower's obligation to make such payments and to provide receipts shall
for all purposes be deemed to be a covenant and agreement contained in this Security Instrument,
as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay
Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for }
Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrow r
shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revo ~  
FLORIDA
732•3102.011 Page 4 of 16
95
• •
.D.3Jn.n
20765P61-608
03-2265-060325138-0
the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section
15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that
are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender
to apply the Funds at the time specified under RESPA, and {b) not to exceed the maximum
amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the
basis of current data and reasonable estimates of expenditures of future Escrow Items or
otherwise in accordanc·e with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so
insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items
no later than the time specified under RESPA. Lender shall not charge Borrower for holding and
applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless
Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a
charge. Unless an agreement is made in writing or Applicable Law requires interest to be·paid on
the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds.
Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds.
Lender shall give to Borrower. without charge, an annual accounting of the Funds as required by
RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall
account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of
Funds held .in escrow, as defined under RESPA, Lender shall notify Borrower as required by
RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in
accordance with RESPA, but in no more than twelve monthly payments. If there is a deficiency of
Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by
RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in
accordance with RESPA, but in no more than twelve monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall
promptly refund to Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and
impositions attributable to the Property which can attain priority over this Security Instrument,
leasehold payments or ground rents on the .Property, if any, and Community Association Dues,
Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall
pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument
unless borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a
manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b)
contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings
which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings
are pending, but only until such proceedings are concluded; or (c) secures from the holder of the
lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If
lender determines that any part of the Property is subject to a lien which can attain priority over
this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of
the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the
actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real
and/or reporting service used by Lender in connection with this Loan ..
FLOP.IDA
73213 102-01} Page 5 of 16
96
• •
tff.IB. ..
-207 65PG4609
03-2265-060325138-0
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter
erected on the Property insured against loss by fire, hazards included within the term "extended
coverage," and any other hazards including, but not limited to, earthquakes and floods, for which
Lender requires insurance. This insurance shall be maintained in the amounts {including ·deductible
levels) and tor the periods that Lender requires. What Lender requires pursuant to the preceding
sent-ences can change during the term of the Loan. The insurance carrier providing the insurance
shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which
right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with
this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking
services; or (b) a one-time charge for flood zone determination and certification services and
subsequent charges each time remappings or similar changes occur which reasonably might affect
such determination or certification. Borrower shall also be responsible for the payment of any fees
imposed by the Federal Emergency Management Agency in connection with the review of any
flood zone determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain
insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to
purchase any particular type or amount of coverage. Lender may purchase such insurance from
or through any company acceptable to Lender including, without limitation, an affiliate of Lender,
and Borrower acknowledges and agrees that Lender's affiliate may receive consideration for such
purchase. Therefore, such coverage shall cover Lender, but might or might not protect Borrower,
Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or
liability and might provide greater or lesser coverage than was previously in effect. Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the
cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this
Section 5 shall become additional debt of Borrower secured by this Security Instrument. These
amounts shall bear interest at the Note rate from the date of disbursement and shall be payable,
with such interest, upon notice from Lender to Borrower requesting payment.
All insurance policies required by Lender .and renewals of such polices shall be subject to
Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall
name Lender as mortgagee and/or as an additional loss payee and Borrower further agrees to
generally assign rights to insurance proceeds to the holder of the Note up to the amount of the
outstanding loan balance. Lender shall have the right to hold the policies and renewal certificates.
If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and
renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by
Lender, for damage to, or destruction of, the Property, such policy shall include a standard
mortgage clause and shall name. Lender as mortgagee and/or as an additional loss payee.
Borrower hereby absolutely and irrevocably assigns to Lender all of Borrower's right, title
and interest in and to all proceeds from any insurance policy (whether or not the insurance policy
was required by Lender) that are due, paid or payable with respect to any damage to such
property, regardless of whether the insurance policy is established before, on or after the date of
this Security Instrument. By absolutely and irrevocably assigning to Lender all of Borrower's
rights to receive any and all proceeds from any insurance policy, Borrower hereby waives, to the
full extent allowed by law, all of Borrower's rights to receive any and all of such insurance
proceeds.
Borrower hereby absolutely and irrevocably assigns to Lender all of Borrower's right, title
and interest in and to (a) any and all claims, present and future, known or unknown, absolute or
contingent, (b) any and all causes of action, (c) any and all judgments and settlements (wheler
through litigation, mediation, arbitration or otherwise), (d) any and all funds sought agains or
from any party or parties whosoever, and (e) any and all funds received or receivable 'n , .s_
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including but not limited to, land subsideni:e, landslide, windstorm, earthquake, fire, flood or any
other cause.
Borrower agrees to execute, acknowledge if requested, and deliver to Lender, and/or upon
notice from Lender shall request any insurance agency or company that has issued any insurance
policy to execute and deliver to lender, any additional instruments or documents requested by
lender from time to time to evidence Borrower's absolute and irrevocable assignments set forth in
this paragraph.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender.
Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower
otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was
required by Lender, shall be applied to restoration or repair of the Property, if the restoration or
repair is economically feasible and Lender's security is not lessened. "During such repair and
restoration period, lender shall have the right to hold such insurance proceeds until Lender has
had an opportunity to inspect such Property to ensure the work has been completed to lender's
satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse
proceeds for the repairs and restoration in a single payment or in a series of progress payments as
the work is completed. Unless an agreement is made in writing or Applicable law requires interest
to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest
or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by
Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of
Borrower. If the restoration or repair is not economically feasible or lender's security would be
lessened, the insurance proceeds shall be applied to the sums secured by this Security
instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance
proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available
insurance claim and related matters. If Borrower does not respond within 30 days to a notice from
Lender that the insurance carrier has offered to settle a claim, then lender may negotiate and
settle the claim. The 30-day period will begin when the notice is given. In either event, or if
Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender
(a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid
under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the
right to any refund of unearned premiums paid by Borrower) under all insurance policies covering
the Property, insofar as such rights are applicable to the coverage of the Property. Lender may
use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under
the Note or this Security Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's
principal residence within sixty days ·after the execution of this Security Instrument and shall
continue to occupy the Property as Borrower's principal residence for at least one year after the
date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be
unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's
control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall
not destroy, damage or impair the Property, or remove or demolish any building thereon, allow the
Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in
the Property, Borrower shall maintain the Property in good condition and repair in order to prevent
the Property from deteriorating or decreasing in value due to its condition. Unless it is determined
pursuant to Section 5 that repair or restor.ation is not economically feasible, BorJer shall
promptly repair the Property in good and workmanlike manner if damaged to avoid furt
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deterioration or damage. Lender sha)I, unless otherwise agreed in writing between Lender and
Borrower, have the right to hold; insurance or condemnation proceeds. If insurance or
condemnation proceeds are paid in connection with damage to, or the taking of, the Property,
Sorrower shall be responsible for repairing or restoring the Property only if Lender has released
proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a
single payment or in a series of progress payments -as the work is completed. If the insurance or
condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not
relieved of Borrower's obligation for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it
has reasonable cause, Lender may inspect the interior of the improvements on the Property.
Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying
such reasonable cause. Lender does not make any warranty or representation regarding, and
assumes no responsibility for, the work done on the Property, and Borrower shall not have any
right to rely in any way on any inspection(s) by or for Lender or its agent. Borrower shall be
solely responsible for determining that the work is done in a good, thorough, efficient and
workmanlike manner in accordance with all applicable laws.
Borrower shall (a) appear in and defend any action or proceeding purporting to affect the
security hereof, the Property or the rights or powers of Lender or Trustee; (b) at Lender's option,
assign to Lender, to the extent of Lender"s interest, any claims, demands, or causes of action of
any kind, and any award, court judgement, or proceeds of settlement of any such claim, demand
or cause of action of any kind which Borrower now has or may hereafter acquire arising out of or
relating to any interest in the acquisition or ownership of the Property. Lender and Trustee shall
not have any duty to prosecute any such claim, demand or cause of action. Without limiting the
foregoing, any such claim, demand or cause of action arising out of or relating to any interest in
the acquisition or ownership of the Property may include (i) any such injury or damage to the
Property including without limit injury or damage to any structure or improvement situated
thereon, (ii) or any claim or cause of action in favor of Borrower which arises out of the
transaction financed in whole or in part by the making of the loan secured hereby, (iii) any claim
or cause of action in favor of Borrower (except for bodily injury) which arises as a result of any
negligent or improper constructfon, installation or repair of the Property including without limit,
any surface or subsurface thereof, or of any building or structure thereon or (iv) any proceeds of
insurance, whether or not required by Lender, payable as a result of any damage to or otherwise
relating to the Property or any interest therein. lender may apply, use or release such monies so
received by it in the same manner as provided in Paragraph 5 for the proceeds of insurance.
8. Borrower's Loan Application. Borrower shall be in default if, during the loan application
process, Borrower or any persons or entities acting at the direction of Borrower or with
Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or
statements to lender (or failed to provide Lender with material information) in connection with the
loan. Material representations include, but are not limited to, representations concerning
Borrower's occupancy of the Property as Borrower's principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument.
If (a) Borrower fails to perform the covenants and agreements contained in this Security
Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the
Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy,
probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over
this Security Instrument or to enforce laws or regulations), or {c) Borrower has abandoned the
Property, then Lender may do and pay for whatever is reasonable or appropriate to P:ftect
Lender's interest in the Property and rights under this Security Instrument, including prot , ti g
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and/or assessing the value of the and securing and/or repairing the Property. Lender's
actions can include, but .are not limited to: (a) paying any sums secured by a lien which has
priority o:ver this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys'
fees to. protect its interest in the Property and/or rights under this Security Instrument, including
its secured positipn in a bankruptcy proceeding. Securing the Property includes. but is not limited
to, entering the Property to make repairs, change locks. replace or board up doors and windows.
drain water from pipes. eliminate building or other code violations or dangerous conditions. and
have utilities turned on or off. Although Lender may take action under this Section 9, Lender does
nm have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs
no liability for not taking any or all actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of
Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate
from the date of disbursement and shall be payable, with such interest. upon notice from Lender
to Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions
of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not
merge unless Lender agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making
the Loan. Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect.
If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available
from the mortgage insurer that previously provided such insurance and Borrower was required to
make separately designated payments toward the premiums for Mortgage Insurance, Borrower
shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage
Insurance previously in effect. at a cost substantially equivalent to the cost to Borrower of the
Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If
substantially equivalent Mortgage Insurance coverage is not available. Borrower shall continue to
pay to Lender the amount of the separately designated payments that were due when the
insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a
non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be
non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall
not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no
longer require IOS!l reserve payments if Mortgage Insurance coverage (in the amount and for the
period that Lender requires) provided by an insurer selected by Lender again becomes available, is
obtained, and .Lender requires separately designated payments toward the premiums for Mortgage
Insurance. If Lender required Mortgage Insurance as a condition of making the hoan .and Borrower
was required to make separately designated payments toward the premiums for Mortgage
Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or
to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends
in accordance with any written agreement between Borrower and Lender providing for such
termination or until termination is required by Applicable Law. Nothing in this Section 10 affects
Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain
losses it may incur if·Borrower does not repay the Loan as agreed. Borrower is not a party to the
Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time,
and may enter into agreements with other parties that share or modify their risk, or losses.
These agreements are on .terms and conditions that are satisfactory to the mortga e insurer and
'"' """" P"'Y '"' -·•l ,
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insurer to make payments using any source of funds that the mortgage insurer may have available
(which may include funds obtained from Mortgage Insurance premiums).
As a result of these agreements, lender, any purchaser of the Note, another insurer, any
reinsurer, any other entity, or any affiliate of any of the foregoing, may r-eceive (directly or
indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's
payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's
risk, or reducing losses. If such agreement provides that an affiliate of lender takes a share of
the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is
often termed "captive reinsurance.• Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for
Mortgage Insurance, or any other terms of the loan. Such agreements will not increase the
amount. Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any
refund.
(bl Any such agreements will not affect the rights Borrower has - if any - with respect to
the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These
rights may include the right to receive certain disclosures, to request and obtain cancellation of
the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to
receive a refund of any Mortgage Insurance premiums that were unearned at the time of such
cancellation or termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are
hereby assigned to and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or
repair of the Property, if the restoration or repair is economically feasible and Lender's security is
not lessened. During such repair and restoration period, Lender shall have the right to hold such
Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure
the work has been completed to Lender's satisfaction, provided that such inspection shall be
undertaken promptly. Lender may pay for the repairs and restoration· in a single disbursement or
in a series of progress payments as the work is completed. Unless an agreement is made in
writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender
shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If
the restoration or repair is not economically feasible or Lender's security would be lessened, the
Miscellaneous· Proceeds shall be applied to the sums secured by this Security Instrument, whether
or not then due, With the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be
applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the
Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether
or not then due, with·the excess, if any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the
fair market value of the Property immediately before the partial taking, destruction, or loss in value
is equal to or greater than the amount of the sums secured by this Security Instrument
immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender
otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the
amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of
the sums secured immediately before the partial taking, destruction, or loss in value divided by (b)
the fair market value of the Property immediately before the partial taking, destruction, or loss in
value. Any balance shall be paid to Borrower. ,
In the event of a partial taking, destruction, or loss in value of the Property in which trhair
market value of the Property immediately before the partial taking, destruction, or loss in valu ·s   ±
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less than the amount of the sums secured immediately before the partial taking, destruction, or
Joss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds
shall be applied to the sums secured by this Security Instrument whether or not the sums are then
due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that
the Opposing Party {as defined in the next sentence) offers to make an award to settle a claim for
damages, Borrower fails to respond to Lender within 30 days after the datfl the notice is given,
Lender is authorized to·collect and apply the Miscellaneous Proceeds either to restoration or repair
of the Property or to the sums secured by this Security Instrument, whether or not then due.
"Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party
against whom Borrower has a right of action in regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun
that, in Lender's judgement, could result in forfeiture of the Property or other material impairment
of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure
such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing
the action or proceeding to be dismissed with a ruling that, in Lender's judgement, precludes
forfeiture of the Property or other material impairment of Lender's interest in the Property or rights
under this Security Instrument. The proceeds of any award or claim for damages that are
attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be
paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property
shall be applied in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. This Security Instrument
cannot be changed or modified except as otherwise provided herein or by agreement in writing
signed by Borrower, or any Successor in interest to Borrower and Lender. Extension of the time
for payment or modification of amortization of the sums secured by this Security Instrument
granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to
release the liability of Borrower or any Successor in Interest of Borrower. Lender shall not be
rP.quired to commence proceedings against any Successor in Interest of Borrower or to refuse to
extend time for payment or otherwise modify amortization of the sums secured by this Security
Instrument by reason of any demand made by the original Borrower or any Successors in Interest
of Borrower. Any forbearance by Lender in exercising any right or remedy including, without
limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest
of Borrower or in amounts less than the amount then due •. shall not be a waiver of or preclude the
exercise of any right or remedy. No waiver by Lender of any right under this Security Instrument
shall be effective unless in writing. Waiver by lender of any right granted to Lender under this
Security Instrument or of any provision of this Security Instrument as to any transaction or
occurrence shall not be deemed a waiver as to any future transaction or occurrence.
13. Joint and Several Liability; Co-signers; Successors ·and Assigns Bound. Borrower
covenants and agrees that Borrower's obligations and liability shall be joint and several. However,
any Borrower who co-signs this Security Instrument but does not execute the Note (a
"co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the
co-signer's interest in the Property under the terms of this Security Instrument; (b) is not
personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that
Lender and any other Borrower can agree to extend, modify, forbear or make any
accommodations with regard to the terms of this Security Instrument or the Note without the
co-signer's consent.
1
Subject to the provisions of Section 18, any Successor in Interest of Borro r who
assumes Borrower's obligations under this Security Instrument in writing, and is appr d
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Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower
shall not be released from Borrower's obligations and liability under this Security Instrument
unless Lender agrees to such release in writing. The covenants and agreements of this Security
Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of
Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection
with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights
under this Security Instrument, including, but not limited to, attorneys' fees. property inspection
and valuation fees. Borrower shall pay such other charges as Lender may deem reasonable for
services rendered by Lender and furnished at the request of Borrower, any Successor in interest
to Borrower or any agent of Borrower. In regard to any other fees, the absence of express
authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as
a prohibition on the charging of such fee. Lender may not charge fees that are expressly
prohibited by this Security Instrument or by Applicable law.
If the Loan is subject to a law which sets maximum loan charges. and that law is finally
interpreted so that the interest or other loan charges collected or to be collected in connection
with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the
amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected
from Borrower which exceeded permitted limits will be refunded to Borrower. lender may choose
to make this refund by reducing the principal owed under the Note or by making a direct payment
to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment
without any prepayment charge (whether or not a prepayment charge is provided for under the
Note). Borrower's acceptance of any such refund made by direct payment to Borrower will
constitute a waiver of any right of action Borrower might have arising out of such overcharge.
15. Notices. All notices given by Borrower or lender in connection with this Security
Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument
shall be deemed to have been given to Borrower when mailed by first class mail or when actually
delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall
constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice
address shall be the Property Address unless Borrower has designated a substitute notice address
by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If
lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only
report a change of address through that specified procedure. There may be only one designated
notice address under this Security Instrument at any one time. Any notice to Lender shall be given
by delivering it or mailing it by first class mail to lender's address stated herein unless lender has
designated another address by 'notice to Borrower. Any notice in connection with this Security
Instrument shall not be deemed to have been given to Lender until actually received by lender. If
any notice required by this Security Instrument is also required under Applicable law, the
Applicable law requirement will satisfy the corresponding requirement under this Security
Instrument.
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be
governed by federal law and the law of the jurisdiction in which the Property is located. All rights
and obligations contained in this Security Instrument are subject to any requirements and
limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to
agree by contract or it might be silent, but such silence shall not be construed as a prohibition
against agreement by contract. In the event that any provision or clause of this Security
Instrument or the Note conflicts with Applicable law, such conflict shall not affectyther
provisions of this Security Instrument or the Note which can be given effect withou the J_,
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conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and
include corresponding neuter words or words of the feminine gender; (b) words in the singular
shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion
•,vithout any obligation to take any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security
Instrument. ·
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section
1 ·,:, "Interest in the Property" means any legal or beneficial interest in the Property, including, but
not limited to, those beneficial interests transferred in a bond for deed, contract for deed,
installment sales contract or escrow agreement, the intent of which is the transfer of title by
Borrower at a future date to a purchaser.
If all or any part ot the Property or any Interest in the Property is sold or transferred (or if
Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)
without lender's prior written consent, lender may require immediate payment in full of ali sums
secured by this Security Instrument. However, this option shall not be exercised by Lender if such
exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The
notice shall provide a period of not less than 30 days from the date the notice is given in
accordance with Section 15 within which Borrower must pay all sums secured by this Security
lnc.\rument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may
invoke any remedies permitted by this Security Instrument without further notice or demand on
Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions,
Borrower shall have the right to have enforcement of this Security Instrument discontinued at any
time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale
contained in this Security Instrument; (b) such other period as Applicable Law might specify for
the termination of Borrower's right to reinstate; or (c) entry of a judgement enforcing this Security
in;..trument. Those conditions are that Borrower: (a) pays Lender all sums which then would be
due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any
default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this
Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection
and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the
Property and rights under this Security Instrument; and (d} takes such action as Lender may
reasonably require to .. assure that Lender's interest in the Property and rights under this Security
Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall
continue unchanged. Lender may require that Borrower pay such reinstatement sums and
expenses in one or more of the ·following forms, as selected by Lender: (a) cash; (b) money order;
(c) certified check, bank check, treasurer's check or cashier's check, provided any such check is
drawn upon an institution whose deposits are insured by a federal agency, instrumentality or
entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument
and obligations secured hereby shall remain fully effective as if no acceleration had occurred.
However, this right to reinstate shall not apply in the case of acceleration under Section 18.
20. Sale of Note; Change of loan Servicer; Notice of Grievance. The Note or a partial
interest in the Note (together with this Security Instrument) can be sold one or more times
without prior notice to Borrower. A sale might result in a change in the entity (known as the
"Loan Servicer") that collects Periodic Payments due under the Note and this Security lftrument
and performs other mortgage loan servicing obligations under the Note, this Security In trument,
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and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a
sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of
the change which will state the name and address of the new Loan Servicer, the address to which
payments should be made and any other information RESPA requires in connection with a notice
of transfer of servicing. If the Note is sold and thereafter the Loan is .serviced by a Loan Servicer
other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will
remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed
by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as
either an individual litigant or the member of a class) that arises from the other party's actions
pursuant to this Security Instrument or that alleges that the other party has breached any
provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or
lender has notified the other party (with such notice given in compliance with the requirements of
Section 15) of such alleged breach and afforded the other party hereto a reasonable period after
the giving of such notice to take corrective action. If Applicable Law provides a time period which
must elapse before certain action can be taken, that time period will be deemed to be reasonable
for purposes of this paragraph. The notice of acceleration and opportunity to cure given to
Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to
Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action
provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are
those substances defined as toxic or hazardous substances, pollutants, or wastes by
Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic
petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing
asbestos or formaldehyde, and radioactive materials; (bl "Environmental Law" means federal laws
and laws of the jurisdiction where the Property is located that relate to health, safety or
environmental protection; (c) "Environmental Cleanup" includes any response action, remedial
action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition"
means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property.
Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in
violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which,
due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely
affects the value of the Property. The preceding two sentences shall not apply to the presence,
use, or storage on the Property of small quantities of Hazardous Substances that are generally
recognized to be appropriate to normal residential uses and to maintenance of the Property
(including, but not limited to, hazardous substance in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand,
lawsuit or other action by any governmental or regulatory agency or private party involving the
Property and any Hazardous Substance or Environmental Law of which Borrower has actual
knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking,
discharge, release or threat of release of any Hazardous Substance, and (cl any condition caused
by the presence, use, or release of a Hazardous Substance which adversely affects the value of
the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any
private party, that any removal or other remediation of any Hazardous Substance affec ing the
Property is necessary, Borrower shall promptly take all necessary remedial actions in ace rdance
with Environmental law. Nothing herein shall create any obligation on Lender f r
Environmental Cleanup.
FLORIDA
73213102·011 Page 14 of 16
105
• •
20765PG4618
03-2265-060325138-0
NON-UNIFORM COVENANTS; Borrower and Lender further covenant and agree as
follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration
following Borrower's breach of any covenant or agreement in this Security Instrument (but not
prior to acceleration under Section 18 unless Ap.plicable Law provides otherwise). The notice shall
specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30
days from the date the notice is given to Borrower, by which the default must be cured; and (d)
that failure to cure the default on or before the date specified in the notice may result in
acceleration of the sums secured by this Security Instrument and sale of the ·Property. The notice
shall further inform Borrower of the right to reinstate after acceleration and the right to bring a
court action to assert the non-existence of a default or any other defense of Borrower to
acceleration and foreclosure. If the default is not cured on or before the date specified in the
notice, Lender at its option may require immediate payment in full of all sums secured by this
Security Instrument without further demand and may foreclose this Security Instrument by judicial
proceeding. lender shall be entitled to collect all expenses incurred in pursuing the remedies
provided in this Section 22, including, but not limited to. reasonable attorneys" fees and costs of
title evidence. If Borrower or any Successor in interest to Borrower files (or has filed against
Borrower or any Successor in interest to Borrower) a bankruptcy petition under Title II or any
successor title of the United States Code which provides for the curing of prepetition default due
on the Note. interest at a rate determined by the Court shall be paid to Lender on post-petition
arrears.
23. Release. Upon payment of all sums secured by this Security Instrument. Lender shall
release this Security Instrument. Borrower shall pay any recordation costs. Lender may charge
Borrower a fee for releasing this Security Instrument, but only if the fee is not prohibited by
Applicable Law.
24. Attorneys" Fees. As used in this Security Instrument and the Note. "attorneys" fees"
shall include any attorneys" fees awarded by an appellate court and any attorneys' tees incurred in
a bankruptcy proceeding.
25. Jury Trial Waiver. The Borrower hereby waives any right to a trial by jury in any
ac1ion, proceeding, claim. or counterclaim. whether in contract or tort. at law or in equity, arising
out of or in any way related to this Security Instrument or the Note.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and coven
in this Security Instrument and in any Rider executed by Borrower and recorded with i .
FLQ.P.JOA
732::: I02-01} Page 15 of 16
~   ~ ~ p ~
... . .....
106


BfUtt.111..
20765PG46 I 9'
03-2265-060325138-0
----------- (Space Below This Line For Acknowledgment) -----------
STATE OF Flm, . L)_
COUNTY OF K/dwt
My Commission expires:
{Notary Rubber/Raised Stamp Seal)
FLORIDA
73213 102·011 Page 16 of 16
Sandra G. Lopez
.. #CC811226
f' -.Ji¥ Expir., Apr. 6, 2003
-:.,,   Bonded Thru
1
u1,.\ Atlanf.ic Bonding- Co., Inc.
107


ADJUSTABLE RATE NOTE
(12-MTA Index - Payment and Rate Caps)
03-2265-060325138-0
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RA-TE
AND MY MONTHLY PAYMENT. MY MONTHLY PAYMENT INCREASES WILL HAVE LIMITS
WHICH COULD RESULT IN THE PRINCIPAL AMOUNT I MUST REPAY BEING LARGER
THAN THE AMOUNT I ORIGINALLY BORROWED, BUT NOT MORE THAN 125% OF
THE ORIGINAL AMOUNT (OR$ 450,ooo.oo ). MY INTEREST RATE CAN NEVER
EXCEED THE LIMIT STATED IN THIS NOTE OR ANY RIDER TO THIS NOTE. A BALLOON
PAYMENT MAY BE DUE AT MATURITY.
October 25. 2002
8141 SW 170 TH TERRACE. MIAMI. FL 33157
(Property Address>
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $ 360, ooo. oo plus
any amounts added in accordance with Section 4 (G) below, {this amount is called "Principal"). plus
in1erest, to the order of the Lender. The Lender is Washington Mutual Bank, FA . I
will make all payments under this Note in form of cash, check or money order. I understand that
the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who
is entitled to receive payments under this Note is called the "Note Holder".
2. INTEREST
Interest will.be charged on unpaid Principal until the full amount has been paid. Up until the first
day of the calendar month that immediately precedes the first payment due date set forth in Section
3 of this Note, I will pay interest at a yearly rate of 4. 772 %. Thereafter until the first Change
Date (as defined in Section 4 of this Note) I will pay interest at a yearly rate
ot 2. 450 %. The interest rate required by this Section 2 and Section 4 of this Note is the Rate I
wit! pay both before and after any default described in Section 7(8) of this Note. ··
3. PAYMENTS
(Al Time and Place of Payments
I will pay Principal and interest by making payments every month. In this Note, "payments"
refer to Principal and interest payments only, although other charges such as taxes, insurance
and/or late charges may also be payable with the monthly payment.
I will make my monthly payments on 1st day of each month beginning on
December, 20 02 , I will make these payments every month until I have_ paid all of the
principal and interest and any other charges described below that I may owe under this Note. Each
monthly payment will be applied to interest before Principal. If, on November 1, 2032 , I
still owe amounts under this Note, I will pay those amounts in full on that date, which is called the
"Maturity Date".
I will make my monthly payments at 9451 CORBIN AVE, NORTHRIDGE, CA 91328
-------------·· or at a different place if required by the Note Holder.
!Bl Amount of My Initial Monthly Payments
Each of my monthly payments until the first Payment Change Date will be in the amount of U.S.
$ l 413. 09 , unless adjusted at an earlier time under Section 4(H) of this Note. \,l, /) :± .
3'850 ,, . o·i Page 1 of 6 J l
108
• •
03-2265-060325138-0
(CJ Payment Changes
My monthly payment will be recomputed, according to Sections 4(E)(F)(G)(H) and (I} of this
Note, to reflect changes in the Principal balance and interest rate that I must pay. The Note Holder
will determine my new interest rate and the changed amount of my monthly payment in accordance
with Section 4 of this Note. ··
4. INTEREST RATE.AND MONTHLY PAYMENT CHANGES
!Al Change Dates
The interest rate will pay may further change on the 1st day of
  and on that day every month thereafter. Eacli such day is called a
"Change Date".·
{B} The Index
On each Change Date, my interest rate will be based on an Index. The "Index" is the
Twelve-Month Average, determined as set forth below, of the annual yields on actively traded
United States Treasury Securities adjusted to a constant maturity of one year as published by the
Federal Reserve Board in the Federal Reserve Statistical Release entitled "Selected Interest Rates
{H.15)" (the "Monthly Yields"). The Twelve-Month Average is determined by adding together the
Monthly Yields for the most recently available twelve months and dividing by 12.
The most recent Index figure available as of 15 days before each interest rate Change Date is
called the "Current Index". If the Index is no longer available, the Note Holder will choose a new
index which is based upon comparable information. The Note Holder will give me notice of this
choice.
(CJ Calculation of Changes
Before each Change Date, the Note Holder will calculate my new interest rate by adding
Two & Five-Tenths · percentage points 2.soo %
{"Margin") to the Current Index. The Note Holder will then round the result of this addition to the
nearest one-thousandth of one percentage point (0.001 %}. Subject to the limits stated in Section
4{D) below. this rounded amount will be my new interest rate until the next Change Date. In the
event a new Index is selected, pursuant to paragraph 4(B), a new Margin will be determined. The
new Margin will be the difference between the average of the old Index for the most recent three
year period which ends on the last date the Index was available plus the Margin on the last date.the
old Index was available and the average of the new Index tor ·the most recent three year period
which ends on that date (or if not available for such three year period. for such· time as it is
avaiiable). This difference will be rounded to the next higher 1 /8 of 1 % .
(D) Interest Rate Limit
My interest rate will never be greater than Nine & Ninety-Five-Hl1ndredths
percentage points 9. 950 % {"Cap"), except that following any sale or transfer of the property
which secures repayment of this Note after the first interest rate Change Date, the maximum
interest rate will be the higher of the Cap or 5 percentage points greater than the interest rate in
effect at the time of such sale or transfer.
(E) Payment Change Dates
Effective every year commencing December 1, 2003 • and on the same
date each twelfth month thereafter ("Payment Change Date"}. Note Holder will determine the
amount of the monthly payment that would be sufficient to repay the projected principal balance I
am expected to owe as of the Payment Change Date in full on the Maturity Date at the interest rate
in effect 45 days prior to the Payment Change Date in substantially equal payments. The result of
this calculation is the new amount of my monthly payment, subject to Section 4(F} below, and I will
make payments in the new amount until the next Payment Change Date unless my payments are
changed earlier under Section 4(H) of this Note.
(fl Monthly Payment Limitations
Unless Section 4(H) and 4(1) below apply, the amount of my new monthly payment. beginning
with a Payment Change Date, will be limited to 7 1/2% more or Jess than the amount I have been
paying. This payment cap applies only to the principal payment and does not apFy to any escrow
payments Lender may require under the Security Instrument.

