HomeMy WebLinkAboutOrders_Code Enforcement_12/01/2016_Karen and Roger Buckwalter CODE COMPLIANCE ORDER
VILLAGE OF TEQUE5TA, FLORIDA
ORDER FINDING VIOLATION
& PERMITTING CONTINUING ABATEMENT
VILLAGE OF TEQUESTA, Case No. 2016-00091
Petitioner,
vs.
KAREN AND ROGER
BUCKWALTER,
Respondent.
RE: Volation of Chapter 30 Article II Section 30-33, Chapter 78 Article IX Section 78-397 o,f'
the Code of Ordinances of the Village of Tequesta and Section 302.7 of the IPMC, adopted
through Section 14-121 of the Code of Ordinances of the Vllage of Tequesta.
Address: . 48 Wingo Street
Tequesta, Florida 33469
Legal Description: TEQUESTA PINES LT 9
PCN: 60-42-40-25-25-000-0090
The Special Magistrate appointed by the Village Council to hear code compliance cases for the
Village of Tequesta, in accordance with Chapter 162, Florida Statutes, heard testimony at the Code
Compliance Hearing held on December 1, 2016. Based on the evidence and testimony presented, the
following Findings of Fact, Conclusion of Law, and Order Finding Violation & Permitting
� Continuing Abatement are hereby entered:
FINDING5 OF FACT
1. Respondents were present at the hearing. Notice was proper.
2. Joe Petricic, Village Code Compliance Off'icer, provided testimony and evidence of the
violations and ease status, as contained in the Village's evidentiary case file, which was
accepted into evidence.
3. At the hearing on December 1, 2016 and based on testimony presented by the Village
Code Compliance O�cer, Respondents are still in violation of Chapter 30 Article II
Section 30-33, Chapter 78 Article IX Section 78-397 of the Code of Ordinances of the
Village of Tequesta and Section 302.7 of the IPMC, adopted through Section 14-121 of
the Code of Ordinances of the Village of Tequesta, and the condition of the pool and
� overgrowth presents a serious threat to the health, safety, and welfare of the residents of
the Village.
CONCLUSION OF LAW
The above-stated facts constitute a continuing violation of Chapter 30 Article II Section 30-33,
Chapter 78 Article IX Section 78-397 of the Code of Ordinances of the Village of Tequesta and
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Section 302.7 of the IPMC, adopted through Section 14-121 of the Code of Ordinances of the Village
of Tequesta.
ORDER '
Respondents are ordered to comply with Chapter 30 Article II Section 30-33, Chapter 78 Article
IX Section 78-397 of the Code of Ordinances of the Village of Tequesta and Section 302.7 of the
IPMC, adopted through Section 14-121 of the Code of Ordinances of the Village of Tequesta, within
seven (7) days, by December 8, 2016. If �the Respondents fail to achieve compliance on or before
December 8, 2016, a daily fine of up to One Hundred Dollars ($100.00) per day may be imposed
for each day the violation continues to exist.
If the Violations regarding the pool condition and overgrown vegetation are not compliant on
December 8, 2016, then the Village may abate the violations of Chapter 30 Article II Section 30-33,
Chapter 78 Article IX Section 78-397 of the Code of Ordinances of the Village of Tequesta and
Section 302.7 of the IPMC, adopted through Section 14-121 of the Code of Ordinances of the Village
of Tequesta, which pose a threat to the life, safety, and welfare of the residents of the Village, by
taking reasonable actions concerning the condition of the pool and height of the weeds and
overgrowth in order to alleviate the dangerous conditions that such an attractive nuisance and
vegetation issues present to surrounding areas pursuant to legislative authority granted to the Village
by section 162.09, Florida Statutes. Such abatement action by the Village shall not create a
continuing obligation or any present or future liability for any damage to the property that may result
from such good faith attempts to abate the violations. AdditionalTy, the Village may continue to abate
the nuisance in the future whenever the pool conditions and height of the vegetation and overgrowth
. again violate Village Code as documented in the code enforcement files for the property. The Village
may also later request a fiiie assessment hearing on this matter in order to recover the costs of these
abatement activities by the Village.
Respondents are also assessed $182.96 for administrative costs incurred by the Village on
December 1, 2016. '
Please take notice that you must appear at the Fine Assessment Hearing which will be held on the
January 26, 2017 at I0:00 a.m. at Village Hall, Council Chambers, 345 Tequesta Drive, Tequesta,
Florida 33469, unless the Code Enforcement Officer certifies that you have timely brought your
property into compliance.
Should you violate the same Section of the Code again, you may be subject to a fine of up to Five
Hundred Dollars ($500.00) per day for such repeat violation. Additionally, the Code Inspector is not
required to give a reasonable time to correct the repeat violation and the case may be presented to the
Special Magistrate even if the repeat violation has been corrected prior to the Special Magistrate
hearing.
Upon complying in any code compliance matter, it is always the responsibility of the
Respondents to contact the Code Compliance Division at (561) 768-0506 to request a
reinspection of the property.
DONE AND ORDERED THIS � day of Dece 6.
BY:
a of 3
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KEVIN WAGNER, SPECIAL MAGISTRATE
Filed ��ith Villa�e Clerk
Date: 1 �
By: �L�,
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Page 3 of 3
Lori McWilliams
From: Mitty Barnard <mitty@davislawteam.com>
Sent: Wednesday, June 7, 2023 4:54 PM
To: Latoya Thompson
Cc: Jose Rodriguez; Dylan Brandenburg; Lori McWilliams
Subject: [EXTERNAL] RE: Status of Payment Case No. 2016-00091
**This Email was sent from an external source. Please be mindful of its content"
Latoya,
Ok, thank you. If the Village received payment on the lien, there is no need to answer the Foreclosure Complaint
received as we do not need to preserve our entitlement to the lien amount owed.
We should also release the lien given payment. Please advise if ok to proceed with preparing and recoding the release
and I will proceed accordingly.
Thank you,
Amity R. Barnard, Esquire
Associate Attorney
A JkSSOC1;jaEa_
701 Northpoint Parkway, Suite 205
West Palm Beach, Florida 33407
Tel: (561) 586-7116, Ext. 2702
Email: mitts@davislawteam.com
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Wninciale-Hubbell'
,.F PREEMINENT
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Incoming a -mails are filtered which may delay receipt. This e-mail is personal to the named recipient(s) and may be privileged and confidential. If you are not the
intended recipient, you received this in error. If so, any review, dissemination, or copying of this e-mail is prohibited. Please notify us immediately by e-mail and
delete the original message.
From: Latoya Thompson <Ihompson@tequesta.org>
Sent: Wednesday, June 7, 2023 1:18 PM
To: Mitty Barnard <mitty@davislawteam.com>
Cc: Jose Rodriguez <jrodriguez@tequesta.org>; Dylan Brandenburg <Dylan@davislawteam.com>
Subject: RE: Status of Payment Case No. 2016-00091
1
Good Afternoon Mitty,
I looked further into the case and according to the notes payment was received. However the case was handled by a
previous Code Officer. See attached.
Latoya
From: Mitty Barnard <mitty@davislawteam.com>
Sent: Tuesday, June 6, 2023 12:00 PM
To: Latoya Thompson <Ihompson@tequesta.org>
Cc: Jose Rodriguez <iodriguez@tequesta.org>; Dylan Brandenburg <Dvlan@davislawteam.com>
Subject: [EXTERNAL] RE: Status of Payment Case No. 2016-00091
"*This Email was sent from an external source. Please be mindful of its content"
Latoya,
Thank you, can you confirm the total amount owed that you system shows?
Thank you,
Amity R. Barnard, Esquire
Associate Attorney
701 Northpoint Parkway, Suite 205
West Palm Beach, Florida 33407
Tel: (561) 586-7116, Ext. 2702
Email: mitts@davislawteam.com
xsr'
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iCiCAr. ;aa7VfXt
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Incoming a -mails are filtered which may delay receipt. This e-mail is personal to the named recipient(s) and may be privileged and confidential. If you are not the
intended recipient, you received this in error. If so, any review, dissemination, or copying of this e-mail is prohibited. Please notify us immediately by e-mail and
delete the original message.
From: Latoya Thompson <Ihompson@tequesta.org>
Sent: Friday, June 2, 2023 11:33 AM
To: Mitty Barnard <mitty@davislawteam.co_m_>
N
Cc: Jose Rodriguez <iodriguez@teguesta.org>; Dylan Brandenburg <Dylan@davislawteam.com>
Subject: RE: Status of Payment Case No. 2016-00091
Good morning Mitty,
After further research, the Order Assessing Fine (1863.09) for case # 2016-00091 remains outstanding/unpaid and there
are no other liens on the property.
Latoya
From: Mitty Barnard <mitty@davislawteam.com>
Sent: Friday, June 2, 2023 8:18 AM
To: Latoya Thompson <Ihompson@teguesta.org>
Cc: Jose Rodriguez <iodriguez@tequesta.org>; Dylan Brandenburg <Dylan davislawteam.com>
Subject: [EXTERNAL] Status of Payment Case No. 2016-00091
Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files.
"This Email was sent from an external source. Please be mindful of its content**
Good morning Latoya,
Can you confirm whether the amounts in the attached Order Assessing Fine in Case No. 2016-00091 remain
outstanding/unpaid?
Also, do your records indicate any other liens on this property? I have searched our files as well as the public record and
do not find any others but want to be sure you are in agreement.
Thank you,
Amity R. Barnard, Esquire
Associate Attorney
DAvis &
AssociATES, P.A.
701 Northpoint Parkway, Suite 205
West Palm Beach, Florida 33407
Tel: (561) 586-7116, Ext. 2702
Email: mitts davislawteam.com
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&tartitxiare-tiubbett'
PREEMINENT-
LPIh R't Kt��
..CITY, Ct�4fif7�. kc
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***` CASE NUMBER: 502023CA010456XXXXMB Div: AE ****
Filing # 173504250 E-Filed 05/18/2023 06:00:31 PM
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CIVIL ACTION
WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT
INDIVIDUALLY BUT SOLELY AS TRUSTEE FOR
FINANCE OF AMERICA STRUCTURED SECURITIES
ACQUISITION TRUST 2019-HB1,
Plaintiff,
VS.
ROGER J. BUCKWALTER AKA ROGER
BUCKWALTER, et al,
Defendant(s).
CIVIL ACTION SUMMONS
THE STATE OF FLORIDA:
TO EACH SHERIFF OF THE STATE:
UO�
CASE NO.:
DIVISION:
VC
YOU ARE COMMANDED to se is Summons and a copy o the Complaint and Notice of Lis Pendens in this lawsuit upon
the below -named Defendant:
VILLAGE OF TEQUES
c/o Authorized Agent
345 Tequesta Dr.
Tequesta, FL 33469
IMPORTANT
The defendant is required to serve written defense the complaint to Plaintiffs omey, whose address is P.O. box 23028, Tampa, FL
33623, within (20) days after service of this summons o t defendant, excl a of the day of service and to file the original of the
defenses with the clerk of this court either before service on plain ey or immediately thereafter. If a defendant fails to do so, a
default will be entered against that defendant for the relief demanded in the complaint.
PLAINTIFF/PLAINTIFF'S ATTORNEY:
Albertelli Law
servealaw@albertcllilaw.com
Albertelli Law
P.O. Box 23028
Tampa, FL 33623
(813)221-4743
DATED on May 22 2023 2023
Clerk of Circuit Court JOSEPH ABRUZZO
By:
-23-004204 Deputy clerk Sandrine Grab
*See Attachment for Spanish and French translation
*See Attachment for Americans with Disabilities Act
PROVEST, INC.
EMAIL ISSUED SUMMONS TO: SERVEALAW@ALBERTELLILAW.COM
•ram
c/o Author
.._._I BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 05/18/2023 06:00:31 PM
IMPORTANT
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 William Hutchings Jr., MPA, PHR, the Americans with Disabilities Act
Coordinator, Pahn Beach County Courthouse, 205 North Dixie Highway West Palm Beach, Florida 33401; telephone number (561) 355-
4380 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.
IMPORTANTE
Usted ha sido demandado legalmente. Tiene veinte (20) dias, contados a partir del recibo de esta notification, para contestar la demanda
adjunta, por escrito, y presentarla ante este tribunal. Una Ilamada telefonica no to protegera; si usted desea que el tribunal considere su
defensa, debe presentar su respuesta por escrito, incluyendo el numero del caso y los nombres de las panes, interesadas en dicho caso. Si
usted no contesta la demanda a tiempo, pudiese perder el caso y podria ser despojado de sus ingresos y propiedades, o privado de sus
derechos, sin previo aviso del tribunal. Existen otros requisitos legales. Si to desea, puede usted consultar a un abogado immediatamente
Si no conoce a un abogado, puede Ilamar a una de las oficinas de asistencia legal que aparecen en la guia telefonica.
