INTHE CIRCUIT COURT OF THE 18TH JUDICIAL CIRCUIT, IN AND FOR BREVARD COUNTY, FLORIDA CIVIL DIVISION CASENO os-z06]. 1 14 994 ISLE waxes THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC, ALTERNATIVE LOAN TRUST 2006: 16CB_ MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-16CB, Plant, “ RICHARD T_PECKHAM —AK/A = RICHARD PECKHAM, PLANTATION 3 OAKS: HOMEOWNERS. ASSOCIATION = 3 OF BREVARD, INC, UNKNOWN Q 8 TENANT (S), IN POSSESSION OF THE w SUBJECT PROPERTY, en Defendants e = - & 8 COMPLAINT The Plawnuff, THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE ‘CERTIFICATEHOLDERS CWALT, INC , ALTERNATIVE LOAN TRUST 2006-16CB MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-16CB, sues the Defendants named in the caption hereof and alleges counr i 1 This 1s an action to foreclose a mortgage on real property in BREVARD County, Florida (On March 31, 2006, RICHARD T PECKHAM A/K/A RICHARD PECKHAM executed and delivered a promissory note and Purchase Money Mortgage securing payment of the same to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS NOMINEE FOR MFC MORTGAGE, INC OF FL, which mortgage was recorded m the Official Records Book 5626, Page $935, ofthe Public Records of BREVARD County, Florida ‘and which mortgaged the property described therein, then owned by and in possession of said mortgagor Said mortgage was subsequently assigned to, THE BANK OF NEW YORK MELLON FA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC , ALTERNATIVE LOAN TRUST 2006-16CB Case # 05-2009-CA-064566-XXXX-XX ii i 014927025 09-4901410 ) ) ©) @ () MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-16CB A copy ofthe note, assignment and mortgage are attached hereto and made a pat hereof Plauntf s the owner of said note Defendant(s), RICHARD T PECKHAM A/K/A RICHARD PECKHAM, ovin(3) the property “There has been a default under the note and mortgage held by Plaintiff thatthe payment due April 01, 2009 and all subsequent payments have not been made Plamff declares the full amount due under the note and mortgage to be now due All conditions precedent tothe filing ofthis acon has been performed or has occurred ‘There 1s now due, owing and unpaid tothe Plant as ofthe date ofthe filing ofthis complaint the following amounts on principal of said note and morgage unpaid principal balance § 185,169 93, plus interest, escrow, title search expenses for ascertaining necessary partes to ths sun, ttle search, ttle exam, filg fee, and atomeys fees and costs Plaintiff has obligated utself to pay the undersigned attorneys a reasonable fee for theur services herein, Pursuant to the loan documents Plaintiffs entitled to an award of attorneys fees Defendants, as UNKNOWN TENANT(S),1n possession ofthe subject property, may claim some interest n or hen upon the subject property ansing from being in actual possession of same, but interest, sfany, 1s subject and inferior tothe lien of Plan's mortgage ‘The Defendant, PLANTATION OAKS HOMEOWNERS ASSOCIATION OF BREVARD, INC, may claum some mterest m or en upon the subject property by virtue of Any Assessments pursuant to FL Statute 720 3085 WHEREFORE, Plamnnff prays as follows ‘That this Court wall ake junsdiction of this eause, the subyect mater and the partes hereto ‘That this Court ascertan and determine the sums of money due and payable tothe Plaintiff from the Defendant(s) including without limitation principal, interest advances, attorney fees, and costs pursuant tothe loan documents ‘That the sum of money found to be due as aforesaid be decreed by this Court tobe alien upon the lands described in Plamnhff's mortgage “That such len be foreclosed accordance withthe 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 Plamuf, the said land be sold to satisfy said hen ‘That this Court decree tha the lien of the Plamtffs superior to any and allright, title or interest ‘of the Defendants herein or any person or parties clauming by, through or under them since the institution of this suit 09-49014(€) That alé right, ttle or anterest of the Defendants or any person clasming by, through or under them. bbe forever barred and foreclosed (g) Thatthts Court grants general relief un this cause as im its discretion might be just and proper including, but not muted to, a deficiency judgment, except where a discharge 1s applicable, 1f the proceeds of the sale are insufficient to pay Plamuft's ctaxm Law Offices of Marshall C Watson, P A. 1800 N W 49™ Street, Suite 120 Fort Lauderdale, FL 33309 Telephone (954) 453-0365 (800) 441-2438 Facsimile (954) 771-6052 »__ PA Bs Angela Vitugho, Esq Bar Number 51657 Tema C Hunter FBN 0016635 09.49014Managing Attorneys Telephone (954) 453 0365, Marshall © Watson Caryn Graham Facsimile (954) 7716052 Asnonte