n, 011 Page 2 of 6
109


03-2265-060325138-0
(G) Changes in My Unpaid Principal Due to Negative Amortization or Accelerated Amortization
Since my payment amount changes less frequently than the interest rate and since the monthly
payment is subject to the payment limitation$ de.scribed in Section 4(FJ, my monthly payment could
be less or greater than the amQunt of the interest portion of the monthly payment that would -be
sufficient to repay .the unpaid Principal I .awe at the monthly payment date in full on the maturity
date in substantially equal payments. For each month that the monthly payment is less than the
interest portion, the Note Holder will subtract the monthly payment from the amount of the interest
portion and will ad the difference to my unpaid Principal, and interest will accrue on the amount of
this difference at the current interest rate. For each month that the monthly payment is greater
than the interest portion, the Note Holder will apply the excess towards a principal reduction of the
Note.
(H) Limit on My Unpaid Principal; Increased Monthly Payment
My unpaid principal can never exceed a maximum amount equal to 125% of the principal
amount original borrowed. In the ·event my unpaid Principal would otherwise exceed that 125%
limitation, I will begin paying a new monthly payment until the next Payment Change Date
notwithstanding the 7 1 /2 % annual payment increase limitation. The new monthly· payment will be
an amount which would be sufficient to repay my then unpaid Principal in full on the maturity date
at my interest rate in effect the month prior to the payment due date in substantially equal
payments.
(IJ Required Fun Monthly Payment
On the FIFTH anniversary of the due date of the first monthly payment, and on that same
day every FIFTH year thereafter, the monthly payment will be adjusted without regard to the
payment cap limitation in Section 4(F).
(J) Notice of Changes
The Note Holder will deliver or mail to me a notice of any changes in the amount of my monthly
payment before the effective date of any change. The notice will include information required by
law to be given me and also the title and telephone number of a person who will answer any
question I may have regarding the notice.
{Kl Failure to Make Adjustments
If for any "reason Note Holder fails to make an adjustment to the interest rate or payment
amount as described in this Note, regardless of any notice requirement, I agree that Note Holder
may, upon discovery of such failure, then make the adjustment as if they had been made on time. I
also agree not to hold Note Holder responsible for any damages to me which may result from Note
Holder's failure to make the adjustment and to let the Note Holder, at its option, apply any excess
monies which I may have paid to partial Prepayment of unpaid Principal.
5. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due. A payment of
Principal only is known as a
0
Prepayment". When I make a Prepayment, I will tell the Note Holder
in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all
the monthly payments due under the Note.
I may make a full prepayment or partial prepayments without paying any prepayment charge.
The Note Holder will apply all of my prepayments to reduce the amount of principal that I owe
under this Note. However, the Note Holder may apply my Prep,ayment to the accrued and unpaid
interest on the Prepayment amount, before applying my Prepayment to reduce the principal amount
of the Note. If I make a partial prepayment, there will be no changes in the due dates of my
monthly payments unless the Note Holder agrees in writing to those changes. My partial
prepayment may have the effect of reducing the amount of my monthly payments, but only after
the first Payment Change Date following my partial Prepayment. However, any reduction due to my
partial Prepayment may be offset by an interest rate increase.
6. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted
so that the interest or other loan charges collected or to be collected in connection with this loan
exceed the permitted limits, then; (a) any such loan charge shall be reduced by t i ~ amount
........... · · ~   ... r q l-
110


03-2265-060325138-0
necessary to.reduce the charge to the permitted limit; and (b) any sums already collected from me
which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this
refund by reducing the Principal I owe under this Note or by making a direct payment to me. ff a
refund reduces Priricipal, the reduction will be treated· as a partial Prepayment.
Miscellaneous Fees: I understand that the Note Holder will also charge a return item charge in
the event a ·payment that I make in connection with repayment of this Joan is not honored by the
financial institution on which it is .drawn. The current fee is $ 15. oo . Lender reserves the
right to change the fee from time to time.without notice except as may be required by law.
7. BORROWER'S FAILUR!= TO PAY AS REQUIRED
(A) Late Charges for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of
Fifteen calendar days after the date it is due, I will pay a fate charge to the Note Holder. The
amount of the charge will be 5. ooo % of my overdue payment of Principal and interest. I will
pay this late charge promptly but only once of each fate payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in
deiault.
(C} Notice of Default
ff I am in default, the Note Holder may send me a written notice telling me that if f do not pay
the overdue amount by a certain date, the Note Holder may require me to pay immediately the full
amount of Principal which has not been paid and all the interest that I owe on that amount. That
date must be at least 10 days after the date on which the notice is delivered or mailed to me (or, if
the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation buys all
or part of Lender's rights under the Security Instrument, in which case the notice will specify a
date, not fess than 30 days from the date the notice is given the Borrower).
(DJ No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately
in fulf as described above, the Note Holder will stiff have the right to do so if f am in default at a
later time.
{El Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note
Holder wiff have the right to be paid back by me for all of its costs and expenses in enforcing this
Note, whether or not a lawsuit is brought, to the extent not prohibited by Applicable Law. Those
expenses include, for example, reasonable attorneys' fees.
8. GIVING OF NOTICES .
Unless Applicable Law requires a different method, any notice that must be given to me under
this Note will be given by delivering it or by mailing it by first class mail to me at the Property
Address above or at a different address if f give the Note Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Nate will be given by mailing it by
first class mail to the Note Holder at the address stated in Section 3(A) above or at a different
address if I am given a notice of that different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep
all of the promises made in this Note, including the promise to pay the full amount owed. Any
person who is a guarantor, surety, or endorser of this Note is also obligated to do these things.
Any person who takes over these obligations, including the obligations of a guarantor, surety, or
endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note
Holder may enforce its rights under this Note against each person individually or against all of us
together. This means that any one of us may be required to pay all of the amounts th
9
isj .
Note. .
32E"5E'   Page 4 of 6
111
• •
03-2265-060325138-0
10.WAIVERS
I and any other person who has obligations under this Note waive the rights of presentment and
notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment
of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to
other persons that amounts due have not been paid.
11. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the
protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed
(the "Security Instrument"), dated the same date as this Note, protects the Note Holder from
possible losses which might result if I do not keep the promises which I make in this Note. That
Security Instrument describes how and under what conditions I may be required to make immediate
payment in full of all amounts I owe under this Note. Some of those conditions are described as
follows:
Transfer of the Property or a Beneficial Interest in Borrower.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if a
beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)
without Lender's prior written consent, Lender may require immediate payment in full of all
sums secured by this Security Instrument. However, this option shall not be exercised by
Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this
option if: (a) the request to assume is made after one year following recordation of the Deed of
Trust, (b) Borrower causes to be submitted to Lender information required by Lender to evaluate
the intended transferee as if a new loan were being made to the transferee; and (cl Lender
reasonably determines that Lender's security will not be impaired by the loan assumption and
that the risk of a breach of any covenant or agreement in this Security Instrument or other
obligations related to the Note or other loan document is acceptable to Lender, (d) Assuming
party executes Assumption Agreement acceptable to Lender at its sole choice and discretion,
which Agreement may include an increase to Cap as set forth below and (e) payment of
Assumption Fee if requested by Lender.
To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a
condition to Lender's consent to the loan assumption and Lender may increase the maximum
rate limit to the higher of the Cap or 5 percentage points greater than the interest rate in effect
at the time of the transfer. Lender may also require the transferee to sign an assumption
agreement that is acceptable to Lender and that obligates the transferee to keep all the promises
and agreements made in the Note and in this Security Instrument. Borrower will continue to be
obligated under the Note and this Security Instrument unless Lender has entered into a written
Assumption Agreement with transferee and formally releases Borrower.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice
shall provide a period of not less than 30 days from the date the notice is given in accordance
with Section 15 within which Borrower must pay all sums secured by this Security Instrument.
If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any
remedies permitted by this Security Instrument without further notice or demand on Borrower.
12. MISCELLANEOUS PROVISIONS
In the event the Note Holder at any time discovers that this Note or the Security Instrument or
any other document related to this loan, called collectively the "Loan Documents," contains an error
which was caused by a clerical or ministerial mistake, calculation error, computer error, printing
error or similar error (collectively "Errors"). I agree, upon notice from the Note Holder, to reexecute
any Loan Documents that are necessary to correct any such Errors and I also agree that I will not
hold the Note Holder responsible for any damage to me which may result from any such Errors.
If any of the Loan Documents are lost, stolen, mutilated or destroyed and the Note Holder
mo on lo   :Y <h• No" Holdo<, <hoo I will d;;
112


03-2265-060325138-0
to the Note Holder a Loan Document identical in form and content which will have the effect of the
original for al.I. purposes.
13. DOCUMENTARY TAX
The· state documentary tax due on this Note has been paid on the mortgage securing this
indebtedness.
WITNESSTHE HAND(SI AND SEAL(SI OF THE UNDERSIGNED.
x<.E,ZEK  
Pay to the order of
Without Recourse
  ess ma , AVP
113


DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
July Term 2011
ROBERT McLEAN,
Appellant,
v.
JP MORGAN CHASE BANK NATIONAL ASSOCIATION, not individually
but solely as Trustee for the holders of STRUCTURED ASSET
MORTGAGE INVESTMENTS II, INC., MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-ARS,
Appellee.
No. 4D10-3429
[December 14, 2011]
PERCURIAM.
Robert McLean appeals a final judgment of foreclosure entered in
favor of JP Morgan Chase Bank ("Chase") as Trustee for holders of
certain mortgage pass-through certificates. We reverse, concluding that
the trial court erred in entering summary judgment in Chase's favor,
where the record lacked any evidence that Chase had standing to
foreclose at the time the lawsuit was filed.
On May 11, 2009, Chase filed a two-count mortgage foreclosure
action against the appellant, Robert McLean. The complaint generally
alleged that McLean had defaulted under the note and mortgage, and
that Chase was "the legal and/ or equitable owner and holder of the Note
and Mortgage and has the right to enforce the loan documents." Count I
of the complaint was entitled "Mortgage Foreclosure," while Count II was
entitled "Reestablishment of Lost Note." Count II alleged that Chase "is
not in possession of the subject Promissory Note and [Chase] cannot
reasonably obtain possession of said Note because it is lost, stolen, or
destroyed." The copy of the mortgage attached to the complaint stated
that the lender was American Brokers Conduit and that the mortgagee
wasMERS.
McLean filed a motion to dismiss, which the trial court denied on
April 7, 2010. However, in the order denying McLean's motion to
dismiss, the trial court ordered Chase to file and serve within fifteen days
~ 8   c lb+
114


"a copy of the assignment by which it obtained its rights and standing to
proceed in this cause .... " In compliance with the trial court's order,
Chase filed an Assignment of Mortgage, which reflected that MERS
assigned the mortgage to Chase. However, the Assignment of Mortgage
was signed by MERS representatives on May 14, 2009, three days after
Chase filed the instant foreclosure complaint.
McLean filed a second motion to dismiss, arguing that Chase did not
have standing to file its complaint because on the date of filing, May 11,
2009, Chase was not the owner of the Note and Mortgage. The trial court
denied McLean's second motion to dismiss. Subsequently, on May 13,
2010, McLean filed an Answer and Affirmative Defenses, raising various
affirmative defenses, including the defense that Chase did not have
standing to file its complaint.
Subsequently, Chase filed the original note and mortgage, as well as a
reply to McLean's affirmative defenses. The original note bore a special
endorsement, stating: "Pay to the Order of JPMorgan Chase Bank, N.A.,
as Trustee Without Recourse By: American Brokers Conduit." The
endorsement to the note was not dated.
Chase filed a motion for summary judgment, as well as an affidavit in
support of summary judgment. The affidavit, which was executed by a
representative of American Home Mortgage Servicing after the lawsuit
was filed, set forth the amounts due and owing under the loan. The
affidavit further stated that Chase "is the holder and owner" of the
mortgage originally given by Robert McLean to MERS. However, the
affidavit did not specifically state when Chase became the owner of the
note and mortgage, nor did the affidavit indicate that Chase was the
owner of the note and mortgage before suit was filed. In fact, the
affidavit failed to mention any endorsement of the note to Chase.
Following a hearing on Chase's motion for summary judgment, the trial
court entered a final judgment of foreclosure in favor of Chase. McLean
appealed.
The standard of review of an order granting summary judgment is de
novo. Volusia County v. Aberdeen at Ormond Beach, L.P., 760 So. 2d
126, 130 (Fla. 2000). Summary judgment is appropriate where there is
no genuine issue as to any material fact and the moving party is entitled
to judgment as a matter of law. Fla. R. Civ. P. l.SlO(c). Wheft reviewing
a final summary judgment, an appellate court must examine the record
in the light most favorable to the non-moving party. Princeton Homes,
Inc. v. Morgan, 38 So. 3d 207, 208 (Fla. 4th DCA 2010). "[T]he burden is
upon the party moving for summary judgment to show conclusively the
2
  r .-4-
115


complete absence of any genuine issue of material fact." Albelo v. S. Bell,
682 So. 2d 1126, 1129 (Fla. 4th DCA 1996).
A crucial element in any mortgage foreclosure proceeding is that the
party seeking foreclosure must demonstrate that it owns and holds the
note and mortgage in question-otherwise, the plaintiff lacks standing to
foreclose. See Lizio v. McCullom, 36 So. 3d 927, 929 (Fla. 4th DCA 2010);
Verizzo v. Bank of N. Y., 28 So. 3d 976, 978 (Fla. 2d DCA 2010); Philogene
v. ABN Amro Mortg. Group Inc., 948 So. 2d 45, 46 (Fla. 4th DCA 2006). If
the note does not name the plaintiff as the payee, the note must bear a
special endorsement in favor of the plaintiff or a blank endorsement. See
Servedio v. U.S. Bank Nat'l Ass'n, 46 So. 3d 1105, 1106-07 (Fla. 4th DCA
2010); Riggs v. Aurora Loan Servs., LLC, 36 So. 3d 932, 933 (Fla. 4th
DCA 2010). Alternatively, the plaintiff may submit evidence of an
assignment from the payee to the plaintiff or an affidavit of ownership to
prove its status as a holder of the note. See Servedio, 46 So. 3d at 1107.
While it is true that standing to foreclose can be demonstrated by the
filing of the original note with a special endorsement in favor of the
plaintiff, this does not alter the rule that a party's standing is determined
at the time the lawsuit was filed. See Progressive. Exp. Ins. Co. v.
McGrath Comty. Chiropractic, 913 So. 2d 1281, 1286 (Fla. 2d DCA 2005).
Stated another way, "the plaintiffs lack of standing at the inception of
the case is not a defect that may be cured by the acquisition of standing
after the case is filed." Id. at 1285. Thus, a party is not permitted to
establish the right to maintain an action retroactively by acquiring
standing to file a lawsuit after the fact. Id. at 1286.
Generally, where a mortgage foreclosure action is based on an
assignment that was executed after the lawsuit was filed, the plaintiff
has failed to state a cause of action. See Jeff-Ray Corp. v. Jacobson, 566
So. 2d 885, 886 (Fla. 4th DCA 1990). In such cases, the proper course of
action is for the plaintiff to file a new complaint. Id. But even in the
absence of a valid written assignment, the "mere delivery of a note and
mortgage, with intention to pass the title, upon a proper consideration,
will vest the equitable interest in the person to whom it is so delivered."
Johns v. Gillian, 184 So. 140, 143 (Fla. 1938). Thus, where there is an
indication that equitable transfer of the mortgage occurred prior to the
assignment, dismissal of the complaint is error, even if the assignment
was executed after the complaint was filed. See WM Specialty Mortg., LLC
v. Salomon, 874 So. 2d 680, 682-83 (Fla. 4th DCA 2004) ("At a minimum,
as WM Specialty suggests, the court should have upheld the complaint
because it stated a cause of action, but considered the issue of WM
Specialty's interest on a motion for summary judgment. An evidentiary
3   ~ ~ , , . . "+ a;;
116


hearing would have been the appropriate forum to resolve the conflict
which was apparent on the face of the assignment, i.e., whether WM
Specialty acquired interest in the mortgage prior to the filing of the
complaint.") (emphasis added).
In the present case, as is common in recent foreclosure cases, Chase
did not attach a copy of the original note to its complaint, but instead
brought a count to re-establish a lost note. Later, however, Chase filed
with the circuit court the original promissory note, which bore a special
endorsement in favor of Chase. Because Chase presented to the trial
court the original promissory note, which contained a special
endorsement in its favor, it obtained standing to foreclose, at least at
some point. See, e.g., Kaminik v. Countrywide Home Loans, Inc., 64 So.
3d 195, 196 (Fla. 4th DCA 2011) (reversing fee award but otherwise
affirming summary final judgment of foreclosure where the record
demonstrated that the appellee "tendered the original promissory note to
the trial court, which contained a special indorsement in its favor").
Nonetheless, the record evidence is insufficient to demonstrate that
Chase had standing to foreclose at the time the lawsuit was filed. The
mortgage was assigned to Chase three days after Chase filed the instant
foreclosure complaint. More importantly, the original note contained an
undated special endorsement in Chase's favor, and the affidavit filed in
support of summary judgment did not state when the endorsement was
made to Chase. Furthermore, the affidavit, which was dated after the
lawsuit was filed, did not specifically state when Chase became the
owner of the note and mortgage, nor did the affidavit indicate that Chase
was the owner of the note and mortgage before suit was filed.
1
Therefore,
Chase failed to submit any record evidence proving that it had the right
to enforce the note on the date the complaint was filed. See U.S. Bank
Nat'l Ass 'n v. Kimball, 27 A. 3d 1087 (Vt. 2 0 11) (bank that filed a
foreclosure complaint against a homeowner did not show that, at the
time it filed the complaint, the bank possessed the original promissory
note either made payable to bearer with a blank endorsement or made
payable to order with an endorsement specifically to the bank; although
the bank ultimately submitted the promissory note with an undated
i We think that if the body of the affidavit had indicated that Chase was the
owner of the note and mortgage before suit was filed, this would have been
sufficient to establish Chase's standing on the date it filed the complaint.
Alternatively, if the affidavit itself had been executed before the lawsuit was
filed, the allegation that Chase was the "owner and holder of the note" would
have been sufficient to establish Chase's standing at the inception of the
lawsuit.
4
117


specific endorsement to the bank, the bank provided no information as to
when such endorsement was made).
We therefore reverse the summary judgment and corresponding final
judgment of foreclosure. On remand, in order for Chase to be entitled to
summary judgment, it must show, without genuine issue of material
fact, that it was the holder of the note on the date the complaint was filed
(i.e., that the note was endorsed to Chase on or before the date the
lawsuit was filed). By contrast, if the evidence shows that the note was
endorsed to Chase after the lawsuit was filed, then Chase had no
standing at the time the complaint was filed, in which case the trial court
should dismiss the instant lawsuit and Chase must file a new complaint.
See Jeff-Ray Corp., 566 So. 2d at 886. An evidentiary hearing may also
be required if there is disputed evidence on an issue, such as to the date
the note was endorsed to Chase.
Reversed and Remanded for further proceedings consistent with this
opinion.
TAYLOR, HAZOURI AND LEVINE, JJ ., concur.
* * *
Appeal from the Circuit Court for the Seventeenth Judicial Circuit,
Broward County; Eli Breger, Judge; L.T. Case No. 09-26853 CACE13.
Stuart N. House of Giunta & House, P.A., Fort Lauderdale, for
appellant.
Heidi J. Weinzetl of Shapiro & Fishman, LLP, Boca Raton, for
appellee.
Not final until disposition of timely filed motion for reheari.ng.
5
118

WASHINGTON MUTUAL BANK,
Plaintiff,
vs.
LESZEK LADOWSKI, et al,
Defendants.

IN THE CIRCUIT COURT OF THE ,.,
I ITH JUDICIAL CIRCUIT, IN AND FOR
COUNTY, FLORIDA .,._ ;:;
CIVIL DIVISION IO   2
CASE NO.: 07-33380 CA 10 °n :z: ....,,
0



-0
:x
EX PARTE MOTION TO REINSTATE MATTER AS PENDING
:• . er.
N
C.11
COMES NOW, Plaintiff, WASHINGTON MUTUAL BANK, by and through the undersigned counsel, and
moves this court to vacate the Order Dismissing the Case, and as grounds thereof would state as follows:
I. The Plaintiff filed its Complaint for mortgage foreclosure on October 2, 2007.
2. That Service of Process was completed on or about October 17, 2007.
3. On August 13, 2008, Plaintiff filed its Motion for Summary Judgment. A copy of said motion is
attached as Exhibit "A."
4. A hearing on Plaintiffs Motion for Summary Judgment was set for October I, 2008. A copy of the
notice of hearing is attached as Exhibit "B."
5. On August 27, 2008, Defendant's counsel filed its Motion to Withdraw as Counsel.
6. On October I, 2008, this Honorable Court granted Defendant's counsel's Motion to Withdraw as
Counsel.
7. As a result, the hearing set on Plaintiff's Motion for Summary Judgment for October I, 2008, was not
heard.
8. On February 2, 2009, Plaintiff inadvertently noted in its file to place file on hold for Motion to
Dismiss.
9. On October 20, 2009, Plaintiff reviewed the file and determined that there is no Motion to Dismiss
issue in this file. Plaintiff resumed its Foreclosure action.
10. On January 29, 2010, this case was dismissed for lack of prosecution. A copy of the Order Dismissal is
attached as Exhibit "C."
11. Plaintiff wishes to resume its Foreclosure action and is requesting this Honorable Court to allow this
case to be reinstated.
Official Receipt
Clerk's Office: Miami Dade County. re.
Pl ease keep thl s receipt for records.
Date:6/30/2010 9:32AM LOC:CIR -014-022
Fee Receipt# 6153\0022
C 1 erk - Cash i er : JMOG - JMOG
Ref# 033380CA01 Sect: 10
Sty! : WASHINGTON MUTUAL BANK
Name:
Comment:
Reopen Case Fee $50. 00
Total
fender: Check
Amount <*l
;HAN GE
$50.00
$50.00*
$0.00
I
119


WHEREFORE, Plaintiff, WASHINGTON MUTUAL BANK, respectfully requests that this Court enter an
Order Reinstating Matter as Pending.
I HEREBY CERTIFY that a true copy of the foregoing was delivered to the parties on the attached
mailing list by mail this day of 2010.
·JUN Z l ZUlU
MAILING LIST
Case No.: 07-33380 CA JO
LESZEK LADOWSKI
8141SOUTHWEST170THTERRACE
MIAMI, FL 33157
JUAN SANCHEZ, ESQ.
Law Offices of Marshall C. Watson, P.A.
1800N.W.49™S et, Suite 120
Fort Lauderdale, F 33309
Telephone: (954) 3-0365/(800) 441-2438
Facsimile: (954 7 1-6052
B y : . ~ ~ ~ ~   ~ ~ ~ ~ ~ ­
Sean A. Mars all, Esq.
Bar Number: 76071
ATTORNEY FOR GROVES AT CUTLER HOMEOWNERS ASSOCIATION, INC.
10251 SUNSET DRIVE, #A-106
MIAMI, FL 33173
JORGE TORRECILLA
6420 SW I05TH CT.,
MIAMI, FL 33173
MAGDALIA TORREECILLA
6420 SW l05TH CT.,
MIAMI, FL 33173
JADWIGA LADOWSKI
8141 SOUTHWEST I 70TH TERRACE
MIAMI, FL 33157
07-19992
120
************************.****************************.*******************
IN THE CIRCUIT COURT * CASE 7-033380-CA-01
OF THE ELEVENTH JUDICIAL * C A S E * JUDICIAL SECTION: 10
CIRCUIT OF FLORIDA * I N F 0 R M A T I 0 N * ACTION: 2 MORTGAGE FORECLOS
IN AND FOR DADE COUNTY * D 0 C K E T * RECEIPT NUMBER: 112812
** OPEN **
********************************************************************************
CASE STYLE: WASHINGTON MUTUAL BANK
vs
LADOWSKI, LESZEK
PN PLAINTIFF
PK PLAINTIFF AKA
DN
DK
GN
DEFENDANT
DEFENDANT AKA
GARNISHEE
********************************************************************************
PARTY ATTORNEY
PNOl WASHINGTON MUTUAL BANK ATTORNEY UNKNOWN
DNOl LADOWSKI, LESZEK JORGE E BLANCO
DN02 GROVES AT CUTLER HOMEOWNERS ASSN INC JUAN A SANCHEZ
DN03 TORRECILLA, JORGE JORGE L PIEDRA
DN04 TORRECILLA, MAGDALIA JORGE L PIEDRA
DN05 LADOWSKI, JADWIGA JORGE E BLANCO
********************************************************************************
DATE
07/05/2012
06/19/2012
06/14/2012
06/14/2012
05/18/2012
05/10/2012
05/10/2012
05/10/2012
04/13/2012
04/13/2012
04/13/2012
04/13/2012
03/14/2012
03/22/2011
03/22/2011
07/06/2010
06/29/2010
PLEADING DESCRIPTION
ORD SETTING NJ TRIAL CRTRM 22A 07/27/2012 8 ;45 A
ORDER GRANTING SHOWING OF GOOD CAUSE (FWOP CALN)
NOTICE:
OF SERVICE FOR FORECLOSURE UNIFORM ORDER .. ETC
WITNESS LIST
PNOl
AND EXHIBIT LIST
ORDER:
TO PLT TO SUBMIT CURRENT, ACCURATE SVC LIST & STAMPED
ORDER OF REFERRAL TO MEDIATION UNIT
ORDER SETTING NON-JURY TRIAL 07/16/2012 11:00 AM
ORDER FOR SUBSTITUTION OF COUNSEL ATY:8888
PNOl
AMEND PLEADINGS GRANTED PARTY PLAINTIFF
MOTION:
TO AMENDED PLEADINGS & SUBSTITUTE PARTY PLTF'
NOTICE OF APPEARANCE ATTORNEY:
PNOl
NOTICE HEARING-MOTIONS
MOTION:
AMEND PLEADING
05/09/2012 9:00AM
06/18/2012 9:00 AM
.....,
c::::>
,....,,
'-
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r-
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-0
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N
0
FWOP NOTICE GENERATED
AFFIDAVIT AS TO ATTORNEY FEES
NOTICE OF FILING:
#'NJtBrr "b
AFFO AS TO ATTORNEYS FEES
MOTION:
TO SET ASIDE REINSTATEMENT OF FORECLOSURE COMPLAINT
ORDER FOR REINSTATEMENT OF CASE BK:27345 PG: 785
DNOl DN02 DN03 DN04 DN05
.,,
I
(Tl

,,
0
::JI
?It
rr1
(""')
0
::•

'
121
06/29/2010
02/02/2010
01/29/2010
01/29/2010
10/29/2009
10/01/2008
09/16/2008
09/16/2008
08/27/2008
08/13/2008
08/13/2008
11/02/2007
11/02/2007
11/02/2007
11/02/2007
11/02/2007
11/02/2007
11/02/2007
10/31/2007
10/30/2007
10/23/2007
10/12/2007
10/02/2007
10/02/2007
10/02/2007
MOTION: a ATY: 67607.
TO REINSTA TTER AS PENDING
6153
NOTICE HEARING-MOTIONS 04/23/2010 lO:OOAM
NOTICE:
OF STATUS
ORDER OF DISMISSAL {F.W.O.P.) BK:27173 PG:3251
DNOl DN02 DN03 DN04 DN05
FWOP NOTICE GENERATED
ORDER:
01/29/2010 3:00 PM
GRANTING MTN TO WITHDRAW AS ATTORNEY
MOTION TO WITHDRAW
NOTICE NOT PROCESSED, CAL FULL 10/01/2008 9:30 AM
MOTION TO WITHDRAW
RECORDED DOCUMENT BK:26534 PG: 755
NOTICE OF DROPPING, JOHN DOE & JANE DOE
NOTICE HEARING-MOTIONS 10/01/2008 9:30AM
SUM RTN NO SVC ON JANE
SUM RTN NO SVC ON JOHN
SERVICE RETURNED
DN04
SERVICE RETURNED
DN03
SERVICE RETURNED
DN02
SERVICE RETURNED
DN05
SERVICE RETURNED
DNOl
ANSWER AND AFFIRMATIVE
DNOl DN05
ANSWER AND AFFIRMATIVE
DN03 DN04
ANSWER
DN02
LIS PENDENS
SUMMONS ISSUED
DOE
DOE
BADGE
BADGE
BADGE
BADGE
BADGE
DEFENSE
DEFENSE
DNOl
COMPLAINT
CIVIL COVER
DN02 DN03 DN04
# 1497 p 10/17/2007
# 1497 p 10/17/2007
# 1442 p 10/11/2007
# 459 p 10/13/2007
# 459 p 10/13/2007
ATTORNEY: 197807
ATTORNEY: 88315
ATTORNEY: 37168
BK:25984 PG:1572
DN05
r
*********************************07/13/2012****12.12.27*************
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122

(/fc_>I -
  WASHINGTONMUTUAL,BANK,
Plaintiff,
vs.
LESZEK LADOWSKI, et al,
Defendants.

f;'a
v
IN THE CIRCUIT COURT OF THE

RECORDED
I !TH JUDICIAL CIRCUIT, IN AND FOR
DADE COUNTY, FLORIDA
CIVIL DIVISION 10
CASE NO.: 07-33380 CA I 0
r"l r-..J> -,,
ORDERONMOTIONTOREINSTATEMATTERASPENDING ;: : .. ·
having come before the Court on Plaintiff's Motion to Reinstate Matter as Jii
Court being fully advised in the premises, it is hereby:
ORDERED AND ADJUDGED that:
l. The above styled Circuit Civil Case is hereby Reinstated as Pending.
2. Plaintiff is hereby allowed to proceed with its Foreclosure Action.
N
rsr:- u:> =c
:o:J
<D __ :.: =: ..
<!>
N
JUN 2 9 zmo (Jl
DONE AND ORDERED in Chambers at Miami, Dade County, E rida, this ____ day of __ _
___ ,2010.
Copies to:
Law Office of Marshall C. Watson
1800 NW 49ch Street, Suite 120
Fort Lauderdale, Florida 33309
Telephone: (954) 453-0365
Facsimile: (954) 771-6052
Toll Free: 1-800-441-2438
MAILING LIST
LESZEK LADOWSKI
814! SOUTHWEST 170THTERRACE
MIAMI, FL 33157
JUAN SANCHEZ, ESQ.
_t..ctin9
ATTORNEY FOR GROVES AT CUTLER HOMEOWNERS ASSOCIATION, INC.
10251 SUNSET DRIVE, #A-106.
MIAMI,FL33173
JORGE TORRECILLA
6420 SW 105TH CT.,
MIAMI, FL 33173
MAGDALIA TORREECILLA
6420 SW l05TH CT.,
MIAMI, FL 33173
JADWIGA LADOWSKI
8141 SOUTHWEST l70TH TERRACE
MIAMI, FL 33157
07-19992
c-uuJn
1
··Js - I;. .1 d" J \
'I._ J ,: f
,. t
GARITA ESQU\ROZ
MM !IT 11 •[)r.F
CIRCI
123
,.


IN THE CIRCUIT COURT OF THE l lTH JUDICIAL CIRCUIT IN AND FOR MIAMI
DADE COUNTY, FLORIDA :::
CIVIL DIVISION
CASE NO.: 07-33380 ca 10
WASHINGTON MUTUAL BANK,
Plaintiff,
:··;
c
c:
. g ~ ~   : :
~ "->
"'
-vs-
MOTION TO SET ASIDE REINSTATEMENT
OF FORECLOSURE COMPLAINT
LESZEK LADOWSKl and
JADWIGA LADOWSKI
Defendants.
The Defendants, LESZEK LADOWSKI and JADWIGA LADOWSKI, file this Motion
to Set aside Reinstatement of Foreclosure Complaint for the following reasons:
l. That on January 29, 2010, this case was dismissed for lack of prosecution.
2. The Law Firm of Marshall C. Watson who represents the bank Washington Mutual, never
did anything to advance the case since August, 2008.
3. After over a year of no activity, this Court issued a Notice of Intent to Dismiss for Lack
of Prosecution in October 29, 2009.
4. The attorneys for Washington Mutual did absolutely nothing again, failing to file a
Statement of Good Cause or to file any pleading even though the court gave them an
additional three months before the hearing to dismiss.
5. At ihe hearing on January 29, 2010 an attorney for the bank was present and argued
against the dismissal.
6. The judge dismissed the case after hearing the same things that were put in the Ex Parte
JL L l
124

a


Motion to Reinstate because it was not excusable to fail to respond after the court gave
them three months of notice.
7. Six months after the case was dismissed for lack of prosecution, the office of Marshall C.
Watson went to court ex parte and never sent us a notice of hearing and got an order to
reinstatement our foreclosure case as pending.
8. There is a total lack of consideration for the rules and procedure by not giving notice to
the defendant, doing an ex parte hearing, and reinstating the case six months after it was
dismissed even though there is not new information no new reason and no basis for
reinstating the case.
9. Due to all of the above reasons we request for a hearing to allow us to object and argue
against the Motion to Reinstate Matter as Pending and set aside the order reinstating the
case.
The Defendants, LESZEK LADOWSKI and JADWIGA LADOWSKI, moves this Court
for an order setting aside the court's order to Reinstating this Matter.
A copy was mailed on July 6, 2010 to: Law Office of Marshall C. Watson, 1800 N. W.
49lh Street, Suite 120, Ft. Lauderdale, Florida 33309, Juan Sanchez, Esq. 10251 Sunset Drive,
#A-106, Miami, Florida 33173, Jorge and Magdalia Torrecilla,6420 S. W. 105'h Ct., Miami,
Florida 33173.
LESZEK LAb9WSKI
  Q.
(
125
,'

WASHINGTON MUTAL BANK
Plaintiff( s ).
v.
LESZEK LADOWKI
Defendant( s ).

IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CJRCUIT IN
AND FOR DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
Judicial Section: 10 .
Case No. 07-33380-CA-01   ,.._,
,,r·· .• c;::s
TRIAL DATE: July 23, 2o·tz·· :::::
{NOT SET:)_) , J;S
0

ORDER OF REFERRAL TO MEDl.AJ!ON
O'
Pursuant to Chapter 44 of the Florida Statutes, Rules 1.700-1.760 F.R.Civ.P., and
Administrative Order No. 92-39 (entered in Case No. 92-1 ), the above styled cause is hereby
referred to mediation:
( 1) Within fifteen days (ten days plus an additional five days for mailing) of this Order of
Referral, the parties may mutually agree upon the designation of any certified mediator of their
choice. If able to agree, the plaintiff or petitioner shall, within the time period set forth above, file
with the Clerk of the Court, and serve upon the parties, the agreed upon mediator, the
Mediation/Arbitration Division of the 11th Judicial Circuit (address: 73 West Flagler Street, Room
1801, Miami, Florida 33130; telephone: (305) 349-7328), and the trial Judge's Judicial Assistant,
a "Notice of Stipulation of Mediator" which shall identify the name, address, and telephone
number of the mediator agreed upon. Upon filing the "Notice of Stipulation of Mediator", said
Mediator shall be deemed designated to mediate without further Order of Court.
(2) In the event the parties are unable to agree upon the selection of a mediator within
the specified period, he laintiff or petitioner shall make a "Request for Appointment of
Mediator'' from the Me 1a mn 1v1s1on w1 in ive (5) days thereafter, certifying that
notwithstanding a good faith effort to agree, the parties were unsuccessful in so doing and
requesting said Division to select the next available mediator from the rotating list of Certified
Mediators. Said "Request for Appointment of Mediator" shall be filed with the Clerk of the Court
and copies shall be served upon the Mediation Division, all parties, and the trial Judge's Judicial
Assistant. The Division shall make said selection and file with the Clerk of the Court a "Notice of
Designation of Mediator''. The "Request for Appointment" shall be accompanied by a sufficient
number of stamped addressed envelopes in order for the Division to serve the "Notice of
Designation of Mediator" upon the parties, the selected mediator and the trial Judge's Judicial
Assistant. Upon filing of the "Notice of Designation of Mediator", the Mediator selected by the
Division shall be deemed designated to mediate without further order of court.
ORDER OF REFERRAL TO MEDIATION - Case No.: 07-33380-CA-01
Docname: gj_ref_med
Page 1of2
126
• •
3) The appearance of counsel, and each party or representative of each party with
authority to enter into a full and complete c;ompromise and settlement, without further
consultation, is mandatory. If insurance is involved, an adjuster with authority up to the policy
limits or the most recent demand, whichever is lower, shall attend.
(4) The Mediator shall be compensated at a rate of $125.00 per hour (unless otherwise
agreed to by the Mediator and parties), with a two (2) hour minimum, to be divided equally
between all of the parties. This minimum two (2) hour fee shall be paid at least seven (7) days
prior to the scheduled mediation conference, and the balance of the fee, if any, shall be paid at
the conclusion of the conference. Counsel for the respective parties are responsible for financial
arrangements with their clients and timely payment of mediation fees. The mediation conference
shall not exceed (3) three hours, unless the parties otherwise agree and participate longer.
(5) Written notice to the Mediator of any change or cancellation of the scheduled
mediation conference must be given at least 72 hours prior to said conference. Failure to do so
shall result in the imposition of the two (2) hour minimum fee paid by the canceling party to the
Mediator, unless the Court orders otherwise for exceptional circumstances beyond the parties'
control or the Mediator agrees to waive same.
(6) The parties and designated Mediator are ordered and directed to proceed with
mediation in accordance with the Rules of Civil Procedure, which mediation shall be held prior to
commencement of the trial period. If any of the parties fails to comply with the obligations set
forth herein to ensure that mediation is accomplished expeditiously, the Court may, on its own
Motion or on Motion of any party, dismiss the case, strike pleadings, enter default, remove the
case from the trial calendar, or impose any other sanctions that it may deem appropriate under
the circumstances. ,
May, AND ORDERED in Chambers, at Miaf11i, County, this 9th day of
l L-. .'f
PETER R. LOPEZ f · .. / /
CIRCUIT COURT JUDGE   .· (____., ..
Original to Court File
Copies furnished to:
Mediation Division
CHRISTY, Esq.
'e R. Lopez 7/
CIRCUIT COURT
If you are a person with a disability who needs any accommodation to participate in this proceeding, you are entilled,
at no cost to you, to the provision of certain assistance. Please contact the Miami-Dade County Court's ADA
Coordinator at Lawson E. Thomas Courthouse Center, 175 N.W. 1st Ave., Suite 2702, Miami, FL 33128, telephone
numbers (305) 349-7175 for voice or (305) 349-7174 for TDD and 34g_7355 for fax, within two working days of your
receipt of this document TOD users may also call 1-800-955-8771 for the Florida Relay Service.
ORDER OF REFERRAL TO ME.DIATION - Case No.: 07-33380-CA--01
Docname: gj_ref_med
Page 2 of2
127


IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN
AND FOR DADE COUNTY, Ff,.ORIDA

GENERAL JURISDICTION
Judicial Section: 10 ''." :»-:;
Case No. 07-33380-CA-01 -
  0
WASHINGTON MUTAL BANK
NON-JURY TRIAL .,. .


Plaintiff(s),
v.
LESZEK LADOWKI
UNIFORM ORDER SETTING FOR
NON-JURY TRIAL AND
PRE-TRIAL INSTRUCTIONS
Defendant( s ).
THIS CAUSE is set for Non-Jury Trial before the undersigned Judge in his/her Chambers in
the Dade County Courthouse, 73 West Flagler Street, Miami, Florida, for the four (4) week period
commencing July 23, 2012, or as soon thereafter as the same may be heard.
ALL ATTORNEYS, are directed to appear before the undersigned Judge, at the Dade County
Courthouse, for Call of the Calendar at 11:00 AM on Monday, July 16, 2012. All attorneys should
be thoroughly familiar with the cause and prepared to consider and determine such matters as are
set forth in Rule 1.200(b}. Failure to appear as directed or to otheiwise strictly comply with the
terms of this Order may result in sanctions including, dismissing the action, striking the pleadings,
limiting proof or witnesses or taking any other appropriate action. lt is further
ORDERED AND ADJUDGED as follows:
1. The parties shall do all things reasonable and necessary to assure the availability of their
witnesses for the entire trial period or to otheiwise preserve their testimony for trial as provided by
the Florida Rules of Civil Procedure. See Rules 1.300 and 1.460 F.R.Civ.P. and Rule 2.085 of the
Rules of Judicial Administration.
2. The following shall be done no later than forty-five { 45) days prior to the Monday of the
trial period set forth above:
(a) Parties shall furnish opposing counsel with a lf.'ritten list containing tt)e names and
addresses of all witnesses (impeachment, rebuttal or intended to be called at trial and
only those witnesses listed shall be permitted to testify; further, regarding expert testimony, each
party shall furnish all information required by Rule 1.280(b) (4) (A). Each party is limited to one
expert per specialty. No other expert testimony shall be permitted at trial. A written list identifying all
exhibits intended to be offered shall also be furnished to opposing counsel and only those exhibits
may be offered in evidence. Copies of witness and exhibit lists shall be timely filed with the Clerk of
the Court.
(b) All exhibits to be offered in evidence at trial shall be made available to opposing
counsel for examination and initialing during normal business hours.
ORDER SETIING NON-JURY TRIAL AND PRE-TRIAL INSTRUCTIONS - Case No.: 07-33380-CA-01
Oocname: gj_ nonjury
Page 1 of2
128


( c) All plaintiff medical evaluations and other examinations pursuantto Rule 1.360 F.
R. Civ.P. shall have been completed.
3. The following shall be done at least fifteen (15} days prior to the Monday of the trial
period set forth above.
(a) All pre-trial motions, depositions noticed for use at trial and/or discovery matters or
proceedings related thereto shall have been completed. Counsel are admonished to undertake,
initiate and/or complete all discovery in such a manner as to comply with the time limitations
set forth herein. No further discovery procedures or depositions for preservation of
testimony shall be allowed without specific leave of Court or court approved written
agreement of counsel. •
(b) Counsel shall meet with a view toward exhausting all efforts to reach a settlement.
4. Counsel shall immediately notify this Court in the event of settlement and submit a
Stipulation for and Order of Dismissal.
5. In the event the Trial of this matter is continued, then each time limitation and provision
contained above shall apply as to the new trial date. !
I
DONE AND ORDERED in Chambers, at Miami, DadwCounty, Florida, on this 9th day of May,
2012. I ·
I
PETER R LOPEZ
CIRCUIT COURT JUDGE      
il
IT IS HEREBY CERTIFIED that a true copy of this Order was mailed to each attorney of
record and/or party appearing without counsel on the above date, as follows:
Original to Court File
Copies furnished to:
CHRISTY, Esq.
"If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision
of certain assistance. Please contact the Eleventh Judicial Circuit Court's ADA
Coordinator, Lawson E. Thomas Courthouse Center, 175 NW 1•t Ave., Suite
2702, Miami, FL 33128, Telephone (305) 349-7175; TDD (305) 349-7174, Fax
(305) 349-7355 at least 7 days before your scheduled court appearance, or
immediately upon receiving this notification if the time before the scheduled
appearance is less than 7 days; if you are hearing or voice impaired, call 711."
ORDER SETTING NON-JURY TRIAL AND PRE-TRIAL INSTRUCTIONS - Case No.: 07-33380-CA-01
Docname: gj_ nonjury
Page 2 of 2
129

\X ASHINGTON MUTUAL M.NK,
Pl 1intiff,
Vi
L LADOWSKI, et al,
D !fendants.

IN THE CIRCUIT COURT OF THE
11TH JUDlCIAL CIRCUIT, IN AND
FOR :MI.AMI-DADE COUNTY,
FLORIDA
CIVIL DIVISION:
CASE NO.: 07-33380 CA 10
PLAINTIFF'S WITNESS AND EXHIBIT LIST
PLAINTIFF, JPMORGAN CH.ASE BANK, NATIONAL ASSOCIATION, ("Plaintiff'),
by tn through the undersigned counsel, hereby files its Witness and Exhibit List identifying the
  foll iwing persons as potential witnesses and documents as exhibits:
WITNESS LIST
1. All parties in the instant action;
2. Records Custodians;
3. Corporate Representative of the Plaintiff, including, but not limited to the following
Liti ;ation Specialist for Plaintiff: Leticia Companioni and David Endara.
4. Any and all witnesses disclosed by any other party, without waiver of any objections by
Plai itiff as to any other party's listing of same;
5. Any witnesses identified during discovery on any document offered into evidence or
pro luced in discovery, without waiver of any objections by Plaintiff as to any other party's listing of
sarr
6. Any witness identified in any deposition taken in this matter, without waiver of any
obj· ctions by Plaintiff as to any other party's listing of same; and
7. Any newly discovered witnesses.
07-: 9992
119
130


EXHIBIT LIST
1. Pleadings;
2. Payment history for subject Mortgage;
3. Correspondence between the parties;
4. Original Promissory Note and Mortgage;
5. Documents regarding any advances made under the subject Morrgage.
6. J\!l documents to be disclosed in the discovery process;
7. Notice of Default correspondence; and
8. Any newly discovered Exhibits.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was provided via U.S.
Mm! to the parties on the attached mailing list day of __     2012.
07-: 9992
Law Offices of Marshall C. Watson, P.A.
Attorneys for Plaintiff
1800 NW 49th Street, Suite 120
Fort Lauderdale, Florida 33309
Telephone: (954) 453-0365
Facsimile: .··· (S66)-651-6098
Toll Free: ];l- 1-243
By:
120
-1 '
Kristen Rosenthal, Esq.
Florida Bar Number: 316880
£'HJ181 r /:# 11
131
)
Managing Attorney
Marshall C. Watson
Associate Attorneys
Bouavone Amphone
Kathleen Angione
  a t r i c i a ~ Arango
Anissa Bolton
L2ura M. Carbo
Linda Chdvam
Caryn A. Graham
Of Counsel
John A. Watson
October I, 2007

LAW OFFICES
OF MARSHALL C. WATSON
1800 NORTH WEST 49TH STREET, SUITE #120
FORT LAUDERDALE, FLORIDA 33309

fl
.
)
/
Telephone (954) 453-0365
Facsimile (954) 77 Hi052
Associate Attorneys
Sara J. Hovsepian
Tenia Hunter
Scan Moloney
Wm. David Newman, Jr.
Mark Olivera
Christina J. Pryor
Arny 111. Post
Karen A Thompson
Tia Gibbs
Scott R \\'eiss
NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT
15 U.S.C. SECTION 1692, AS AMENDED
RE: Property Address:
Owner:
Mortgagor:
Our File#:
8141SW170TH TERRACE MIAMI, FL 33157
0603251380
LESZEK LADOWSKI AND JADWIGA LADOWSKI
LESZEK LADOWSKl AND JADWIGA LADOWSKI
07-19992
1. The Plaintiff, WASHINGTON MUTUAL BANK, is the creditor to whom the debt is owed by
those individuals who are obligated under the promissory note and mortgage.
2. The debtor may dispute the validity of this debt, or any portion thereof, within 30 days ofreceipt
of this Notice. If the debtor fails to dispute the debt within 30 days, the debt will be assumed valid
by the creditor.
3. If the debtor notifies the creditor's Jaw finn in writing within 30 days from receipt of this notice
that the debt, or any portion thereof, is disputed, the creditor's Jaw fum will obtain verification of
the debt, or a copy of a judgment and a copy of the verification will be mailed to the debtor by the
creditor's law fum. Collection efforts, resulting in additional attorney fees and costs however, will
continue during this 30 day period until this office receives the written request for verification.
4. lfthe creditor named herein is not the original creditor, and if the debtor makes a written request
to the creditor's law firm within 30 days ofreceipt of this Notice, the name and address of the
original creditor will be mailed to the debtor by the creditor's law firm. Collection efforts, resulting
in additional attorney fees and costs however, will continue during this 30 day period until this
office receives the written request for the name and address of the original creditor.
5. As of October 1, 2007, you owe a total amount of$362,906.87 in certified funds. Because of
interest, late charges, 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 adjustment may be
necessary after we receive your certified funds, in which event we will inform you before
depositing the check for collection. For further information, please call J-800-441-2438.
6. Written requests pursuant to this notice should be addressed to FAIR DEBT COLLECTION
CLERK, Marshall C. Watson, P.A.
07-19992
132


7. This communication is for the purpose of collecting a debt, and any information obtained from the
debtor will be used for that purpose.
8. The Law does not require me (the debt collector) to wait until the end of the thirty-day period
before suing you (the consumer) to collect this debt. Once a lawsuit is commenced, all judicial
remedies will be zealously pursued and attorney fees and costs, which you may be responsible for,
in whole or in part, will be incurred. If, however, you request proof of the debt or the name and
address of the original creditor within the thirty-day period which begins with your receipt of this
letter, the law requires me to suspend my efforts {through litigation or otherwise) to collect the
debt witil I mail the requested information to you. Once the requested information is mailed to you
litigation efforts will resume.
9. Even though you are required to file a response to the lawsuit prior to the thirty {30) days, your
validation rights, as set forth in this notice, shall not expire for thirty {30) days.
07-19992
133

WASHINGTON MUTUAL BANK,
Plaintiff,
vs.
LESZEK LADOWSKI, et al,
Defendants.

IN THE CIRCUIT COURT OF THE
11 TH JUDICIAL CIRCUIT, IN AND
FOR MIAMI-DADE COUNTY,
FLORIDA
CIVIL DIVISION:
CASE NO.: 07-33380 CA 10
PLAINTIFF'S AMENDED WITNESS AND EXHIBIT LIST
.. \
( .
PLAINTIFF, JPMORGAN CHASE BANK, NATIONAL ASSOCIATIONi f'.Plaintifff'), :::;
by an through the undersigned counsel, hereby files its Amended Witness and .  
···1 ::::::;
identifying the following persons as potential witnesses and documents as exhibits:
WITNESS LIST
1. All parties in the instant action;
2. Records Custodians;
3. Corporate Representative of the Plaintiff, including, but not limited to the following
Litigation Specialist for Plaintiff: Rosemary Marin, Marilyn Lea, Peter Katsikas, Leticia Companioni
and David Endara.
4. Any and all witnesses disdlosed by any other party, without waiver of any objections by
Plaintiff as to any other party's listing of same;
5. Any witnesses identified during discovery on any document offered into evidence or
produced in discovery, without waiver of any objections by Plaintiff as to any other party's listing of
same;
6. Any witness identified in any deposition taken in this matter, without waiver of any
objections by Plaintiff as to any other party's listing of same; and
7. Any newly discovered witnesses.
07-19992
134


EXHIBIT LIST
1. Pleadings;
2. Payment history for subject Mortgage;
3. Correspondence between the parties;
4. Original Promissory Note and Mortgage;
5. Documents regarding any advances made under the subject Mortgage.
6. All documents to be disclosed in the discovery process;
7. Notice of Default correspondence; and
8. Any newly discovered Exhibits.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of th
Mail to the parties on the attached mailing list this }LJS-day of_,____,. __ -!.'----' 2012.
07-19992
Law Offices of Marshall C. Watson, P.A.
Attorneys for Plaintiff
1800 NW 49th Street, Suite 120
Fort Lauderdale, Florida 33309
Telephone: (954) 453-0365
Facsimile: (86 -6098
Toll Free:
By:
Kristen Rosenthal, Esq.
Florida Bar Number: 316880
135

..
Case No: 07-33380 CA 10
LESZEK LADOWSKI
8141SOUTHWEST170TH TERRACE
MIAMI, FL 33157

MAILING LIST
JUAN SANCHEZ, ESQ.
ATTORNEY FOR GROVES AT CUTLER HOMEOWNERS ASSOCIATION, INC.
10251 SUNSET DRIVE, #A-106
MIAMI, FL 33173
JOHN DOE
8141SOUTHWEST170TH TERRACE
MIAMI, FL 33157
JANE DOE
8141 SOUTHWEST 170TH TERRACE
MIAMI, FL 33157
JORGE L. PIEDRA, ESQ.
ATTORNEY FOR JORGE TORRECILLA
2950 SW 27TH AVENUE, SUITE 300
MIAMI, FL 33133
JADWIGA LADOWSKI
8141 SOUTHWEST 170TH TERRACE
MIAMI, FL 33157
JORGE L. PIEDRA, ESQ.
ATTORNEY FOR MAGDALIA TORREECILLA
2950 SW 27TH A VENUE, SUITE 300
MIAMI, FL 33133
UNKNOWN TENANT(S)
8141SW170TH TERRACE MIAMI FL
MIAMI, FL 33157
07-19992
136


IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
c
..-
WASHINGTON MUTUAL BANK
CASE NO: 2007-33380-CA-01
""
"-,:;

-" ..
vs.

;::: -,.'

f'-,ll '1
'- r-
e::
r-
N
w
LESZEK LADOWSKI

0
   
I
•.

/ .-::".\
ORDER VACATING FORECLOSURE UNIFORM ORDER SETTING TRIAL DATE FOR Jul Y 27, 2012
THIS COURT hereby vacates the Foreclosure Uniform Order setting this cause for trial on July 27, 2012.
The trial is hereby cancelled and the case shall be removed from the foreclosure trial docket. Plaintiff's counsel is
hereby directed to do the following:
1. Provide to the Court at Dade County Courthouse, 73 W. Flagler St., Room# 900, Miami FL 33130:
a. A current accurate service list, including the Plaintiff's counsel
b. Stamped, addressed Mailing envelopes for the entire service list, with the case number indicated
on the face of the envelope
c. Delivered to the Court within 15 days.
d. Do not deliver these items to the Clerk of Courts. Please deliver them directly to Room 900.
e. Please deliver these items as soon as they are ready. Do not wait until the deadline to
deliver your entire set.
Done and Ordered at Miami, Miami-Dade County, Florida on JULY 19, 2012.
Copies to:
CIRCUIT COURT JUDGE
FORECLOSURE TRIAL CALENDAR
137
..
..

WASHINGTON MUTUAL BANK,
Plaintiff,
vs.
LESZEK LADOWSKI and
JADWIGA LADOWSKI
Defendants.

THE CIRCUIT COURT OF THE 11th
JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CASE NO.: 07-33380 CA 10
DEFENDANT'S NOTICE OF FILING
DEFENDANT, LESZEK LADOWSKI, files with the Court his
ORIGINAL SPECIAL LIMITED DURABLE POWER OF ATTORNEY
1 UJ\2.
D te
page one of two pages
138
. '


CERTIFICATION
I, Leszek Ladowski, hereby certify that a copy of this DOCUMENT has been
furnished on July 26, 2012 to the following:
Law Offices of Marshall C. Watson, P.A.
1800 N.W. 49th Street- Suite 120
Ft. Lauderdale, FL 33309
Juan Sanchez, Esq.
Attorney for Groves at
Old Cutler Homeowners Association, Inc.
10251 Sunset Dr. #A-106
Miami, FL 33173
Jorge & Migdalia Torrecilla
6420 S.W. 105th Ct
Miami, FL 33173
July 26, 2012
CERTIFIED MAIL
# ?.otz.-1>1+10  
8141 S. W.170th Terrace
Miami, Florida 33157
Tel: (305) 300-2100
page two of two pages
139
SPECIAL LIMI. DURABLE POWER OF AT.RNEY
I, LESZEK LADOWSKI, mailing address: 8141 S.W.170rn Terrace, Palmetto Bay, FL
33157, properly execute this SPECIAL LIMITED DURABLE POWER OF ATTORNEY, and
hereby grant to STUART ROSS, mailing address: P. 0. Box 450036, Sunrise, Florida 33345-0036
to act as my Agent, and on my behalf in regard to Civil Action Case # 07-33380 CA 10
t-?'
and to make all necessary decisions regarding the above matter and without any liability for an/'
.... )
·.::.f'
acts and/or decisions made by him in good faith.
This SPECIAL LIMITED DURABLE POWER OF ATTORNEY is in conformity with
Florida Statutes 709.2104 and 709.2105.
c

A
IN WITNESS WHEREOF, I have set my ban eal on this 26th day of July, 2012.
STATE OF FLORIDA:
COUNTY OF
BEFORE me personally appeared LESZEK LADOWSKI , who executed on the 26TH DAY
of July 2012, this SPECIAL LIMITED DURABLE POWER OF ATTORNEY, for the
purposes herein specified.
WITNESS MY HAND AND SEAL this 26th day of July 2012.
My commission   \ '.))
1
,-..;2.J'.I \ 5
Identification provided was a current FL Drivers License
GEETA D. SAWANT
Notary Public. State of Florida
Commission# EE 130058
My comm. Sept 13. 2015
140
I

WASHINGTON MUTUAL BANK,
Plaintiff,
vs.
LESZEK LADOWSKI and
JADWIGA LADOWSKI
Defendants.
I
--------------

THE CIRCUIT COURT OF THE 11th
JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CASE NO.: 07-33380 CA lO
DEFENDANT'S NOTICE OF FILING
DEFENDANT, JADWIGA LADOWSKI, files with the Court her
ORIGINAL SPECIAL LIMITED DURABLE POWER OF ATTORNEY
01,.l6-IZ-
»ate
page one of two pages 141
• •
CERTIFICATION
I, Jadwiga Ladowski, hereby certify that a copy of this DOCUMENT has been
furnished on July 26, 2012 to the following:
Law Offices of Marshall C. Watson, P.A.
1800 N.W. 49th Street - Suite 120
Ft. Lauderdale, FL 33309
Juan Sanchez, Esq.
Attorney for Groves at
Old Cutler Homeowners Association, Inc.
10251 Sunset Dr. #A-106
Miami, FL 33173
Jorge & Migdalia Torrecilla
6420 S.W. 105th Ct
Miami, FL 33173
July 26, 2012
CERTIFIED MAIL
# 701Y'o410 r1£jz.b3
 
JA! WIGAADOWSKI
8141 S. W. 170th Terrace
Miami, Florida 33157
Tel: (305) 300-2100
page two of two pages
142


;
SPECIAL LIMITED DURABLE POWER OF ATTORNEY
I, JADWIGA LADOWSKI, mailing address: 8141 S.W.170™ Terrace, Palmetto Bay, FL
33157, properly execute this SPECIAL LIMITED DURABLE POWER OF ATTORNEY, and
hereby grant to STUART ROSS, mailing address: P. 0. Box 450036, Sunrise, Florida 33345-0036
to act as my Agent, and on my behalf in regard to Civil Action Case # 07-33380 CA 10
and to make all necessary decisions regarding the above matter and without any liability for any
acts and/or decisions made by him in good faith.
This SPECIAL LIMITED DURABLE POWER OF ATTORNEY is in conformity with
Florida Statutes 709.2104 and 709.2105. 1\ ( t r l
-l Q. !ht \' Q., J- a, \.o r .
IN WITNESS WHEREOF, I have set my hand and seal on this 26th day of July, 2012. r-:>

STATE OF FLORIDA:
COUNTY OF MIA
Address __;,_;:::......::........,__=--=-:...-.+'::::......:::'----1>""
Witness signature: __ tJ_!y __ ----'t_0/l_' _________ _
Name !-.),\\)
Address 17 f? r s o-Vlf'L
ACKNOWLEDGMENT
<
  ...
-
>.'.l
!'fl
BEFORE me personally appeared JADWIGA LADOWSKI , who executed on the 26™ DAY
of July 2012, this SPECIAL LIMITED DURABLE POWER OF ATTORNEY, for the
purposes herein specified.
WITNESS MY HAND AND SEAL this 26th day of July 2012.

   
My commission \ ' d 0 \ S NOTARY PUBLIC
Identification provided was a current FL Drivers License
GEETA D. SAWANT
Notary Public. State of Florida
commission# EE 130058
My comm expires Sept. 13. 2015
143
' .
... _


THE CIRCUIT COURT OF THE 11th
JUDICIAL CIRCUIT IN AND FO!\_ ,,,._
MIAMI-DADE COUNTY, -1c;.:
' ''/'.

\ ,
,.,:,
CASE NO.: 07-33380 CA 10 , <f' WASHINGTON MUTUAL BANK,
Plaintiff,
,.,.(')
   
,,,,..,,

vs.
LESZEK LADOWSKI and
JADWIGA LADOWSKI
Defendants.
I

DEFENDANT'S TWO (2) AMENDED ANSWERS
AND
MOTION FOR APPLICABLE LEA VE OF COURT
DEFENDANT, LESZEK LADOWSKI, (hereinafter "DEFENDANT") serves
DEFENDANT'S (2) AMENDED ANSWERS AND MOTION FOR APPLICABLE LEAVE
OF COURT per FRCP 1.190, and as grounds states the following:
1) At the time the Complaint was filed, Plaintiff knew or should have known
that WASHINGTON MUTUAL BANK was not the same entity as WASHINGTON
MUTUAL BANK, FA, A FEDERAL ASSOCIATION, since the Assignment of Mortgage
was totally prepared by the law offices of Marshall C. Watson, the attorneys representing
the Plaintiff. Furthermore, to prove the FRAUD involved in the law offices of Marshall
C. Watson, the same named employee indicated on the Complaint also prepared the
Assignment of Mortgage. This is not even the case of the "left hand" not knowing what the
"right hand" is doing-it is the same person!! WASHINGTON MUTUAL BANK, FA, A
FEDERAL ASSOCIATION, was the original mortgagor effective October 25, F2.
page one of three pages

144

• 2) Plaintiff, WASHINGTON MUTUAL BANK did not own the Mortgage and
Note until the date of transfer, November 13, 2007, which is FORTY TWO (42) days after
this foreclosure was filed. EXHIBIT # 1 is herewith attached.
3) Therefore, Defendant, is AMENDING the answers to questions numbered
three (3) and thirteen (13) to indicate that Plaintiff is not the owner of "said" note, and
requests LEA VE OF COURT, as required under FRCP 1.190.
WHEREFORE, the Defendant, based on the stated, documented facts and
EXHIBIT "1" attached hereto, requests the Actions stated above.
July 26, 2012
Respectfully submitted,
LESZE L OWSKI
8141 S. W.170TH Terrace
Miami, Florida 33157
Tel: (305) 300-2100
page two of three pages
145
..


CERTIFICATION
I, Leszek Ladowski, hereby certify that a copy of this Document has been furnished
on July 26, 2012 to the following:
Law Offices of Marshall C. Watson, P.A.
1800 N.W. 49th Street - Suite 120
Ft. Lauderdale, FL 33309
Juan Sanchez, Esq.
Attorney for Groves at
Old Cutler Homeowners Association, Inc.
10251 Sunset Dr. #A-106
Miami, FL 33173
Jorge & Migdalia Torrecilla
6420 S.W. 105th Ct
Miami, FL 33173
July 26, 2012
CERTIFIED MAIL  
# 7" I ;J... 114--70 ,IMOO t';o:,s az+'J
8141 S. W. 1 0th Terrace
Miami, Florida 33157
Tel: (305) 300-2100
page three of three pages
146
.
..