Si usted es una persona minusvalida que necesita algun acomodamiento para poder participar en este procedimiento, usted tiene derecho, sin
tener gastos propios, a que se le provea cierta ayuda. Tenga ]a amabilidad de ponerse en contacto con William Hutchings Jr., MPA, PHR,
205 N. Dixie Highway, West Palm Beach, Florida 33401; telefono nirmero (561) 355-4380, por to menos 7 dias antes de la vita frjada para
su comparecencia en los tribunales, o inmediatamente despu6s de recibir esta notification si el tiempo antes de la comparecencia que se ha
programado es menos de 7 dias; si usted tiene discapacitaci6n del oido o de la voz, llame al 71 L"
IMPORTANT
Des poursuites judiciaries ont ete entreprises contre vous. Vous avez (20) jours consecutifs a partir de la date de 1'assignation de cette
citation pour deposer une reponse ecrite a la piainte ci jointe aupres de ce Tribunal. Un simple coup de telephone est insuffrsant pour vous
proteger; vous etes oblige de deposer votre reponse ecrite, avec mention du numero de dossier ci-dessus et du nom des parties nommees ici,
si vous souhaitez que to Tribunal entende votre cause. Si vous ne deposez pas votre reponse ecrite dans le relai requis, vous risquez de
perdre la cause ainsi que votre salaire, votre argent, et vos biens peuvent etre saisis par la suite, sans aucun preavis ulterieur du Tribunal. Il
y a d'autres obligations juridiques et vous pouvez requerir les services immediats d'un advocat. Si vous ne connaissez pas d'avocat, vous
pourriez telephoner a un service de reference d'avocats ou a un bureau d'assistance juridique (frgurant a 1'annuaire de telephones). Si vous
choisissez de deposer vous-meme une reponse ecrite, it vous faudra egalement, en meme temps que cette formalite, faire parvenir ou
expedier une copie au carbone ou une photocopie de votre reponse ecrite au Plaintiff/Plaintiff s Attorney (Plaignant ou a son avocat) nomme
ci-dessous.
Si ou se you mown ki enfrm ki bezwen akomodasyon you w ka patisipe nan pwosedi sa, ou kalifye san ou pa gen okenn lajan you w peye,
gen pwovizyon you jwen k6k ed. Tanpri kontakte William Hutchings Jr., MPA, PHR, k donate pwogram Lwa you ameriken ki Enfrm yo
nan Tribinal Konte Palm Beach la ki nan 205 North Dixie Highway, West Palm Beach, Florida 33401; telef n li se (561) 355-4380 nan 7
jou anvan dat ou gen randevou you par& nan tribinal la, oubyen imedyatman apre ou fin resevwa konvokasyon an si 16 ou gen you w partit
nan tribinal ]a mwens ke 7 jou; si ou gen pwoblem you w tande oubyen pale, rele 71 L"
Go Author
IN TI IE CIRCUIT COURT FOR THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
IN RE: STANDING ORDER FOR
CASE MANAGEMENT FOR SUBMISSION
OF AGREED CASE MANAGEMENT PLAN FOR
CASES FILED ON OR AFTER APRIL 30, 2021
STANDING ORDER FOR CASE MANAGEMENT AND SUBMISSION OF AGREED
CASE MANAGEMENT PLAN IN CIVIL CASES
IN THE FIFTEENTH JUDICIAL CIRCUIT FILED ON OR AFTER APRIL 30, 2021
DCMSO
Pursuant to Florida Rule of Civil Procedure 1.200(a), Florida Rule of General Practice and
Judicial Administration 2.545, and Administrative Order 3.107 entered by the Chief Judge of this
Circuit, the parties are informed of the following information and procedures applicable to civil
lawsuits filed in the Circuit Court on or after April 30, 2021:
1. SERVICE OF THIS ORDER. The Plaintiff is directed to serve a copy of this Order
with each Summons issued in this case. One copy of this Order is to be filed with the Clerk of the
Circuit Court with proof of service.
2. CIVIL CASE MANAGEMENT SYSTEM. The Supreme Court of Florida has
established guidelines for the prompt processing and resolution of civil cases. This Court has
adopted a case management system to help meet those guidelines. In contested cases, the parties
are required to participate in the case management system. The case management system requires
early consultation and cooperation among the parties for the preparation and submission of an
Agreed Case Management Plan and early involvement by the Court. The Agreed Case
Management Plan requires the parties to identify a case track, confer in good faith and attempt to
narrow the matters in controversy, identify the issues that require direct involvement by the Court;
and establish a schedule for addressing those issues' The Agreed Case Management Plan may be
accessed at the Court's website at: lions://I5theircuit.com/civil-differentiated-forms-and-orders.
Unless all of the Defendants have been served and have been defaulted or dropped, an Agreed
Case Management Plan must be submitted to the assigned divisional queue via the Court's online
scheduling system (OLS) as an attachment, in PDF format, to a proposed Order Accepting Agreed
Case Management Plan on or before 130 days from the date of filing of the initial complaint. If
the parties are unable to agree on an Agreed Case Management Plan by the applicable deadline, a
i Case Track options include Expedited, Streamlined, General, or Complex. Case Tracks have been
established in order to comply with the case disposition standards set forth in Florida Rule of General
Practice and Judicial Administration 2.250(a)(1)(B).
case management conference will be scheduled by the Court or the Court will review and issue an
Order Implementing Case Management Plan without agreement of the Parties. No matters that
arise as a result of this standing order, including lack of agreement, will be set on the Court's
Uniform Motion Calendar and will, instead, be settled by the Court either at the case management
conference or via an Order Implementing Case Management Plan without agreement of the parties.
If a case management conference is scheduled, attendance by trial counsel and those parties who
are not represented by counsel is mandatory.
If all Defendants are served and defaulted or dropped, the Plaintiff will file the appropriate
documentation to pursue a Default Final Judgment within 130 days of the filing of the complaint
and Final Judgment is to be entered or set for hearing within 150 days of the filing of the complaint.
3. MEDIATION/ALTERNATIVE DISPUTE RESOLUTION (ADR). ADR
provides parties with an out -of -court alternative to settling disagreements. Mediation is a type of
ADR wherein an independent third party attempts to arrange a settlement at a conference between
the parties. The Court requires the parties to participate in Mediation prior to trial unless the parties
agree to another form of ADR.
DONE AND ORDERED in Chambers at West Palm Beach, Palm Beach County,
Florida, on this 26 day of April, 2021.
Administrative Circuit Judge
Court Case Number 50-2023-CA-0 1 0456-XXXX-M B
IN THE CIRCUIT COURT OF THE FIFTEENTH
JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA
CIVIL ACTION
WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT INDIVIDUALLY BUT
SOLELY AS TRUSTEE FOR FINANCE OF AMERICA STRUCTURED SECURITIES
ACQUISITION TRUST 2019-HBI,
Plaintiff,
VS.
CASE NO.:
DIVISION:
ROGER J. BUCKWALTER AKA ROGER BUCKWALTER; UNITED STATES OF AMERICA ACTING THROUGH
SECRETARY OF HOUSING AND URBAN DEVELOPMENT; VILLAGE OF TEQUESTA; TEQUESTA PINES PROPERTY
OWNERS ASSOCIATION, INC.; UNKNOWN PARTY #l, UNKNOWN PARTY #2, UNKNOWN PARTY #3, AND UNKNOWN
PARTY 94, THE NAMES BEING FICTITIOUS TO ACCOUNT FOR PARTIES IN POSSESSION
Defendant(s)
NOTICE OF LIS PENDENS
To the above -named Defendant(s) and all others whom it may concern:
You are notified of the institution of this action by WILMINGTON SAVINGS FUND SOCIETY, FSB, not individually but
solely as trustee for FINANCE OF AMERICA STRUCTURED SECURITIES ACQUISITION TRUST 2019-HB 1, against you seeking
to foreclose a mortgage on the following property in Palm Beach County, Florida:
LOT 9, TEQUESTA PINES, ACCORDING TO THE PLAT THEREOF AS RECORDED PLAT BOOK 34, PAGE 84, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
A/K/A 48 WINGO STREET TEQUESTA FL 33469
Dated this 18 day of May 12023.
Albertelli Law
P.O. Box 23028
Tampa, Florida 33623
(813)221-4743
Eservice: servealaw@albertellilaw.com
By. /s/ Lauren Heggestad
Florida Bar #85039
Lauren Heggestad, Esq.
- 23-004204 - T 10005
Court Case Number 50-2023-CA-010456-XXXX-MB
IN THE CIRCUIT COURT OF THE FIFTEENTH
JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA
CIVIL ACTION
WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT CASE NO.:
INDIVIDUALLY BUT SOLELY AS TRUSTEE FOR
FINANCE OF AMERICA STRUCTURED SECURITIES DIVISION:
ACQUISITION TRUST 2019-HBI,
Plaintiff,
vs.
ROGER J BUCKWALTER A/KJA ROGER BUCKWALTER; UNITED STATES OF AMERICA ACTING
THROUGH. SECRETARY OF HOUSING AND URBAN DEVELOPMENT; VILLAGE OF TEQUESTA;
TEQUESTA PINES PROPERTY OWNERS ASSOCIATION, INC.; UNKNOWN PARTY #1, UNKNOWN
PARTY #2, UNKNOWN PARTY #3, AND UNKNOWN PARTY #4 THE NAMES BEING FICTITIOUS TO
ACCOUNT FOR PARTIES IN POSSESSION
Defeadant(s).
COMPLAINT FOR FORECLOSURE
Plaintiff Wilmington Savings Fund Society, FSB, not individually but solely as trustee for Finance Of
America Structured Securities Acquisition Trust 2019-BE 1, sues the Defendants, Roger J. Buckwalter a/Va Roger
Buckwalter; United States of America Acting through Secretary of Housing and Urban Development; Village of
Tequesta; Tequesta Pines Property Owners Association, Inc.; Unkwwm Party 41, Unknown Party #2, Unknown
Party #3, and Unknown Party #4, the names being fictitious to account for parties in possession, and alleges:
COUNT I MORTGAGE FORECLOSURE
1. This is an action to foreclose a reverse mortgage on real property located and situated in Palm
Beach County, Florida.
2. Plaintiff, Wilmington Savings Fund Society, FSB, not individually but solely as trustee for
Finance of America Structured Securities Acquisition Trust 2019-BB 1, is the holder of the Note.
3. On October 26, 2012, Roger J. Buckwalter, Karen R. Buekwaiter, deceased, ("Borrower")
executed and delivered an Adjustable Rate Note ('Note") and a Mortgage ("Mortgage") securing the payment of the
Note. The Mortgage was recorded on November 9, 2012 in Official Records Book 25585 at Page 0695 of the Public
Records of Pain Beach County, Florida and mortgaged the property described in the mortgage then owned by and in
possession of the mortgagor(s). Copies of the Note and Mortgage are attached hereto and incorporated herein as
Composite Exhibit "A".
4. On or about March 7, 2019, Borrower Karen R. Buckwalter died. Borrower Roger J. Buckwalter
a/k/a Roger Buckwalter failed to perform an obligation under the terms of the loan by failing to maintain taxes
and/or adequate insurance on the subject property. The Secretary of Housing and Urban Development approved this
occurrence as grounds for acceleration on the debt on or about March 29, 2022.
23-004204
5. Plaintiff declares the full amount to be due and payable pursuant to the note and mortgage.
6. The property is now owned by Defendant, Roger J. Buckwalter a/k/a Roger Buckwalter.
7. Plaintiff is due at least $143,484.59 in principal, plus future advances.
8. All conditions precedent to the acceleration of the note and foreclosure of the mortgage have
occurred or been performed, waived or excused.
9. Plaintiff has retained the law firm of Albertelli Law, to represent them in this action and has
agreed to pay them a reasonable fee and costs for their services.
10. The interests of each Defendant named herein are subject, subordinate, and inferior to the right,
title, interest, and lien of Plaintiffs Mortgage.
11, Roger J. Buckwalter a/k/a Roger Buckwalter may have or claim an interest in the Property that is
the subject of this Foreclosure action by virtue of that certain Warranty Deed as recorded in Official Records Book:
2993, Page: 1680, or may otherwise claim and interest in the Property.
12. United States of America acting through Secretary of Housing and Urban Development might
have some interest in or lien in the subject property by virtue of that certain Mortgage as recorded on November 9,
2012 in Official Records Book: 25585, Page: 0708. The interest of said defendant is subordinate, junior, and inferior
to the interest of the Plaintiff. A copy is hereto and incorporated herein as Exhibit "B".
13. Village of Tequesta may have or claim an interest in the Property that is the subject of this
Foreclosure action by virtue of that certain Order Assessing Fine as recorded in Official Records Book: 28897,
Page: 1240, or may otherwise claim and interest in the Property.
14. " Tequesta Pines Property Owners Association, Inc. may have or claim an interest in the Property
that is the subject of this Foreclosure action by virtue of any lien filed pursuant to the Declaration of Covenants and
Restrictions and any amendments thereto, or may otherwise claim and interest in the Property.
15. Unknown Party #1, Unknown Party #2, Unknown Party #3 and Unknown Party #4, the names
being fictitious to account for parties in possession who may claim some interest in the Property that is the subject of
this foreclosure action by virtue of an unrecorded lease or purchase option, by virtue of possession, homestead rights
not readily apparent from a review of the public records or may otherwise claim an interest in the Property. The
names of these Defendants are currently unknown to the Plaintiff.
WHEREFORE, Plaintiff, Wilmington Savings Fund Society, FS13, not individually but solely as trustee
for Finance Of America Structured Securities Acquisition Triust 2019-BB 1, prays:
a) This Court take jurisdiction of this cause, the subject matter and the parties hereto,
b) The Court determine the amount due to Plaintiff from Defendants and that such amounts be declared a lien
upon the subject property,
c) The Court enter a judgment foreclosing the mortgage lien, and, upon the Defendants' failure to pay the
amount due to Plaintiff by a date certain, that this Court order that said real property be sold in accordance
with the law and practice of the Court so that Plaintiff's mortgage lien is satisfied,
d) The Court determine that the Plaintiffs interest is superior to the rights, title and interests of the Defendants
named herein or any other person or party claiming by or through or under them since the filing of the Lis
FX1 01:1 I-11
Pendens and that the rights, title and interests of said Defendants be absolutely barred and foreclosed;
e) This Court retain jurisdiction of this action to make any and all further orders and judgments as justice
requires, including but not limited to, the issuance of a writ of possession.
VERIFICATION OF COMPLAINT
Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and
correct to the best of my knowledge and belief.
Executed on this Day of MAY 17 M3 , 2023.