Atornes eas LAW OFFICES Saar Ba DoF MARSHALL E WATSON eon Res aa alo Kater Reena Nelane Bat Fras Sn oma Ca Bank Won NORTH WEST #THESEREET, SUITE M20 apes Setensr Sea Catee FORT LAUDERDALE, FLORIDA 3809 Grain Serine Nout Came fatew Ssa Ss Clo asm lines Cele yan Sp oer im Sm Sanaie Boncnia Ga Spas Charen on Kaen A“Thonpsoe Irons Ne! Vaden ae Gap AsacateAuornys smote Atorness Lesvandeant Chek Gaal “ames Kart "anna eal see Vo omy crn Bran Koval ‘a Mile Sco Wen CaGune ane Kan ace ern Daw Wane Sten ines aes Man Praca Moxa Mona A Water Ma Holntrg Sean A Maral Cha icy Setter Net Marner rb Naser “ena Hance Nes argo vim Oi Newman J ocean Vans sbi Mice anor Rebeca Nien ste wacoe October 20, 2009 RE NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT 15 USC SECTION 1692, AS AMENDED. Property Address 479 MACON DRIVE TITUSVILLE, FL 32780 Owner RICHARD T PECKHAM A/K/A RICHARD PECKHAM MorgagorDIXIEB MACKEY A/K/A DIXIE MACKEY AND RICHARD T PECKHAM A/K/A RICHARD PECKHAM Our File # 09-49014 ‘The Plamnuff, THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS. ‘TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC , ALTERNATIVE LOAN TRUST 2006-16CB MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-16CB, 1s the creditor to whom the debt 1s owed by those mndividuals who are obligated under the promissory note and mortgage ‘The debtor may dispute the vahdity ofthis debt, or any portion thereof, within 30 days of receipt ofthis Notice Ifthe debtor fais to dispute the debt within 30 days, the debt will be assumed valid by the creditor Ifthe debtor notifies the creditors law firm 1n weting within 30 days from receipt ofthis notice thatthe deb, or any portion thereof, is disputed, the creditors law firm will obtain verification of the debt, ora copy of a judgment and a copy ofthe verification will be mailed to the debtor by the creditors law firm Collection efforts, resulting in addtional attorney fees and costs however, will continue during this 30 day period unt thi office receives the wntten request for verification 09-490144. Ifthe creditor named herein isnot the original creditor, and ifthe debtor makes a written request to the creditors law firm within 30 days of receipt of this Notice, the name and address of the original creditor wall be mailed to the debtor by the creditor's law firm Collection efforts, resulting ‘maddrtional attorney fees and costs however, will continue during this 30 day period until this office receives the written request for the name and address ofthe original creditor 5 As of October 20, 2009, you owe a total amount of $164,547 06 mn 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, 1n which event we will inform you before depositing the check for collection For further information, please call 1-800-441-2438 6 Whitten requests pursuant to this notice should be addressed to FAIR DEBT COLLECTION CLERK, Marshall © Watson, P A 7 This communication 1 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 want until the end of the thirty-day period before suing you (the consumer) to collect this debt Once a lawsuit 1s commenced, all udeial remedies will be zealously pursued and attorney fees and costs, which you may be responsible for, 1m whole or in part, will be incurred If, however, you request proof ofthe debt or the name and address ofthe original ereditor within the thity-day period which begins with your recexpt ofthis 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 1s mauled t0 you Luugation efforts wall resume 9 Even though you are required to file a response to the lawsuit prior tothe thirty (30) days, your validation rights, as set forth inthis notice, shall not expire for thirty (30) days. 09-49014§ moka efenc sa anf shay a retS pee ADAMS TITLE, INC : ‘TO 4510 LIPSCOMB STREET NE, #3 seam brpnedy MFC MORTGAGE INC OF FL a Sst TRAFALOAR COURT SUITE 30 W Eee MAITLAND, FLORIDA 32751 ee OR BookiPage 5626 / 5935 ater FC MORTGAGE INC OF FL Cor ISI TRAFALGAR COURT SUITE 320 W coer rot lca MAITLAND, FLORIDA 3275! #Pos 13 ‘tNames 4 Tust 700 "Rec" 1500 Ser 000 wa Bs aoe ere Loan Number ; Wiehe Non OOOO 220859 MORTGAGE berwtrions iets wed lle sens of ue ae died blow and ie wor ar dtd n Son 3, 13,1, 2 and 21 Certain rules regarding the usage of words used sn this document are also provided in Section 16 (A) "Security Instrument” means this document, which 1s dated MARCH 31 2006 together with all Riders so this document (B) "Borrower" 5 DIXIE B_ MACKEY, AN UNMARRIED WOMAN “Borrower is the mortgegor under this Security Instrument 4% AND RICHARD 7. PECKHAN, AN UNMARRIED MAN (C) "MERS" 1s Morigage Electronic “Regisirauon ‘Systems, Inc MERS 1s & separate corporation thats actng solely a8 & nominee for Lender and Lender's successors