Teuia Hllnlcr, Esquire
Rcconl &RelDm to: Law Office ofMBBhall C. Walson
RECORD AND---?-
RETURN TO
1800 NW 49"' Stteer, SUi1e 120
Fori Laudadale. 33309
Telephone: {!ISi) 453-0365
Faesffn!P:: (9S4} 771-6052
]

I llllll lllll llHfllllllllil lliU !ilii illi IOI -
CFN 2007R1184636
DR &k 26107 P, ''""'
RECDRDEI> 12/H/2•)•)? '!'\' 'l<'•jl
llMVEY RUVl!lr CLERY ['I"  
llIA111-DADE COUlfff, r: ,,,,,_.,
LAST PAGE
l.OT43,INBLOCKl,OFGROVESATOLDCllTLER,ACCORDJNCTOTHEPLAT
THEREOF,ASRECORDEDINPLATBOOKJ46,ATPAGE60,0FTHEPUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
together with the note and C3Ch and every Olher obligation described in said mongage ud the money due and ro
become due thc:rcon
TO HA VE AND TO HOLD rhe same uq1r the said assignee. its successors and assigns forever. but: wirhour rccoul'Se
on lheundcrsigned.. d'fec.livc as of LL 1?'2. ::XOct=f= . 'ti::-----------------------
111 Wirnus ll'her<of, &he said Assignor has hereunto Kt bis hand and SQf or lhcsc: presents '°,'r.JW by ils
and ils COJpOrate seal to be htrctoaffrxed this LJ day of

PRINTNAM2
PERSON/6 Y APPEAR.ED BllFniZ: lhe • -1 fo.- coun_ty slate, on !his
the day of • Wldun my JUrisdtcbon,. the wilhm named who
acknowJcdged IO me that {s)be is bati
1
fexett and that for-and on behalf of
W:ishinglon Mutual Bank, F2, A J?edml as its act and deed (s)hc executed the above and foregoing
instrument. after firsl h3Ying been duly by Waslliagton Mulua! F:a, A. Feden.1 Asseciation to do so.
JJdV WITNESS my hand and official seal in the Collllty .and Sratc last aforesaid this _f.3__ day of _
___ ,2007.
07-19992 /
SHOUA MOUA
NOiAKf PllliUC·illlllNESOTA
MYCOMIJ:!SSIOM
EXPIRES JAN. 31, 2ll12
147
ONTB

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI DADE COUNTY, FLORIDA
Plaintiff Defendant ; O,ase No.
WASHINGTON MUTUAL BANK LESZEK LADOWSKI
c, "-='
FORECLOSURE UNIFORM ORDER ['.,
SETTING CAUSE FOR NON-JURY TRIAL, and E .•· 1 ., ,
TRIAL INSTRUCTIONS : §={
:::: ......' -0 ,\
ATTORNEY TRYING CASE MUST APPEAR. If unrepresented, the party must  
TO APPEAR WILL RESULT IN STRIKING OF PLEADINGS, AND DISMISSAL OF CASE ENTRY
OF DEFAULT. THE COURT ALSO HEREBY NOTICES THE TIME OF .
THIS CAUSE is set for Non-Jury Trial before presiding Judge in Courtroom 3-1 of the Miami-Dade
County Courthouse, 73 West Flagler Street, Miami, Florida 33130, commencing Friday,
September 21, 2012 9:30 AM or as soon thereafter as the same may be heard.
NO MOTIONS FOR CONTINUANCE WILL BE HEARD AT TRIAL
All attorneys should be thoroughly familiar with the cause and prepared to consider and
determine such matters as are set forth in Rule 1.200, Fla. R. Civ. P. (2010). Accordingly, said notice
further constitutes your notice of pretrial and case management conference. Failure to appear as
directed or to otherwise strictly comply with the terms of this Order may result in sanctions
including, dismissing the action, striking the pleadings, limiting proof or witnesses or taking
any other appropriate action. It is further
ORDERED AND ADJUDGED as follows:
1. The parties shall do all things reasonable and necessary to assure the availability of their
witnesses for the entire trial period or to otherwise preserve their testimony for trial as provided
by the Florida Rules of Civil Procedure. See Rule 1.300.
2. The following shall be done no later than TWENTY (20) days prior to trial date set forth above:
(a) Parties shall furnish opposing counsel with the names and addresses of all
expert witnesses to be called at trial and all information regarding expert testimony that is
required by Rule 1.280(4)(A). Each party is limited to one expert per specialty. No other expert
testimony shall be permitted at trial. Information furnished pursuant to this paragraph shall be
timely filed with the Clerk of the Court.
(b) All exhibits to be offered in evidence at trial shall be made available to opposing
counsel for examination and initialing.
3. The following shall be done no later than FIFTEEN (15) days prior to the trial date set forth
above:
(a) Parties shall furnish opposing counsel with a written list containing the names
and addresses of all non-expert witnesses (impeachment, rebuttal or otherwise) intended to be
called at trial and only those witnesses listed shall be permitted to testify. A written list
identifying all exhibits intended to be offered shall also be furnished to opposing counsel and
148


only those exhibits may be offered in evidence. Copies of witness and exhibit lists shall be
timely filed with the Clerk of the Court.
(b) All pre-trial motions, depositions noticed for use at trial and/or discovery matters
or proceedings related thereto shall have been completed. Attorneys are admonished to
undertake, initiate, and/or complete all discovery in such a manner as to comply with the
time limitations set forth herein. No further discovery procedures or depositions for
preservation of testimony shall be allowed without specific leave of Court or Court-
approved written agreement of counsel.
(c) Counsel shall meet with a view toward exhausting all efforts to reach a
settlement.
4. Counsel shall immediately notify this Court in the event of settlement and submit a Stipulation
for and Order of Dismissal. Counsel shall also notify the Court of any pending hearings that will
be canceled as a result of the settlement.
5. In the event the Trial of this matter is continued, then each time limitation and provision
contained above shall apply as to the new trial date.
DONE AND ORDERED this 31 day of July, 2012.
ORIGINAL
JUDGE PETER R. LOPEZ
Circuit Court Judge
Original Order signed by Judge is on file with the Clerk's office.
Electronic copy furnished to any below listed recipient(s) by facsimile whose facsimile number(s) is/are
CORRECTLY FORMATTED and listed herein
Served upon:
Attached service list
If you are a person with a disability who needs any accommodation to participate in
this proceeding, you are entitled, at no cost to you, to the provision of certain
assistance. Please contact the Miami-Dade County Court's ADA Coordinator at
Lawson E. Thomas Courthouse Center, 175 N.W. 1st Ave., Suite 2702, Miami, FL
33128, telephone numbers (305) 349-7175 for voice or (305) 349-7174 for TDD and
349-7355 for fax, within two working days of your receipt of this document. If you
are hearing or voice impaired, please call 711 for the Florida Relay Service.
149

WASHINGTON MUTUAL BANK,
Plaintiff,
vs.
LESZEK LADOWSKI, et al,
Defendants.

IN THE CIRCUIT COURT OF THE
11THJUDICIAL CIRCUIT, IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CIVIL DIVISION:
CASE NO.: 07-33380 CA 10
CERTIFICATE OF SERVICE
PLEASE TAKE NOTICE that the Plaintiff, WASHINGTON MUTUAL BANK, attest that the below is the
CURRENT Service List of Defendants on this case matter:
LAW OFFICES OF MARSHALL C. WATSON, P.A.
1800 NW 49rn STREET, SUITE 120
FORT LAUDERDALE, FLORIDA 33309
LESZEK LADOWSKI
8141SOUTHWEST170THTERRACE
MIAMI, FL 33157
JUAN SANCHEZ, ESQ.
ATTORNEY FOR GROVES AT CUTLER HOMEOWNERS ASSOCIATION, INC.
10251 SUNSET DRIVE, #A-106
MIAMI, FL 33173
JORGE L. PIEDRA, ESQ.
ATTORNEY FOR JORGE TORRECILLA
2950 SW 27TH AVENUE, SUITE 300
MIAMI, FL 33133
JADWIGA LADOWSKI
8141SOUTHWEST170THTERRACE
MIAMI, FL 33157
JORGE L. PIEDRA, ESQ.
ATTORNEY FOR MAG DALIA TORREECILLA
2950 SW 27TH A VENUE, SUITE 300
MIAMI, FL 33133
UNKNOWN TENANT(S)
8141 SW 170TH TERRACE MIAMI FL
MIAMI, FL 33157
By regular U.S mail this ____ day of _____ , 2012
07-19992
HARVEY RUVIN
Clerk Of The Circuit Court
By: _____________ _
Deputy Clerk
150
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WASHINGTON MUTUAL BANK,
Plaintiff,
vs.
LESZEK LADOWSKI and
JADWIGA LADOWSKI
Defendants.
e

THE CIRCUIT COURT OF THE 11th
JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CASE NO.: 07-33380CA10
DEFENDANT'S WITNESS AND EXHIBIT LIST
DEFENDANT, LESZEK LADOWSKI, (hereinafter "DEFENDANT") files
DEFENDANT'S WITNESS AND EXHIBIT LIST identifying the following persons as
potential witnesses and documents as exhibits:
I
I
I
I
I
I
I
I
I
I
I
Stuart Ross
P. 0. Box 450036
Sunrise, FL 33345-0t
WITNESS LIST
page one of two pages
151
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EXHIBIT LIST
Any and all documents that directly and/or indirectly have any reference(s)
whatsoever to financial transactions in connection with the mortgage and note signed by
Defendant's on October 25, 2002 including and not limited to Case# 05-02587 and
Case# 07-33380.
September 5, 2012
Respectfu ly submitted
!
LESZEK   ~ W S K I
8141 S. W. 170 Terrace
Miami, Florida 33157
Tel: (305) 300-2100
CERTIFICATION
I, Leszek Ladowski, hereby certify that a copy of this Document has been furnished
on September 5, 2012 to the following:
Law Offices of Marshall C. Watson, P.A.
1800 N.W. 49th Street - Suite 120
Ft. Lauderdale, FL 33309
Juan Sanchez, Esq.
Attorney for Groves at
Old Cutler Homeowners Association, Inc.
10251 Sunset Dr. #A-106
Miami, FL 33173
Jorge & Migdalia Torrecilla
6420 S.W. 105th Ct
Miami, FL 33173
September 5, 2012
CERTIFIED MAIL
# 7012 0470 0000 8883 8716
CERTIFIED MAIL
# 7012 0470 0000 8883 8723
CERTIFIED MAIL
# 7012 0470 0000 8883 8747
8141 S. W. 170th Terrace
Miami, Florida 33157
Tel: (305) 300-2100
page two of two pages
152
'
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WASHINGTON MUTUAL BANK,
Plaintiff,
vs.
LESZEK LADOWSKI and
JADWIGA LADOWSKI
Defendants.
I
--------------


THE cmCUIT COURT OF THE 11th
JUDICIAL cmCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CASE NO.: 07-33380 CA 10
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1) DEFENDANT'S VERIFIED MOTION FOR SUMMARY JUDGMENT
AGAINST PLAINTIFF
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2) DEFENDANT'S VERIFIED MOTION FOR SANCTIONS AGAINST PLAINTIFF
FOR:
SEVEN (7) COUNTS OF FRAUD
WASHINGTON MUTUAL BANK DID NOT OWN AND HA VE POSSESSION OF THE
NOTE AT THE TIME THE COMPLAINT WAS FILED
WASHINGTON MUTUAL BANK along with the
LAW OFFICES OF MARSHALL C. WATSON, P.A.,
ARE ACTING IN A JOINT CONSPIRACY TO COMMIT FRAUD
ON THE COURT AND THE DEFENDAN
page one of eight pages
153
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DEFENDANT, LESZEK LADOWSKI, (hereinafter "DEFENDANT") serves
DEFENDANT'S VERIFIED DOUBLE MOTION(S), and as grounds for this
VERIFIED DOUBLE MOTION, states the following:
FRAUD COUNT# 1
1. WASHING TON MUTUAL BANK is not the same entity as WASHINGTON
MUTUAL BANK, FA, A FEDERAL ASSOCIATION. WASHINGTON MUTUAL
BANK, FA, A FEDERAL ASSOCIATION, was the original mortgagor effective
October 25, 2002.
2. Plaintiff, WASHINGTON MUTUAL BANK did not own the Mortgage and Note
until the date of transfer, November 13, 2007.
EXHIBIT# 1
EXHIBIT#2
EXHIBIT#3
3. The Law Offices of Marshall C. Watson P.A. committed FRAUD because they
transferred the Mortgage and Note on November 13, 2007, which is FORTY TWO
( 42) days after this foreclosure was filed.
EXHIBIT# 1
4. As indicated in the official records, this foreclosure was filed on October 2, 2007
therefore Washington Mutual Bank could NOT be the Plaintiff in any foreclosure
action, because they did NOT own and hold the Note at the time this foreclosure was filed.
WHIBIT#l
page two of eight pages
154
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5. Therefore based on the Official District Court Decision, attached hereto, this
foreclosure should receive a Summary Judgment Court Decision, as the Plaintiff did not
have any standing when this foreclosure was filed. Also note that the District Court
Decision was also based on a foreclosure filed by Chase.
EXHIBIT#4
FRAUD COUNT# 2
1) The Law Offices of Marshall C. Watson P.A. filed supposedly on June 23, 2010
(by their certification of page 2) their Motion titled:
EXPARTE MOTION TO REINSTATE MATTER AS PENDING
EXHIBIT#5
2) A official copy of the CASE INFORMATION DOCKET from the Circuit Court
of Miami-Dade County dated July 13, 2012 is attached. This official copy does not indicate
any NOTICE OF HEARING for the above MOTION.
EXHIBIT#6
3) However at appears that The Law Offices of Marshall C. Watson P.A. removed
the word "EXP ARTE" rather than indicating an "EXP ARTE" ORDER, and, presented
Honorable Judge Stuart Simons with an "ORDER" for his signature indicating a
Court Hearing that never OCCURRED.
page three of eight pages
155
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4) Undisputed "crystal clear like glass" evidence of this willful, intentional, and
Fraudulent Act is supported and documented by the following facts:
a) The EXPARTE MOTION was clocked in the Court on June 29, 2010,
at 6:25 p.m., EST.
EXHIBIT#5
b) Simultaneously less than sixty (60) seconds later the ORDER referenced
above without the word "EXP ARTE" was docketed into the Official Court Records also
on June 29, 2010 at 6:25 p.m., EST.
c) This was probably the shortest Court Hearing in the Official Ripley's
Believe It Or Not Records -less than sixty (60) seconds.
EXHIBIT#7
d) This is another "crystal clear like glass" attempt from of The Law Offices
of Marshall C. Watson P.A. to defraud the Court and Defendant by any possible legal
manipulative actions.
e) All judges rely on the integrity and honesty of the attorneys practicing
before the Honorable Court as Officers of the Court not to commit FRAUD.
FRAUD COUNT# 3
1) On July 6, 2010 Defendant filed, MOTION TO SET ASIDE REINSTATEMENT
OF FORECLOSURE COMPLAINT. To this date, approximately seven hundred forty two
(742) days after officially filing this Motion with the Court, my motion has not been
heard by the Court.
page four of eight pages
156
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2) The Law Offices of Marshall C. Watson P.A. have not informed the Honorable
Court that my Motion has been "sitting there" without a Hearing for approximately seven
hundred forty two (742) days before attempting to move this case forward to a "final
hearing trial."
FRAUD COUNT# 4
1) On May 9, 2012 honorable Circuit Court Judge PETER R. LOPEZ signed an
order approving mediation.
EXHIBIT#9
2) However, The Law Offices of Marshall C. Watson P.A., apparently decided that
they didn't want to participate in mediation; therefore, they did not comply with the
requirements fully described in the Order of Referral for Mediation (specifically as the
"plaintiff'' to notify the Court of the status of Mediation). They knew that the Court would
schedule a non-jury trial because of their non-participation as required by the Order of the
Court.
EXHIBIT#9
3) It is clearly documented again by the inaction of The Law Offices of Marshall C.
Watson P.A., they wanted to deprive Defendant of his right to mediation knowing that the
Court would subsequently schedule a non-jury trial in accordance with their inaction of the
Mediation Order requirements.
page five of eight pages
157
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• FRAUD COUNT# 5
e

4) The Law Offices of Marshall C. Watson P.A filed their PLAINTIFF'S
WITNESS AND EXHIBIT LIST on June 11, 2012.
5) If you examine the above document filed by The Law Offices of Marshall C.
Watson P.A, you will easily see "crystal clear like glass", that NO NAMES OF PEOPLE
and/or NAMES OF SPECIFIC DOCUMENTS are indicated. This is another act of
intentional FRAUD for them to attempt any type of substitution either people and/or
documents without the defendant having a "good faith" opportunity to examine the person
and/or document that could be introduced.
EXHIBIT#ll
6) The order from the court (Exhibit # 10) states, "The following shall be done no
later than forty-five (45) days prior to the Monday of the trial period set for above •.. "
7) Obviously their lack of action(s) of compliance with any Order of the Court is
not of any concern to them because of their continued acts of FRAUD.
8) It is very obvious that by having a formal final hearing scheduled for
July 27, 2012, the Defendant could not have the opportunity to examine anyone or anything
since they are not specifically identified as required by the Order of the Court. This is
another act of FRAUD committed by The Law Offices of Marshall C. Watson P.A.
FRAUD COUNT# 6
The Court required NOTARIZED AFFIDAVITS needed for all financial matters in
connection with a Foreclosure Final Hearing have not been currently filed by The Law
Offices of Marshall C. Watson P.A. Another  
page six of eight pages iv
158
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FRAUD COUNT# 7
e

As required under Federal Law, the FDCPA, as Amended, The Law
Offices of Marshall C. Watson P.A. have committed another act of Fraud by indicating on
October 1, 2007, that "WASHINGTON MUTUAL BANK is the creditor ••.. ".
This Fraudulent Act could possibly be elevated to Federal Charges of Wire and Mail Fraud
because The Law Offices of Marshall C. Watson P.A. know that they are sending a
FRAUDULENT STATEMENT through the US mail
EXHIBIT# 12
WHEREFORE, the Defendant, based on the showing of the above documentary
evidence, requests a SUMMARY JUDGMENT AGAINST THE PLAINTIFF.
In regards to the Defendant's request for Court sanctions, as everybody knows,
The Law Offices of Marshal C. Watson P.A. paid the AG a fine of two million dollars
($2,000,000.00) with a promise to clean up their illegal acts.
As the court can see, their FRAUDULENT ACTS are still continuing. The
Defendant requests the most severe sanctions by the court in attempt to stop the Plaintiff's
continuous FRAUD.
Perhaps a five or ten million dollar ($5,000,000 - $10,000,000) fine would serve as a
great deterrent to eliminate future FRAUD and at this same time would financially help the
Court system.
September 5, 2012
Respectfully submitted
-----
LESZ LX OWSKI
8141 S. . 170rn Terrace
Miami, Florida 33157
Tel: (305) 300-2100
page seven of eight pages 159
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FRCP 1.llO(b) VERIFICATION
UNDER PENALTY OF PERJURY, I declare that I the foregoing and
that the facts alleged therein are true and corrct to the b of m knowledge and belief.
September 5, 2012
WSKI
CERTIFICATION
I, Leszek Ladowski, hereby certify that a copy of this MOTION has been furnished
on September 5, 2012 to the following:
Law Offices of Marshall C. Watson, P.A.
1800 N.W. 49th Street - Suite 120
Ft. Lauderdale, FL 33309
Juan Sanchez, Esq.
Attorney for Groves at
Old Cutler Homeowners Association, Inc.
10251 Sunset Dr. #A-106
Miami, FL 33173
Jorge & Migdalia Torrecilla
6420 S.W. 105th Ct
Miami, FL 33173
September 5, 2012
CERTIFIED MAIL
# 7012 0470 0000 8883 8686
CERTIFIED MAIL
# 7012 0470 0000 8883 8693
CERTIFIED MAIL
# 7012 0470 0000 8883 8709
"
   
8141 S. W. 170th Terrace
Miami, Florida 33157
Tel: (305) 300-2100
page eight of eight pages
160
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Record &Return to: Law Office of Marshal( C. Watsoa
RECORD AND---?-
RETURN TO
1800NW49"'SIR:cl,Silitc 120
Fon Laudadalc, Florida 33309
Telephone; (954) 453--0365
Facsimile; (954)771-6052
KNOW AU MEN BY THESE PRESENTS:
J
e

1111111 fllll JlllHIUUllR lllU !ilil illi Jiif
  at t/tJo£
maw_z._:_;; ;;>IJt:P ___ , fd!._6 . n.rcindesignatcdauhe
assignor. for consideration of the.sum of s{oo Dollar and other good and valuable consideration, the m:cipt of
b • • sen, assign, lm>Sferand';:X,".'unto W
r1ri<:J bereindcsignatcdas lhCassisucc. lhe mcrtg;1ge exe cd by LESZEK LADOWSKI AN
!AD GA LADOWSKI recorded November I, 2082 in Dade County, Florida at Book 20765 and P.ge 4604
encumbering the property more particularly described as follows:
LOT 43, IN BLOCK I, OF GROVES AT OLD CUTLER, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 146.ATPAGE 60, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLOIDDA.
together with the note and ach and every other obligation described in said mongage and the money due and lo
become due thereon
TO HAVE Af'l.'D TO HOLD the same u;•r the its successors and assigns but u.i1!toul recourse
on the undersigned, effccsive 35 of __ /?) _ =4-UfJ+ . <fi::-----------------------
/11 Wirn.css Jf'huco.f. the said Assignor has haeunto set bis hand and seal or these presenlS by irs
and its corponre seat to be hereto affixed lhis LJ day of


PERSONf!!; Y APPEA.RED BEFJLlli: the conn.Cy on rhis
the day of WtthHt my JUrisdJct1on. the WJthm named who
acknowledged to me that (s)hc is lair; I lecolt and that for and on behalf of
Washington Mutu21 B:mk, F2, A Association as 11S act and deed (s)hc executed the above and foJCgoing
instrument. after frrst having been duly :nnborizcd by Washington Mutu:aI F:a, A Feder.ti Assoc::i:atian to do so.
!JN WITNESS my hand and official seal in rbe County and State. last aforesaid this _f3_ day of _
___ ,2007.
07-19992 /
 