Compu-Link Corporation, d/b/a Celink as Attorney -
In -Fact for Wilmington Savings Fund Society, FSB,
not individually but solely as trustee for Finance Of
America Structured Securities Acquisition Trust
2019-IiB 1
By: �.-
Print Name: Brandy Diaz
Title: Assistant Secretary
Plaintiff, by and through the undersigned attomey, prays this honorable Court grant the above requested
relief and such other relief deemed appropriate and just.
Albertelli Law
P.O. Box 23028
Tampa, Florida 33623
(813)221-4743
(813) 221-9171 facsimile
eService: servealaw@albertellilaw.com
By: /s/ Lauren Heggestad
Florida Bar #85039
Lauren Heggestad, Esq.
23-004204
EXHIBIT A
CERTIFICATION OF POSSESSION OF ORIGINAL HOME EQUITY NOTE
The undersigned hereby certifies:
1. That the Plaintiff is in possession of the original Home Equity Note upon which the
action is brought.
2. The location of the original Home Equity Note is Albertelli Law, 5404 Cypress
Center Dr., Tampa, FL 33609. Counsel has been retained to represent WILMINGTON
SAVINGS FUND SOCIETY, FSB, not individually but solely as trustee for FINANCE OF
AMERICA STRUCTURED SECURITIES ACQUISITION TRUST 2019-HBI in legal
proceedings to enforce a Home Equity Note secured by a property located at 48 Wingo Street
Tequesta, FL 33469.
3. The name of the person giving the certification is: Alma Santos, Document
Custodian for Albertelli Law.
4. The name of the person who personally verified such possession is Alma Santos.
5. The time and date on which possession was verified were: 4:01 PM 4/19/2023.
6. Correct copies of the Home Equity Note (and, if applicable, all endorsements,
transfers, allonges, or assignments of the Home Equity Note) are attached to this certification.
7. I give this statement based on my personal knowledge.
Under Penalty of perjury, I declare that I have read the foregoing Certification of
Possession of Original Home Equity Note and that the facts stated in it are true.
Name: Alma Santos
Title: Document Custodian
State of FLORIDA
ADJUSTABLE -RATE NOTE
(Home Equity Conversion)
October 26, 2012 FHA Case Na
Loan No.
MIN:1009400-00050057154
48 WINGO STREET, TEQUESTA, Florida 33469 (Property Address)
1. DEFINITIONS
"Borrower" means each person signing at the end of this Note. "Lender" means American Advisors
Group and its successors ind assigns. "Secretary" means the Secretary of Housing and Urban
Development or his or her authorized representatives.
2. BORROWER'S PROMISE TO PAY; INTEREST
In return for amounts io be advanced by Lender to or for the benefit of Borrower under the terms of a
Home Equity Conversion Loan Agreement dated'Oetober 26, 2012 ("Loan Agreement"), Borrower
promises to pay to the order of Lender a principal amount equal to thd stun of all Loan Advances made
under the Loan Agreement with interest. All amounts advanced by Lender, plus interest, Knot not due
earlier, are due and payable on April 26, 2100. Interest will be charged on unpaid principal at the rate of
Two AND Seven Hundred Eleven Thousandth percent (2.711 %) per year until the full amount of
principal has been paid. The interest rate may change in accordance with Paragraph 5 of this Note.
Accrued interest shall be added to the principal balance as a Loan Advance at the end of each month.
3. PROMISE TO PAY SECURED
Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is
dated the same date as this Note and called the "Security Instrument." That Security Instrument protects
the Lender from losses which might result if Borrower defaults under this Note.
4. MANNER OF PAYMENT
(A) Time
Borrower shall pay all outstanding principal and accrued interest to Lender upon receipt of a
notice by Lender requiring immediate payment -in -full, as provided in Paragraph 7 of this Note.
(B) Place
Payment shall be made at American Advisors Group, 3800 W Chapman Ave, 3rd Floor,
Orange, CA 92968 or any such other place asLender ender may designate in writing by notice to
Borrower.
(C) Limitation of Liability
Borrower shall ?rave no personal liability for payment of the debt. lender shall enforce the debt
only through sale of the Property covered by the Security Instrument ("Property"). If this Nate is
assigned to the Secretary, the Borrower gall not be liable for any difference between the
mortgage insurance benefits paid to Lender and the outstanding indebtedness, including accrued
interest, owed by Borrower at the time of the assignment.
S. INTEREST RATE CHANGES
(A) Change Date
The interest rate may change on January 1, 2013 and on the first day of each succeeding
month. "Change Date" means each date on which the interest rate could change.
(B) The Index
Beginning with the first Chanoe Date. the interest rate will be based on an Index. The "index"
P%c 1 ar4 NECM tint Now
means the average of interbank offered rates for one -month U.S. dollar -denominated deposits in
London market ("LIBOR"), as published in The Wall Street Journal, rounded to three digits to the
right of the decimal point. The "Current Index" means the most recent Index figure available 30
days before the Change Date, and if the day that is 30 days before the Change Date is not a
Sunday or Monday and not the fast business day of the week, the Current Index will be the Index
as published the first business day of that week. Ifthe day that is 30 days before the Change Date
is a Sunday or Monday and not the first business day of the week, the Current Index will be the
Index as published the first business day of the immediately prior weds. If the Index (as defined
above) is no longer available, Lender will use as a new Index any index prescribed by the
Secretary. Lender will give Borrower notice of the new Index.
(C) Calculation of Interest Rate Changes
Before each Change Date, Lender will calculate a new interest rate by adding a margin of Two
AND Fifty Hundredth percentage points (2.500%) to the current index. Subject to the limit
stated in Paragraph 5(D) of this Note, this amount will be the new interest rue until the next
Change Date.
(D) Limit on Interest Rate Changes
The interest rate will never increase above Twelve AND Seven Hundred Eleven Thousandth
percent (12.711 °/.)
(E) Notice of Changes
Lender will give notice to Borrower of any change in the interest rate. The notice must be given
at least 25 days before the new interest rate takes effect, and must set forth (1) the date of the
notice, (it) the Change Date, (iii) the old interest rate, (iv) the new interest rate, (v) the Current
Index and the date it was published, (vi) the method of calculating the adjusted interest rate, and
(vii) any other information which may be required by law from time to time.
(F) Effective Date of Changes
A new interest rate calculated in accordance with paragraphs S(C) and S(D) of this Note wit
become effective on the Change Date, unless the Change Date occurs less than 25 days after
Lender has givers the required notice. if the interest rate calculated in accordance with Paragraphs
S(C) and 5(D) of this Note decreased, but Lender failed to give timely notice ofthe decrease and
applied a higher rate than the rate which should have been stated in a timely notice, then Lender
shall recalculate the principal balance owed under this Note so it does not reflect any excessive
interest.
G. DORROWEWS RICHTTO PREPAY
A Borrowerhas the right to pay the debt evidenced by this Note, in whole or in part, without charge or
penalty. Any amount of debt prepaid will first be applied to reduce the principal balance of the Second
Note described in Paragraph I I of this Note and then to reduce the principal balance of this
All prepayments of the principal balance shall be applied by Lender as follows:
to that portion of the principal balance representing aggregate payments for mortgage
insurance premiums;
Secondto that portion of the principal balance representing aggregate payments for servicing
fees;
Third to that portion of the principal balance representing accrued interest due under the Note;
and
Fourth to the remaining portion of the principal balance. A Borrower may specify whether a
prepayment is to be credited to that portion of the principal balance representing monthly
payments or the line of credit. If Borrower does not desimme which portion of the principal
1-4.2 oft RW%l Fits NM
balance is to be prepaid, Lesder shall apply any partial prepayments to an existing line of credit
or create a new lime of credit.
7. IMMEDIATE PAYMENT -IN -FULL
(A) Death or,Sale
Lender may require immediate payment -in -full of all outstanding principal and accrued interest
if.
(i) A Borrower dies and the Property is not the principal residence of at least one
surviving Borrower, or
(ii All of a Borrowers title in the Property (or his orher beneficial interest in a trust
owning all or part of the Property) is sold or otherwise transferred and no other Borrower
retains title to the Property in fee simple or retains a leasehold under a lease for not less
than 99 years which is renewable or a lease having a remainarg period of not less than 50
years beyond the date of the 100th birthday of the youngest Borrower or retains a life
estate (or retaining a beneficial interest in a trust with such an interest in the Property),
(B) OtberGrounds
Lender may require immediate payment -in -full of all outstanding principal and accrued interest,
upon approval by an authorized representative of the Secretary, if-
(i) The Property ceases to be the principal residence of a Borrower for reasons other than
death and the Property is not the principal residence ofat least one other Borrower;
(ii) For a period of longer than 12 consecutive months, a Borrower fails to physically
occupy the Property because of physical or mental iUnm and the Property is not the
principal residence of at least one other Borrower, or
(ii) An obligation of the Borrower under the Security Instrument is not performed.
(C) Payment of Costs and Expeam
If Lender has required immediate payment -in -full as describedabove, the debt enforced through
sale of the Property may include costs and expenses, incjuding reasonable and customary
attorney's fees, associated with enforcement of this Note to the extent not prohibited by
applicable law. Such fees and costs shall bear interest from the date of disbursement at the saute
rate as the principal of this Note.
A Trusts
Conveyance of a Borrower's interest in the Property to a trust which meets the requirements of
the Secretary, or conveyance of a trust's interests in the Property to a Borrower, shall not be
considered a conveyance for purposes of this Paragraph. A trust shall not be considered an
occupant or be considered as having a principal residence for purposes of this Paragraph.
& WAIVERS
Borrower waives the rights of presehtment and notice of dishonor. "Presentment" means the right to
require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require
Lender to give notice to other persons that amounts due have not been paid.
9. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to Borrower tatder this
Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address
above or at a different address if Borrower has given Lender a notice of Borrower's different address.
Any notice that must begiven to Lender under this Note will be given by rust class mail to Lender at the
address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different
address.
Page 3 of 4 HecM Fine Now
10.OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully obligated to keep all of the promises made
in this Note. Lender may enforce its rights under this Note only through sale of the Property.
It. RELATIONSHIP TO SECOND NOTE
(A) Second Note
Because Borrower will be required to repay amounts which the Secretary may make to or on
behalf of Borrower pursuant to Section 255 (1)(1 XA) of the Nstional Housing Act and the Loan
Agreement, the Secretary has required Borrower to grant a Second Note to the Secretary,
(B) Relatien4hip of Secretary Payments to this Note
Payments made by the Secretary shall not be included in the debt due under this Note unless:
(i) This Note is assigned to the Secretary; or
(ii) The Secretary accepts reimbursements by the Lender for all payments made by the
Secretary.
If the circumstances described in (i) or (ii) occur, then all payments by the Secretary,
including interest on the payments, shall be included in the debt.
(C) Effect out Borrower
Where there is no assignment or reimbursement as described in (B) i) or (ii) and the Secretary
makes payments to Borrower, then Borrower shall not:
(i) Be required to pay amounts owed under. this Note until the Secretary has required
Payment -in -full of all outstanding principal and accrued interest under the Second Note
held by the Secretary, notwithstanding anything to the contrary in Paragraph 7 of this
Note; or
(ji) Be obligated to pay interest under this Note at any time, whether accrued before or
after the payments by the Secretary, and whether or not accrued interest has been included
in the principal balance of this Note, notwithstanding gnything to the contrary in
Paragraphs 2 or 5 of this Note or any Allonge to this Now.
12. DOCUMENTARY STAMPTAX
Florida documentary stamp tax in the amount required by law has been paid in connection with the
recording of the mortgage in favor of Lender securing the indebtedness evidenced by this Note.
BY SIGNING BELOW, Borrower, accepts and agrees to the terms and covenants contained in this Note.
(SEAL) S,
EN R. sUCI WALTEft Date
f (SEAL) 10 t Los i k
ROGER . BUCKWALTER Date
Page 4 04 HFCM First NM
Allonge
Loan Number.
FHA Case Number:
_-
Borrower•Name(s):
KAREN R. and ROGER J. BUCKWALTER
Property Address:
48 WINGO STREET
TEQUESTA, Florida 33469
Note(Loan Amount:
S382,4MQ0
Note/Loan Date:
30/26/2012
PAY TOTHE ORDER OF -
Urban Financial Group, Ins.
139M S. Yale Ave.
?idea, OK 74137
WITHOUT RECOURSE ,
Company Name- American Advisors Group
Signature:
Name: FRANCISCO GEORGE
Title: POST CLOSING SUPERVISOR
P*0I orI AYmP _MG
Allonge
Loan Number:
FHA Case Number:
Borrower Name(s):
KAREN R. and ROGER J. BUCKWALTER
Property Address:
48 WINGO STREET
TEQUESTA, Florida 33469
NotelLoan Amount:
$382,500.00
Note/Loan Date:
10126/2012
PAYTO THE ORDER OF. -
WITHOUT RECOURSE
Company Name: Urban Financial Group Inc.