and assigns -MERS 1s the mortgagee under this Security Instrument MERS 1s organized and existing under the laws of Delaware, and hasan address and telephone number of PQ Box 2026, Fhint MI 48501-2026 tel (888) 679-MERS (D) "Lender" 1s MFC MORTGAGE INC OF FL Lender isa CORPORATION organized and exisuing under the laws of FLORIDA Lender s address is 851 TRAFALGAR COURT SUITE 320 W, MAITLAND, FLORIDA 32751 (6) "Note" ineans the promssory note signed by Borrower and dated MARCH 31, 2006 The Note stares that Borrower owes Lender ONE HUNDRED SIXTY-ONE THOUSAND TWENTY AND 00/100ths Dollars (U $ $161,020 00) plus iterest Borrower has promised to pay cis debt in regular Periodic Payments and to pay the debt in full not later than APRIL. 1, 2036 (F) "Property" means the property that 1s deseribed below under the heading "Transter ot Rights un the Property (©) “Loan means the debt evidenced by the Note, plus merest any prepayment charges and late charges due under the Note and all sums due under ths Securty Instrument, plus interest (H) "Riders" means all Riders to this Security Instrument that are exccuted by Borrower The following Riders are to be executed by Borrower [check box es applicable] Gaduustable Rate Rider CCondomunum Rider second Home Rider {Batioon Rider WWPlanned Uns Development Riéer OMe (Specfy] Cli Farmly Rider Biweekly Payment Rider vite hee Wie FLORIDA Single Fannly Fannie MaelPreddve Mac UNIFORM INSTRUMENT Form 3010 1/01 (page J of 1 pages) ISSS3i LAT ae Srocawre 8626 / 5936 (D “Applicable Law" means all controlling applicable federal, state and local statutes regulations ordinances and admunustrative rules and orders (hat have the effet of law) as well as ali applicable final, non appealable judicial opinions W) "Community Association Dues, Fees, and Assessments" means all dues, fees assessments and other charges that are ‘imposed on Borrower or the Property by a condomuntum association, homeowners association or simular organization (K) "Eleecrome Funds Transfer" means any transfer of funds, other than a transaction ongineted by check, draft, or similar paper instrument, which is initiated through an electronic termunal, telephonic instrument, computer, oF magnetic tape SO a5 tO forder, instruct, or authorize @ financial insuitution to debit or credit an account Such term includes but isnot Lumited to pomntof-sale Wansfers, automated teller machine transactions, transfers unitated by telephone, wate transfers, and automated clearinghouse transfers (L) "Escrow Items" means those stems that are described in Section 3 (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages or proceeds pasd by any third party (other than insurance proceeds paid under the coverages described in Section 5) for (a) damage to, or destruction of, the Property, (u) condemnation or other taking ofall or any part ofthe Property, (it) conveyance in lieu of condemnation, oF (iv) ‘musrepresentations of or omissions as to, the value and/or condition of the Property (N) "Mortgage Insurance’ means insurance protecting Lender against the nonpayment of, or default on, the Loan (0) *Periodie Payment® means the regulatly scheduled amount due for (1) principal and interest under the Note, plus (1) any amounts under Section 3 of this Security Insrument (P) "RESPA" means the Real Esiate Settlement Procedures Act (12 USC $2601 et seq ) and us implementing regulation, Regulation X (24 C FR Part 3500), as they mught be amended from time to time, or any additional or successor legislation or regulation that governs the same subject maser As used in this Secunty Instrument, "RESPA" refers to all requirements and restrictions that ace imposed in regard to a "federally related mortgage loan’ even ifthe Loan does not quahify as a “federally related mortgage loan’ under RESPA {Q "“Suecessor im Interest of Borrower” means any party that has taken title to the Property, whether or not that party has assumed Borrower § obligations under the Note and/or this Security Instrument ‘TRANSFER OF RIGHTS IN THE PROPERTY This Secunty Instrument secures to Lender (j) the repayment of the Loan, and all renewals extensions and modsfications of the Note, and (u) the performance of Borrower s covenants and agreements under this Secunty Instrument and the Note |For this purpose, Borrower does hereby mortgage, grant and convey fo MERS (solely as nominee for Lender and Lender's successors ‘and assigns) and (0 the successors and assigns ot MERS, the following described property located in the County of _ BREVARD = (Type of Recording lunsdienon) [Name of Recording Fursdieton} wv jie LOT 48, PLANTATION OAKS OF BREVARD, PHASE FOUR, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 52, PAGES 43 AND 