S!iOUA MOUA
NOTA!i"f PUBilC • mlllt."ES0171
MY COMM!SSION
EXPIRES JAN. 31, 2012
161
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AFTER RECORDING RETURN TO:
llff.REUK.
20765PG4604
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Washington Mutual Bank, FA
C/O ACS 11.[AGE SOLUTIOllj"S
12691 PALA DRIVE MS156DPCA
GARDEN GROVE, CA 92841
02R6 78284 2002 HOV 01 07: 15
This Instrument Prepared By:
C::::.c,,--J,"IA_ C:: • lqoe 2...
Garcia & Baloyra
DOCSTPNTG 1t260.00 IKTKG 720.00
HARVEY RUlJith C:LERK DADE C:OUNTY, FL
2665 South Bajrshore Drive
Suite 200
Miami, Florida 33133
[Space Above This Line For Recording Data] -----------
GARCIA & BALOYRA TITLE COMP1\NY 021371'
MORTGAGE
03-2265-060325138-0
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are_ defined
in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this
document are also provided in Section 16.
IA} "Security Instrument" means this document, which is dated October 25, 2002
together with all Riders to this document.
(BJ "Borrower"is LESZEK LADOWSKI AND JADWIGA LADOWSKI, HUSBAND AND WIFE.
ortgagor under this Security Instrument.
Washington Mutual Bank. FA. a federal association
Bank organized and existing under the laws of
United States of America Lender's address is:
400 East Main Street Stockton. CA 95290
Lender is the mortgagee under this Security Instrument.
ID) "Note" means the promissory note signed by Borrower and dated October 25. 2002
The Note states that Borrower owes Lender Three Himdred Sixty Thousand & no/Jon
Doliars (U.S. $ 360 ooo. oo } plus interest. Borrower has promised to pay this debt
in regular Periodic Payments and to pay the debt in full not later than November 1 2032
(E) "Property" means the property that is described below under the heading "Transfer of Rights
in the Property." _
(F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment chargesf-and late
charges due under the Note, and all sums due under this Security Instrument, plus interes /"IT
\"'
~ 3 ~ ~ ~ ~ 2   0 1 1 Page 1 of 16
162
Dff.REC.lllt.
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20765PG4605
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03-2265-060325138-0
(GI •Riders· means all Riders to this Security Instrument that are executed by Borrower. The
following Riders are to be executed by Borrower (check box as applicable]:
·. [XI ;;:;; s: 0
O Grai!uate'a'Payment'iilder
D Balloon Rider
o.   -,., · ,
·-- - ..  
D Condominium Rider
D Planned Unit Development Rider
D Rate Improvement Rider
D 1-4 Family Rider
O Biweekly Payment Rider
0 Second Home Rider
(H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulatieas,
ordinances and administrative rules and orders (that have the effect of law) as well as ·all
applicable final, non-appealable judicial opinions.
{I)
0
Community Association Dues, Fees. and Assessments" means all dues, fees, assessments
and other charges that are imposed on Borrower or the Property by a condominium association,
homeowners association or similar organization.
(JI "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated
by check, draft, or similar paper instrument, which is initiated through an electronic terminal,
telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial
institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale
transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers,
and automated clearinghouse transfers.
(K) "Escrow Items" means those items that are described in Section 3.
(L} "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or
proceeds, whether by way of judgment, settlement or otherwise, paid by any third party (other
than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or
destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property;
(iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the
value and/or condition of the Property.
IM} "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or
default on. the Loan.
(N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest
under the Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.)
and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended
from time to time, or any additional or successor legislation or regulation that governs the same
subject matter. As used in this Security Instrument, "RESPA • refers to all requirements and
restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does
not qualify as a "federally related mortgage-Joan" under RESPA.
!Pl "Successor in Interest of Borrower" means any party that has taken title to the Property,
whether or not that party has assumed Borrower's obligations under the Note and/or this Security
Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: {i) the repayment of the Loan, and all renewals,
extensions and modifications of the Note; (ii) the performance of Borrower's covenants and
agreements under this Security Instrument and the Note; and (iii) the performance rll
agreements of Borrower to pay tees and charges arising out of the loan whether or not herei t
forth. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with p er -l..
i J,'
FLORIDA
73213 I02-01J Page 2 of 16
163
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20765P64S·06
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03-2265-060325138-0
of sale, the following described property located in _n ..   ____________ County,
Florida:
LOT 43 IN BLOCK 1 OF THE. GROVES AT OLD COTLER, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 146, AT PAGE 60 OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
which currently has the address   ... 1..___,s"'w"-1._,_1..,o_..TH...__.TE..,,.RRA...,,..,c':!E:t---,,,-------------
IStreetl
______         ______ , Florida
[City]
("Property Address"):
33157
(Zip Code]
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements
and additions shall also be covered by this Security Instrument. All of the foregoing is referred to
in this Security as the "Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed
and has the right to grant and convey the Property and that the Property is unencumbered, except
for encumbrances of record. Borrower warrants and will defend generally the title to the Property
against all claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and
non-uniform covenants with limited variations by jurisdiction to constitute a uniform security
instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges. and Late Charges.
Borrower shall pay when due the.principal of, and interest on, the debt evidenced by the Note and
any prepayment charges and late charges due under the Note. Borrower shall also pay funds for
Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument
shall be made in U.S. currency. However, if any check or other instrument received by Lender as
payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may
require that any or all subsequent payments due under the Note and this Security Instrument be
made in one of more of the following forms, as selected by Lender: (a) cash; (b) money order; tcJ
certified check, bank check, treasurer's check or cashier's cheek, provided any such check is
drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or
entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the
Note or at such other location as niay be designated by Lender in accordance with the notice
provisions in Section 15. Lender may return any payment or partial payment if the payment or
partial payments are insufficient to bring the Loan current. Lender may accept any payment or
partial payment insufficient to bring the Loan current, without waiver of any rights hereundrr
prejudice to its rights to refuse such payment or partial payments in the future. but Lender is not
obligated to apply such payments at the time such payments are accepted. If each Peri ic
HOR1DA
1.:;n3102-on Page 3 of 16
164
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!lff.IR.lj.
ffJ765P64601
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03-2265-060325138-0
Payment is applied as of its scheduled due date, '.then Lender need not pay interest on unapplied
funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan
current. If Borrower does not do so within a reasonable period of time, Lender shall either apply
such funds or return them to Borrower. If not applied earlier, such funds w i t ~ be applied to the
outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim
which Borrower might have now or in the future against Lender shall relieve Borrower from
making payments due under the Note and this Security Instrument or performing the covenants
and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2,
aH payments accepted and applied by Lender shall be applied in the following order of priority: (a)
interest due under the Note; (b) principal due under the Note; {c) amounts due under Section 3.
Such payments shall be applied to each Periodic Payment in the order in which it became due.
Any remaining amounts shall be applied first to late charges, second to any other amounts due
under this Security Instrument, and then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which
includes a sufficient amount to pay any late charge due, the payment may be applied to the
delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender
may apply any payment received from Borrower to the repayment of the Periodic Payments if, and
to the extent that, each payment can be paid in full. To the extent that any excess exists after the
payment is applied to the full payment of one or more Periodic Payments, such excess may be
applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment
charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal
due under the Note shall not extend or postpone the due date, or change the amount, of the
Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are
due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of
amounts due for: (a) taxes and assessments and other items which can attain priority over this
Security Instrument as a lien or encumbrance of the Property; (b) leasehold payments or ground
renis on the Property, if any; (c} premiums for any and all insurance required by Lender under
Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to
Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions
of Section 10. These items are called "Escrow Items." At origination or at any time during the
term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments,
if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item.
Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section.
Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation
to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to
Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In
the event of such waiver, Borrower shall pay directly, when and.where payable, the amounts due
for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender
requires, shall furnish to Lender receipts evidencing such payment within such time period as
Lender may require. Borrower's obligation to make such payments and to provide receipts shall
for all purposes be deemed to be a covenant and agreement contained in this Security Instrument,
as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay
Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due   o r ~
Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrow r
shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revo ! ·1j_
-id-
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the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section
15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that
are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender
to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum
amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the
basis of current data and reasonable estimates of expenditures of future Escrow Items or
otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality. or entity {including Lender. if Lender is an institution whose deposits are so
insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items
no later than the time specified under RESPA. Lender shall not charge Borrower for holding and
applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless
Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a
charge. Unless an agreement is made in writing or Applicable Law requires interest to be·paid on
the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds.
Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds.
Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by
RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall
account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of
Funds held .in escrow, as defined under RESPA, Lender shall notify Borrower as required by
RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in
accordance with RESPA, but in no more than twelve monthly payments. If there is a deficiency of
Funds held in escrow. as defined under RESPA, Lender shall notify Borrower as required by
RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in
accordance with RESPA. but in no more than twelve monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall
promptly refund to Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and
impositions attributable to the Property which can attain priority over this Security Instrument,
leasehold payments or ground rents on the .Property, if any, and Community Association Dues,
Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall
pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument
unless borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a
manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b)
contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings
which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings
are pending, but only until such proceedings are concluded; or (c) secures from the holder of the
lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If
Lender determines that any part of the Property is subject to a lien which can attain priority over
this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of
the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the
Lender may require Borrower to pay a one-time charge for a real estate tax v rification
and/or reporting service used by Lender in connection with this Loan..   ~
actions set forth above in this Section 4. f
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5. Property Insurance. Borrower shall keep the improvements now existing or hereafter
erected on the Property insured against loss by fire, hazards included within the term "extended
coverage," and any other hazards including, but not limited to, earthquakes and floods, for which
Lender requires insurance. This insurance shall be maintained in the amounts (including ·deductible
levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding
sentences can change during the term of the Loan. The insurance carrier providing the insurance
shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which
right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with
this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking
services; or (b) a one-time charge for flood zone determination and certification services and
subsequent charges each time remappings or similar changes occur which reasonably might affect
such determination or certification. Borrower shall also be responsible for the payment of any fees
imposed by the Federal Emergency Management Agency in connection with the review of any
flood zone determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain
insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to
purchase any particular type or amount of coverage. Lender may purchase such insurance from
or through any company acceptable to Lender including, without limitation, an affiliate of Lender,
and Borrower acknowledges and agrees that Lender's affiliate may receive consideration for such
purchase. Therefore, such coverage shall cover Lender, but might or might not protect Borrower,
Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or
liability and might provide greater or lesser coverage than was previously in effect. Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the
cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this
Section 5 shall become additional debt of Borrower secured by this Security Instrument. These
amounts shall bear interest at the Note rate from the date of disbursement and shall be payable,
with such interest. upon notice from Lender to Borrower requesting payment.
All insurance policies required by Lender .and renewals of such polices shall be subject to
Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall
name Lender as mortgagee and/or as an additional loss payee and Borrower further agrees to
generally assign rights to insurance proceeds to the holder of the Note up to the amount of the
outstanding loan balance. Lender shall have the right to hold the policies and renewal certificates.
If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and
renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by
Lender, for damage to, or destruction of. the Property, such policy shall include a standard
mortgage clause and shall name. Lender as mortgagee and/or as an additional loss payee.
Borrower hereby absolutely and irrevocably assigns to Lender all of Borrower's right, title
and interest in and to all proceeds from any insurance policy (whether or not the insurance policy
was required by Lender) that are due, paid or payable with respect to any damage to such
property, regardless of whether the insurance policy is established before, on or after the date of
this Security Instrument. By absolutely and irrevocably assigning to lender all of Borrower's
rights to receive any and all proceeds from any insurance policy, Borrower hereby waives, to the
full extent allowed by law, all of Borrower's rights to receive any and all of such insurance
proceeds.
Borrower hereby absolutely and irrevocably assigns to Lender all of Borrower's right, title
and interest in and to (a) any and all claims, present and future, known or unknown, absolute or
contingent, (b) any and all causes of action, (c) any and all judgments and settlements (whelr
through litigation, mediation, arbitration or otherwise), (d) any and all funds sought agains or
from any party or parties whosoever, and (el any and all funds received or receivable   L
{ .L
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including but not limited to, land subsideni:e, landslide, windstorm, earthquake, fire, flood or any
other cause.
Borrower agrees to execute, acknowledge if requested, and deliver to Lender, and/or upon
notice from Lender shall request .any insurance agency or company that has issued any insurance
policy to execute and deliver to Lender, any additional instruments or documents requested by
Lender from time to time to evidence Borrower's absolute and irrevocable assignments set forth in
this paragraph.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender.
Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower
otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was
required by Lender, shall be applied to restoration or repair of the Property, if the restoration or
repair is economically feasible and Lender's security is not lessened. During such repair and
restoration period, Lender shall have the right to hold such insurance proceeds until Lender has
had an opportunity to inspect such Property to ensure the work has been completed to Lender's
satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse
proceeds for the repairs and restoration in a single payment or in a series of progress payments as
the work is completed. Unless an agreement is made in writing or Applicable Law requires interest
to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest
or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by
Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of
Borrower. If the restoration or repair is not economically feasible or Lender's security would be
lessened, the insurance proceeds shall be applied to the sums secured by this Security
instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance
proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available
insurance claim and related matters. If Borrower does not respond within 30 days to a notice from
Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and
settle the claim. The 30-day period will begin when the notice is given. In either event, or if
Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender
(a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid
under the Note or this Security Instrument, and {b) any other of Borrower's rights (other than the
right to any refund of unearned premiums paid by Borrower) under all insurance policies covering
the Property, insofar as such rights are applicable to the coverage of the Property. Lender may
use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under
the Note or this Security Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's
principal residence within sixty days ,after the execution of this Security Instrument and shall
continue to occupy the Property as Borrower's principal residence for at least one year after the
date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be
unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's
control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall
not destroy, damage or impair the Property, or remove or demolish any building thereon, allow the
Property to deteriorate or commit waste on the Preperty. Whether or not Borrower is residing in
the Property, Borrower shall maintain the Property in good condition and repair in order to prevent
the Property from deteriorating or decreasing in value due to its condition. Unless it is determined
pursuant to Section 5 that repair or restor,ation is not economically feasible,   shall
promptly repair the Property in good and workmanlike manner if damaged to avoid qt
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deterioration or damage. Lender sha)I, unless otherwise agreed in writing between Lender and
Borrower, have the right to hold; insurance or condemnation proceeds. If insurance or
condemnation proceeds are paid in connection with damage to, or the taking of, the Property,
Borrower shall be responsible for repairing or restoring the Property only if Lender has released
proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a
single payment or in a series of progress payments -as the work is completed. If the insurance or
condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not
relieved of Borrower's obligation for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it
has reasonable cause. Lender may inspect the interior of the improvements on the Property.
Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying
such reasonable cause. Lender does not make any warranty or repre.sentation regarding, and
assumes no responsibility for, the work done on the Property, and Borrower shall not have any
right to rely in any way on any inspection(s) by or for Lender or its agent. Borrower shall be
solely responsible for determining that the work is done in a good, thorough, efficient and
workmanlike manner in accordance with all applicable laws.
Borrower shall (a) appear in and defend any action or proceeding purporting to affect the
security hereof, the Property or the rights or powers of Lender or Trustee; (b) at Lender's option.
assign to Lender, to the extent of Lender's interest, any claims, demands, or causes of action of
any kind. and any award. court judgement, or proceeds of settlement of any such claim, demand
or cause of action of any kind which Borrower now has or may hereafter acquire arising out of or
relating to any interest in the acquisition or ownership of the Property. Lender and Trustee shall
not have any duty to prosecl.Jte any such claim, demand or cause of action. Without limiting the
foregoing, any such claim, demand or cause of action arising out of or relating to any interest in
the acquisition or ownership of the Property may include (i) any such injury or damage to the
Property including without limit injury or damage to any structure or improvement situated
thereon, (ii) or any claim or cause of action in favor of Borrower which arises out of the
transaction financed in whole or in part by the making of the loan secured hereby, (iii) any claim
or cause of action in favor of Borrower (except for bodily injury) which arises as a result of any
negligent or improper construction, installation or repair of the Property including without limit,
any surface or subsurface thereof, or of any building or structure thereon or (iv) any proceeds of
insurance, whether or not required by Lender, payable as a result of any damage to or otherwise
relating to the Property or any interest therein. lender may apply, use or release such monies so
received by it in the same manner as provided in Paragraph 5 for the proceeds of insurance.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application
process, Borrower or any persons or entities acting at the direction of Borrower or with
Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or
statements to Lender (or failed to provide Lender with material information) in connection with the
Loan. Material representations include, but are not limited to, representations concerning
Borrower's occupancy of the Property as Borrower's principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument.
If {a) Borrower fails to perform the covenants and agreements contained in this Security
Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the
Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy,
probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over
this Security Instrument or to enforce laws or regulations), or {c) Borrower has abandoned the
Property, then Lender may do and pay for whatever is reasonable or appropriate to pr,,ect
lender's interest in the Property and rights under this Security Instrument, including prote, ti g
1
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and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's
actions can include, but are not limited to: (a) paying any sums secured by a lien which has
priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys'
fees to .protect its interest in the Property and/or rights under this Security Instrument, including
its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited
to, entering the Property to make repairs, change locks, replace or board up doors and windows,
drain water from pipes, eliminate building or other code violations or dangerous conditions, and
have utilities turned on or off. Although Lender may take action under this Section 9, Lender does
nor have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs
no liability for not taking any or all actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of
Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate
from the date of disbursement and shall be payable, with such interest, upon notice from Lender
to Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions
of the !ease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not
merge unless Lender agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making
the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect.
If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available
from the mortgage insurer that previously provided such insurance and Borrower was required to
make separately designated payments toward the premiums for Mortgage Insurance, Borrower
shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage
Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the
Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If
substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to
pay to Lender the amount of the separately designated payments that were due when the
insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a
non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be
non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall
not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no
longer require IOS!i reserve payments if Mortgage Insurance coverage (in the amount and for the
period that Lender requires) provided by an insurer selected by Lender again becomes available, is
obtained, and.Lender requires separately designated payments toward the premiums for Mortgage
Insurance. If Lender required Mortgage Insurance as a condition of making the l!oan .and Borrower
was required to make separately designated payments toward the premiums for Mortgage
Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or
to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends
in accordance with any written agreement between Borrower and Lender providing for such
termination or until termination is required by Applicable Law. Nothing in this Section 10 affects
Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain
losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the
Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time,
and may enter into agreements with other parties that share or modify their risk, or losses.
These agreements are on .terms and conditions that are satisfactory to the mortga e insurer and
the other party (or parties) to these agreements. These agreements may require\ e morqle
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insurer to make payments using any source of funds that the mortgage insurer may have available
(which may include funds obtained from Mortgage Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any
reinsurer, any other entity, or any affiliate of any of the foregoing, may r-eceive (directly or
indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's
payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's
risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of
the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is
often termed "captive reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for
Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the
amount. Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any
refund.
(bl Any such agreements will not affect the rights Borrower has - if any - with respect to
the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These
rights may include the right to receive certain disclosures, to request and obtain cancellation of
the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to
receive a refund of any Mortgage Insurance premiums that were unearned at the time of such
cancellation or termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are
hereby assigned to and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or
repair of the Property, if the restoration or repair is economically feasible and Lender's security is
not lessened. During such repair and restoration period, Lender shall have the right to hold such
Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure
the work has been completed to Lender's satisfaction, provided that such inspection shall be
undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or
in a series of progress payments as the work is completed. Unless an agreement is made in
writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender
shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If
the restoration or repair is not economically feasible or Lender's security would be lessened, the
Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether
or not then due, with the excess. if any, paid to Borrower. Such Miscellaneous Proceeds shall be
applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the
Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether
or not then due, with'the excess, if any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the
fair market value of the Property immediately before the partial taking, destruction, or loss in value
is equal to or greater than the amount of the sums secur-ed by this Security Instrument
immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender
otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the
amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of
the sums secured immediately before the partial taking, destruction, or loss in value divided by (b)
the fair market value of the Property immediately before the partial taking, destruction, or loss in
value. Any balance shall be paid to Borrower. •
In the event of a partial taking, destruction, or loss in value of the Property in which tj fair
m'""" v•lu• of.,. Proporty imm<di<•rely b<Wre <h• o.m• '""'"'·   " in "'" t i±
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less than the amount of the sums secured immediately before the partial taking, destruction, or
Joss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds
shall be applied to the sums secured by this Security Instrument whether or not the sums are then
due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that
the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for
damages, Borrower fails to respond to Lender within 30 days after the datJi the notice is given,
Lender is authorized to ·collect and apply the Miscellaneous Proceeds either to restoration or repair
ot the Property or to the sums secured by this Security Instrument, whether or not then due.
"Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party
against whom Borrower has a right of action in regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun
that, in Lender's judgement, could result in forfeiture of the Property or other material impairment
of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure
such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing
the action or proceeding to be dismissed with a ruling that, in Lender's judgement, precludes
forfeiture of the Property or other material impairment of Lender's interest in the Property or rights
under this Security Instrument. The proceeds of any award or claim for damages that are
attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be
paid 10 Lender. ·
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property
shall t>e applied in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. This Security Instrument
cannot be changed or modified except as otherwise provided herein or by agreement in writing
signed by Borrower, or any Successor in interest to Borrower and Lender. Extension of the time
for payment or modification of amortization of the sums secured by this Security Instrument
granted by lender to Borrower or any Successor in Interest of Borrower shall not operate to
release the liability of Borrower or any Successor in Interest of Borrower. Lender shall not be
r<;qL.;red to commence proceedings against any Successor in Interest of Borrower or to refuse to
extend time for payment or otherwise modify amortization of the sums secured by this Security
Instrument by reason of any demand made by the original Borrower or any Successors in Interest
of Borrower. Any forbearance by Lender in exercising any right or remedy including, without
limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest
of Borrower or in amounts less than the amount then due,_shall not be a waiver of or preclude the
exercise of any right or remedy. No waiver by Lender of any right under this Security Instrument
shall be effective unless in writing. Waiver by Lender of any right granted to Lender under this
Security Instrument or of any provision of this Security Instrument as to any transaction or
occurrence shall not be deemed a waiver as to any future transaction or occurrence.
13. Joint and Several Liability; Co-signers; Successors ·and Assigns Bound. Borrower
covenants and agrees that Borrower's obligations and liability shall be joint and several. However,
any Borrower who co-signs this Security Instrument but does not execute the Note (a
"co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the
co-signer's interest in the Property under the terms of this Security Instrument; (b) is not
personally obligated to pay the sums secured by this Security Instrument; and (cl agrees that
Lender and any other Borrower can agree to extend, modify, forbear or make any
accommodations with regard to the terms of this Security Instrument or the Note without the
co-signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borroi+Atho
  obHg•tioo' ood•< fu;:.:·:,::omrumo"' ;o W<hITTg, • •PP''/
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Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower
shall not be released from Borrower's obligations and liability under this Security Instrument
unless Lender agrees to such release in writing. The covenants and agreements of this Security
Instrument shall bind {except as provided in Section 201 and benefit the successors and assigns of
Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection
with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights
under this Security Instrument, including, but not limited to, attorneys' fees, property inspection
and valuation fees. Borrower shall pay such other charges as Lender may deem reasonable for
services rendered by Lender and furnished at the request of Borrower, any Successor in interest
to Borrower or any agent of Borrower. In regard to any other fees, the absence of express
authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as
a prohibition on the charging of such fee. Lender may not charge fees that are expressly
prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally
interpreted so that the interest or other loan charges collected or to be collected in connection
with the Loan exceed the permitted limits, then: (a} any such loan charge shall be reduced by the
amount necessary to reduce the charge to the permitted limit; and (bl any sums already collected
from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose
to make this refund by reducing the principal owed under the Note or by making a direct payment
to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment
without any prepayment charge (whether or not a prepayment charge is provided for under the
Note). Borrower's acceptance of any such refund made by direct payment to Borrower will
constitute a waiver of any right of action Borrower might have arising out of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security
Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument
shall be deemed to have been given to Borrower when mailed by first class mail or when actually
delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall
constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice
address shall be the Property Address unless Borrower has designated a substitute notice address
by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If
Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only
report a change of address through that specified procedure. There may be only one designated
notice address under this Security Instrument at any one time. Any notice to Lender shall be given
by delivering it or mailing it by first class mail to Lender's address stated herein unless Lender has
designated another address by ·notice to Borrower. Any notice in connection with this Security
Instrument shall not be deemed to have been given to Lender until actually received by Lender. If
any notice required by this Security Instrument is also required under Applicable Law, the
Applicable Law requirement will satisfy the corresponding requirement under this Security
Instrument.
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be
governed by federal law and the law of the jurisdiction in which the Property is located. All rights
and obligations contained in this Security Instrument are subject to any requirements and
limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to
agree by contract or it might be silent, but such silence shall not be construed as a prohibition
against agreement by contract. In the event that any provision or clause of this Security
Instrument or the Note conflicts with Applicable law •. such shall not af!ectfther
provisions of this Security Instrument or the Note which can be given effect w1thou the _i

FLORIDA
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As used in this Security Instrument: (a) words of the masculine gender shall mean and
include corresponding neuter words or words of the feminine gender; (b) words in the singular
shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion
without any obligation to take any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security
!nstrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section
1 "Interest in the Property" means any legal or beneficial interest in the Property, including, but
not limited to, those beneficial interests transferred in a bond for deed, contract for deed,
installment sales contract or escrow agreement, the intent of which is the transfer of title by
Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if
Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)
without Lender's prior written consent, Lender may require immediate payment in full of ali sums
secured by this Security Instrument. However, this option shall not be exercised by Lender if such
exercise is prohibited by Applicable Law. •
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The
notice shall provide a period of not less than 30 days from the date the notice is given in
at:cordance with Section 15 within which Borrower must pay all sums secured by this Security
ln:.>trument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may
invoke any remedies permitted by this Security Instrument without further notice or demand on
Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions,
Borrower shall have the right to have enforcement of this Security Instrument discontinued at any
time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale
contained in this Security Instrument; (b) such other period as Applicable Law might specify for
the termination of Borrower's right to reinstate; or Cc) entry of a judgement enforcing this Security
lm-.t1ument_ Those conditions are that Borrower: (a) pays Lender all sums which then would be
due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any
default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this
Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection
and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the
Property and rights under this Security Instrument; and (d) takes such action as Lender may
reasonably require to.assure that Lender's interest in the Property and rights under this Security
Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall
continue unchanged. Lender may require that Borrower pay such reinstatement sums and
expenses in one or more of the ·following forms, as selected by Lender: (a) cash; (b) money order;
(c) certified check, bank check, treasurer's check or cashier's check, provided any such check is
drawn upon an institution whose deposits are insured by a federal agency, instrumentality or
entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument
and obligations secured hereby shall remain fully effective as if no acceleration had occurred.
However, this right to reinstate shall not apply in the case of acceleration under Section 18.
20. Sale of Note; Change of loan Servicer; Notice of Grievance. The Note or a partial
interest in the Note (together with this Security Instrument) can be sold one or more times
without prior notice to Borrower. A sale might result in a change in the entity {known as the
"Loan Servicer") that collects Periodic Payments due under the Note and this Security
and performs other mortgage loan servicing obligations under the Note, this Security In trumj±
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and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a
sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of
the change which will state the name and address of the new Loan Servicer. the address to which
payments should be made and any other information RESPA requires in connection with a notice
of transfer of servicing. If the Note is sold and thereafter the Loan is cserviced by a Loan Servicer
other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will
remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed
by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action {as
either an individual litigant or the member of a class) that arises from the other party's actions
pursuant to this Security Instrument or that alleges that the other party has breached any
provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or
Lender has notified the other party {with such notice given in compliance with the requirements of
Section 15) of such alleged breach and afforded the other party hereto a reasonable period after
the giving of such notice to take corrective action. If Applicable Law provides a time period which
must elapse before certain action can be taken. that time period will be deemed to be reasonable
for purposes of this paragraph. The notice of acceleration and opportunity to cure given to
Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to
Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action
provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are
those substances defined as toxic or hazardous substances, pollutants, or wastes by
Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic
petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing
asbestos or formaldehyde, and radioactive materials; {bl "Environmental Law" means federal laws
and laws of the jurisdiction where the Property is located that relate to health, safety or
environmental protection; (c) "Environmental Cleanup" includes any response action, remedial
action, or removal action, as defined in Environmental Law; and {d) an "Environmental Condition"
means a cQndition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances. or threaten to release any Hazardous Substances, on or in the Property.
Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a} that is in
violation of any Environmental Law, {b) which creates an Environmental Condition, or (c) which,
due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely
affects the value of the Property. The preceding two sentences shall not apply to the presence,
use, or storage on the Property of small quantities of Hazardous Substances that are generally
recognized to be appropriate to normal residential uses and to maintenance of the Property
(including, but not limited to, hazardous substance in consumer products).
Borrower shall promptly give Lender written notice of {a) any investigation, claim, demand,
lawsuit or other action by any governmental or regulatory agency or private party involving the
Property and any Hazardous Substance or Environmental Law of which Borrower has actual
knowledge, (b) any Environmental Condition. including but not limited to, any spilling, leaking,
discharge. release or threat of release of any Hazardous Substance, and !c) any condition caused
by the presence, use, or release of a Hazardous Substance which adversely affects the value of
the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any
private party, that any removal or other remediation of any Hazardous Substance affec ing the
Property is necessary, Borrower shall promptly take all necessary remedial actions in ace rdance
with Environmental Law. Nothing herein shall create any obligation on Lender f r
Environmental Cleanup.
FLORIDA
73213 (02·011 Page 14 ol 16
175
follows:
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NON-UNIFORM COVENANTS: Borrower and Lender further covenant and agree as
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration
following Borrower's breach of any covenant or agreement in this Security Instrument (but not
prior to acceleration under Section 18 unless Applicable Law provides otherwise}. The notice shall
specify: (a) the default; {b) the action required to cure the default (c) a date. not less than 30
days from the date the notice is given to Borrower. by which the default must be cured; and (d)
that failure to cure the default on or before the date specified in the notice may result in
acceleration of the sums secured by this Security Instrument and sale of the ·Property. The notice
shall further inform Borrower of the right to reinstate after acceleration and the right to bring a
court action to assert the non-existence of a default or any other defense of Borrower to
acceleration and foreclosure. If the default is not cured on or before the date specified in the
notice, Lender at its option may require immediate payment in full of all sums secured by this
Security Instrument without further demand and may foreclose this Security Instrument by judicial
proceeding. lender shall be entitled to collect all expenses incurred in pursuing the remedfos
provided in this Section 22. including, but not limited to. reasonable attorneys' fees and costs of
title evidence. If Borrower or any Successor in interest to Borrower files (or has filed against
Borrower or any Successor in interest to Borrower) a bankruptcy petition under Title II or any
successor title of the United States Code which provides for the curing of prepetition default due
on the Note, interest at a rate determined by the Court shall be paid to Lender on post-petition
arrears.
23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall
release this Security Instrument. Borrower shall pay any recordation costs. Lender may charge
Borrower a fee for releasing this Security Instrument, but only if the fee is not prohibited by
Applicable Law.
24. Attorneys' Fees. As used in this Security Instrument and the Note, "attorneys' fees"
shall include any attorneys' fees awarded by an appellate court and any attorneys' fees incurred in
a bankruptcy proceeding.
25. Jury Trial Waiver. The Borrower hereby waives any right to a trial by jury in any
ac1ion, proceeding, claim, or counterclaim, whether in contract or tort, at law or in equity, arising
out of or in any way related to this Security Instrument or the Note.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and coven nts contained
in this Security Instrument and in any Rider executed by Borrower and recorded with i .
;::...OP.:DJ..
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-----------(Space Below This Line For Acknowledgment) -----------
STATE OF FL22?, . iJ
COUNTY OF KIAMA. - ooR.L
My Commission expires:
(Notary Rubber/Raised Stamp Seal)
FLORIDA
73213 102-01) Page 16 of 16
""'•,,. Sandra C. Lopez
"t:Ccmmission #CC &11216
·: Expires Apr. 6, 2003
,, or '\' ~ n   e   Thru
1
111·n }..tlanf.1cBonding-Co., Inc.
177
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ADJUSTABLE RATE NOTE
(12-MTA Index - Payment and Rate Caps)
03-2265-060325138-0
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RA-TE
AND MY MONTHLY PAYMENT. MY MONTHLY PAYMENT INCREASES WILL HAVE LIMITS
WHICH COULD RESULT IN THE PRINCIPAL AMOUNT I MUST REPAY BBNG LARGER
THAN THE AMOUNT I ORIGlNALL Y BORROWED, BUT NOT MORE THAN 125% OF
THE ORIGINAL AMOUNT (OR$ 450,ooo.oo J. MY INTEREST RATE CAN NEVER
EXCEED THE LIMIT STATED IN THIS NOTE OR ANY RIDER TO THIS NOTE. A BALLOON
PAYMENT MAY BE DUE AT MATURITY.
October 25 2002 MIAMI
{City)
    • TERRACE. MD\MI FL 33157
{Property Address}
1. BORROWER'S PROMISE TO PAY
Florida
{State}
In return for a loan that I have received, I promise to pay U.S. $ 360 ooo. oo plus
any amounts added in accordance with Section 4 (G) below, (this amount is called "Principal"). plus
i;1terest, to the order ot the Lender. The Lender is Washington Mutual Bank, FA . I
will make all payments under this Note in form ot cash, check or money order. I understand that
the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who
is entitled to receive payments under this Note is called the "Note Holder".
2. INTEREST
Interest wil(be charged on unpaid Principal until the full amount has been paid. Up until the first
day of the calendar month that immediately precedes the first payment due date set forth in Section
3 of this Note, I will pay interest at a yearly rate of 4. 772 %. Thereafter until the first Change
Date (as defined in Section 4 of this Note) I will pay interest at a yearly rate
of 2. 450 %. The interest rate required by this Section 2 and Section 4 of this Note is the Rate I
will pay both before and after any default described in Section 7(8) of this Note. ·
3. PAYMENTS
(A) Time and Place of Payments
I will pay Principal and interest by making payments every month. In this Note, "payments"
refer to Principal and interest payments only, although other charges such as taxes, insurance
and/or late charges may also be payable with the monthly payment.
I ·will make niy monthly payments on 1st day of each month beginning on
December, 2002 , I will make these payments every month until I have paid all of the
principal and interest and any other charges described below that I may owe under this Note. Each
monthly payment will be applied to interest before Principal. If, on November 1, 2 03 2 , I
stil! owe amounts under this Note, I will pay those amounts in full on that date, which is called the
"Maturity Date".
I will make my monthly payments at 9451 CORBIN AVE, NORTHRIDGE, CA 91328
                          or at a different place if required ·by the Note Holder.
!El Amount of My Initial Monthly Payments
$
Each of my monthly payments until the first Payment Change Date will be in the amount of U.S.
l 413. 09 , unless adjusted at an earlier time under Section 4(H) of this Note. \
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03-2265-060325138-0
My monthly payment will be recomputed, according to Sections 4(E)(FJ(G)(H) and Ill of this
Note, to reflect changes in the Principal balance and interest rate that I must pay. The Note Holder
will determine my new interest rate and the changed amount of my monthly payment in accordance
with Section 4 of this Note. ··
4. INTEREST RATE .AND MONTHLY PAYMENT CHANGES
IA) Change Dates
The interest rate will pay may further change on the ist day of
  ___ , and on that day every month thereafter. Each such day is called a
"Change Date".·
(B} The Index
On each Change Date, my interest rate will be based on an Index. The "Index" is the
Twelve-Month Average, determined as set forth below, of the annual yields on actively traded
United States Treasury Securities adjusted to a constant maturity of one year as published by the
Federal Reserve Board in the Federal Reserve Statistical Release entitled "Selected Interest Rates
(H.15)" (the "Monthly Yields"). The Twelve-Month Average is determined by adding together the
Monthly Yields for the most recently available twelve months and dividing by 12.
The most recent Index figure available as of 15 days before each interest rate Change Date is
called the "Current Index". If the Index is no longer available, the Note Holder will choose a new
index which is based upon comparable information. The Note Holder will give me notice of this
choice.
(C) Calculation of Changes
Before each Change Date, the Note Holder will calculate my new interest rate by adding
Two & Five-Tenths percentage points 2. 500 %
("Margin") to the Current Index. The Note Holder will then round the result of this addition to the
nearest one-thousandth of one percentage point (0.001 %). Subject to the limits stated in Section
4(0) below. this rounded amount will be my new interest rate until the next Change Date. In the
event a new Index is selected, pursuant to paragraph 4(8). a new Margin will be determined. The
new Margin will be the difference between the average of the old Index for the most recent three
year period which ends on the last date the Index was available plus the Margin on the last date. the
old Index was available and the average of the new Index for the most recent three year period
which ends on that date {or if not available for such three year period, for such· time as it is
avaiiabie). This difference will be rounded to the next higher 1/8 of 1%.
(DJ Interest Rate Limit
My interest rate will never be greater than Nine & Ninety-Five-Hundredths
percentage points 9 _ 950 % ("Cap"), except that following any sale or transfer of the property
which secures repayment of this Note after the first interest rate Change Date, the maximum
interest rate will be the higher of the Cap or 5 percentage points greater than the interest rate in
effect at the time of such sale or transfer.
IE) Payment Change Dates
Effective every year commencing December 1 2003 , and on the same
date each twelfth month the·reafter ("Payment Change Date"). th!! Note Holder will determine the
amount of the monthly payment that would be sufficient to repay the projected principal balance I
am expected to owe as of the Payment Change Date in full on the Maturity Date at the interest rate
in effect 45 days prior to the Payment Change Date in substantially equal payments. The result of
this calculation is the new amount of my monthly payment, subject to Section 4(F) below. and I will
make payments in the new amount until the next Payment Change Date unless my payments are
changed earlier under Section 4(H) of this Note.
IF) Monthly Payment Limitations
Unless Section 4(HJ and 4(1} below apply, the amount of my new monthly payment, beginning
with a Payment Change Date, will be limited to 7 1/2% more or less than the amount l have been
paying. This payment cap applies only to the principal payment and does not apfy to any escrow
payments Lender may require under the Security Instrument.

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(G) Changes in My Unpaid Principal Due to Negative Amortization or Accelerated Amortization
Since my payment amount changes less frequently than the interest rate and since the monthly
payment is subject to the payment limitationi; described in Section 4(FJ, my monthly payment could
be less or greater than the ampunt of the interest portion of the monthly payment that would -be
sufficient to repay .the unpaid Principal I .owe at the monthly payment date in full on the maturity
date in substantially equal payments. For each month that the monthly payment is less than the
interest portion, the Note Holder will subtract the monthly payment from the amount of the interest
portion and will ad the difference to my unpaid PrinciP,al, and interest will accrue on the amount of
this difference at the current interest rate. For each month that the monthly payment is greater
than the interest portion, the Note Holder will apply the excess towards a principal reduction of the
Note.
IH) Limit on My Unpaid Principal; Increased Monthly Payment
My unpaid principal can never exceed a maximum amount equal to 125% of the principal
amount original borrowed. In the ·event my unpaid Principal would otherwise exceed that 125%-
limitation, I will begin paying a new monthly payment until the next Payment Change Date
notwithstanding the 7 1/2% annual payment increase fimitation. The new monthly payment will be
an amount which would be sufficient to repay my then unpaid Principal in full on the maturity date
at my interest rate in effect the month prior to the payment due date in substantially equal
payments.
(I) Required Fun Monthly Payment
On the FIFTH anniversary of the due date of the first monthly payment, and on that same
day every FIFTH year thereafter, the monthly payment will be adjusted without regard to the
payment cap limitation in Section 4(FJ.
(J} Notice of Changes
The Note Holder will deliver or mail to me a notice of any changes in the amount of my monthly
payment before the effective date of any change. The notice will include information required by
law to be given me and also the title and telephone number of a person who will answer any
question I may have regarding the notice.
(K) Failure to Make Adjustments
If for any reason Note Holder fails to make an adjustment to the interest rate or payment
amount as described in this Note, regardless of any notice requirement, I agree that Note Holder
may, upon discovery of such failure, then make the adjustment as if they had been made on time. I
also agree not to hold Not_e Holder responsible for any damages to me which may result from Note
Holder's failure to make the   and to let the Note Holder, at its option, apply any excess
monies which f may have paid to partial Prepayment of unpaid Principal.
5. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due. A payment of
Principal only is known as a "Prepayment". When I make a Prepayment; I will tell the Note Holder
in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all
the monthly payments due under the Note.
I may make a full prepayment or partial prepayments without paying any prepayment charge.
The Note Holder will apply all of my prepayments to reduce the amount of principal that I owe
under this Note. However, the Note Holder may apply my Preppyment to the accrued and unpaid
interest on the Prepayment amount, before applying my Prepayment to reduce the principal amount
of the Note. If I make a partial prepayment, there will be no changes in the due dates of my
monthly payments unless the Note Holder agrees in writing to those changes. My partial
prepayment may have the effect of reducing the amount of my monthly payments, but only after
the first Payment Change Date following my partial Prepayment. However, any reduction due to my
partial Prepayment may be offset by an interest rate increase.
6. LOAN CHARGES
ff a law, which applies to this loan and which sets maximum loan charges, is finally interpreted
so that the interest or other loan charges collected or to be collected in connection with this loan
exceed_ the permitted limits, then; (a) any such loan charge shall be reduced by amount
j-j,.
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necessary to.reduce the charge to the permitted limit; and (b) any sums already collected from me
which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this
refund by reducing the Principal .1 owe under this Note or by making a direct payment to me. If a
refund reduces Principal, the reduction will be treated· as a partial Prepayment.
MisceHaneotis Fees: I understand that the Note Holder will also charge a return item charge in
the event a ·payment that I make in connection with repayment of this loan is not honored by the
financial institution on which it is .drawn. The current fee is $ 15. oo . Lender reserves the
right to change the fee from time to time.wii:hOut notice except as may be required by law.
7. BORROWER'S FAiLURE TO PAY AS REQUIRED
(A) Late Charges for o·verdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of
Fifteen calendar days after the date it is due, I will pay a late charge to the Note Holder. The
amount of the charge will be s. ooo % of my overdue payment of Principal and interest. I will
pay this late charge promptly but only once of each late payment.
(BJ Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in
default.
(C} Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay
the overdue amount by a certain date, the Note Holder may require me to pay immediately the full
amount of Principal which has not been paid and all the interest that I owe on that amount. That
date must be at least 10 days after the date on which the notice is delivered or mailed to me (or, if
the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation buys all
or part of Lender's rights under the Security Instrument, in which case the notice will specify a
date, not less than 30 days from the date the notice is given the Borrower).
[D} No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately
in full as described above, the Note Holder will still have the right to do so if I am in default at a
later time.
iE) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note
Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this
Note, whether or not a lawsuit is brought, to the extent not prohibited by Applicable Law. Those
expenses include, for example, reasonable attorneys' fees.
8. GIVING OF NOTICES
Unless Applicable law requires a different method, any notice that must be given to me under
this Note will be given by delivering it or by mailing it by first class mail to me at the Property
Address above or at a different address if I give the Note Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Nate will be given by mailing it by
first class mail to the Note Holder at the address stated in Section 3(A) above or at a different
address if lam given a notice of that different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep
all ot the promises made in this Note, including the promise to pay the full amount owed. Any
person who is a guarantor, surety, or endorser of this Note is also obligated to do these things.
Any person who takes over these obligations, including the obligations of a guarantor, surety, or
endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note
Holder may enforce its rights under this Note against each person individually or against all of us
:.:';::,'he<. This ~ • iliM ~ Y one of oe m'Y be coqoked w pey OI of me ~       owOO ~ ~ ' ~ - + .
'   ~       '-'"'' J· - ': .L
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03-2265-060325138-0
I and any other person who has obligations under this Note waive the rights of presentment and
notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment
of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to
other persons that amounts due have not been paid.
11. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the
protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed
(the "Security Instrument"), dated the same date as this Note, protects the Note Holder from
possible losses which might result if l do not keep the promises which I make in this Note. That
Security Instrument describes how and under what conditions I may be required to make immediate
payment in full of all amounts I owe under this Note. Some of those conditions are described as
follows:
Transfer of the Property or a Beneficial Interest in Borrower.
If al! or any part of the Property or any Interest in the Property is sold or transferred (or if a
beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)
without Lender's prior written consent, Lender may require immediate payment in full of all
sums secured by this Security Instrument. However, this option shall not be exercised by
Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this
option if: (a) the request to assume is made after one year following recordation of the Deed of
Trust, (b) Borrower causes to be submitted to Lender information required by Lender to evaluate
the intended transferee as if a new loan were being made to the transferee; and {c) Lender
reasonably determines that Lender's security will not be impaired by the loan assumption and
that the risk of a breach of any covenant or agreement in this Security Instrument or other
obligations related to the Note or other loan document is acceptable to Lender, (d) Assuming
party executes Assumption Agreement acceptable to Lender at its sole choice and discretion,
which Agreement may include an increase to Cap as set forth below and (e) payment of
Assumption Fee if requested by Lender.
To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a
condition to Lender's consent to the loan assumption and Lender may increase the maximum
rate limit to the higher of the Cap or 5 percentage points greater than the interest rate in effect
at the time of the transfer. Lender may also require the transferee to sign an assumption
agreement that is acceptable to Lender and that obligates the transferee to keep all the promises
and agreements made in the Note and in this Security Instrument. Borrower will continue to be
obligated under the Note and this Security Instrument unless Lender has entered into a written
Assumption Agreement with transferee and formally releases Borrower.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice
shall provide a period of not less than 30 days from the date the notice is given in accordance
with Section 15 within which Borrower must pay all sums secured by this Security Instrument.
If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any
remedies permitted by this Security Instrument without further notice or demand on Borrower.
12. MISCELLANEOUS PROVISIONS
In the event the Note Holder at any time discovers that this Note or the Security Instrument or
any other document related to this loan, called collectively the "Loan Documents," contains an error
which was caused by a clerical or ministerial mistake, calculation error, computer error, printing
error or similar error {collectively "Errors"), I agree, upon notice from the Note Holder, to reexecute
any Loan Documents that are necessary to correct any such Errors and I also agree that I will not
hold the Note Holder responsible tor any damage to me which may result from any such Errors.
If any of the Loan Documents are lost, stolen, mutilated or destroyed and the Note Holder
delivers to me an indemnification in my favor, signed by the Note Holder, then I will si\n\ n   deliver
... ,,,... ._ .. ,. r qi
182
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03-2265-060325138-0
to the Note Holder a Loan Document identical in form and content which will have the effect of the
original for   purposes.
13. E>OOUMENTARY TAX
The· state documentary tax due on this Note has been paid on the mortgage securing this
indebtedness.
WITNESS·THE HAND(SI AND SEAUSI OF THE UNDERSIGNED.