Signature:
Name:
Mee Ftndie
Title: Assistant l/ica President
Psge 1 or Allo�etlttianWhokuk
Record and Return to: American dvisors Group
3800 W hapman Ave, 3rd Moor
Orang CA 92868
This document prepared by: American Advisors Group
3800 W Chapman Ave, 3nd Floor
Orange, CA 92868
Record and Return to:
Blue Streak I)ocs
404 S. MLK,1n Avenue
Clearwater FL 33756
2012.09_,2A%
CIPH 20120451008
OR BX 25585 PG 0695
RECORDED 11/09/2012 13.53:18
Pali Reach County, F1or3da
ART 382.589.00
Deed Doc 1,338.75
Inta" 765.00
Sharon R. Back.CLERK i COBPTROLLBR
Pga 0695 - 707; (I3P9ta)
]Space Above This Line For Recording Data]
State of FLORIDA FHA Case No. 095-2526499-952
Loan No. 715089
MIN:1009400-000500571"
ADJUSTABLE RATE
HOME EQUITY CONVERSION MORTGAGE
'THIS MORTGAGE ("Security Instrument") is given on October 26, 2012. The mortgagor is
ROGER J. BUCKWALTER AND KAREN R. BUCKWALTER, HUSBAND AND WIFE, whose
post office address is 48 WINGO STREET, TEQUESTA, Florida 33469 ('Borrower"). This Security
Instrument is given to Mortgage Electronic Registration Systems Inc. ("MERS") as mortgagee,
which is organized and existing under the laws of Delaware, and whose address is P.O. Box 2026,
Flint, MI 43501-2026, telephone (888) 679-MERS. American Advisors Group is organized and
existing under the laws of California, and has an address of 3800 W Chapman Ave, 3rd Floor,
Orange, CA 92MS ("Lender'). Borrower has agreed to repay to Lender amounts which Lender is
obligated to advance, including future advances, under the terms of a Home Equity Conversion Loan
Agreement dated the same date as this Security Instrument ("Loan Agreement"). The agreement to repay
is evidenced by Borrower's Adjustable -Rate Note dated the same date as this Security Instrument
("Note"). The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and
Lender's successors and assigns) and the successors and assigns of MERS. This Security Instrument
secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest at a rate subject to
adjustment (interest), and all renewals, extensions and modifications of the Note, up to a maximum
principal amount of Three Hundred Eighty Two Thousand, Five Hundred Dollars and Zero Cents
(U.S. S382,500.00 ); (b) the payment of all other sums, with interest, advanced under paragraph 5 to
protect the security of this Security Instrument or otherwise due under the terms of this Security
Instrument; and (c) the performance of Borrower's covenants and agreements under this Security
Instrument and the Note. The full debt, including amounts described in (a), (b), and (c) above, if not due
earlier, is due and payable on April 26. 2100. For this purpose. Borrower does hereby mortgage, grant
Pqe f d It HECM Fire Mmpp
Book25585/Page695 Page 1 of 13
and convey to MERS and to the successors and assigns of MERS, the following described property
located in PALM BEACH County, FLORIDA:
See legal description as Exhibit A attached hereto and made a part hereof for all intents and
purposes
which has the address of
48 WIYGO STREET, TEQUESTA, Florida 33469, ("Property Address")
TOGETHER WITH all the improvements now or hereafter erected on the property, and al I easements,
rights, 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 Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title
to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or
custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise
any or all cf those interests, including, but not limited to, the right to foreclose and sell the Property; and
to take any action required of Lender including,, but not limited to, releasing and canceling this Security
Instrument.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the
right to mortgage, grant and convey the Property and that the Property is unencumbered. Borrower
wan -ants 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:
I. Payment of Principal ind Interest. Borrower shall pay when due the principal of, and interest on,
the debt evidenced by the Note.
2. Payment of Property Charges. Borrower shall pay all property charges consisting of taxes, ground
rents, flood and hazard insurance premiums, and special assessments in a timely manner, and shall
provide evidence of payment to Lender, unless Lender pays property charges by withholding funds from
monthly payments due to the Borrower or by charging such payments to a line of credit as provided for
in the Loan Agreement.
3. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property,
whether now inexistence or subsequently erected, against any hazards, casualties, and contingencies,
including fire. This insurance shall be maintained in the amounts, to the extent and for the periods
required by Lender or the Secretary of Housing and Urban Development ("Secretary"). Borrower shall
also insure all improvements on the Property, whether now in existbnce or subsequently erected, against
loss by floods to the extent required by the Secretary. All insurance shall be carried with companies
approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include
loss payable clauses in favor ot; and in a form acceptable to, Lender.
In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of
loss ifnot made promptly by Borrower. Each insurance company concerned is hereby authorized and
directed to make payment for such loss to Lender instead of to Borrower and Lender jointly. Insurance
proceeds shall be applied to restoration or repair of the damaged Property, if the restoration or repair is
economically feasible and Lender's security is not lessened. If the restoration or repair is not
cum
Paac S of 11 NECR, T First Wngfte
Book25585/Page696 Page 2 of 13
economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied
first to the reduction of any indebtedness under a Second Note and Second Security Instrument held by
the Secretary on the Property and that to the reduction of the indebtedness under the Note and this
Security Instrument. Any excess insurance proceeds over an amount required to pay all outstanding
indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled
thereto.
In the event of foreclosure of this Security Instrument or other transfer of title to the Property that
extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in
force shall pass to the purchaser.
4.Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan
Application; Leaseholds: Borrower shall occupy, establish, and use the Property as Borrower's
principal residence after the execution of this Security Instrument and Borrower (or at least one
Borrower, if initially more than one person are Borrowers) shall continue to occupy the Property as
Borrower's principal resilience for the term of the Security Instrument. "Principal residence' shall have
the same meaning as in the Loan Agreement.
Borrower shall not commit waste or destroy, damage or substantiallychange the Property or allow the
Property to deteriorate, reasonable wear and tear excepted. Borrower shall also be in default if
Borrower, during the loan application process, gave materially false or inaccurate information or
statements to Lender (or failed to provide Lender with any material information) in connection with the
loan evidenced by the Note, including, but not limited to, representations concerning Borrower's
occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold,
Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property,
the leasehold and fee title shall not be merged unless Lender agrees'to the merger in writing.
5. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all
governmental or municipal charges, fines and impositions that are not included in Paragraph 2.
Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure
to pay would adversely affect Lender's interest in the Property, upon Lenders request Borrower shall
promptly furnish to Lender receipts evidencing these payments. Borrower shall promptly discharge any
lien which has priority over this Security Instrument in the manner provided in Paragraph 12(c).
If Borrower, fails to make these payments or the property charges required by Paragraph 2, or fails to
perform any other covenants and agreements contained in this Security Instrument, or there is a legal
proceeding that may Significantly affect Lender's rights in the Property (such as a proceeding in
bankruptcy, for condemnation or to enforce laws or regulations), then Lander may do and pay whatever
is necessary to protect the value of the Property and Lender's rights in the Property, including payment
of taxes, hazard insurance and other items mentioned in Paragraph 2.
To protect Lender's security in the Property, Lender shall advance and charge to Borrower all amounts
due to the Secretary for the Mortgage Insurance Premium as defined in the Loan Agreement as well as
all sums due to the loan servicer for servicing activities as defined in the Loan Agreement. Any amounts
disbursed by Lender under this Paragraph shall become an additional debt of Borrower as provided for
in the Loan Agreement and shall be secured by this Security Instrument.
6. Inspection. Lender or its agent may enter on, inspect or make appraisals of the Property in a
reasonable manner and at reasonable times provided that Lender shall give the Borrower notice prior to
any inspection or appraisal specifying a purpose for the inspection or appraisal which must be related to
Lenders interest in the Property. If the Property is vacant or abandoned or the loan is in default, Lender
may take reasonable action to protect and preserve such vacant or abandoned Property without notice to
the Borrower.
Pm, 3 .r 11 HELM First M."goge
Book25585/Page697 Page 3 of 13
7. Condemnation. The proceeds of any award or'claim for damages, direct or consequential, in
connection with any condemnation, or other taking of any part of the Property, or for conveyance in
place of condemnation shall be paid to Lender. The proceeds shall be applied first to the reduction of
any indebtedness under a Second Note and Second Security Instrument held by the Secretary on the
Property, and then to the reduction of the indebtedness under the Note and this Security Instrument. Any
excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this
Security Instrument shall be paid to the entity legally entitled thereto.
8. Fees. Lender may collect fees and charge: authorized by the Secretary.
9. Grounds for Acceleration of Debt.
(a) Due and Payable. Lender may require immediate payment -in -full of all sums secured by this
Security Instrument if:
(i) A Borrower dies and the Property is not the principal residence of at least one surviving
Borrower; or
(ii) All of a Borrower's title in the Property (or his or her beneficial interest in a trust owning
all or part of the Property) is sold or otherwise transferred and no other Borrower retains title
to the Property in fee simple or retains a leasehold under a lease for not less than 99 years
which is renewable or a lease having a remaining period of not less than 50 years beyond the
date of the l 00th birthday of the youngest Borrower or retains a life estate (or retaining a
beneficial interesf in a trust with such an interest in the Property).
(b) Due and Payable with Secretary Approval. Lender may require immediate payment -in -full
of all sums secured by this Security Instrument, upon approval of the Secretay, if-
(i) The Property ceases to be the principal residence of a Borrower for reasons other than
death and the Property is not the principal residence ofat least one other Borrower, or
(ii) For a period of longer than 12 consecutive months, a Borrower fails to occupy the
Property because of physical or mental illness and the Property is not the principal residence
of at least one other Borrower; or
(iii) An obligation of the Borrower under this Security Instrument is not performed.
(c) Notice to Lender. Borrower shall ratify Lender whenever -any of the events listed in this
Paragraph 9 (aXii) and (b) occur.
(d) Notice to Secretary and Borrower. Lender shall notify the Secretary and Borrower whenever
the loan becomes due and payable under Paragraph 9 (aXii) and (b). Lender shall not have the
right to commence foreclosure until Borrower has had 30 days after notice to either:
(i) Correct the matter which resulted in the Security Instrument coming due and payable; or
(ii) Pay the.balance in full; or
(iii) Sell the Properly for the lesser of the balance or 95% of the appraised value and apply
the net proceeds ofthe sale toward the balance; or
(iv) Provide the Lender with a deed -in -lieu of.foreclosure.
Pare i or 11 MCM Fuss Mongege
Book25585/Page698 Page 4 of 13
(e) Trusts. Conveyance of a Borrowers interest in the Property to a trust which meets the
requirements of the Secretary, or conveyance of a trust's interests in the Property to a Borrower,
shall not be considered a conveyance for purposes of this Paragraph 9. A trust shall not be
considered an occupant or be considered as having a principal residence for purposes of this
Paragraph 9.
(f) Mortgage Nof Insured. Borrower agrees that should this Security Instrument and the Note not
be eligible for insurance under the National Housing Act within eight (8) months from the date
hereof,Lender may, at its option, require immediate payment -in -full of all sums secured by this
Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent
to eight (8) months from the date hereof, declining to insure this Security Instrument and the Note,
shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option
may not be exercised by Lender when the unavailability of insurance is solely due to Lenders
failure to remit a mortgage insurance premium to the Secretary.
10. No Deficiency Judgments. Borrower shall have no personal liability for payment of the debt
secured by this Security InstnunenL Lender may enforce the debt only through sale of the Property.
Lender shall not be permitted to obtain a deficiency judgment against Borrower if the Security
Instrument is foreclosed. If this Security Instrument is assigned to the Secretary upon demand by the
Secretary, Borrower shall not be liable for any difference between the mortgage insurance benefits paid
to Lender and the outstanding indebtedness, including accrued interest, owed by Borrower at the time of
the assignment.
11. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate
payment -in -full. This right applies even after foreclosure proceedings are instituted To reinstate this
Security Instrument, Borrower shall correct the condition which resulted in the requirement for
immediate payment -in -full. Foreclosure costs and reasonable and customary attorney's fees and
expenses properly associated with the foreclosure proceeding shall be added to the principal balance.
Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall
remain in effect as if Lender had -not required immediate payment -in -full. However, Lender is not
required to permit reinstatement if (i) Lander has accepted reinstatement after the commencement of
foreclosure proceedings within two years immediately preceding the commencement of a current
foreclosure proceeding, (ii) reinstatement will preclude foreclosure on differerft grounds in the future, or
(iii) reinstatement will adversely affect the priority of the Security Instrument.
12. Lien Status.
(a) Modification.
Borrower agrees to extend this Security Instrument in accordance with this Paragraph 12(a).
If Lender determines that the original lien status of the Security Instrument is jeopardized
under state law (including but not limited to situations where the amount secured by the
Security instrument equals or exceeds the maximum principal amount stated or the
maximum period under which loan advances retain the same lien priority initially granted to
loan advances has expired) and state law permits the original lien status to be maintained for
future loan advances through the execution and recordation of one or more documents, then
Lender shall obtain title evidence at Borrower's expense. if the title evidence indicates that
the property is not encumbered by any liens (except this Security Instrument, the Second
Security Instrument described in Paragraph 13(a) and any subordinate liens that the Lender
determines will also be subordinate to any future loan advances), Lander shall request the
Borrowet to execute any documents necessary to protect the lien status of future loan
tqe S or n HECM First WnMs
Book25585/Page699 Page 5 of 13
advances. Borrower agrees to execute such documents. If state law does not permit the
original lien status to be extended to future loan advances, Borrower will be deemed to have
failed to have performed an obligation under this Security Instrument.
(b) Tax Deferral Programs.
Borrower shall not participate in a real estate tax deferral program, if any liens created by the
tax deferral are not subordinate to this Security Instrument.
(c) Prior Liens.
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 manber acceptable to Lender, (b) contests in good faith the lien by, or defends against
enforcement ofthe'Uen in, legal proceedings which inure Lender's opinion operate to
prevent the enforcement of the lien or forfeiture of any part of the Property; or (c) secures
from the holder of the lien an agreement satisfactory to Lender subordinating the lien to all
amounts secured by this Security Instrument. If Lender determines that any part of the
Property is subject to a lien which may attain priority over this Security Instrument, Lender
may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or
more of the actions set forth above within 10 days of the giving of notice.
13. Relationship to Second Security Instrument
(a) Second Security Instrument In order to secure payments which the Secretary may make to or
on behalf of Borrower pursuant to Section 255(ix1)(A) of the National Housing Act and the Loan
Agreement, the Secretary has required Borrower to execute a Second Note and a Second Security
lnstrwnent on the Property.