44, INCLUSIVE, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA ‘which currently has the address of _479 MACON DRIVE ~Biseet) ‘TITUSVILLE. __ Flonds 32780 ___( Property Adress ) al (ip Coe] =. FLORIDA ule Family Fannve Mae/Fredéie Mac UNIFORM INSTRUMENT Form 3010 VOL (age 2of11 pages) LPeT on BoowPage 5626 / 5937 FLORIDA Single Faimly Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010/04 Ypage 3 of 11 pages) der the Note shall not‘oN 2006099232 oR woowPae 5626 / 5938 premiums in accordance with the provisions of Secon 10 These ems are called "Escrow lems * AL origination or at any fume during the term of the Loan Lender may require that Community Association Dues Fees, and Assessments if any be eserowed by Borrower, and such dues, fees and assessments shall be an Escrow Item Borrower shall promptly furnish t0 Lender all notices of amounts 10 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, f Lender requires, shall furmish to Lender receipts evidencing such payment within such lume 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 inthis Secunty Instrument, a8 the phrase covenant and agreement” 1s used sn Section 9 It Borrower 1s obligated to pay Escrow Items directly, pursuant to a wawver, and Borrower fails to pay che amount due for an Escrow liem, Lender may exercise 1s rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 10 repay t0 Leider any such amount Lender may revoke the waiver as to any or all Escrow Items at ‘any time by a notice gwen 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 permt 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 esrnate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow ems or otherwise in avcordance with Applicable Law ‘The Funds shall be held in an insucuuion whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, af Lender 1s an insutution whose deposis are so insured) or mn any Federal Home Loan Bank Lender shall apply the Funds to pay the Escrow Items no later than the nme specified under RESPA Lenéer 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 permis Lender to make such a charge Unless an agreement 1s made in writing or Applicable Law requires interest so be paid on the Funds, Lender shall not be required 10 pay Borrower any interest oor earnings on the Funds Borrower and Lender can agree in writing, however, that interest shall be pard on the Funds Lender shall give to Borrower, without charge, an annus! accounting of the Funds as required by RESPA If there 1s @ surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower tor the excess funds 1n accordance with RESPA If there 1s a shortage of Funds held in escrow, as defined under RESPA, Lender shall nowy Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage mn accordance with RESPA but in no more than 12 monthly payments If there s @ deficiency of Funds held in escrow as cefined under RESPA, Lender shall. nouty Borrower as required by RESPA, and Borrower shall pay to Lender the amount nevessary to make up the defictency in accordance with RESPA, but m no more than 12 monthly payments ‘Upon payment in full ofall sums secured by thus Secunty Instrument, Lender shall promptly refund to Borrower any Funds held by Lender 4 Charges, Liens Borrower shall pay all anes assessments charges fines, and umposittons attnbutabie to the Property ‘which can attain prionty over this Security Instrument, leasehold payments or ground rents on the Property ifany and Community Association Dues, Fees, and Assessments, any To the extent that these tems are Escrow Items Borrower shall pay them in the manner provided in Section 3 Borrower shell prompily discharge any lien which has prionty over this Security Instrument unless Borrower (a) agrees in wring to the payment of the obligation secured by the lien 1m a manner acceptable to Lender, but only so long as Borrower 1s 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 whule those proceedings are pending, but fonly until such proceedings are concluded, or (c) secures from the holder of the len an agreement satisfactory to Lender subordinating the lien to this Securay Instrument If Lender determines that any part of the Property »s subject to alien which can attain prionty over this Security Instrument, Lender may give Borrower a notce identifying the lien Wuthin 10 days of the date on which that notice 1S given, Borrower shall satisfy the len or take one or more of the acuons set forth above inthis Section 4 Lender may requite Bortower to pay a one-time charge fora rel estate tax verification and/or reporting service used by Lender in connection with this Loan € ete, “pee sorover is APRS FLORIDA. Single Fariy~Fanie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01 (page 4 of! pages)