Pay to the order of
Without Recourse

ess ma ,AVP
183
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
July Term 2011
ROBERT McLEAN,
Appellant,
V.
JP MORGAN CHASE BANK NATIONAL ASSOCIATION, not individually
but solely as Trustee for the holders of STRUCTURED ASSET
MORTGAGE INVESTMENTS II, INC., MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-ARS,
Appellee.
No. 4D10-3429
[December 14, 2011 ]
PERCURIAM.
Robert McLean appeals a final judgment of foreclosure entered in
favor of JP Morgan Chase Bank ("Chase") as Trustee for holders of
certain mortgage pass-through certificates. We reverse, concluding that
the trial court erred in entering summary judgment in Chase's favor,
where the record lacked any evidence that Chase had standing to
foreclose at the time the lawsuit was filed.
On May 11, 2009, Chase filed a two-count mortgage foreclosure
action against the appellant, Robert McLean. The complaint generally
alleged that McLean had defaulted under the note and mortgage, and
that Chase was "the legal and/ or equitable owner and holder of the Note
and Mortgage and has the right to enforce the loan documents." Count I
of the complaint was entitled "Mortgage Foreclosure," while Count II was
entitled "Reestablishment of Lost Note." Count II alleged that Chase "is
not in possession of the subject Promissory Note and [Chase] cannot
reasonably obtain possession of said Note because it is lost, stolen, or
destroyed." The copy of the mortgage attached to the complaint stated
that the lender was American Brokers Conduit and that the mortgagee
wasMERS.
McLean filed a motion to dismiss, which the trial court denied on
April 7, 2010. However, in the order denying McLean's motion to
dismiss, the trial court ordered Chase to file and serve within fifteen days
~ 8   c :lbtf
184
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"a copy of the assignment by which it obtained its rights and standing to
proceed in this cause . . . . " In compliance with the trial court's order,
Chase filed an Assignment of Mortgage, which reflected that MERS
assigned the mortgage to Chase. However, the Assignment of Mortgage
was signed by MERS representatives on May 14, 2009, three days after
Chase filed the instant foreclosure complaint.
McLean filed a second motion to dismiss, arguing that Chase did not
have standing to file its complaint because on the date of filing, May 11,
2009, Chase was not the owner of the Note and Mortgage. The trial court
denied McLean's second motion to dismiss. Subsequently, on May 13,
2010, McLean filed an Answer and Affirmative Defenses, raising various
affirmative defenses, including the defense that Chase did not have
standing to file its complaint.
Subsequently, Chase filed the original note and mortgage, as well as a
reply to McLean's affirmative defenses. The original note bore a special
endorsement, stating: "Pay to the Order of JPMorgan Chase Bank, N.A.,
as Trustee Without Recourse By: American Brokers Conduit." The
endorsement to the note was not dated.
Chase filed a motion for summary judgment, as well as an affidavit in
support of summary judgment. The affidavit, which was executed by a
representative of American Home Mortgage Servicing after the lawsuit
was filed, set forth the amounts due and owing under the loan. The
affidavit further stated that Chase "is the holder and owner" of the
mortgage originally given by Robert McLean to MERS. However, the
affidavit did not specifically state when Chase became the owner of the
note and mortgage, nor did the affidavit indicate that Chase was the
owner of the note and mortgage before suit was filed. In fact, the
affidavit failed to mention any endorsement of the note to Chase.
Following a hearing on Chase's motion for summary judgment, the trial
court entered a final judgment of foreclosure in favor of Chase. McLean
appealed.
The standard of review of an order granting summary judgment is de
novo. Volusia County v. Aberdeen at Ormond Beach, L.P., 760 So. 2d
126, 130 {Fla. 2000). Summary judgment is appropriate where there is
no genuine issue as to any material fact and the moving party is entitled
to judgment as a matter of law. Fla. R. Civ. P. l.510{c). When reviewing
a final summary judgment, an appellate court must examine the record
in the light most favorable to the non-moving party. Princeton Homes,
Inc. v. Morgan, 38 So. 3d 207, 208 {Fla. 4th DCA 2010). "[T]he burden is
upon the party moving for summary judgment to show conclusively the
2
~ # t ~ 1 r   ' ~
185
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complete absence of any genuine issue of material fact." Albelo v. S. Bell,
682 So. 2d 1126, 1129 (Fla. 4th DCA 1996).
A crucial element in any mortgage foreclosure proceeding is that the
party seeking foreclosure must demonstrate that it owns and holds the
note and mortgage in question-otherwise, the plaintiff lacks standing to
foreclose. See Lizio v. McCullom, 36 So. 3d 927, 929 (Fla. 4th DCA 2010);
Verizzo v. Bank of N. Y., 28 So. 3d 976, 978 (Fla. 2d DCA 2010); Phi.logene
v. ABN Am.ro Mortg. Group Inc., 948 So. 2d 45, 46 (Fla. 4th DCA 2006). If
the note does not name the plaintiff as the payee, the note must bear a
special endorsement in favor of the plaintiff or a blank endorsement. See
Servedio v. U.S. Bank Nat'l Ass'n, 46 So. 3d 1105, 1106-07 (Fla. 4th DCA
2010); Riggs v. Aurora Loan Servs., LLC, 36 So. 3d 932, 933 (Fla. 4th
DCA 2010). Alternatively, the plaintiff may submit evidence of an
assignment from the payee to the plaintiff or an affidavit of ownership to
prove its status as a holder of the note. See Servedio, 46 So. 3d at 1107.
While it is true that standing to foreclose can be demonstrated by the
filing of the original note with a special endorsement in favor of the
plaintiff, this does not alter the rule that a party's standing is determined
at the time the lawsuit was filed. See Progressive. Exp. Ins. Co. v.
McGrath Comty. Chi.ropractic, 913 So. 2d 1281, 1286 (Fla. 2d DCA 2005).
Stated another way, "the plaintiffs lack of standing at the inception of
the case is not a defect that may be cured by the acquisition of standing
after the case is filed." Id. at 1285. Thus, a party is not permitted to
establish the right to maintain an action retroactively by acquiring
standing to file a lawsuit after the fact. Id. at 1286.
Generally, where a mortgage foreclosure action is based on an
assignment that was executed after the lawsuit was filed, the plaintiff
has failed to state a cause of action. See Jeff-Ray Corp. v. Jacobson, 566
So. 2d 885, 886 (Fla. 4th DCA 1990). In such cases, the proper course of
action is for the plaintiff to file a new complaint. Id. But even in the
absence of a valid written assignment, the "mere delivery of a note and
mortgage, with intention to pass the title, upon a proper consideration,
will vest the equitable interest in the person to whom it is so delivered."
Johns v. Gillian, 184 So. 140, 143 (Fla. 1938). Thus, where there is an
indication that equitable transfer of the mortgage occurred prior to the
assignment, dismissal of the complaint is error, even if the assignment
was executed after the complaint was filed. See WM Specialty Mortg., LLC
v. Salomon, 874 So. 2d 680, 682-83 (Fla. 4th DCA 2004) ("At a minimum,
as WM Specialty suggests, the court should have upheld the complaint
because it stated a cause of action, but considered the issue of WM
Specialty's interest on a motion for summary judgment. An evidentiary
3 #Xiii/.,,- ""I- 3f#
186
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hearing would have been the appropriate forum to resolve the conflict
which was apparent on the face of the assignment, i.e., whether WM
Specialty acquired interest in the mortgage prior to the filing of the
complaint.") (emphasis added).
In the present case, as is common in recent foreclosure cases, Chase
did not attach a copy of the original note to its complaint, but instead
brought a count to re-establish a lost note. Later, however, Chase filed
with the circuit court the original promissory note, which bore a special
endorsement in favor of Chase. Because Chase presented to the trial
court the original promissory note, which contained a special
endorsement in its favor, it obtained standing to foreclose, at least at
some point. See, e.g., Kaminik v. Countrywide Home Loans, Inc., 64 So.
3d 195, 196 (Fla. 4th DCA 2011) (reversing fee award but otherwise
affirming summary final judgment of foreclosure where the record
demonstrated that the appellee "tendered the original promissory note to
the trial court, which contained a special indorsement in its favor").
Nonetheless, the record evidence is insufficient to demonstrate that
Chase had standing to foreclose at the time the lawsuit was filed. The
mortgage was assigned to Chase three days after Chase filed the instant
foreclosure complaint. More importantly, the original note contained an
undated special endorsement in Chase's favor, and the affidavit filed in
support of summary judgment did not state when the endorsement was
made to Chase. Furthermore, the affidavit, which was dated after the
lawsuit was filed, did not specifically state when Chase became the
owner of the note and mortgage, nor did the affidavit indicate that Chase
was the owner of the note and mortgage before suit was filed.
1
Therefore,
Chase failed to submit any record evidence proving that it had the right
to enforce the note on the date the complaint was filed. See U.S. Bank
Nat'l Ass'n v. Kimball, 27 A. 3d 1087 (Vt. 2011) (bank that filed a
foreclosure complaint against a homeowner did not show that, at the
time it filed the complaint, the bank possessed the original promissory
note either made payable to bearer with a blank endorsement or made
payable to order with an endorsement specifically to the bank; although
the bank ultimately submitted the promissory note with an undated
1 We think that if the body of the affidavit had indicated that Chase was the
owner of the note and mortgage before suit was filed, this would have been
sufficient to establish Chase's standing on the date it filed the complaint.
Alternatively, if the affidavit itself had been executed before the lawsuit was
filed, the allegation that Chase was the "owner and holder of the note" would
have been sufficient to establish Chase's standing at the inception of the
lawsuit.
4
187
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specific endorsement to the bank, the bank provided no information as to
when such endorsement was made).
We therefore reverse the summary judgment and corresponding final
judgment of foreclosure. On remand, in order for Chase to be entitled to
summary judgment, it must show, without genuine issue of material
fact, that it was the holder of the note on the date the complaint was filed
{i.e., that the note was endorsed to Chase on or before the date the
lawsuit was filed). By contrast, if the evidence shows that the note was
endorsed to Chase after the lawsuit was filed, then Chase had no
standing at the time the complaint was filed, in which case the trial court
should dismiss the instant lawsuit and Chase must file a new complaint ..
See Jeff-Ray Corp., 566 So. 2d at 886. An evidentiary hearing may also
be required if there is disputed evidence on an issue, such as to the date
the note was endorsed to Chase.
Reversed and Remanded for further proceedings consistent with this
opmzon.
TAYWR, HAZOURI AND LEVINE, JJ., concur.
* * *
Appeal from the Circuit Court for the Seventeenth Judicial Circuit,
Broward County; Eli Breger, Judge; L.T. Case No. 09-26853 CACE13.
Stuart N. House of Giunta & House, P.A., Fort Lauderdale, for
appellant.
Heidi J. Weinzetl of Shapiro & Fishman, LLP, Boca Raton, for
appellee.
Not final until disposition of timely filed motion for rehearing.
5
188
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WASHINGTON MUTUAL BANK,
Plaintiff,
vs.
e

IN THE CIRCUIT COURT OF THE n
l ITH JUDICIAL CIRCUIT, IN AND FOR
COUNTY, FLORIDA "' o
,-·.
LESZEK LADOWSKI, et al,
Defendants.
CIVIL DIVISION 10 E
CASENO.: 07-33380CA 10 2
   
EX PARTE MOTION TO REINSTATE MATTER AS PENDING
"""'O :D
:x rr
,.·
NI
c.n
COMES NOW, Plaintiff, WASHINGTON MUTUAL BANK, by and through the undersigned counsel, and
moves this court to vacate the Order Dismissing the Case, and as grounds thereof would state as follows:
l. The Plaintiff filed its Complaint for mortgage foreclosure on October 2, 2007.
2. That Service of Process was completed on or about October 17, 2007.
3. On August 13, 2008, Plaintiff filed its Motion for Summary Judgment. A copy of said motion is
attached as Exhibit "A."
4. A hearing on Plaintiff's Motion for Summary Judgment was set for October 1, 2008. A copy of the
notice of hearing is attached as Exhibit "B."
5. On August 27, 2008, Defendant's counsel filed its Motion to Withdraw as Counsel.
6. On October I, 2008, this Honorable Court granted Defendant's counsel's Motion to Withdraw as
Counsel.
7. As a result, the hearing set on Plaintiff's Motion for Summary Judgment for October I, 2008, was not
heard.
8. On February 2, 2009, Plaintiff inadvertently noted in its file to place file on hold for Motion to
Dismiss.
9. On October 20, 2009, Plaintiff reviewed the file and determined that there is no Motion to Dismiss
issue in this file. Plaintiff resumed its Foreclosure action.
JO. On January 29, 2010, this case was dismissed for lack of prosecution. A copy of the Order Dismissal is
attached as Exhibit "C."
11. Plaintiff wishes to resume its Foreclosure action and is requesting this Honorable Court to allow this
case to be reinstated.
Official Receipt
Clerk's Office: Miami Dade County, rr..
Pl ease keep th J s rece i pt for records .
Date:G/30/2010 9:32AM LOC:CIR -014-022
Civi Fee Receipt# 6153\0022
Cler· - Cashier: JMOG - JMOG
Ref# 033380CA01 Sect : 10
Sty! : WASHINGTON MUTUAL BANK
Name:
Comment:
Reopen Case F ea $50. 00
Total
render: Check
Amount (xl
;HANGE
$50.00
$50.0Qx
$0.00
I
189
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IM
.....
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WHEREFORE, Plaintiff, WASHINGTON MUTUAL BANK, respectfully requests that this Court enter an
Order Reinstating Matter as Pending.
I HEREBY CERTIFY that a true copy of the foregoing was delivered to the parties on the attached
mailing list by mail this day of 20 I 0.
'JUN Z llUlU
MAILING LIST
Case No.: 07-33380 CA 10
LESZEK LADOWSKI
8141SOUTHWEST170TH TERRACE
MIAMI, FL 33157
JUAN SANCHEZ, ESQ.
Law Offices of Marshall C.Watson, P.A.
l800N.W.49™S et,Suitel20
Fort Lauderdale, F 3 3309
Telephone: (954) -3-0365/(800) 441-2438
Facsimile: (954 7 1-6052
By: ____ -tt-------
Sean A. Mars all, Esq.
BarNumber: 76071
ATTORNEY FOR GROVES AT CUTLER HOMEOWNERS ASSOCIA T!ON, INC.
10251 SUNSET DRIVE, #A-106
MIAMI, FL 33 I 73
JORGE TORRECILLA
6420 SW 105™ CT.,
MIAMI, FL33l73
MAGDALIA TORREECILLA
6420 SW l05TH CT.,
MIAMI, FL 33 I 73
JADWIGA LADOWSKI
8 ! 41 SOUTHWEST I 70TH TERRACE
MIAMI, FL 33157
07-19992
190
. e e
********************************************************************************
IN THE CIRCUIT COURT • * CASE
OF THE ELEVENTH JUDICIAL C A S E * 10
CIRCUIT OF FLORIDA * I N F 0 R M A T I 0 N * ACTION: 2 MORTGAGE FORECLOS
IN AND FOR DADE COUNTY
*
D 0 C K E T * RECEIPT NUMBER: 112812
** OPEN **
********************************************************************************
CASE STYLE: WASHINGTON MUTUAL BANK PN PLAINTIFF
PK PLAINTIFF AKA
vs DN DEFENDANT
DK DEFENDANT AKA
LADOWSKI, LESZEK GN GARNISHEE
********************************************************************************
PNOl
DNOl
DN02
DN03
DN04
DN05
PARTY
WASHINGTON MUTUAL BANK
LADOWSKI, LESZEK
GROVES AT CUTLER HOMEOWNERS ASSN INC
TORRECILLA, JORGE
TORRECILLA, MAGDALIA
LADOWSKI, JADWIGA
ATTORNEY
ATTORNEY UNKNOWN
JORGE E BLANCO
JUAN A SANCHEZ
JORGE L PIEDRA
JORGE L PIEDRA
JORGE E BLANCO
********************************************************************************
DATE
07/05/2012
06/19/2012
06/14/2012
06/14/2012
05/18/2012
05/10/2012
05/10/2012
05/10/2012
04/13/2012
04/13/2012
04/13/2012
04/13/2012
03/14/2012
03/22/2011
03/22/2011
07/06/2010
06/29/2010
PLEADING DESCRIPTION
ORD SETTING NJ TRIAL CRTRM 22A 07/27/2012 8 45 A
ORDER GRANTING SHOWING OF GOOD CAUSE (FWOP CALN)
NOTICE:
OF SERVICE FOR FORECLOSURE UNIFORM ORDER .. ETC
WITNESS LIST
PNOl
AND EXHIBIT LIST
ORDER:
TO PLT TO SUBMIT CURRENT, ACCURATE SVC LIST & STAMPED
ORDER OF REFERRAL TO MEDIATION UNIT
ORDER SETTING NON-JURY TRIAL 07/16/2012
ORDER FOR SUBSTITUTION OF COUNSEL
PNOl
AMEND PLEADINGS GRANTED PARTY PLAINTIFF
MOTION:
TO AMENDED PLEADINGS & SUBSTITUTE PARTY PLTF'
NOTICE OF APPEARANCE ATTORNEY:
PNOl
NOTICE HEARING-MOTIONS
MOTION:
AMEND PLEADING
05/09/2012
06/18/2012 9:00 AM
......,
c::::>
,_
<-
c:
r-
w
" 3:
r:::;
0
FWOP NOTICE GENERATED
AFFIDAVIT AS TO ATTORNEY FEES
NOTICE OF FILING:
  #h
AFFO AS TO ATTORNEYS FEES
MOTION:
TO SET ASIDE REINSTATEMENT OF FORECLOSURE COMPLAINT
ORDER FOR REINSTATEMENT OF CASE BK:27345 PG: 785
DNOl DN02 DN03 DN04 DN05
...,,
r-
f'Tl

,,
0
::::¥
::w
rn
n
0


I
191
06'/29/2010
02/02/2010
01/29/2010
01/29/2010
10/29/2009
10/01/2008
09/16/2008
09/16/2008
08/27/2008
08/13/2008
08/13/2008
11/02/2007
11/02/2007
11/02/2007
11/02/2007
11/02/2007
11/02/2007
11/02/2007
10/31/2007
10/30/2007
10/23/2007
10/12/2007
10/02/2007
10/02/2007
10/02/2007
e
MOTION: ATY: 676071 R·
PENDING •
6153
TO REINSTATE.TER AS
NOTICE HEARI OTIONS 04/23/2010 10:00
NOTICE:
OF STATUS
ORDER OF DISMISSAL (F.W.O.P.) BK:27173 PG:3251
DNOl DN02 DN03 DN04 DN05
FWOP NOTICE GENERATED
ORDER:
01/29/2010 3:00 PM
GRANTING MTN TO WITHDRAW AS ATTORNEY
MOTION TO WITHDRAW
NOTICE NOT PROCESSED, CAL FULL 10/01/2008 9:30 AM
MOTION TO WITHDRAW
RECORDED DOCUMENT BK:26534 PG: 755
NOTICE OF DROPPING, JOHN DOE & JANE DOE
NOTICE HEARING-MOTIONS 10/01/2008
SUM RTN NO SVC ON JANE DOE
9:30AM
SUM RTN NO SVC ON JOHN DOE
SERVICE RETURNED
DN04
SERVICE RETURNED
DN03
SERVICE RETURNED
DN02
SERVICE RETURNED
DN05
SERVICE RETURNED
DNOl
BADGE #
BADGE #
BADGE #
BADGE #
BADGE #
ANSWER AND AFFIRMATIVE DEFENSE
DNOl DN05
ANSWER AND AFFIRMATIVE DEFENSE
DN03 DN04
ANSWER
DN02
LIS PENDENS
SUMMONS ISSUED
DN01 DN02
COMPLAINT
CIVIL COVER
DN03 DN04
1497
p
10/17/2007
1497
p
10/17/2007
1442 p 10/11/2007
459
p
10/13/2007
459
p
10/13/2007
ATTORNEY: 197807
ATTORNEY: 88315
ATTORNEY: 37168
BK:25984 PG:l572
DN05
,. .......,
   
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-·+-- c=:: - <et; ,-- ,,_
-
,,... r•'

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-.
192
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a
I ,.--S---w ASHlNGTON MUTUAL BANK,
Plaintiff,
VS.
LESZEK LADOWSKI, et al,
Defendants.
e

IN THE CIRCUIT COURT OF THE
=fttjt4s
RECORDED
I ITH JUDICIAL CIRCUIT, IN AND FOR
DADE COUNTY, FLORIDA
CML DIVISION 10
CASE NO.: 07-33380 CA 10
"

          ORDERONMOTIONTOREINSTATEMATTERASPENDING : '...=
      THIS CAUSE having come before the Court on Plaintiff's Motion to Reinstate Matter as
Court being fully advised in the premises, it is hereby: < g::: N O
\0 AJ
:<()
ORDERED AND ADJUDGED that:
tO __ :.-: ..
I. The above styled Circuit Civil Case is hereby Reinstated as Pending.
2. Plaintiff is hereby allowed to proceed with its Foreclosure Action.
'!.'
N
JUN
2
9 zmo c.n
DONE AND ORDERED in Chambers at Miami, Dade County, f rida, this ____ day of __ _
___ ,2010.
Copies to:
Law Office of Marshall C. Watson
l 800 NW 49lh Street, Suite 120
Fort Lauderdale, Florida 33309
Telephone: (954) 453-0365
Facsimile: (954) 771-6052
Toll Free: 1-800-441-2438
MAILING LIST
LESZEK LADOWSKJ
8141SOUTHWEST170TII TERRACE
MIAMI, FL 33 l 57
JUAN SANCHEZ, ESQ.
ATTORNEY FOR GROVES AT CUTLER HOMEOWNERS ASSOCIATION, INC.
1025! SUNSET DRJVE, #A-106
MIAMI, FL 33173
JORGE TORRECILLA
6420 SW l05TH CT.,
MIAMl, FL 33173
MAGDAL!A TORREECILLA
6420 SW l05TH CT.,
MIAMI, FL 33173
JADWIGA LADOWSKI
8141SOUTHWEST170TH TERRACE
MIAMI, FL 33 157
07-19992
..,,aGJ>,RlTA ESQUIROZ
ID"'' I llT 111nr.F
cmc
193
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e

IN THE CIRCUIT COURT OF THE llTH JUDICIAL CIRCUIT IN AND FOR MIAMI
DADE COUNTY, FLORIDA :2
E
CIVIL DIVISION .,,,., = -r,
=·;; c:_ r=
CASE NO.: 07-33380 ca 10   f== ::·
,
-:-,
•; :.;-· ·:. .- 01
WASHINGTON MUTUAL BANK,

c
Plaintiff,
-vs- MOTION TO SET ASIDE REINSTATEMENT
OF FORECLOSURE COMPLAINT
LESZEK LADOWSKI and
JADWIGA LADOWSKI
Defendants.
The Defendants, LESZEK LADOWSKI and JADWIGA LADOWSKI, file this Motion
to Set aside Reinstatement of Foreclosure Complaint for the following reasons:
1. That on January 29, 2010, this case was dismissed for lack of prosecution.
2. The Law Finn of Marshall C. Watson who represents the bank Washington Mutual, never
did anything to advance the case since August, 2008.
3. After over a year of no activity, this Court issued a Notice of Intent to Dismiss for Lack
of Prosecution in October 29, 2009.
4. The attorneys for Washington Mutual did absolutely nothing again, failing to file a
Statement of Good Cause or to file any pleading even though the court gave them an
additional three months before the hearing to dismiss.
5. At the hearing on January 29, 2010 an attorney for the bank was present and argued
against the dismissal.
6. The judge dismissed the case after hearing the same things that were put in the Ex Parte
J L L l
194
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e

Motion to Reinstate because it was not excusable to fail to respond after the court gave
them three months of notice.
7. Six months after the case was dismissed for lack of prosecution, the office of Marshall C.
Watson went to court ex parte and never sent us a notice of hearing and got an order to
reinstatement our foreclosure case as pending.
8. There is a total lack of consideration for the rules and procedure by not giving notice to
the defendant, doing an ex parte hearing, and reinstating the case six months after it was
dismissed even though there is not new information no new reason and no basis for
reinstating the case.
9. Due to all of the above reasons we request for a hearing to allow us to object and argue
against the Motion to Reinstate Matter as Pending and set aside the order reinstating the
case.
The Defendants, LESZEK LADOWSKI and JADWIGA LADOWSKI, moves this Court
for an order setting aside the court's order to Reinstating this Matter.
A copy was mailed on July 6, 2010 to: Law Office of Marshall C. Watson, 1800 N. W.
49'h Street, Suite 120, Ft. Lauderdale, Florida 33309, Juan Sanchez, Esq. 10251 Sunset Drive,
#A-106, Miami, Florida 33173, Jorge and Magdalia Torrecilla,6420 S. W. 105'h Ct., Miami,
Florida 33173.
LESZEK I
 

·
195
,'
e

WASHINGTON MUTAL BANK
Plaintiff( s ),
v.
LESZEK LADOWKI
Defendant( s ).
e

IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN
AND FOR DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
Judicial Section: 10 .
Case No. 07-33380-CA-01  
,,,,...'_.·; c::::J
TRIAL DATE: July 23, 2frtz·· "'" ::
(NOT SET:)_) .,J.
0
(;S :::;:
c:>
ORDER OF REFERRAL TO MEDIPJION
O'
Pursuant to Chapter 44 of the Florida Statutes, Rules 1.700-1.760 F.R.Civ.P., and
Administrative Order No. 92-39 (entered in Case No. 92-1), the above styled cause is hereby
referred to mediation:
(1) Within fifteen days (ten days plus an additional five days for mailing) of this Order of
Referral, the parties may mutually agree upon the designation of any certified mediator of their
choice. If able to agree, the plaintiff or petitioner shall, within the time period set forth above, file
with the Clerk of the Court, and serve upon the parties, the agreed upon mediator, the
Mediation/Arbitration Division of the 11th Judicial Circuit (address: 73 West Flagler Street, Room
1801, Miami, Florida 33130; telephone: {305) 349-7328), and the trial Judge's Judicial Assistant,
a "Notice of Stipulation of Mediator" which shall identify the name, address, and telephone
number of the mediator agreed upon. Upon filing the "Notice of Stipulation of Mediator", said
Mediator shall be deemed designated to mediate without further Order of Court.
(2) In the event the parties are unable to agree upon the selection of a mediator within
the specified period, he laintiff or petitioner shall make a "Request for Appointment of
Mediator" from the Me 1a ion Msron w1 rn 1ve (5) days thereafter, certifying that
notwithstanding a good faith effort to agree, the parties were unsuccessful in so doing and
requesting said Division to select the next available mediator from the rotating list of Certified
Mediators. Said "Request for Appointment of Mediator" shall be filed with the Clerk of the Court
and copies shall be served upon the Mediation Division, all parties, and the trial Judge's Judicial
Assistant. The Division shall make said selection and file with the Clerk of the Court a "Notice of
Designation of Mediator". The "Request for Appointment" shall be accompanied by a sufficient
number of stamped addressed envelopes in order for the Division to serve the "Notice of
Designation of Mediator" upon the parties, the selected mediator and the trial Judge's Judicial
Assistant. Upon filing of the "Notice of Designation of Mediator", the Mediator selected by the
Division shall be deemed designated to mediate without further order of court.
ORDER OF REFERRAL TO MEDIATION - Case No.: 07-33380-CA-01
Docname: gj_ref_med
Page 1 of2
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3) The appearance of counsel, and each party or representative of each party with
authority to enter into a full and complete c;ompromise and settlement, without further
consultation, is mandatory. If insurance is involved, an adjuster with authority up to the policy
limits or the most recent demand, whichever is lower, shall attend.
(4) The Mediator shall be compensated at a rate of $125.00 per hour (unless otherwise
agreed to by the Mediator and parties), with a two (2) hour minimum, to be divided equally
between all of the parties. This minimum two (2) hour fee shall be paid at least seven (7) days
prior to the scheduled mediation conference, and the balance of the fee, if any, shall be paid at
the conclusion of the conference. Counsel for the respective parties are responsible for financial
arrangements with their clients and timely payment of mediation fees. The mediation conference
shall not exceed (3) three hours, unless the parties otherwise agree and participate longer.
(5) Written notice to the Mediator of any change or cancellation of the scheduled
mediation conference must be given at least 72 hours prior to said conference. Failure to do so
shall result in the imposition of the two (2) hour minimum fee paid by the canceling party to the
Mediator, unless the Court orders otherwise for exceptional circumstances beyond the parties'
control or the Mediator agrees to waive same.
(6) The parties and designated Mediator are ordered and directed to proceed with
mediation in accordance with the Rules of Civil Procedure, which mediation shall be held prior to
commencement of the trial period. If any of the parties fails to comply with the obligations set
forth herein to ensure that mediation is accomplished expeditiously, the Court may, on its own
Motion or on Motion of any party, dismiss the case, strike pleadings, enter default, remove the
case from the trial calendar, or impose any other sanctions that it may deem appropriate under
the circumstances.
•\
DONE AND ORDERED in Chambers, at Miamf. Dad¢ County, Florida, on this 9th day of
May, 2012. . /
PETER R. LOPEZ
CIRCUIT COURT JUDGE
Original to Court File
Copies furnished to:
Mediation Division
CHRISTY , Esq.
If you are a person with a disability who needs any accommodation to participate in this proceeding, you are entitled,
at no cost to you, to the provision of certain assistance. Please contact the Miami-Dade County Court's ADA
Coordinator at Lawson E. Thomas Courthouse Center, 175 N.W. 1st Ave., Suite 2702, Miami, FL 33128, telephone
numbers (305) 349-7175 for voice or (305) 349-7174 for TDD and 349-7355 for fax, within two working days of your
receipt of this document TDD users may also call 1-800-955-8771 for the Florida Relay Service.
ORDER OF REFERRAL TO ME_DIATION - Case No.: 07-33380-CA-01
Docname: gj_ref_med
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IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN
AND FOR DADE COUNTY, FLORIDA