(b) Relationship of First and Second Security Instruments. Payments made by the Secretary
shall not be included in the debt under the Note unless:
(i) This Security Instrument is assigned to the Secretary; or
(ii) The Secretary accepts reimbursement by the Lender for all payments made by the
Secretary.
If the circumstances described in (i) or (ii) occur, then all payments by the Secretary,
including interest on the payments, but excluding late charges paid by the Secretary, shall be
included in the debt under the Note.
(c) Effect on Borrower. Where there is no assignment or reimbursement as described in (b)(i) or
(ii) and the Secretary makes payments to Borrower, then Borrower shall not:
(i) Be required to pay amounts owed under the Note, or pay any rents and revenues of the
Property under Paragraph 19 to Lender or a receiver of the Property, until the Secretary has
required payment -in -full of all outstanding principal and accrued interest under the Second
Note; or
(ii) Be obligated to pay interest or shared appreciation under the Note at any time, whether
accrued before or after the payments by the Secretary, and whether or not accrued interest
has been included in the principal balance under the Note.
YigidC
rav 6 or rr HELM Fim Mor%W
Book25585/Page700 Page 6 of 13
(d) No Duty of the Secretary. The Secretary has no duty to Lender to enforce covenants of the
Second Security Instrument or to take actions to preserve the value of the Property, even though.
Lender may be unable to collect amounts owed under the Note because of restrictions in this
Paragraph 13.
14. Forbearance by Leader Not a Waiver. Any forbearance by Lender in exercising any right or
remedy shall not be a waiver of or preclude the exercise of arty right or remedy.
15. Successors and Assigns Bound; Joint and Several Liability. The covenants and agreements of
this Security Instrument shall bind and benefit the successors and assigns of Lender. Borrower may not
assign any rights or obligations under this Security Instrument or under the Note, except to a trust that
meets the requirements of the Secretary. Borrower's covenants and agreements shall be joint and
several.
I& Notices. Any notice to Borrower provided for in this Security Instrument shall be given by
delivering it or by mailing it by first class mail unless applicable law requires use of another method.
The notice shall be directed to the Property Address or any other address all Borrowers jointly designate
Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address
Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be
deemed to have been given to Borrower or Lender when given as provided in this Paragraph 16.
19: Governing Law; Severability. This Security Instrument shall be governed by Federal law and the
law of the jurisdiction in which the Property is located. In the event that any provision or clause of this
Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other
provisions of this Security Instrument or the Note which can be given effect without the conflicting
provision. To this end the provisions of this Security Instrument and the Note are declared to be
severable.
18. Borrower's Copy. Borrower shall be given one conformed copy of the Note and this Security
Instrument.
NON -UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
19. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and
revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and
revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents.
However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the
Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee
for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and
not an assignment for additional security only.
If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by
Borrower as trustee for benefit of Lender only, to be applied to the sums secured by this Security
Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c)
each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's
written demand to the tenant.
Borrower has not executed any prior assignment of the rents and has not and will not perform any act
that would prevent Lender liom exercising its rights under this Paragraph 19.
Lender shall not be required to enter upon, take control of or maintain the Property before or after giving
notice of breach to Borrower. However, Lender or a iudicially appointed receiver may do so at any time
Pare 9 sf n HECM F-1 M-106.
Book25585/Page701 Page 7 of 13
there is a breach. Any' application of rents shall not cure or waive any default or invalidate any other
right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt
secured by this Security' Instrument is paid in full.
20, Foreclosure Procedure. If Lender requires immediate payment -in -fall under Paragraph 9,
Lender miy foreclose this Security lnstrument by judicial proceeding. Lender shag be entitled to
collect all expenses incurred in pursuing the remedies provided in this Paragraph 20, including,
bat not limited to, reasonable attorneys' fees and costs of title evidence.
21. Lieu Priority. The full amount secured by this Security Irkstnanent shall have the same priority over
any other liens on the Property as if the full amount had been disbursed on the date the initial
disbursement was made, regardless'ofthe acitial date of any disbursement. The amount secured by this
Security Instrument shall include all direct payments by Lender to Borrower and all other loan advances
permitted by this Security Instrument for any purpose. This lien priority shall apply notwithstanding any
State constitution, law or regulation, except that this lien priority shall not affect the priority of any liens
for unpaid State or local governmental unit special assessments or taxes.
22. Adjustable -Rate Feature. Under the Note, the initial stated interest rate of 2.711% which accrues
on the unpaid principal balance ("Initial Interest Rate") is subject to change, as described below. When
the interest rate changes, the new adjusted interest rate will be applied to the total outstanding principal
balance. Each adjusttitent to the interest rate will be based upon the average of interbank offered rates
for one -month U.S. dollar denominated deposits in the London Market ("LIBOR"), as published in The
Wall Street Journal ("Index"), rounded to three digits to the right of the decimal point, plus a margin. If
the Index is no longer. available, Lender will be required to use any index prescribed by the Department
of Housing and Urban Development. Lender will give Borrower notice of new index.
Lender will perform the calculations described below to determine the new adjusted interest rate. The
interest rate may change on January 1, 2013 and on the first day of each succeeding mouth.
"Change Date" means each date in which the interest rate could change.
The value of the Index will be determined, using the most recent Index figure available thirty (30) days
before the Change Date ("Current Index"). Before each Change Date, the new interest rate will be
calculated by adding a margin to the Current index. The sum of the margin plus the Current Index will
be called the "Calculated Interest Rate" for each Change Date. The Calculated Interest Rate will be
compared to the interest rate in effect immediately prior to the current Change Date (the "Existing
Interest Rate").
The Calculated Interest Rate will never increase above 12.711%
The Calculated Interest Rate will be adjusted if necessary to comply with the rate limitation(s) described
above and will be in effect until the next Change Date. At any change date, if the Calculated Interest
Rate equals the Existing Interest Rate, the interest rate will not change.
23. Negative Amortization and Compounding of Interest. Since regular periodic payments by
Borrower to Lender are not required under the Loan Agreement and accrued interest is added to the loan
balance, and in turn will accrue interest, negative amortization and the compounding of interest will
occur. Negative amortization and the compounding of interest will increase the amount Borrower owes
Lender and will reduce Borrower's equity in the Property.
24. Release. Upon payment of all stuns secured by this Security Instrument, Lender shall release this
Security Instrument. if allowed by applicable law, Borrower shall pay all recordation costs and Lender
may chame, Borrower a fee for releasinti the Security Instrument.
Page gar Ir HECM rim Mortgage
Book25585/Page702 Page 8 of 13
25. Attorneys' Fees. As used in this Security instrument and the Note, attorneys' fees shall include
those awarded by an appellate court and any attorneys' fees incurred in a bankruptcy proceeding.
26. 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.
27. Riders to this Sepurity Instrument If one or more riders are executed by Borrower and recorded
together with this Security Instrument, the covenants of each such rider shall be incorporated into and
shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)
were a part of this Security Instrument. [Check applicable box(es).]
❑ Condominium]tider 0 Planned Unit Development Rider
❑ Other [Specifvl
28. Nominee Capacity of MERS. MERS Serves as mortgagee of record and secured party solely as
nominee, in an administrative capacity, for Lender and its successors and assigns and holds legal title to
the interests granted, assigned, and transferred herein. All payments or deposits with respect to the
Secured Obligations shall be made to Lender, all advances under the Loan Documents shall be made by
Lender, and all consents, approvals, or other determinations required or permitted of Mortgagee herein
shall be made by Lender. MERS shall at all times comply with the instructions of Lender and its
successors and assigns. If necessary to comply with law or custom, MERS (for the benefit of Lender
and its successors and assigns) may be directed by Lender to exercise any or.all of those interests,
including without limitation, the right to foreclose and -sell the Property, and take any action required of
Lender, including without limitation, a release, discharge or reoonveyance of this Mortgage. Subject to
the foregoing, all references herein to "Mortgagee" shall include Lender and its successors and assigns.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and In any rider(s) executed by Borrower and recorded with it.
P,ge 9 N 11 HECM R19 Mo ft%.
Book25585/Page703 Page 9 of 13
BUCKWALTER
(SEAL)
ROGER A BUCKWALTER
(0 Z- �i
Date
a 26 "�LZ
Date
[Space Below This Line For Acknowledgmentl
STATE OF FLORIDA
COUNTY OF k+ 1 �1
The foregoing instrument was a knowledged before me this e4 day of CT a1 Ql
by _7S!i2,cls- k i. , whb is personally known to me or who
has produced L as identification.
�Publi
fa; FREDDY A TAPANES Name typed, printe stamped
Notary Public • State of Florida LC
+a e My Comm. Expires Mar 8, 2015 Trtle or rank
p r !.•' Commission r EE 72057
Serial number, ifany
My commission expires:
PW10 d rt HC•CM First Manage
Book25585/Page704 Page 10 of 13
EXH®IT A
Exhibit A to the Mortgage made on October 26, 20I2, by ROGER J. BUCKWALTER AND KAREN
R. BUCKWALTER, HUSBAND AND WIFE (-"Borrower") to American Advisors Group
("Lender"). The Property is located in the county of PALM BEACH; state of Florida, described as
Description of Property
LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A" AND BY THIS REFERENCE
MADE A PART HEREOF
Pair 11 of 11 HECM First Mongw
Book25585/Page705 Page 11 of 13
Exhibit A
The following described land, situate, lying and being in Palm Beach County, Florida, to -wit:
Lot 9, Tequesta Pines, according to the plat thereof as recorded Plat Book 34, Page 84, Public Records of _
Palm Beach County, Florida.
BEING the same property conveyed to Roger J. Buckwalter and Karen R. Buckwalter by Deed from
Divosta Construction Co., dated January 12, 1979 and recorded January 18, 1979 at Book 2993, Page
1680.
Property Address: 48 Wingo Street, Tequesta, Florida 33469
Tax ID/Parcel No.: 60-42-40-25-25-000-0090
Book25585/Page706
Page 12 of 13
Planned Unit Development Rider
(Home Equity Conversion Mortgage)
FHA Case Number: 095-2526499-952
THIS PLANNED UNIT DEVELOPMENT RIDER is made on 10126/2012 and is incorporated
into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed
("Security instrument") of the same date given by the undersigned ("Borrower") to secure Borrower's
Note ("Note") to American Advisors Group("Lender") of the same date and covering the Property
described in the Security Instrument and located at:
48 WINGO STREET, TEQUESTA, Florida 33469
The Properfy is a part of a planned unit development ("PUD") known as
TEQUESTA PINES
PUD COVENANTS. In addition to the covenants and agreements made in the Security
Instrument, Borrower and Lender further covenant and agree as follows:
A. So long as the Owners Association (or equivalent entity holding title to common areas and
facilities), acting as trustee for the homeowners, maintains, with'a generally accepted insurance carrier, a
"master" or "blanket" policy insuring the property located in the PUD, including all improvements now
existing or hereafter erected on the mortgaged premises, and such policy is satisfactory to Lender and
provides insurance coverage in the amounts, for the periods, and against: the hazards Lender or the
Secretary re uire, including fire and other hazards included within the term "extended covesge," and
loss by flood, to the extent required by the Secretary, then: (i) Lender waives the provision in Paragraph
2 of this Security Instrument for the payment of the premium for hazard insurance on the Property, and
(ii) Borrowers obligation under Paragraph 3 of this Security Instrument to maintain hazard insurance
coverage on the Property is deemed satisfied to the extent.that the required coverage is provided by the
Owners Association policy. Borrower shall give Lender prompt notice of any lapse in required hazard
insurance coverage and of any loss occurring from a hazard. In the event of a distribution of hazard
insurance proceeds in lieu of restoration or repair following a loss to the Property or to common areas
and facilities of the PUD, any proceeds payable to Borrower are hereby assigned and shall be paid to
Lender for application tothe sums secured by this Security Instrument, with any excess paid to the entity
legally entitled thereto.
B. Borrower prgmises to pay all dues and assessments imposed pursuant to the legal instruments
creating and governing the PUD.
C. If Borrower does not pay PUD dues and assessments when due, then Lender may pay them.
Any amounts disbursed by Lender under this paragraph C shall become additional debt of Borrower
secured by the Security Instrument. Unless Borrower and Lender agree to othei terms of payment, these
amounts shall bear interest from the date of disbursement at the Note rate.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in
this PUD Rider.
KAREN R. BUCKWAI.TFR Date
SE `~~Date
PW 1 el Pt;DR,d,,
Book25585/Page707 Page 13 of 13
EXHIBIT B
Recall and Return to: American AA Lx M Group
3D0 W C n Ave, 3ni Floor
(fiance, A 92968
This document Prepared by: American Advisors G"mp
3900 W Chapman Ave, 3rd Flax
Orange. CA 92868
Record aM Return to:
glue Streak Does
404 S. MLK, Jr. Avenue
Clearwater FL 33756
State or FLORIDA
CFN 20120451009
OR BK 25585 PG 0708
RECORDED 11/69/2012 13:53%10
Palter Beach County, Florida
Sharon L Boclt~ CLERK K COMPTROLLER
Pgr WM - 7201 (WjW)
(Space Above This Lice For Records�Dota��
FHA Case No.
MIN: 1009400-8005t10tS71"
NOTE TO TAX EXAMINER: PLEASE REFER TO THE NOTE REGARDING
DOCUMENTARY STAMP TAX AND INTANGIBLE TAX IMMEDIATELY
ABOVE THE SIGNATURE BLOCK ON THE LAST PAGE OF THIS
MORTGAGE.
ADJUSTABLE RATE
HOME EQUITY CONVERSION SECOND MORTGAGE
THIS MORTGAGE ("Security Instntmenr or "Second Security Instrurneot") is given on
October 26, 2012. The mortgagor is ROGER J. BUCKIWALTER A14D KAREN R.
BUCKWALTER, HUSBAND AND WIFE, whose post office addrw is 48 WINGO STREET,
TEQUESTA, Florida 33469 ("Borrower"). 'ibis Security Instrument is given to the Secretary of
Housing and Urban Development, whose address is 451. Seventh Street, SW, Washington, DC 204 t0
("Lender" or "Secretary"). Borrower has agreed to repay to Lender amounts which Lender is obligated to
advance, including fniure advances, under the terrrs of a Home Equity Conversion Loan Agreement
dated the same date as this Security lnstrurnent ("Loan Agreement'), The agreement to repay is
evidenced by Bortvwer''s Adjus(able-Rate Note dated the same date as this Security Inerument ("Second
Note"). This Socurity lj*ruFncnt secures to Lender: (a) the repayment of the debt evidenced by the
Second Note, with interest at a rate subject to adjustment (interest), and all renewals, extensions and
modifications of the Note, up to a maximum principal amount of Three Handred Eighty Two
Thousand, Five Hundred Dollars and Zero Cents (U.S. S3112,5W.00 ); (b) the payment of all other
sums, with interest, advanced under paragraph 5 to protect the security of this Security Instrument or
otherwise -due under the terms of this Security instrument. and (c) the performance of Borrowees
covenants and agreements under this Security instrument and the Second Note. The full debt, including
arnounts described in (a), (b), and (c) above, if not due earlier, is due and payable on April 26, 2100.
For this Purpose. Borrower does heteby mortgage, grant and convey to Lander, the following described
property located in PALM BEACH County, FLORIDA:
Sae letal description as E"it A attached berem mad made a tart hereon for all tempts and
Book25585/Page7O8 Page 1 of 13
and convey to MERS and to the successors and assigns ofMERS, the following described property
located in PALM BEACH County, FLORIDA:
See legal description as Exhibit A attached hereto and made a part: hereof for all Intents and
purposes
which has the address of .
49 W INGO STREET, TEQUESTA, Florida 33469, ("Property Address")
TOGETHER WITH all the improvements now of hereafter erected on the property, and all easements,
rights, 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 lnstrumetit as the "Property." Borrower understands and agrees that MERS holds only legal title
to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or
custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise
any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and
to take any action required of Lender including, but not limited to, releasing and canceling this Security
Instrument.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the
right to mortgage, grant and convey the Property and that the Property is unencumbered. 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'and Interest. Borrower shad] pay when due the principal of, and interest on,
the debt evidenced by the Note.
2. Payment of Property'Charges. Borrower shall pay all property charges consisting of taxes, ground
rents, flood and hazard insurance premiums, and special assessments in a timely manner, and shall
provide evidence of payment to Lender, unless Lender pays property charges by withholding funds from
monthly payments due to the Borrower or by charging such payments to a line of credit as provided for
in the Loan Agreement.
3. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property,
whether now in existence or subsequently erected, against any hazards, casualties, and contingencies,
including fire. This insurance shall be maintained in the amounts, to the extent and for the periods
required by Lender or the Secretary of Housing and Urban Development ("Secretary"), Borrower shall
also insure all improvements on the Property, whether now in existtsue or subsequently erected, against
loss by hoods to the extent required by the Secretary. All insurance shall be carried with companies
approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include
toss payable clauses in favor of, and in a form acceptable to, Lender.
In the event of toss, Borrower shall give Lender immediate notice by mail. Lender may make proof of
loss if not made promptly by Borrower. Each insurance company eoncemed is hereby authorized and
directed to make payment for such loss to Lender instead of to Borrower and Lender jointly. Insurance
proceeds shall be applied to restoration or repair of the damaged Property, if the restoration or repair is
economicaliv feasible and Lender's security is not lessened If the restoration or repair is not
Parr lore HWM Fka Marge
economically feasible or Lcndces security would be lessened, the insurance proceeds shall be applied
first to the reduction of any indebtedness under a Second Note and Second Security Instrument held by
the Secretary on the Property and then to the reduction of the indebtedness under the Note and this
Security Instrument. Any excess insurance proceeds over an amount required to pay all outstanding
indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled
thereto.
In the event of foreclosure of this Security Instrument or other transfer of title to the Property that
extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in
force shall mass to the purchaser-
4. Occupancy, Preservation. Maintenance and Protection of the Property; Borrower's Loan
Application; Leaseholds: Borrower shall occupy, establish, and use the Property as Borrower's
principal residence after the execution of this Security Instrument and Borrower (or at least one
Borrower, if initially more than one person are Borrowers) shall continue to occupy the Property as
Borrower's principal residence for the term of the Security Instrument. "Principal residence" shall have
the same meaning as In the Loan Agreement.
Borrower shall not commit waste or destroy, damage or substantially -change the Property or allow the
Property to deteriorate, reasonable wear and tear excepted. Borrower shall also be in default if
Borrower, during the loan application process, gave materially false or inaccurate information or
statemeittslo Lender (or failed to provide Lender with any material information) in connection with the
loan evidenced by the Note, including, but not limited to, representations concerning Borrower's
occupancy of the Property as a principal residence. if this Security Instrument is on a leasehold,
Borrower shall comply with the provisions of the lease. if Borrower acquires fee title to the Property,
the leasehold and fee title shal I not be merged unless Lender agrees to the merger in writing.
5. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all
governmental or municipal charges, fines and impositions that are not included in Paragraph 2.
Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure
to pay would adversely affect Lender's interest in the Property, upon Lenders request Borrower shall
promptly furnish to Lender receipts evidencing these payments. Borrower shall promptly discharge any
lien which has priority over this Security Instrument in the manner provided in Paragraph 12(c).
If Borrower fails to make these payments or the property charges required by Paragraph 2, or fails to
perform any other covenants and agreements contained in this Security Instrument, or there is a legal
proceeding that may significantly affect Lender's rights in the Properly (such as a proceeding in
bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever
is necessary to protect the value of the Property and Lender's rights in the Property, including payment
oftaxes, hazard insurance and other items mentioned in Paragraph 2.
To protect Lender`s security in the Property. Lender shall advance and charge to Borrower all amounts
due to the Secretary for the Mortgage Insurance Premium as defined in the Loan Agreement as well as
all sums due to the loan service• for servicing activities as defined in the Loan Agreement. Any amounts
disbursed by Lender under this Paragraph shall become an additional debt of Borrower as provided for
in the Loan Agreement and shall be secured by this Security Instrument.
6.1aspection. Lender or its agent may enter on, inspect or make appraisals of the Property in a
reasonable manner and at reasonable times provided that Lender shall give the Borrower notice prior to
any inspection or appraisal specifying a purpose for the inspection or appraisal which must be related to
Lender's interest in the Property. If the Property is vacant or abandoned or the loan is in default, Lender
may take reasonable action to protect and preserve such vacant or abandoned Property without notice to
the Borrower.
Pare 7 erll tIECM Fins Mulpsge
7. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in
connection with any condemnation, or other taking of any part of the Property, or for conveyance in
place o£condemnation shall be paid to Lender. The proceeds shall be applied first to the reduction of
any indebtedness under a Second Mote and Second Security Instrument held by the Secretary on the
Property, and then to the reduction of the indebtedness under the Note and this Security Instrument. Any
excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this
Security Instrument shall be paid to the entity legally entitled thereto.
& Fees. Lender may collect fees and charger authorized by the Secretary.
9. Grounds for Acceleration of Debt.
(a) Due and Payable. Lender may require immediate payment -in -full of all sums secured by this
Security Instrument it
(i) A Borrower dies and the Property is not the principal residence of at least one surviving
Borrower, or
(ii) All of a Borrower's title in the Property (or his or her beneficial interest in a trust owning
all or part of the Property) is sold or otherwise transferred and no other Borrower retains title
to the Property in fee simple or retains a leasehold under a lease for not less than 99 years
which is nehewable or a lease having a remaining period of not less than 50 years beyond the
date of the I00th birthday of the youngest Borrower or retains a life estate (or retaining a
beneficial irttt rest in a trust with such an interest in the Property),
(b) Due and Payable with Secretary Approval. Lender may require immediate payment -in -full
of all sums secured by this Security Instrument, upon approval of the Secretary, if
(i) The Property ceases to be the principal residence of a Borrower for reasons other than
death and the Property is not the principal residence ofat least one other Borrower; or
(ii) For a period of longer than 12 consecutive -months, a Borrower fails to occupy the
Property because of physical or mental illness and the Property is not the principal residence
of at least one other Borrower; or
(iii) An obligation of the Borrower under this Security Instrument is not performed.
(e) Notice to Leader. Borrower shall notify Lender wheneverarty of the events listed in this
Paragraph (axii) and (b) occur.
(d) Notlee to Secretary and Borrower. Lender shall notify the Secretary and Borrower whenever
the loan becomes due and payable under Paragraph 9 (axis) and (b). Lender shall not have the
right to commence foreclosure until Borrower has had 34 days after notice to either.
(i) Correct the matter which resulted in the Security, Instrument coming due and payable; or
(ii) Pay the balance in fill; or
(iii) Sell the Property for the lesser of the balance or 95% of the appraised value and apply
the net proceeds of the sale toward the balance; or
(iv) Provide the Lender with a deed -in -lieu of foreclosure.
hV4 d rt 11CCM Feat Manor
(e) Trusts. Conveyance of a Borrower's interest in the Property to a trust which meets the
requirements of the Secretary, or conveyance of a trusts interests in the Property to a Borrower,
shall not be considered a conveyance for purposes of this Paragraph 9. A trust shall not be
considered an occupant or be considered as having a principal residence for purposes of this
Paragraph 9.
(1) Mortgage Noi lasami. Borrower agrees that should this Sbcurity Instrument and the Note not
be eligiblefor insurance under the National Housing Act within eight (8) months from the date
hmoflender may, at its option, require immediate payment -in -full of all sums secured by this
Secririty Instrument. A written statement of any authorized agent of the Secretary dated subsequent
to eight (8)months from the date hereof, declining to insure this Security Instrument and the Note,
shall be deemed conclusive proofofsuch ineligibility. Notwithstanding the foregoing, this option
may not be exercised by Lender when the unavailability of insurance is solely clue to Lender's
failure to remit a mortgage insurance premium to the Secretary.
10. No Deficiency Judgments Borrower shall have no personal liability for payment of the debt
secured by this Security Instrument. Lender may enforce the debt only through We of the Property.
Lender shall not be permitted to obtain a deficiency judgment against Borrower if the Security
Instrument is foreclosed. If this Security Instrument is assigned to the Secretary upon demand by the
Secretary, Borrower shall not be liable for any difference between the mortgage insurance benefits paid
to lender and the outstanding indebtedness, including accrued interest, owed by Borrower at the time of
the assignment.
11. Reinstatement. Borrower has a right to be reinstated if tender has required immediate
payment -in -full. This right applies even after foreclosure proceedings are instituted. To reinstate this
Security Instrument, Borrower shall correct the condition which resulted in the requirement for
immediate payment -in -full. Foreclosure costs and reasonable and customary attomey's fees and
expenses properly associated with the foreclosure proceeding shall be added to the principal balance.
Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall
remain in effect as if Lender had not required immediate payment -in -full. However, tender is not
required to permit reinstatement if, (i) Lender has accepted reinstatement after the commencement of
foreclosure proceedings within two years immediately preceding the commencement of current
foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or
(W)reinstatement will adversely affect the priority of the Security Instrument.
12. Lien Status.
(a) Modifleatioa.
Borrower agrees to extend this Security Instrument in accordance with this Paragraph 12(a).
If Lender determines that the original lien status of the Security Instrument is jeopardized
understate law (including but not limited to situations where the amount secured by the
Security Instrument equals or exceeds the maximum principal amount stated or the
maximum period under which loan advances retain the same lien priority initially granted to
loan advances has expired) and state law permits the original lien status to be maintained for
future loan advances through the execution and recordation of one or more documents, then
Lender shall obtain title evidence at Borrower's expense. if the title evidence indicates that
the property is not encumbered by any liens (except this Security Instrument, the Second
Security instrument described in Paragraph 13(a) and any subordinate liens that the Lender
determines will also be subordinate to any future loan advances), Lender shall request the
Bormwet to execute any documents necessary to protect the lien status of future loan
■
hpSartl NECM final MOFV cc
advances: Borrower agrees to execute such documents. if state law does not permit the
original lien status to be extended to future loan advances, Borrower will be deemed to have
failed to have performed an obligation under this Security Instrument.
(b) Tax Deferral Programs.
Borrower shall not participate in a reel estate tax deferral program, if any liens crested by the
tax deferral are not subordinate to this Security Instrument.
(c) Prior Liens.
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 manlier acceptable to Lender, (b) contests in good faith the lien by, or defends against
enforcement of the lien in, legal proceedings which in the Lenders opinion operate to
prevent the enforcement of the lien or forfeiture of any part of the Property; or (c) secures
from the holder of the lien an agreement satisfactory to Lender subordinating the lien to all
amounts secured by this Security Instrument. if Lender determines that any part of the
Property is subject to a lien which may attain priority over this Security Instrument, Lender
may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or
more of the actions set forth above within 10 days of the giving of notice.
13. Relationship to Second Security Instrument.
(a) Second Security instrument. In order to secure payments which the Secretary may make to or
on behalf of Borrower pursuant to Section 255(ix 1 XA) of the National housing Act and the Loan
Agreement, the Secretary has required Borrower to execute a Second Note and a Second Security
Instrument on the Property.
(b) Relationship of First and Second Security Instruments. Payments made by the Secretary
shall not be included in the debt under the Note unless:
(i) This Security Instrument is assigned to the Secretary; or
(ii) The Secietary accepts reimbursement by the Lender for all payments made by the
Secretary.