GENERAL JURISDICTION  
Judicial Section: 10 ·,, S:
Case No. 07-33380-CA-01 -

WASHINGTON MUTAL BANK
NON-JURY TRIAL


Plaintiff(s),
v.
LESZEK LADOWKI
UNIFORM ORDER SETIING FOR
NON-JURY TRIAL AND
PRE-TRIAL INSTRUCTIONS
Defendant( s ).
THIS CAUSE is set for Non-Jury Trial before the undersigned Judge in his/her Chambers in
the Dade County Courthouse, 73 West Flagler Street, Miami, Florida, for the four (4) week period
commencing July 23, 2012, or as soon thereafter as the same may be heard.
ALL ATTORNEYS, are directed to appear before the undersigned Judge, at the Dade County
Courthouse, for Call of the Calendar at 11 :00 AM on Monday, July 16, 2012. All attorneys should
be thoroughly familiar with the cause and prepared to consider and determine such matters as are
set forth in Rule 1.200(b). Failure to appear as directed or to otherwise strictly comply with the
terms of this Order may result in sanctions including, dismissing the action, striking the pleadings,
limiting proof or witnesses or taking any other appropriate action. It is further
ORDERED AND ADJUDGED as follows:
1. The parties shall do all things reasonable and necessary to assure the availability of their
witnesses for the entire trial period or to otherwise preserve their testimony for trial as provided by
the Florida Rules of Civil Procedure. See Rules 1.300 and 1.460 F.R.Civ.P. and Rule 2.085 of the
Rules of Judicial Administration.
2. The following shall be done no later than forty-five {45) days prior to the Monday of the
trial period set forth above:
(a) Parties shall furnish opposing counsel with a written list containing the names and
addresses of all witnesses (impeachment, rebuttal or otherwi9e) intended to be called at trial and
only those witnesses listed shall be permitted to testify; further, regarding expert testimony, each
party shall furnish all information required by Rule 1.280(b) (4) (A). Each party is limited to one
expert per specialty. No other expert testimony shall be permitted at trial. A written list identifying all
exhibits intended to be offered shall also be furnished to opposing counsel and only those exhibits
may be offered in evidence. Copies of witness and exhibit lists shall be timely filed with the Clerk of
the Court.
(b) All exhibits to be offered in evidence at trial shall be made available to opposing
counsel for examination and initialing during normal business hours.
ORDER SEITING NON-JURY TRIAL AND PRE-TRIAL INSTRUCTIONS - Case No.: 07-33380-CA-01
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( c) All plaintiff medical evaluations and other examinations pursuant to Rule 1.360 F.
R. Civ.P. shall have been completed.
3. The following shall be done at least fifteen (15} days prior to the Monday of the trial
period set forth above.
(a) All pre-trial motions, depositions noticed for use at trial and/or discovery matters or
proceedings related thereto shall have been completed. Counsel are admonished to undertake,
initiate and/or complete all discovery in such a manner as to comply with the time limitations
set forth herein. No further discovery procedures or depositions for preservation of
testimony shall be allowed without specific leave of Court or court approved written
agreement of counsel. .
(b) Counsel shall meet with a view toward exhausting all efforts to reach a settlement.
4. Counsel shall immediately notify this Court in the event of settlement and submit a
Stipulation for and Order of Dismissal.
5. In the event the Trial of this matter is continued, then each time limitation and provision
contained above shall apply as to the new trial date.
DONE AND ORDERED in Chambers, at Miami, Dade
1
County, Florida, on this 9th day of May,
2012. ;
---------l
PETER R. LOPEZ
CIRCUIT COURT JUDGE
//
ii
!
I
IT IS HEREBY CERTIFIED that a true copy of this Order was mailed to each attorney of
record and/or party appearing without counsel on the above date, as follows:
Original to Court File
Copies furnished to:
CHRISTY , Esq.
"If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision
of certain assistance. Please contact the Eleventh Judicial Circuit Court's ADA
Coordinator, Lawson E. Thomas Courthouse Center, 175 NW 1st Ave., Suite
2702, Miami, FL 33128, Telephone (305) 349-7175; TDD (305) 349-7174, Fax
(305) 349-7355 at least 7 days before your scheduled court appearance, or
immediately upon receiving this notification if the time before the scheduled
appearance is less than 7 days; if you are hearing or voice impaired, call 711."
ORDER SETTING NON-JURY TRIAL AND PRE-TRIAL INSTRUCTIONS· Case No.: 07-33380-CA-01
Docname: gj_ non jury
Page 2 of2
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"IX ASHINGTON :MUTUAL BANK,
Pl 1intiff,
vi
L. LADOWSKI, et al,
D :fendants.
e

IN THE CIRCUIT COURT OF THE
1 JTH JUDICIAL CIRCUIT, IN AND
FOR :MLl\.MI-DADE COUNTY,
FLORIDA
CIVIL DIVISION:
CASE NO.: 07-33380 CA JO
PLAJNTIFF'S WITNESS AND EXHIBIT LIST
PL\INTIFF, JPMORGAN CHA.SE BANK, N.-\TIONAL ASSOCL-\TION, ("Plaintiff'),
by ill through the undersigned counsel, hereby files its Witness and Exhibit List identifying the
  foll nving persons as potential wimesses and documents as exhibits:
WITNESS LIST
L _;\ll parties in the instant action;
2. Records Custodians;
3. Corporate Representative of the Plaintiff, including, but not limited to the following
Liti ;ation Specialist for Plaintiff: Leticia Companioni and David Endara.
4. Any and all witnesses disclosed by any other party, without waiver of any objections by
Plai iriff as to any other party's listing of same;
5. Any witnesses identified during discovery on any document offered into evidence or
pro luced in discovery, without waiver of any objections by Plaintiff as to any other party's listing of
sarr e;
6. Any witness identified in any deposition taken in this matter, without waiver of any
obj· crions by Plaintiff as to any other party's listing of same; and
7. Any newly discovered witnesses.
07-: 9992
119
200
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EXHIBIT LIST
1. Pleadings;
2. Payment history for subject Mortgage;
3. Correspondence between the parties;
4. Original Promissory Note and Mortgage;
5. Documents regarding any advances made under the subject Mortgage.
6. All documents to be disclosed in the discovery process;
7. Notice of Default correspondence; and
8. Any newly discovered Exhibits.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was provided via U.S.
j\h..
Mail to the parties on the attached mailing list this 4-J_ day of __ • 2012.
07-: 9992
Law Offices of Marshall C. Watson, P.A.
Attorneys for Plaintiff
1800 NW 49th Street, Suite 120
Fort Lauderdale, Florida 33309
Telephone: (954) 453-0365
Facsimile:.--- (S66)-651-6098
Toll Free: /:}- 1-243
// l //
By: ....-:: v
120
Kristen Rosenthal, Esq.
Florida Bar Number. 316880
201
)
Managing Attorney
Marshall C. Watson
Associate Attorneys
Bouavone Amphone
Kathleen Angione
Patricia A. Arango
Anissa Bolton
Loura M. Carbo
Linda Cbclvam
Caryn A. Graham
Of Counsel
John A. Watson
October I, 2007
e

(
.
'
)
LAW OFFICES
OF MARSHALL C. WATSON
1800 NORTH WEST 49TH STREET, SUITE #120
FORT LAUDERDALE, FLORIDA 33309
e

Telephone (954) 453-0365
facsimile (954) 771-6052
.i\ssociate Attorneys
Sara J. Hovsepian
Tcnia Hunkr
Scan Moloney
Wm. Dal'id Ne:wmau, Jr.
Mark Olivera
Christina J. Pryor
AmyM.Post
Karen A Thompson
Tia Gibbs
Scott R \\'eiss
NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PR-\CTICES ACT
15 U.S.C. SECTION 1692, AS AMENDED
RE: Property Address:
Owner:
Mortgagor:
Our File#:
8141SW170TH TERRACE MIAMI, FL 33157
0603251380
LESZEK LADOWSKI AND JADWIGA LADOWSK!
LESZEK LADOWSKI AND JADWIGA LADOWSKT
07-19992
1. The Plaintiff, WASHINGTON MUTUAL BANK, is the creditor to whom the debt is owed by
those individuals who are obligated under the promissory note and mortgage.
2. The debtor may dispute the validity of this debt, or any portion thereof, within 30 days ofreceipt
of this Notice. If the debtor fails to dispute the debt within 30 days, the debt will be assumed valid
by the creditor.
3. If the debtor notifies the creditor's law firm in writing within 30 days from receipt of this notice
that the debt, or any portion thereof, is disputed, the creditor's law fum will obtain verification of
the debt, or a copy of a judgment and a copy of the verification will be mailed to the debtor by the
creditor's law firm. Collection efforts, resulting in additional attorney fees and costs however, will
continue during this 30 day period until this office receives the written request for verification.
4. If the creditor named herein is not the original creditor, and if the debtor makes a written request
to the creditor's law firm within 30 days ofreceipt of this Notice, the name and address of the
original creditor will be mailed to the debtor by the creditor's law firm. Collection efforts, resulting
in additional attorney fees and costs however, will continue during this 30 day period until this
office receives the written request for the name and address of the original creditor.
5. As of October 1, 2007, you owe a total amount of $362,906.87 in certified funds. Because of
interest, late charges, 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 adjustment may be
necessary after we receive your certified funds, in which event we will inform you before
depositing the check for collection. For further information, please call 1-800-441-2438.
6. Written requests pursuant to this notice should be addressed to FAIR DEBT COLLECTION
CLERK, Marshall C. Watson, P.A.
07-19992
202
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7. This communication is for the purpose of collecting a debt, and any information obtained from the
debtor will be used for that purpose.
8. The Law does not require me (the debt collector) to wait until the end of the thirty-day period
before suing you (the consumer) to collect this debt Once a lawsuit is commenced, all judicial
remedies will be zealously pursued and attorney fees and costs, which you may be responsible for,
in whole or in part, will be incurred. If, however, you request proof of the debt or the name and
address of the original creditor within the thirty-day period which begins with your receipt of this
letter, the law requires me to suspend my efforts (through litigation or otherwise) to collect the
debt until I mail the requested information to you. Once the requested information is mailed to you
litigation efforts will resume.
9. Even though you are required to file a response to the lawsuit prior to the thirty (30) days, your
validation rights, as set forth in this uotice, shall not expire for thirty (30) days.
07-19992
203
IN THE DISTRICT COURT OF APPEAL
THIRD DISTRICT
LESZEK LADOWSKI, ET AL
Appellant,
vs.
WASHINGTON MUTUAL BANK
Appel lee.
ORIGINAL RECORD ON APPEAL
FROM THE CIRCUIT COURT OF
MIAMI-DADE COUNTY, FLORIDA
CIVIL ACTION CASE NO. 07-33380
DISTRICT COURT CASE NO. 14-79
ALEX F. ARREAZA, ESQ.
ARREAZA LAW FIRM, LLC
320 WEST OAKLAND PARK BLVD.
WILTON MANORS, FL 33311
ATTORNEY FOR APPELLANT
ANDREW ARIAS, ESQ.
P.O. BOX 9908
FORT LAUDERDALE, FL 33310
ATTORNEY FOR APPELLANT
JASON STORRINGS, ESQ.
1800 NW 49TH STREET, STE 120
FORT LAUDERDALE, FL 33309
ATTORNEY FOR APPELLEE
VOLUME II
PAGES 204 TO 258


THE CIRCUIT COURT OF THE 11th
JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
WASHINGTON MUTUAL BANK,
Plaintiff,
vs.
LESZEK LADOWSKI and
JADWIGA LADOWSKI
Defendants.
DEFENDANT'S MOTION TO STRIKE PLAINTIFF'S EXHIBIT LIST
DEFENDANT, LESZEK LADOWSKI, (hereinafter "DEFENDANT") serves
DEFENDANT'S MOTION TO STRIKE PLAINTIFF'S EXHIBIT LIST and as
grounds for this Motion, states the following:
1. On July 31, 2012, Honorable Judge Peter R. Lopez issued the attached
-
Foreclosure Uniform Order ••• EXHIBIT "A"
2. Said Order states, "Failure to .... strictly comply with the terms of this Order
may result in ... limiting proof ••. "
3. On July 18, 2012, Plaintiff filed Plaintiff's Amended Witness and Exhibit List.
EXHIBIT "B"
4. Plaintiff has "thumbed his/her nose at the Court and willfully failed to comply
with the Orders of the Honorable Court, specifically Numbers 1, 2, and 3.
5. As stated in EXHIBIT "A," number 3(a), "Copies of witness and   ~ ~ i b i t list shall
be timely filed with the Court. '[
page one of three pages
204


6. As proof of the Plaintiff's willful failure to comply with the Orders of the
Honorable Court, Defendant is attaching a "Certified Copy of the Official Court Docket
dated September 10, 2012. EXIDBIT "C"
WHEREFORE, the Defendant, based on the showing of the above
documentary evidence for the Plaintifrs willful non-compliance of the Court Orders,
requests a STRIKING OF THE PLAINTIFF'S TOTAL EXHIBIT LIST.
September 11, 2012
Respectfully submitted

LESZEiADOWSKI
8141 S. W. 170TH Terrace
Miami, Florida 33157
Tel: (305) 300-2100
FRCP 1.llO(b) VERIFICATION
UNDER PENALTY OF PERJURY, I declare that I have read the foregoing and
that the facts alleged therein are true and corrct to the best of my   belief.
September 11, 2012
page two of three pages
205


CERTIFICATION
I, Leszek Ladowski, hereby certify that a copy of this MOTION has been furnished
on September 11, 2012 to the following:
Law Offices of Marshall C. Watson, P.A.
1800 N.W. 49th Street - Suite 120
Ft. Lauderdale, FL 33309
Juan Sanchez, Esq.
Attorney for Groves at
Old Cutler Homeowners Association, Inc.
10251 Sunset Dr. #A-106
Miami, FL 33173
Jorge & Migdalia Torrecilla
6420 S.W. 105th Ct
Miami, FL 33173
September 11, 2012
CERTIFIED MAIL
# 7012 0470 0000 8883 8754
CERTIFIED MAIL
# 7012 0470 0000 8883 8761
CERTIFIED MAIL
# 7012 0470 0000 8883 8778
8141 S. W. 170th Terrace
Miami, Florida 33157
Tel: (305) 300-2100
page three of three pages
206
ONTB


IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI DADE COUNTY, FLORIDA
Plaintiff Defendant Case No.
WASHINGTON MUTUAL BANK LESZEK LADOWSKI 2007-33380-CA-01
FORECLOSURE UNIFORM ORDER
SETTING CAUSE FOR NON.JURY TRIAL, and
TRIAL INSTRUCTIONS
ATTORNEY TRYING CASE MUST APPEAR. If unrepresented, the party must appear. FAILURE
TO APPEAR WILL RESULT IN STRIKING OF PLEADINGS, AND DISMISSAL OF CASE OR ENTRY
OF DEFAULT. THE COURT ALSO HEREBY NOTICES THE TIME OF TRIAL
THIS CAUSE is set for Trial before presiding Judge in Courtroom 3-1 of the Miami-Dade
County Courthouse, 73 West Flagler Street, Miami, Florida 33130, commencing Friday,
September 21, 2012 9:30 AM or as soon thereafter as the same may be heard.
NO MOTIONS FOR CONTINUANCE WILL BE HEARD AT TRIAL
All attorneys should be thoroughly familiar with the cause and prepared to consider and
determine such matters as are set forth in Rule 1.200, Fla. R. Civ. P. (2010). Accordingly, said notice
further constitutes your notice of pretrial and case management conference. Failure to appear as
directed or to otherwise strictly comply with the terms of this Order may result In sanctions
including, dismissing the action, striking the pleadings, limiting proof or witnesses or taking
any other appropriate action. It is further
ORDERED AND ADJUDGED as follows:
1. The parties shall do all things reasonable and necessary to assure the availability of their
witnesses for the entire trial period or to otherwise preserve their testimony for trial as provided
by the Florida Rules of Civil Procedure. See Rule 1.300.
2. The following shall be done no later than TWENTY (20) days prior to trial date set forth above:
(a) Parties shall furnish opposing counsel with the names and addresses of all
expert witnesses to be called at trial and all information regarding expert testimony that is
required by Rule 1.280(4)(A). Each party is limited to one expert per specialty. No other expert
testimony shall be permitted at trial. Information furnished pursuant to this paragraph shall be
timely filed with the Clerk of the Court.
(b) All exhibits to be offered in evidence at trial shall be made available to opposing
counsel for examination and initialing.
3. The following shall be done no later than FIFTEEN (15) days prior to the trial date set forth
above:
(a) Parties shall furnish opposing   with a written list containing the names
and addresses of all non-expert witnesses (impeachment, rebuttal or otherwise) intended to be
called at trial and only those witnesses listed shall be permitted to testify. A written list
identifying all exhibits intended to be offered shall also be furnished to opposing counsel and

207
• •
only those exhibits may be offered in evidence. Copies of witness and exhibit lists shall be
timely filed with the Clerk of the Court.
(b) All pre-trial motions, depositions noticed for use at trial and/or discovery matters
or proceedings related thereto shall have been completed. Attorneys are admonished to
undertake, initiate, and/or complete all discovery In such a manner as to comply with the
time limitations set forth herein. No further discovery procedures or depositions for
preservation of testimony shall be allowed without specific leave of Court or Court-
approved written agreement of counsel.
(c) Counsel shall meet with a view toward exhausting all efforts to reach a
settlement.
4. Counsel shall immediately notify this Court in the event of settlement and submit a Stipulation
for and Order of Dismissal. Counsel shall also notify the Court of any pending hearings that will
be canceled as a result of the settlement.
5. In the event the Trial of this matter is continued, then each time limitation and provision
contained above shall apply as to the new trial date.
DONE AND ORDERED th;s 31 day of   2012. A
ORIGINAL

Circuit Court Judge
Original Order signed by Judge is on file with the Clerk's office.
Electronic copy furnished to any below listed recipient(s) by facsimile whose facsimile number(s) is/are
CORRECTLY FORMATTED and listed herein
Served upon:
Attached service list
If you are a person with a disability who needs any accommodation to participate in
this proceeding, you are entitled, at no cost to you, to the provision of certain
assistance. Please contact the Miami-Dade County Court's ADA Coordinator at
Lawson E. Thomas Courthouse Center, 175 N.W. 1st Ave., Suite 2702, Miami, FL
33128, telephone numbers (305) 349-7175 for voice or (305) 349-7174 for TDD and
349-7355 for fax, within two working days of your receipt of this document. If you
are hearing or voice impaired, please call 711 for the Florida Relay Service.
208

WASHINGTON MUTUAL BANK,
Plaintiff,
vs.
LESZEK LADOWSKI, et al,
Defendants.

IN THE CIRCUIT COURT OF THE
11THJUDICIAL CIRCUIT, IN .AND FOR
MIAMI-DADE COUN1Y, FLORIDA
CIVIL DMSION:
CASE NO.: 07-33380 CA to
CERTIFICATE OF SERVICE
PLEASE TAKE NOTICE that the Plaintiff, WASHINGTON MUTUAL BANK, attest that the below is the
CURRENT Service List of Defendants on this case matter:
LAW OFFICES OFMARSHAILC. WATSON, P.A.
1800 NW 49TH STREET, SUITE 120
FORT LAUDERDALE, FLORIDA 33309
LESZEK LADOWSKI
8141 SOUTI!WEST 170TH TERRACE
MIAMI, FL 33157
JU.AN SANCHEZ, ESQ.
ATTORNEY FOR GROVES AT CUTI..ER HOJ.lfEOWNERS ASSOCIATION, INC.
10251 Sl!NSET DRIVE, #A-106
MIAMI, FL 33173
JORGE L. PIEDRA, ESQ.
ATTORNEYFORJORGETORRECIILA
2950 SW 2ITH A VENUE, SUITE 300
l\IJIAMI, FL 33133
JADWIGA LADOWSKI
8141SOUTHWEST170THTERRACE
MIAMI, FI..33157
JORGE L. PIEDRA, ESQ.
AITORNEYFOR MAGDALI.A TORREECIU.A
2950 SW 27TH A VENUE, SUITE 300
MIAMI, FL 33133
UNKNOWN TENANT(S)
8141SW170THTERRACE MIAMI FL
MIAMI, FL 33157
By regular U.S mail this---- day of ____ 2012
07-19992
HARVEY RUVIN
Clerk Of The Circuit Court
By: ____________ _
Deputy Clerk
209

WASHINGTON. MUTUAL BANK,
Plaintiff,
vs.
LESZEK LADOWSKI, et al,
Defendants.

IN THE CIRCUIT COURT OF THE
1 lTH JUDICIAL CIRCUIT, IN AND
FOR MIAMI-DADE COUNTY,
FLORIDA
CIVIL DIVISION:
CASE NO.: 07-33380 CA 10
PLAINTIFF'S AMENDED WITNESS AND EXHIBIT LIST
PLAINTIFF, JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, ("Plaintiff'),
by an through the undersigned counsel, hereby files its Amended Witness and Exhibit List
identifying the following persons as potential witnesses and documents as exhibits:
WITNESS LIST
1. All parties in the instant action;
2. Records Custodians;
3. Corporate Representative of the Plaintiff, including, but not limited to the following
Litigation Specialist for Plaintiff: Rosemary Marin, Marilyn Lea, Peter Katsikas, Leticia Companioni
and David Endara.
4. Any and all witnesses disc1osed by any other party, without waiver of any objections by
Plaintiff as to any other party's listing of same;
5. Any witnesses identified during discovery on any document offered into evidence or
produced in discovery, without waiver of any objections by Plaintiff as·to any other party's listing of
same;
6. Any witness identified in any deposition taken in this matter, without waiver of any
objections by Plaintiff as to any other party's listing of same; and
7. Any newly discovered witnesses.
07-19992
611
210


EXHIBIT LIST
l. Pleadings;
2. Payment history for subject Mortgage;
3. Correspondence between the parties;
4. Original Promissory Note and Mortgage;
5. Documents regarding any advances made under the subject Mortgage.
6. All documents to be disclosed in the discovery process;
7. Notice of Default correspondence; and
8. Any newly discovered Exhibits.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the
Mail to the parties on the attached mailing list this }(JS-day • 2012.
07-19992
Law Offices of Marshall C. Watson, P.A.
Attorneys for Plaintiff
1800 NW 49th Street, Suite 120
Fort Lauderdale, Florida 33309
Telephone: (954) 453-0365
Facsimile: (86 -6098
Toll Free: -44
By:
612
Kristen Rosenthal, Esq.
Florida Bar Number: 316880
  2./.J

211

Case No: 07-33380 CA 10
LESZEK LADOWSKI
8141 SOUTHWEST 170TH TERRACE
MIAMI, FL 33157
JUAN SANCHEZ, ESQ.

MAILING LIST
ATIORNEY FOR GROVES AT CUTLER HOMEOWNERS ASSOCIATION, INC.
10251 SUNSET DRIVE, #A-106
MIAMI, FL 33173
JOHN DOE
8141SOUTHWEST170TH TERRACE
MIAMI, FL 33157
JANE DOE
8141 SOUTHWEST 170TH TERRACE
MIAMI, FL 33157
JORGE L. PIEDRA, ESQ.
A TIORNEY FOR JORGE TORRECILLA
2950 SW 27TH A VENUE, SUITE 300
MIAMI, FL 33133
JADWIGA LADOWSKI
8141 SOUTHWEST 170TH TERRACE
MIAMI, FL 33157
JORGE L. PIEDRA, ESQ.
ATIORNEY FOR MAGDALIA TORREECILLA
2950 SW 27TH A VENUE, SUITE 300
MIAMI, FL 33133
UNKNOWN TENANT(S)
8141 SW 170TH TERRACE MIAMI FL
MIAMI, FL 33157
07-19992
613
212
• •
********************************************************************************
IN THE CIRCUIT COURT
* * CASE NO: 07-033380-CA-Ol
OF THE ELEVENTH JUDICIAL * C A S E * JUDICIAL SECTION: 10
CIRCUIT OF FLORIDA * I N F 0 R M A T I 0 N * ACTION: 2 MORTGAGE FORECLOS
IN AND FOR DADE COUNTY * D 0 C K E T * RECEIPT NUMBER: 112812
** OPEN **
        ~                                                                 ~                                                                                    
CASE STYLE: WASHINGTON MUTUAL BANK PN PLAINTIFF
PK PLAINTIFF AKA
VS DN DEFENDANT
DK DEFENDANT AKA
LADOWSKI, LESZEK GN GARNISHEE
********************************************************************************
PARTY
ATTORNEY
PNOl WASHINGTON MUTUAL BANK
ATTORNEY UNKNOWN
DNOl
DN02
DN03
DN04
DN05
LADOWSKI, LESZEK
ATTORNEY UNKNOWN
JUAN A SANCHEZ
JORGE L PIEDRA
JORGE L PIEDRA
JORGE E BLANCO
GROVES AT CUTLER HOMEOWNERS ASSN INC
TORRECILLA, JORGE
TORRECILLA, MAGDALIA
LADOWSKI, JADWIGA
********************************************************************************
DATE
08/01/2012
07/26/2012
07/26/2012
07/26/2012
07/26/2012
07/23/2012
07/23/2012
07/20/2012
07/18/2012
07/16/2012
07/05/2012
06/19/2012
06/14/2012
06/14/2012
05/18/2012
05/10/2012
05/10/2012
05/10/2012
PLEADING DESCRIPTION
ORD SETTING NJ TRIAL CRTRM 3-1 09/21/2012 9 30 A
MOTION:
FOR APPLICABLE LEAVE OF COURT
AMENDED ANSWER
DNOl
NOTICE OF FILING:
ATTORNEY:88888888
ORIG. SPECIAL LIMITED DURABLE POWER OF ATTY
NOTICE OF FILING:
ORIG. SPECIAL LIMITED DURABLE POWER OF ATTY
ORDD ENTERED OR DUPLICATED IN ERROR
ORDER:
VACATING FORECLOSURE TRIAL SET FOR 7/27/12
PLNT AMENDED WITNESS & EXHIBIT LIST
NOTICE:
OF WITHDRAWAL OF AFFIDAVIT OF INDEBTEDNESS
MOTION FOR SUMMARY JUDGMENT
ORD SETTING NJ TRIAL CRTRM 22A 07/27/2012 8 45 A
ORDER GRANTING SHOWING OF GOOD CAUSE (FWOP CALN)
NOTICE:
OF SERVICE FOR FORECLOSURE UNIFORM ~ ~ E R .. ETC
WITNESS LIST
PNOl
AND EXHIBIT LIST
ORDER:
TO PLT TO SUBMIT CURRENT, ACCURATE SVC LIST & STAMPED
ORDER OF REFERRAL TO MEDIATION UNIT
ORDER SETTING NON-JURY TRIAL 07/16/2012 11:00 AM
ORDER FOR SUBSTITUTION OF COUNSEL ATY:88888888
PNOl
213
04/13/2012
04/13/2012
04/13/2012
04/13/2012
03/14/2012
03/22/2011
03/22/2011
07/06/2010
06/29/2010
06/29/2010
02/02/2010
01/29/2010
01/29/2010
10/29/2009
10/01/2008
09/16/2008
09/16/2008
08/27/2008
08/13/2008
08/13/20'08
11/02/2007
11/02/2007
11/02/2007
11/02/2007
11/02/2007
11/02/2007
11/02/2007
10/31/2007
10/30/2007
10/23/2007
10/12/2007
10/02/2007
10/02/2007
10/02/2007
• AMEND PLEADINGS GRANTED PARTY PLAINTIFF
MOTION:
TO AMENDED PLEADINGS & SUBSTITUTE PARTY PLTF'

NOTICE OF APPEARANCE ATTORNEY:
PNOl
55402
NOTICE HEARING-MOTIONS 05/09/2012 9:00AM LS:Ol/10
MOTION:
AMEND PLEADING
FWOP NOTICE GENERATED
AFFIDAVIT AS TO ATTORNEY FEES
NOTICE OF FILING:
AFFO AS TO ATTORNEYS FEES
MOTION:
06/18/2012 9:00 AM
TO SET ASIDE REINSTATEMENT OF FORECLOSURE COMPLAINT
ORDER FOR REINSTATEMENT OF CASE BK:27345 PG: 785
DNOl DN02 DN03 DN04 DN05
MOTION: ATY: 676071 R: 6153
TO REINSTATE MATTER AS PENDING
NOTICE HEARING-MOTIONS , 04/23/2010 lO:OOAM
NOTICE:
OF STATUS
ORDER OF DISMISSAL (F.W.O.P.) BK:27173 PG:3251
DNOl DN02 DN03 DN04 DN05
FWOP.NOTICE GENERATED
ORDER:
~ 01/29/2010 3:00 PM
GRANTING MTN TO WITHDRAW AS ATTORNEY
MOTION TO WITHDRAW
NOTICE NOT PROCESSED, CAL FULL 10/01/2008 9:30 AM
MOTION TO WLTHBRAW
RECORDED DOCUMENT
NOTICE OF DROPPING, JOHN DOE & JANE DOE
NOTICE HEARING-MOTIONS 10/01/2008
SUM RTN.NO SVC ON JANE DOE
SUM RTN NO SVC ON JOHN DOE
BK:26534 PG: 755
9:30AM
SERVICE RETURNED
DN04
BADGE # 1497
p
10/17/2007
SERVICE RETURNED
DN03
SERVICE RETURNED
DN02
SERVICE RETURNED
DN05
SERVICE RETURNED
DNOl
BADGE #
BADGE #
BADGE #
BADGE #
ANSWER AND AFFIRMATIVE DEFENSE   ~
DNOl DN05
ANSWER AND AFFIRMATIVE DEFENSE
DN03 DN04
ANSWER
DN02
LIS PENDENS
SUMMONS ISSUED
DNOl
COMPLAINT
CIVIL COVER
DN02 DN03 DN04
1497 p 10/17/2007
1442 p 10/11/2007
459 p 10/13/2007
459 p 10/13/2007
ATTORNEY: 197807
ATTORNEY: 88315
ATTORNEY: 37168
BK:25984 PG:l572
DN05
****************************** ************************
-c
(])
0
.0
:::i
Q.
\l)
Cl
214

WASHINGTON MUTUAL BANK,
Plaintiff,
vs.
LESZEK LADOWSKI and
JADWIGA LADOWSKI
Defendants.