If the circumstances described in (1) or (ii) occur, then all payments by the Secretary,
including interest on the payments, but excluding late charges paid by the Secretary, shall be
included in the debt under the Note.
(c) Effect on Borrower. Where there is no assignment or reimbursement as described in (b)(i) or
(ii) and the Secretary makes payments to Borrower, then Borrower shall not:
(i) Be required to pay amounts owed under the Note, or pay any rents and revenues of the
Property under Paragraph 19 to Lender or a receiver of the Property, until the Secretary has
required payment -in -full of all outstanding principal and accrued interest under the Second
Note; or
(ii) Be obligated to pay interest or shared appreciation under the Note at any time, whether
accrued before or after the payments by the Secretary, and whether or not accrued interest
has been included in the principal balance under the Note.
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(d) No Duty of the Secretary. The Secretary has no dray to Lender to enforce covenants of the
Second Security Instrument or to take actions to preserve the value of the Property, even though.
Lender may be unable to collect amounts owed under the Note because of restrictions in this
Paragraph 13.
14. Forbearance by Lander Not a Waiver. Any forbearance by Lender in exercising any right or
remedy shall not be a waiver of or preclude the exercise of any right or remedy.
15. Successors and Assigns Bound; Joint and Several Liability. The covenants and agreements of
this Security Instrument shalt bind and benefit the successors and assigns of Lender. Borrower may not
assign any rights or obligations under this Security Instrument or under the Note, except to a trust that
meets the requirements of due Secretary. Borrower's covenants and agreements shall be join and
several.
16. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by
delivering it or by mailing it by first class mail unless applicable taw requires use of another method.
The notice shall be directed to the Property Address or any other address all Borrowers jointly designate.
Any notice to Lender stall be given by first class mail to Lender's address stated herein or any address
Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be
deemed to have been given to Borrower or Lender when given as provided in this Paragraph 16.
17. Governing law; Severabiiity. This Security Instrument shall be governed by Federal taw and the
law of the jurisdiction in which the Property is located. In the event that any provision or clause of this
Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other
provisions of this Security Instrument or the Note which can be given effect without the conflicting
provision. To this end the provisions of this Security Instrument and the Note are declared to be
severable.
18. Borrower's Copy. Borrower shall be given one conformed copy of the Note and this Security
Instrument.
NON -UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
19. Assignment of Rests. Borrower unconditionally assigns and transfers to Lender all the rents and
revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and
revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents.
However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the
Security instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee
for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and
not an assignment for additional security only.
If Lender gives notice of breach to Borrower. (a) all rents received by Borrower shall be held by
Borrower as trustee for benefit of Lender only, to'be applied to the suhts secured by this Security
Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c)
each tenant of the Property shall pay all tents due and unpaid to Lender or Lender's agent on Lender's
written demand to the tenant.
Borrower has not executed any prior assignment of the rents and has not and will not perform any act
that would prevent Lender from exercising its rights under this Paragraph 19.
Lender shall not be required to enter upon, take control of or maintain the Property before or after giving
notice of breach to Borrower. However. Lender or a judicially appointed receiver may do so at any time
ray.rn ra:cMF"mrMo�ge
there is a breach. Any application of rents shall not cure or waive any default or invalidate any other
right or remedy of Lender. This assignment of reads of the Property shall terminate when the debt
secured by this Security'Instrument is paid in full.
20. Foreclosure Procedure. If Leader requires immediate payment -in -fall under Paragraph 9,
Lender nay foreclose this Security Instrument by judicial proceeding. Leader shall be entitled to
collect all expenses incurred In pursuing the remedies provided in this Paragraph 20, including,
but not limited to, reasonable attorneys' fees and costs of title evidence.
21: Lien Priority. The full amount secured by this Security Instrument shall have the same priority over
any other liens on the Property as if the full amount had been disbursed on the date the initial
disbursement was made, regardless of the actual date of any disbursement. The amount secured by this
Security Instrument shall include all direct payments by Lender to Borrower and all other loan advances
permitted by this Security Instrument for any purpose, This lien priority shalt apply notwithstanding any
State constitution, law or regulation, except that this lien priority shall not affect the priority of any liens
for unpaid State or local governmental unit special assessments or taxes.
22. Adjunable-Role Feature. Under the Note, the initial stated interest rate of 2.711 % which actives
on the unpaid principal balance ("Initial Interest Rate") is subject to change, as described below. When
the interest rate changes, the new adjusted interest rate will be applied to the total outstanding principal
balance. Each adjustment to the interest rate will be based upon the average of interbank offered rates
for one -month U.S. dollar denominated deposits in the London Market ("LIBOR"), as published in The
Wall Street Journal C`inc[ex'), rounded to three digits to the right of the decimal point, plus a margin. If
the Index is no longer. available, Lender will be required to use any index prescribed by the Department
of Housing and Urban DevelopmenL Lender will give Borrower notice of new index.
Lender will perform the calculations described below to determine the new adjusted interest rate. The
interest rate may change on January 1. 2013 and on the first day of each succeeding month.
"Change Date" means each bete in which the interest rate could change.
The value of the Index will be determined, using the most recent Index figure available thirty (30) days
before the Change Date ("Current Index"). Before each Change Date. the new interest rate will be
calculated by adding a margin to the Current Index. The sum of the margin plus the Current Index will
be called the "Uculated Interest Rate" for each Change Date. The Calculated Interest Rate will be
compared to the interest rate in effect immediately prior to the current Change Date (the "Existing
Interest Rate').
The Calculated Interest Rate will never increase above I L711 % -
The Calculated Interest Rate will be adjusted if necessary to comply with the rate limitation(s) described
above and will be in effect until the next Change Date. At any change date, if the Calculated interest
Rate equals the Existing Interest Rate. the interest rate will not change.
23. Negative Amortization and Compounding of Interest. Since regular periodic payments by
Borrower to Lender are not required under the Loan Agreement and accrued interest is added to the loan
balance, and in turn will accrue interest, negative amortization and the compounding of interest will
occur. Negative amortization and the compounding of interest will increase the amount Borrower owes
Lender and will reduce Borrower's equity in the Property.
24, Release. Upon payment of all sums segued by this Security Instrument, Lender shall release this
Security Instrument. If allowed by applicable law, Borrower shall pay all recordation costs and Lender
may chime Borrower a fee for releasing the Security Instrument.
rats! sr It HFCM Fi. Ma"ms
25. Attorneys' Fees. As used in this Security Instrument and the Note, attorneys' fees shall include
those awarded by an appellate court and any attorneys' fees incurred in a bankruptcy proceeding.
26. Jury Trial Waiver. 'fire 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.
27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded
together with this Security Instrument, the covenants of each such rider shall be incorporated into and
shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)
were a part of this Security Instrument. (Check applicable box(es).j
❑ Condominium,Rider ® Plannqd Unit Development hider
❑ Other (SueeiNI
28. Nominee Capacity of MERS. MERS Serves as mortgagee of record and secured party solely as
nominee, in an administrative capacity, for Lender and its successors and assigns and holds legal title to
the interests granted, assigned, and transferred herein. All payments or deposits with respect to the
Secured Obligations shall be made to Lender, all advances under the Loan Documents shall be made by
Larder, and all consents, approvals, or other determinations required or permitted of Mortgagee herein
shall be made by Lender. MERS sfiail at all times comply with the instructions of Lender and its
successors and assigm if necessary to comply with law or custom, MERS (for the benefit of Lender
and its successors and assigns) may be directed by Lender to exercise any or all of those interests,
including without limitation, the right to foreclose and sell the property, and take any action required of
Lender, including without limitation, a release, discharge or reconveyance ofthis Mortgage. Subject to
the forgoing, all references herein to "Mortgaged' shall include Lender and its successors and assigns.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security instrument and In any rider(s) executed by Borrower and recorded with it.
ras.rrt neon FuuMwty�
�l"� R g —"' (SEAT.)
KA EN R. BUCKWALTER
912r2��� (SEAL)
ROGER A BUC'WAITER -
zctit.
Date
10
Date
(Space Below This Cane For Acknowledgment)
STATE OF FLORIDA
COUNTY OF tC `" ti�
The foreg��oyying instrument was acknowledged before me this irk day of C) C� 01. Q12.
JDL
by AA who is personally known to me or who
has produced L as identification.
Publi
-- - Par, 4s�ttp-
Name typed, priatel 6f stamped
.M.,ps fRE00Y A iAPANES4 `NotaryPntllk •State of FWW My Comm, Eepiros Mar 1.2015 Title Q� k4;�u.���,.F Commission / EE 72057
Serial number, ifany 1 _
My commission expires: �j l
POPIOn111
0
11ECM Fim MoaMc
EXHIM A
Exhibit A to the Mortgage made on October 26, 2012, by ROGER J. BUCKWALTER AND KAREN
R. BUCKWALTER, HUSBAND AND WIFE ('Borrower") to American Advisors Croup
("Lender"). The Property is locsted in the county of PALM BEACH; state of Florida, described as
Description of Property
LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A AND BY THIS REFERENCE
MADE PART HEREOF
rs.li et{I HECMi rnx Mongage
Ettiu'bit A
The following described land, situate, lying and being in Palm Beach County, Florida, to -wit:
Lot 9, Tequesta Pines, according to the plat thereof as recorded Plat Book 34, Page 84, Public Records of
Palm Beach County, Florida.
BEING the same property conveyed to Roger J. Buckwalter and Karen R. Buckwalter by Deed from
Divosta Construction Co., dated January 12, 1979 and recorded January 18, 1979 at Book 2993, Page
1680.
Property Address: 48 Wingo Street, Tequesta, Florida 33469
Planned Unit Development Rider
(Home Equity Conversion Mortgage)
FHA Case Numbcr:-
THiS PLANNED UNIT DEVELOPMENT RIDER is made on 10/26=2 and is incorporated
into and shall be deemed to amend and supplement the Mortgage, Deed of Tnist or Security Deed
("Security instrument) ofthe same date given by the undersigned ("Borrower") to secure Borrower's
Note ("Note") to American Advisors Croup("Lender") of the same date and covering the Property
described in the Security Instrument and located at:
48 W1NGO STREET, TEQUESTA, Florida 33469
The Properly is a part of plamred unit development ("PUD") known as
TF.QUFSTA PINES
PUD COVENANTS. In addition to the covenants and agreements made in the Security
Instrument, Borrower and Lender further covenant and agree as follows:
A. So long as the Owners Association (or equivalent entity holding title to common areas and
facilities), acting as trustee for the homeowners, maintains, with a ggenerallyy accWed insurance carrier, a
"master" or "blanket" policy insuring the property located in the PUD, including all improvements now
existing or hereafter erected on the mortgaged premises, and such policy is satisfactory to Lender and
provides insurance coverage in the amounts, for the periods, and against the hazards Lender or the
Secretary xire, including fire and other hazards included within the term 'extended coverage, and
loss �bbyy flood, to the extent n%ired by the Secretary, then: (i) Lender waives the provision in Paragraph
2 of this Security Instrument for the payment of the premium for hazard insurance on the Property, and
(ii) Borrower's obligation under Paragraph 3 of this Security instrument to maintain hazard insurance
coverage on'the Property is deemed satisfied to the extent that the required coverage is provided by the
Owners Association policy. Borrower shall give Lender prompt notice of any lapse in required hazard
ittstuance verage and o[ any loss occurring from a hazard. in the event of a distribution of hazard
insurance proceeds in lieu of restoration or repair following a loss to the Proper, or to common areas
and facilities of the PUD, any proceeds payable to Borrower are hereby assand shall be paid to
Lender for application to the sums seby this Security Instrument, with any excess paid to the entity
B. Borrower prcmises to pay all does and assessments imposed pursuant to the legal instruments
creating and governing. the PUD.
C. If Borrower does not pay PUD dues and assessments when due, then Lender m!y pay them.
Any amounts disbursed by Lender under this paragraph C shall become additional debt of Borrower
secured by the Security Instrument. Unless Borrower and Lender agree to other terms of payment, these
amounts shall bear interest from the date of disbursement at the Note rate.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in
this PUD Rider.
KAREN R. RUCCKKWAtTER
L444�--
ROGERIBUCKWALTER
rw l .rl
oG f !L
Date
Date
CFN 20230142556
OR BK 34269 PG 1759
RECORDED 5' 1/2023 9:31 AM
Palm Beach County, Florida
Joseph Abmzzo, Clerk
Pgs: 1759 - 1759; (Ipgs)
Prepared By: Albertell! Law
Record and Return To:
Albertelli Law
P.O. Box MAW&M
FOR VALUE RECEIVED, the undersigned assignor ("Assignor"): Finance of America Reverse LLC whose address is 8909
South Yale Ave. Tulsa, OK 74137, does hereby grant, bargain, assign, transfer and convey to the following assignee
("Assignee"): WILMINGTON SAVINGS FUND SOCIETY, FSB, not individually but solely as trustee for FINANCE OF
AMERICA STRUCTURED SECURITIES ACQUISITION TRUST 2019-HB 1 whose address is 500 Delaware Avenue,
Wilmington, DE 19801.
All of Assignor's right, title and interest under a certain Mortgage, dated October 26, 2012, made and executed by Roger J.
Buckwalter and Karen R. Buckwalter, to Mortgage Electronic Registration Systems, Inc., as nominee for American Advisors
Group, recorded on November 9, 2012, in Official Records Book 25585 at Page 0695, of the Public Records of Palm Beach
County, Florida.
This assignment is made without recourse to Assignor and without representation or warranty by Assignor, express or
implied.
Together with the Note or Notes therein described or referred to, the money due and to become due thereon with interest, and
all rights accrued or to accrue under said Mortgage.