THE CIRCUIT COURT OF THE 11th
JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CASE NO.: 07-33380 CA 10
C'.
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DEFENDANT'S VERIFIED MOTION TO STRIKE PLAINTIFF'S WITNESS LIST
DEFENDANT, LESZEK LADOWSKI, (hereinafter "DEFENDANT") serves
DEFENDANT'S VERIFIED MOTION TO STRIKE PLAINTIFF'S WITNESS LIST,
and as grounds for this MOTION, states the following:
1. On July 31, 2012, Honorable Judge Peter R. Lopez issued the attached
Foreclosure Uniform Order .•. EXHIBIT "A"
2. Said Order states, "Failure to ... strictly comply with the terms of this Order
may result in ... limiting proof ... "
3. On July 18, 2012, Plaintiff filed Plaintiff's Amended Witness and Exhibit List.
EXHIBIT "B"
4. Plaintiff has ''thumbed his/her nose at the Court and willfully failed to comply
with the Orders of the Honorable Court, specifically Numbers 1, 2, and 3.
5. As stated in EXHIBIT "A," number 3(a), "Copies of witness anf
1
list shall
be timely filed with the Court. r
page one of three pages
215


6. As proof of the Plaintiff's willful failure to comply with the Orders of the
Honorable Court, Defendant is attaching a "Certified Copy of the Official Court Docket
dated September 11, 2012. EXIDBIT "C"
7. The Court Order stated, "shall furnish ••• names and address of all expert ••• and
all non-expert witnesses." The Order of the Honorable Court did not state that the
Plaintiff may and/or may not decide to furnish the addresses of all expert and/or non-
expert witnesses. The Plaintiff's willful actions of failing to furnish the addresses of
Plaintiff's witnesses stopped the Defendant from his due diligence to obtaining proper
discovery, including and not limited to an independent action against a person not a party
for production of documents. Without the addresses, Defendant was totally
denied due process of Law and seeks appropriate sanctions.
WHEREFORE, the Defendant, based on the showing of the above
documentary evidence for the Plaintiff's willful non-compliance of the Court Orders,
requests a STRIKING OF THE PLAINTIFF'S TOTAL WITNESS LIST.
Respectfully submitted
September 12, 2012
page two of three pages
216


FRCP 1.llO(b) VERIFICATION
UNDER PENALTY OF PERJURY, I declare that I have read the foregoing and
that the facts alleged herein are true and correct to the best of my knowledge and belief •
..,...........,
September 12, 2012
LESZEKL KI
CERTIFICATION
I, Leszek Ladowski, hereby certify that a copy of this MOTION has been furnished
on September 12, 2012 to the following:
Law Offices of Marshall C. Watson, P.A.
1800 N.W. 49th Street - Suite 120
Ft. Lauderdale, FL 33309
Juan Sanchez, Esq.
Attorney for Groves at
Old Cutler Homeowners Association, Inc.
10251 Sunset Dr. #A-106
Miami, FL 33173
Jorge & Migdalia Torrecilla
6420 S.W. 105th Ct
Miami, FL 33173
September 12, 2012
CERTIFIED MAIL
# 7012 1010 0000 5496 0334
CERTIFIED MAIL
# 7012 1010 0000 5496 0341
CERTIFIED MAIL
# 7012 1010 0000 5496 0358
8141 S. W. 170th Terrace
Miami, Florida 33157
Tel: (305) 300-2100
page three of three pages
217
ONTB


IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI DADE COUNTY, FLORIDA
Plaintiff Defendant Case No.
WASHINGTON MUTUAL BANK LESZEK LADOWSKI 2007-33380-CA-01
FORECLOSURE UNIFORM ORDER
SETIING CAUSE FOR NON.JURY TRIAL, and
TRIAL INSTRUCTIONS
ATTORNEY TRYING CASE MUST APPEAR. If unrepresented, the party must appear. FAILURE
TO APPEAR WILL RESULT IN STRIKING OF PLEADINGS, AND DISMISSAL OF CASE OR ENTRY
OF DEFAULT. THE COURT ALSO HEREBY NOTICES THE TIME OF TRIAL.
THIS CAUSE is set for   Trial before presiding Judge in Courtroom 3-1 of the Miami-Dade
County Courthouse, 73 West Flagler Street, Miami, Florida 33130, commencing Friday,
September 21, 2012 9:30 AM or as soon thereafter as the same may be heard.
NO MOTIONS FOR CONTINUANCE WILL BE HEARD AT TRIAL
All attorneys should be thoroughly familiar with the cause and prepared to consider and
determine such matters as are set forth in Rule 1.200, Fla. R. Civ. P. (2010). Accordingly, said notice
further constitutes your notice of pretrial and case management conference. Failure to appear as
directed or to otherwise strictly comply with the terms of this Order may result In sanctions
including, dismissing the action, striking the pleadings, limiting proof or witnesses or taking
any other appropriate action. It is further
ORDERED AND ADJUDGED as follows:
1. The parties shall do all things reasonable and necessary to assure the availability of their
witnesses for the entire trial period or to otherwise preserve their testimony for trial as provided
by the Florida Rules of Civil Procedure. See Rule 1.300.
2. The following shall be done no later than TWENTY (20) days prior to trial date set forth above:
(a) Parties shall furnish opposing counsel with the names and addresses of all
expert witnesses to be called at trial and all information regarding expert testimony that is
required by Rule 1.280(4)(A). Each party is limited to one expert per specialty. No other expert
testimony shall be permitted at trial. Information furnished pursuant to this paragraph shall be
timely filed with the Clerk of the Court.
(b) All exhibits to be offered in evidence at trial shall be made available to opposing
counsel for examination and initialing.
3. The following shall be done no later than FIFTEEN (15) days prior to the trial date set forth
above:
(a) Parties shall furnish opposing counsel with a written list containing the names
and addresses of alt non-expert witnesses (impeachment, rebuttal or otherwise) intended to be
called at trial and only those witnesses listed shall be permitted to testify. A written list
identifying all exhibits intended to be offered shall also be furnished to opposing counsel and
>
218


only those exhibits may be offered in evidence. Copies of witness and exhibit lists shall be
timely filed with the Clerk of the Court.
(b) All pre-trial motions, depositions noticed for use at trial and/or discovery matters
or proceedings related thereto shall have been completed. Attorneys are admonished to
undertake, initiate, and/or complete all discovery in such a manner as to comply with the
time limitations set forth herein. No further discovery procedures or depositions for
preservation of testimony shall be allowed without specific leave of Court or Court-
approved written agreement of counsel.
(c) Counsel shall meet with a view toward exhausting all efforts to reach a
settlement.
4. Counsel shall immediately notify this Court in the event of settlement and submit a Stipulation
for and Order of Dismissal. Counsel shall also notify the Court of any pending hearings that will
be canceled as a result of the settlement.
5. In the event the Trial of this matter is continued, then each time limitation and provision
contained above shall apply as to the new trial date.
. -
DONE AND ORDERED Ihm a1 day a1 July, 2012. A
ORIGINAL
JUOOEFEIEllR.l.CFEZ  
Circuit Court Judge
Original Order signed by Judge is on file with the Clerk's office.
Electronic copy furnished to any below listed recipient(s) by facsimile whose facsimile number(s) is/are
CORRECTLY FORMATTED and listed herein
Served upon:
Attached service list
H you are a person with a disability who needs any accommodation to participate in
this proceeding, you are entitled, at no cost to you, to the provision of certain
assistance. Please contact the Miami-Dade County Court's ADA Coordinator at
Lawson E. Thomas Courthouse Center, 175 N.W. 1st Ave., Suite 2702, Miami, FL
33128, telephone numbers (305) 349-7175 for voice or (305) 349-7174 for TDD and
349-7355 for fax, within two working days of your receipt of this document. If you
are hearing or voice impaired, please call 711 for the Florida Relay Service.
219

WASHINGTON MUTUAL BANK,
Plaintiff,
vs.
LESZEK LADOWSKI, ct al,
Defendants.

IN THE CIRCUIT COURT OF THE
11THJUDICL\L CIRCUIT, IN AND FOR
MIAMI-DADE COUN1Y, FLORIDA
CIVIL DIVISION:
CASE NO.: 07-33380 CA 10
CERTIFICATE OF SERVICE
PLEASE TAKE NOTICE that the Plaintiff, WASHINGTON MUTUAL BANK, attest that the below is the
CUR.RENT Service List of Defendants on this case matter:
LAW OFFICES OFMARSHALLC. WATSON, P.A.
1800 NW 49™ STREET, SUITE 120
FORT LAUDERDALE, FLORIDA 33309
LESZEK LADOWSKI
8141 SOUTHWEST 170TH TERRACE
MIAMI, FL 33157
JUAN SANCHEZ, ESQ.
ATIORNEY FOR GROVES AT CUTI.ER HOMEOWNERS ASSOCIATION, INC.
10251 Sl!NSETDRIVE, #A-106
MIAMI,FL33173
JORGE L. PIEDRA, ESQ.
ATIORNEY FOR JORGE TORRECII.LA
2950 SW 27TH A VENUE, SUITE 300
lMIAJMI, FL 33133
JADWIGA LADOWSKI
8141SOUTHWEST170THTERRACE
MIAMI, FL33157
JORGE L. PIEDRA, ESQ.
ATIORNEY FOR MAGDALIA TORREECII.LA
2950 SW 27TH A VENUE, SUITE 300
MIAMI, FL 33133
UNKNOWN TENANT(S)
8141 SW1701HTERRACE MIAMI FL
MIAMI, FL33157
By regular U.S mail this---- day of ____ 2012
07-19992
HARVEY RUVIN
Clerk Of The Circuit Coutt
Br--------------
Deputy Clerk
220

WASHINGTON. MUTUAL BANK,
Plaintiff,
vs.
LESZEK LADOWSKI, et al,
Defendants.

IN THE CIRCUIT COURT OF THE
11TH JUDICIAL CIRCUIT, IN AND
FOR MIAMI-DADE COUN1Y,
FLORIDA
CIVIL DIVISION:
CASE NO.: 07-33380 CA 10
PLAINTIFF'S AMENDED WITNESS AND EXHIBIT LIST
PLAINTIFF, JPMORGAN CHASE BANK, N   T I O N ~ ASSOCIATION, ("Plaintiff'),
by an through the undersigned counsel, hereby files its Amended Witness and Exhibit List
identifying the following persons as potential witnesses and documents as exhibits:
WITNESS LIST
1. All parties in the instant action;
2. Records Custodians;
3. Corporate Representative of the Plaintiff, including, but not limited to the following
Litigation Specialist for Plaintiff: Rosemary Marin, Marilyn Lea, Peter Katsikas, Leticia Companioni
and David Endara.
4. Any and all witnesses disclosed by any other party, without waiver of any objections by
Plaintiff as to any other party's listing of same;
5. Any witnesses identified during discovery on any document offered into evidence or
produced in discovery, without waiver of any objections by Plaintiff as·to any other party's listing of
same;
6. Any witness identified in any deposition taken in this matter, without waiver of any
objections by Plaintiff as to any other party's listing of same; and
7. Any newly discovered witnesses.
07-19992
611
221


EXHIBIT LIST
1. Pleadings;
2. Payment history for subject Mortgage;
3. Correspondence between the parties;
4. Original Promissory Note and Mortgage;
5. Documents regarding any advances made under the subject Mortgage.
6. All documents to be disclosed iii. the discovery process;
7. Notice of Default correspondence; and
8. Any newly discovered Exhibits.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the
Mail to the parties on the attached m:nmg list this /(JS-day of+--'..;.:::.::....-4'::..__--_, 2012.
07-19992
Law Offices of Marshall C. Watson, P.A.
Attorneys for Plaintiff
1800 NW 49th Street, Suite 120
Fort Lauderdale, Florida 33309
Telephone: (954) 453-0365
Facsimile: (86 -6098
Toll Free: -44
612
Kristen Rosenthal, Esq.
Florida Bar Number: 316880
222

Case No: 07-33380 CA 10
LESZEK LADOWSKI
8141 SOUTHWEST 170TH 1ERRACE
MIAMI, FL 33157
JUAN SANCHEZ, ESQ.

MAILING LIST
ATTORNEY FOR GROVES AT CUTLER HOMEOWNERS ASSOCIATION, INC.
10251 SUNSET DRIVE, #A-106
MIAMI, FL 33173
JOHN DOE
8141SOUTHWEST170TH 1ERRACE
MIAMI, FL 33157
JANE DOE
8141 SOUTHWEST 170TH 1ERRACE
MIAMI, FL 33157
JORGE L. PIEDRA, ESQ.
ATTORNEY FOR JORGE TORRECILLA
2950 SW 27TH A VENUE, SUI1E 300
MIAMI, FL 33133
JADWIGA LADOWSKI
8141SOUTHWEST170TH 1ERRACE
MIAMI, FL 33157
JORGE L. PIEDRA, ESQ.
ATTORNEY FOR MAGDALIA TORREECILLA
2950 SW 27TH AVENUE, SUI1E 300
MIAMI, FL 33133
UNKNOWN 1ENANT(S)
8141SW170TH 1ERRACE MIAMI FL
MIAMI, FL 33157
07-19992
613
223
.• ; •
**************** *************************************************************
IN THE CIRCUIT COURT
* * CASE NO: 07-033380-CA-01
* JUDICIAL SECTION: 10
OF THE ELEVENTH JUDICIAL *
CA S E
CIRCUIT OF FLORIDA
* I N F 0 R M A T I 0 N * ACTION: 2 MORTGAGE FORECLOS
IN AND FOR DADE COUNTY
* D 0 C K E T * RECEIPT NUMBER: 112812
** OPEN **
********************************************************************************
CASE STYLE: WASHINGTON MUTUAL BANK
PN PLAINTIFF
PK PLAINTIFF AKA
VS
DN DEFENDANT
DK DEFENDANT AKA
LADOWSKI, LESZEK
GN GARNISHEE
********************************************************************************
PARTY
ATTORNEY
PNOl WASHINGTON MUTUAL BANK
ATTORNEY UNKNOWN
DNOl LADOWSKI, LESZEK
ATTORNEY UNKNOWN
DN02 GROVES AT CUTLER HOMEOWNERS
ASSN INC JUAN A SANCHEZ
DN03 TORRECILLA, JORGE
JORGE L PIEDRA
DN04 TORRECILLA, MAGDALIA
;,_,;,. JORGE L PIEDRA
DN05 LADOWSKI, JADWIGA
JORGE E BLANCO
********************************************************************************
DATE
08/01/2012
07/26/2012
07/26/2012
07/26/2012
07/26/2012
07/23/2012
07/23/2012
07/20/2012
07/18/2012
07/16/2012
07/05/2012
06/19/2012
06/14/2012
06/14/2012
05/18/2012
05/10/2012
05/10/2012
05/10/2012
PLEADING DESCRIPTION
ORD SETTING NJ TRIAL CRTRM 3-1 09/21/2012 9 30 A
MOTION:
FOR APPLICABLE LEAVE OF COURT
AMENDED ANSWER
ATTORNEY:88888888
DNOl
NOTICE OF FILING:
ORIG. SPECIAL LIMITED DURABLE POWER OF ATTY
NOTICE OF FILING:
ORIG. SPECIAL LIMITED DURABLE POWER OF ATTY
ORDD ENTERED OR DUPLICATED IN ERROR
ORDER:
VACATING FORECLOSURE TRIAL SET FOR 7/27/12
PLNT AMENDED WITNESS & EXHIBIT LIST
NOTICE:

OF WITHDRAWAL OF AFFIDAVIT OF INDEBTEDNESS
MOTION FOR SUMMARY JUDGMENT
ORD SETTING NJ TRIAL CRTRM 22A 07/27/2012 8 45 A
ORDER GRANTING SHOWING OF GOOD CAUSE (FWOP CALN)
NOTICE:
OF SERVICE FOR FORECLOSURE UNIFORM aRDER .. ETC
WITNESS LIST
PNOl
AND EXHIBIT LIST
ORDER:
TO PLT TO SUBMIT CURRENT, ACCURATE SVC LIST & STAMPED
ORDER OF REFERRAL TO MEDIATION UNIT
ORDER SETTING NON-JURY TRIAL 07/16/2012 11:00 AM
ORDER FOR   OF COUNSEL
PNOl
ATY:88888888
224
04/13/2012
04/13/2012
04/13/2012
04/13/2012
03/14/2012
03/22/2011
03/22/2011
07/06/2010
06/29/2010
06/29/2010
02/02/2010
01/29/2010
01/29/2010
10/29/2009
10/01/2008
09/16/2008
09/16/2008
08/27/2008
08/13/2008
08/13/2008
11/02/2007
11/02/2007
11/02/2007
11/02/2007
11/02/2007
11/02/2007
11/02/2007
10/31/2007
10/30/2007
10/23/2007
10/12/2007
10/02/2007
10/02/2007
10/02/2007
• LEADINGS GRANTED PARTY
MOTION:
PLAINTIFF

TO AMENDED PLEADINGS & SUBSTITUTE PARTY PLTF'
NOTICE OF APPEARANCE
ATTORNEY:
PNOl
55402
NOTICE HEARING-MOTIONS
MOTION:
05/09/2012 9:00AM LS:Ol/10
AMEND PLEADING
FWOP NOTICE GENERATED
AFFIDAVIT AS TO ATTORNEY FEES
NOTICE FILING:
AFFO AS TO ATTORNEYS FEES
MOTION:
06/18/2012 9:00 AM
TO SET ASIDE REINSTATEMENT OF FORECLOSURE COMPLAINT
ORDER FOR REINSTATEMENT OF CASE BK:27345 PG: 785
DN02 DN03 DN04 DN05
DNOl
MOTION:
ATY: 676071 R: 6153
TO REINSTATE MATTER AS PENDING
NO'TICE HEARING-MOTIONS 04/23/2010 lO:OOAM
NOTICE!
OF STATUS
ORDER OF DISMISSAL (F.W.O.P.)
BK:27173 PG:3251
DNOl DN02 DN03 DN04 DN05
FWOP NOTICE GENERATED
01/29/2010 3:00 PM
ORDER:
GRANTING MTN TO WITHDRAW  
MOTION TO WITHDRAW
NOTICE NOT PROCESSED, CAL FULL 10/01/2008 9:30 AM
MOTION TO WITHDRAW
RECORDED BK:26534 PG: 755
NOTICE OF'DR0PPING, JOHN DOE & JANE DOE
NOTICE HEARING-MOTIONS 10/01/2008 9:30AM
SUM RTN NO SVC ON JANE DOE
SUM RTN NO SVC ON JOHN DOE
SERVICE RETURNED
DN04
SERVICE RETURNED
DN03
SERVICE RETURNED
DN02.
SERVICE RETURNED
DN05
SERVICE RETURNED
DNOl
BADGE #
BADGE #
BADGE"#
BADGE #
BADGE #
ANSWER AND AFFIRMATIVE DEFENSE
DNOl DN05
ANSWER AND AFFIRMATIVE DEFENSE
DN03 DN04
ANSWER
DN02
LIS PENDENS
SUMMONS ISSUED
DNOl
COMPLAINT
CIVIL COVER
DN02 DN03 DN04
1497
p
10/17/2007
1497
p
10/17/2007
1442
p
10/11/2007
459
p
10/13/2007
459
p
10/13/2007
ATTORNEY: 197807
ATTORNEY: 88315
ATTORNEY: 37168
BK:25984 PG:l572
DN05
******************************
225
..


THE CIRCUIT COURT OF THE 11th
JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
WASHINGTON MUTUAL BANK,
Plaintiff,
CASE NO.: 07-33380 CA 10< ·,
\ '
\
· .. ,)
vs.
LESZEK LADOWSKI and
JADWIGA LADOWSKI
Defendants.
DEFENDANT'S NOTICE OF FILING
DEFENDANT'S AFFIDAVIT
DEFENDANT, LESZEK LADOWSKI, files with the Court the following
original document:
NOTARIZED AFFIDAVIT FROM DEFENDANT REGARDING WASHINGTON
MUTUAL BANK. F. A.. REFUSAL TO ACCEPT MORTGAGE PAYMENT(S)
   
Date
FRCP 1.llO(b) VERIFICATION
UNDER PENALTY OF PERJURY, I declare that I have read the foregoing and
that the facts alleged herein are true and correct to the best of my; and belief.
September 18, 2012
SKI
226
'"
• r
'

CERTIFICATION
I, Leszek Ladowski, hereby certify that a copy of this FILING has been furnished
on September 18, 2012 to the following:
Law Offices of Marshall C. Watson, P.A.
1800 N.W. 49th Street - Suite 120
Ft. Lauderdale, FL 33309
Juan Sanchez, Esq.
Attorney for Groves at
Old Cutler Homeowners Association, Inc.
10251 Sunset Dr. #A-106
Miami, FL 33173
Jorge & Migdalia Torrecilla
6420 S.W. 105th Ct
Miami, FL 33173
September 18, 2012
CERTIFIED MAIL
# IO(O 0000 ..f''f.%
CERTIFIED MAIL
# ?<Jt2.. IP/fl oo•o .14-t' D'372-
CERTIFIED MAIL
# 701;,; f#IO   oas,

8141 S. W. 170th Terrace
Miami, Florida 33157
Tel: (305) 300-2100
page two of two pages
227

WASHINGTON MUTUAL BANK,
Plaintiff,
vs.
LESZEK LADOWSKI and
JADWIGA LADOWSKI
Defendants.
STATE OF FLORIDA:
COUNTY OF MIAMI-DADE:

THE CIRCUIT COURT OF THE 11th
JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CASE NO.: 07-33380 CA 10
AFFIDAVIT
Before me appeared LESZEK LADOWSKI, who under oath states the following:
1) On Friday, July 13. 2007, at approximately 4:15 p.m., I attempted to
make a mortgage payment at the Washington Mutual Bank, F. A., Palmetto Bay branch
located at 15077 South Dixie Highway, Palmetto Bay, Florida 33176.
2) I went to the window of teller #3 at the North end of the Tellers windows.
3) Teller# 3 advised me that she could not take my mortgage payment as
Washington Mutual Bank, F. A., had locked my mortgage account from a payment, and
I would have to see a manager for any further information.
page one of two pages
228
• •
4) I spoke with the Manager on Duty at the time. He checked the computer
records regarding my mortgage and advised that Washington Mutual Bank, F. A., would
no longer accept any mortgage payments from me.
5) This Affidavit is being filed to establish that I was attempting to make a
mortgage payment and was stopped from doing so.
LESZEKL
BEFORE me personally appeared LESZEK LADOWSKI, who executed on the 18th day
of September 2012, this AFFIDAVIT for the purposes herein specified.
WITNESS MY HAND AND SEAL this 18th day of September 2012.
Identification provided by LESZEK LADOWSKI,
is a current Florida Drivers License
NOTARY PUBLIC
page two of two pages
229
. '

WASHINGTON MUTUAL BANK,
Plaintiff,
vs.
LESZEK L.ADOWSKI and
JADWIGA LADOWSKI
Defendants.

THE CIRCUIT COURT OF THE 11th
JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CASE NO.: 07-33380 CA 10
-:m- ,- ', ..
--- .
-
DEFENDANT'S VERIFIED MOTION TO STRIKE PLAINTIFF'S PLEADINGS
AND IMPOSE APPLICABLE SANCTIONS
DEFENDANT, LESZEK LADOWSKI, (hereinafter "DEFENDANT") serves
DEFENDANT'S VERIFIED MOTION TO STRIKE PLAINTIFF'S PLEADINGS
·--,,
' ,)
AND IMPOSE APPLICABLE SANCTIONS. and as grounds for this MOTION, states the
following:
1. During this entire Foreclosure Case Plaintiff has totally and willfully failed to
provide to the Defendant and the Court complete "documented evidence" of the amount
claimed by the Plaintiff to be owed on the mortgage. Even though the Court iD.its
Foreclosure Uniform Order(s) ordered the production of applicable documents to be
provided by the Plaintiff to the Defendant twenty (20) and fifteen (15) days before this
Final Hearing in order for the Defendant to have proper allowable legal time for discovery
and to initial said documents, Plaintiff has totally thumbed his nose at the Order(s) of the
Court and "HAS DONE ABSOLUTELY NOTHING TO PROVIDE CREDITABLE
EVIDENCE AND DOCUMENTATION of the amount Plaintiff says is r ~   and owing."
page one of three pages r
230
- .


2. Defendant has already tiled Motions to:
a) "Strike Plaintiff's Exhibits"
b) "Strike Plaintiff's Witnesses"
3. Both of the above Motions filed by Defendant were for:
Plaintiff's "Failure to •.• strictly comply with the terms of this Order"
(referring to the Foreclosure Uniform Order(s) ••.
4. Plaintiff apparently has the attitude since the Law offices of Marshal C.
Watson paid the Florida Attorney General two million dollars ($2,000,000) as a fine, the
Plaintiff can willfully and intentionally ignore the Order(s) of the Honorable Court.
WHEREFORE, the Defendant, based on the showing of the above
documentary evidence for the Plaintiff's willful and intentional non-compliance of the
Court Orders, Defendant requests a STRIKING OF THE PLAINTIFF'S PLEADINGS
AND THE ISSUANCE OF APPLICABLE SANCTIONS.
September 19, 2012
Respectfully submitted
   
8141 S. W. 170rn Terrace
Miami, Florida 33157
Tel: (305) 300-2100
page two of three pages
231
' ·•


FRCP 1.llO(b) VERIFICATION
UNDER PENALTY OF PERJURY, I declare that I have read the foregoing and
that the facts alleged herein are true and correct to the best of my knowledge and belief.
September 19, 2012 ~
LESZEK W S K  
CERTIFICATION
I, Leszek Ladowski, hereby certify that a copy of this MOTION has been furnished
on September 19, 2012 to the following:
Law Offices of Marshall C. Watson, P.A.
1800 N.W. 49th Street - Suite 120
Ft. Lauderdale, FL 33309
Juan Sanchez, Esq.
Attorney for Groves at
Old Cutler Homeowners Association, Inc.
10251 Sunset Dr. #A-106
Miami, FL 33173
Jorge & Migdalia Torrecilla
6420 S.W. 105th Ct
Miami, FL 33173
September 19, 2012
CERTIFIED MAIL
# 7012 1010 0000 5496 0396
and via facsimile to:
866-651-6098
CERTIFIED MAIL
# 7012 1010 0000 5496 0402
CERTIFIED MAIL
# 7012 1010 0000 5496 0419
Miami, Florida 33157
Tel: (305) 300-2100
page three of three pages
232
IN THE CIRCUIT COURT 0.E
llTH JUDICIAL CIRCUIT 1' D FOR
MIAMI-DADE COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
CASE NO:
Plaintiff( s ),
vs.
Defendant( s ),
----------------'

ANDRE,A
ORDER
GRANTINGIDENYING
PLAINTIFF'SIDEFENDANT'S
THIS CAUSE having come on to be heard on Cou r.\-- e. th
on Plaintiff's/Defendant's Motion
and the Court having heard arguments of counsel, and being otherwise advised in the premises,_ it is IQ:up?n
day of
> (I') r-
,.,, :--·
ORDERED AND ADJUDGED that said Motion be, and the same is -o c
N ---
due_ -\o .,  
DONE AND ORDERED in Chambers at Miami-Dade County, Florida this___..d:_..__\ __
____ , (a r • , ... /
,,.c"'
,
-JfRALo o Conformed Copy
SENIOfi JUDeE
SEP 2 1 2012 SEP 21 2012
Copies furnisheJto: Counsel of Record

117_01-554 3/11
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Electronically Filed 10/31/2013 02:06:01 PM ET
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Electronically Filed 11/15/2013 03:53:20 PM ET
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Electronically Filed 12/17/2013 08:39:10 AM ET
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Electronically Filed 12/17/2013 08:39:10 AM ET
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Electronically Filed 12/17/2013 08:39:10 AM ET
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Filing # 8542853 Electronically Filed 12/23/2013 11:08:30 AM
253
254
255
Filing # 9039375 Electronically Filed 01/10/2014 03:21:39 PM
256
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE
I, HARVEY RUVIN, Clerk, Circuit and County Courts, in and for Miami-
Dade County I Florida, DO HEREBY CERTIFY that the foregoing pages
numbered 1 to 256, inclusive, contain a true and correct recital and
inclusion of such original papers and proceedings in the case of
WASHINGTON MUTUAL BANK Plaintiff(s) VS. LESZEK LADOWSKI, ET AL
Defendant(s), CIVIL ACTION CASE NO. 07-033380 CA as appears from the
records and files of this office that have been directed to be
included in said record.
IN WITNESS WHEREOF, I have set my hand and affixed the Seal of said
Court this 19TH day of February, 2014.
HARVEY RUVIN
Clerk of Courts
Tar on
Deputy Clerk
THIS RECORD, COMPLETED AND FILED IN THE CLERK'S
OFFICE, THIS FEBRUARY 19, 2014, IS TO BE RETAINED
FOR USE BY ATTORNEYS, UNTIL A TIME WHEN SAME IS
TRANSMITTED TO THE THIRD DISTRICT COURT OF APPEAL
LESZEK LADOWSKI, ET AL
APPELLANT,
vs.
WASHINGTON MUTUAL BANK
APPELLEE.
IN THE DISTRICT COURT OF APPEAL
THIRD DISTRICT COURT CASE NO. 14-79
CIRCUIT COURT CASE NO. 07-33380
CERTIFIED COPY OF
ORDERS ON APPEAL
257
258
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE
I, HARVEY RUVIN, Clerk, Circuit and County Courts, in and for Miami-
Dade County I Florida, DO HEREBY CERTIFY that the foregoing pages
numbered 257 to 258, inclusive, contain a true and correct
copy(copies) of the Order(s) appealed numbered to coincide with the
original papers filed in the case of WASHINGTON MUTUAL BANK
Plaintiff(s) vs. LESZEK LADOWSKI, ET AL, Defendant(s), CIVIL ACTION
CASE NO. 07-033380 CA, being as follows, to wit:
PLAINTIFF'S MOTION TO DISMISS AND/OR WITHDRRAW
COUNT I IS HEREBY GRANTED
FILED ON, DEC 12, 2012
according to the records and files of this office.
IN WITNESS WHEREOF, I have set my hand and affixed the Seal of said
Court this 19TH day of February, 2014.
HARVEY RUVIN
Clerk of Courts
IN THE DISTRICT COURT OF APPEAL
THIRD DISTRICT
LESZEK LADOWSKI, ET AL
Appellant,
vs.
WASHINGTON MUTUAL BANK
Appellee.
ORIGINAL RECORD ON APPEAL
FROM THE CIRCUIT COURT OF
MIAMI-DADE COUNTY, FLORIDA
CIVIL ACTION CASE NO. 07-33380
DISTRICT COURT CASE NO. 14-79
ALEX F. ARREAZA, ESQ.
ARREAZA LAW FIRM, LLC
320 WEST OAKLAND PARK BLVD.
WILTON MANORS, FL 33311
ATTORNEY FOR APPELLANT
ANDREW ARIAS, ESQ.
P.O. BOX 9908
FORT LAUDERDALE, FL 33310
ATTORNEY FOR APPELLANT
JASON STORRINGS, ESQ.
1800 NW 49TH STREET, STE 120
FORT LAUDERDALE, FL 33309
ATTORNEY FOR APPELLEE
EXHIBITS
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
I, HARVEY RUVIN, Clerk, Circuit and County Courts, in and
for Miami-Dade County, Florida, DO HEREBY CERTIFY that the
following exhibits are the PLANTIFF(S) or DEFENDANT(S), marked
(February 19, 2014), being as follows, to wit:
PLAINTIFF'S EXHIBITS
EX 1 ORIGINAL NOTE
EX 2 COPY OF MORTGAGE
EX 3 DEMAND - DEFAULT LETTER(S)
EX 4 PAYMENT HISTORY
DEFENDANT'S EXHIBITS
EX A ASSIGNMENT OF MORTGAGE
as reflected by the Clerk's stamps appearing thereon in the case
of LESZEK LADOWSKI, ET AL ,Plaintiff vs. WASHINGTON MUTUAL BANK,
Defendant, CIVIL ACTION CASE NUMBER 07-033380 CA According to
the records and files of this office
IN WITNESS WHEREOF, I have set my hand and affixed the Seal
of said Court this the 19TH day of February, 2014.
HARVEY RUVIN
Clerk of Courts