In Witness Whereof, the said Assignor has hereunto set his hand and seal or caused these presents to be signed by its proper
corporate offices and its corporate seal to be hereto affixed, this day of April, 202APR 2 0 2023
Witness:
Print Name: BM* Diets
Awn .
12
STATE OF
COUNTY OF
Assignor.
Finance of America Reverse LLC by Compu-link
Corporation d/b/a Celink as its attorney in fact
By:
Ciaronce Doabon Assistant Secretary
[CORPORATE SEAL]
BEFORE ME, the undersigned, personally appeared as p�l� tt Sermfne�_� of Compu-Link
Corporation, d/b/a Celink as Attorney -in -Fact for Finance of Amcn'ca7te'v'eLC —and existing under and virtue of laws of the United
States of America, named as part of the fast part in the foregoing instnuner t, after the first having been duly authorized by Compu-Link
Corporation, d/Wa Celink as Attorney -in -Fact for Finance of America Reverse LLC to do so.
Witness my hand and official seal this day of, April, 2ARR
.•"""��WILLIAM EARL SHERIDAN
r Notary Public, State of Texas
3"!� .�F Comm. Expires 08-03-2025
Notary ID
!
FINANCE of AMERICA Reverse Mortgage Servicing �artm rent
- R E V E R S E"- P.O. Box 40724 - Lansing, Michigan 48901-7924
(866) 446-0026 Office
(866) 443-0048 Fax
April 6, 2022
Sent via Certified Mail
ROGER BUCKWALTER
48 WINGO ST.
TEQUESTA, FL 33469
Mortgage Due & Payable Notification
This is an attempt to collect a debt. However, if your loan is currently, or was
previously involved in a bankruptcy where your case was discharged and/or
you are surrendering the real property in which Finance of America Reverse
LLC has an interest, we are not seeking personal liability against you. We are
pursuing our rights as they relate to the real property under the terms of the
Deed of Trust or Mortgage.
RE: Reverse Mortgage Lo�
Dear ROGER BUCKWALTER:
The reverse mortgage in the amount of $247,636.69* as calculated to the end of the
current month, is technically in default due to the nonpayment of taxes and/or
insurance on the principal residence.
This default must be resolved by any of the following methods, in accordance with
applicable Federal and/or investor guidelines:
A. The total amount of money advanced to pay taxes and/or insurance of $2,433.00
must be repaid with certified funds. Please contact us to discuss your options
regarding this in more detail.
B. The total loan debt must be paid -in -full within 30 days from the date of this letter
with wired or certified funds-
C. The mortgage will be released, and no deficiency judgment filed if the property
sells for at least 95% of the appraised value with the proceeds made payable to
Finance of America Reverse LLC, even if the debt is greater than the appraised
value, under a HUD approved Short Sale.
r-- Please contact us for more information if you are interested in this option and
believe that the property value is less than the outstanding principal balance.
D. If the debt is not paid -in -full, or the property is not sold within 30 days from the
date of this letter, we are required to initiate foreclosure proceedings. If applicable at
laws or regulations cause a delay in us initiating the foreclosure proceedings, we
aFwarrr
PLEASE SEE LAST PAGE FOR IMPORTANT DISCLOSURES
will initiate the foreclosure proceeding after any applicable legal or regulatory
prohibitions end.
E. Provide Lender with a deed in lieu of foreclosure.
If you fail to cure this breach within 30 days from the date of this letter, we may
proceed with foreclosure and sale of the property, except when applicable laws or
regulations require a delay in initiating the foreclosure proceedings. If applicable,
we will initiate the foreclosure proceeding after any applicable legal or regulatory
prohibitions end.
Once the foreclosure action begins you can still pay all monies due, including
attorney's fees, and have the foreclosure process discontinued.
In addition to the options detailed above, we strongly encourage you to contact
a HUD housing counselor in your area, free of charge, by calling them toll -free
at (800) 569-4287 or by contacting one of the HUD approved agencies on the
attachment enclosed with this letter.
Whichever option that you choose, HUD guidelines require that we obtain a full
appraisal on the property. You may be receiving a phone call from our appraisal
vendor in the coming weeks to attempt to schedule an appointment to visit the
property. You may request an appraisal, at your own expense, if an estimate of
the property's current value is desired. Please note that all appraisals must be
completed by a HUD -certified appraiser.
Please note that if the reverse mortgage had available funds in a Tax & Insurance Set
Aside (or Lifetime Expectancy Set Aside) to pay for property taxes and/or insurance,
those funds are no longer available due to the due and payable status of the loan.
You will be responsible for paying for any future tax and insurance obligations on the
property from this point forward.
We realize these are very difficult times and are willing to work with you, but it is
essential that you contact us immediately to discuss these important matters. You may
reach our Reverse Mortgage Servicing Department at (866) 446-0026 from 8:00am-
6:00pm EST, Monday through Thursday and 8:00am-5:00pm EST on Friday.
Sincerely,
Reverse Mortgage Servicing Department
* This is not a payoff figure. Please contact our Reverse Mortgage Servicing
Department to obtain an accurate payoff amount. arr
This is an attempt to collect a debt and any information obtained will be used for
that purpose.
FINANCE of AMERICA
— REVERSE --
Reverse Mortgage Servicing Department
P.O. Box 40724 - Lansing, Michigan 48901-7924
(866) 446-0026 Office
(866) 443-0048 Fax
Letter of Intent
Loan Number
Borrower Na KWALTER
Property Address:48 Wingo Street, TEQUESTA, FL 33469
Please utilize the form below to document your intentions regarding the property
listed above. If you intend to sell the home or otherwise pay the balance due in full,
this information is crucial towards obtaining additional time extensions for you, if
necessary, to satisfy the loan.
Please complete the form within 30 days from the date of the attached letter and
mail it to the address above or fax it to (866) 443-0048, you may also email it to
loanadmin@reversedepartment.com.
Description of Intention Information/Documentation needed
(Check option that applies)
Intend on listing the property for Please provide a copy of the listing
sale. agreement, MLS printout, or proof that it
is listed "For Sale by Owner"
Intend on obtaining financing to
keep_ the property.
- - -- - --------- -... -
Intend on requesting a short sale
on the property.
Intend on requesting that the
property be deeded back to the owner
of the loan.
Request that the servicing
department proceed with foreclosure on
the property.
Please provide proof that financing has
been requested and is in process.
Please call to discuss this option in more
detail with a specialist at (866) 446-0026.
Please call to discuss this option in more
detail with a specialist at (866) 446-0026.
Please ensure that you have signed below
if you are selecting this option.
By completing this form and signing below, you are not obligating yourself to
take the actions above. This form simply documents your intentions.
Signature
Signature
Printed Name
Printed Name
Date
Date
Servicamembers Civil Relief LE . Department of OMB Approval 2502.0584
Act Notice Disclosure Housing and Urban Exp 313W021
Development Office of
Housing
Servicemernbets on `motive duty" or "active service," or a spouse or dependent of such a servicemember may be entirledto
certain legal protections and &,h rclufptasuant to the Serviccmcmbets Civi 1 Relief Act (50 USC §§ 39014043)
(SCRA).
Who May Be Entitled to Legal Protections Under the SCRA"
• Regular members ofthe U.S. Armed Forces (Army, Navy, Arc Force Marine Corps and Coast
(uard).
• Reserve and Vatioual Guard personnel who have been activatod dud are on Fodcral active duty
• National Huard personnel under a call or order to active duty for more than 34) consecutive days under
section 502(t) of title 32, United Slates Code, for purposes of responding to a national emergency
declared by the President and stgip rred by Federal fiords
• Active servicmembers ofthe cottuni sionalcurps ofthe Public Health Service and the National
Oceanic and Atmospheric Administration.
• Certain United States citizens serving with the armed forces ofa nation with which the United States
is allied in the prosecution of a war ormilitaryaction.
• The SCRA states that a debt incurred by a servic:emember, or senicxmentber and spouse jointly, prior to
entering military service shall not bear interest at araw above 6 %dtsingtheperiodofmilitaryse viceandone
yea dmeaAa.in the case ofan obligation or liahilityconsistingofa mortgage trust deed, orcAhersecvaitymt thenabae
ofamartgage, or dtiringtheperindofmilitaryst nice in the case ofanyoxher obligation or liability.
• The SCRA states that in a legal action to enforce a debt against real estate that is filed during, or within one
year after the scrvic emember's military service, a court may slop the proceedings for a period of time, or
adjust the debt. in addition, the sale, foreclosure, or sciiure ofreal estate shall not be valid i f it occurs during
or within one year after the servicemember's military service unless the creditor has obtained a valid court
order approving the sale, foreclosure, or seizure ofthe real estate.
• The SCRA contains many other protections besides three applicable to home loans.
in order torequost relief undx the SCRA from loans with interest rates above 6% a servicc'rntantx'r or spouse
must provide a written request to the tender, together with a copy ofthe servicemember's military orders.
Reverse Mortgage Servicing Dcparlmcn4PO Box 40724, Lansing M148901-7924 Toll-Frce(866) 278-2008
Thorc is no requirement under the SCRA. however, for a scrviccmcmbcr to provide a written notice or a copy
ofa senicentember's militaryorders to the lender iu connection with a foreclosure or other debt enforcement
action against real rotate. Under these circumstanees, lenders should inquire about the military status ol'a
person by searching the Department of Defense's Defense Manpower Data Center's website, contacting the
servicemember, and c amining their files for indicia ofmilitary service. Although there is no requirement for
serviLemembem to alert the lender of their military staves in these situations, it still is a good idea forthe
servicemember to do so.
• Servieeaumbevs and dependcm with questions about tic SCRA should contact their unit's Judgc Advocate, or
their installation's legal Assistance Officer. A military legal assistance office locator for all branches ofthe
Armo d Forms is available at vVv_1�4 ssiwani>r 1Nµ_n* j*pLqmtrntMx-ITm.l1hp
• `.MilitaryOncSourec" is the U. S. I)cpartmcnt ofl)cfensc's information resource. Il'you arc listed as entitled to
legal protections under the SCRA (see above), please go to ti_.y,&.r,til;tartt;., y,r c_on; ' dal o. call t-306
"42 -C(47 (:c;l L w 6 Ga. ter.: Ua;t ti 3'.a.cs, to find out more inlbrmalion. Dialing instructions tie areas outside
the United States are provided on tbewebsite.
form HU D-92070
(612017)
11�
DMALIONAW
ombrA"""
You are, eligible to receive free counseling from a HUD -approved counselor, who
can help you review your financial situation and work with your loan servicer to
repay your outstanding property charges.
The counseling agencies listed below will be able to refer you to resources that might
assist you in balancing your budget and retaining your home:
• National Foundation for Debt Management (866) 395-5769
• ClearPoint Credit Solutions (888) 395-2664
• Greenpath (888)860-4167
• Money Management International (866) 76.5-3 32R
• National Foundation for Credit Counseling (866) 363-2227
• NcighborWorks America (888) 990-4326
If you have difficulty reaching one of the HUD -approved housing counseling agencies
listed above; you may umlact TTITD's Housing Counseling Locator Service at (900) 569-
4287 or search online at wtivw•.hud.govlfnndacounsclor
The HUD Housing Counseling Locator Service center handles all types of mortgages.
Therefore, you should ask to speak with a `TIECM Program Specialist". You will be
provided with information about a HUD -approved housing counseluig agency that can
Mork with you to address your concerns and assist you with your (inancial situation.
WARNING: In the midst of the current economic turmoil and foreclosure crisis,
distressed homeowners are often targets for unscrupulous and sometimes criminal
third -party scammers, con -artists, and thieves. If you are contacted by anyone who
is not your reverse mortgage servicer or lender, offering to work on your behalf for
a fee or claiming you quality for a loan modification, you should contact:
The 1J. S. Department of HoLising and tlrban Development Office o('the Inspector
General Hotline
Toll -Free Hotline: (800) 347-3735
Fat: (202) 708-4829
E-mail: hotline�l. udoiu.aov
Address: HUD OIG Hotline (GFI), 451 7th Street, SW, Washington, DC 20410
2. The Federal Trade Commission
Toll -Free Helpline: 1-877-FTC-HELP (1-877-382-4357)
T l Y: 1-866-653-4261
3. The Federal Bureau of investigation
Phone: 1-800-CALL FBI (225-5324)
IMPORTANT DISCLOSURES
If you are currently in a bankruptcy proceeding or have received a discharge in bankruptcy, this communication
is for informational purposes only and is not an attempt to collect a debt. If you are represented by an attorney,
please provide this notice to your attorney.
We use third -party providers to perform certain services. We remain responsible for all actions taken by such
third -party providers with respect to such services.
Notice of Error and Request for Information
Federal law gives customers the right to notify us of an error regarding the servicing of their loan or to request
information regarding their loan. If you wish to provide a notice of error or a request for information, you must
write to us at the following address: PO Box 40719, Lansing, MI 48901. The letter must provide the customer's
name, loan number, and description of the error or detailed list of the information being requested.
If your property is located in the State of Texas:
COMPLAINTS REGARDING THE SERVICING OF YOUR MORTGAGE SHOULD BE SENT TO THE DEPARTMENT OF
SAVINGS AND MORTGAGE LENDING 2601 NORTH LAMAR, SUITE 201, AUSTIN, TX 78705. A TOLL -FREE
CONSUMER HOTLINE IS AVAILABLE AT 877-276-5550. A complaint form and instructions may be downloaded
and printed from the Department website located at www.sml.texas.gov or obtained from the department upon
request by mail at the address above by telephone listed above or by email at smlinfo@sml.texas.gov.
Ifyourproperty is located in the State of New York:
Your servicer is either a registered servicer or exempt servicer registered with the Superintendent of the New
York State Department of Financial Services. For further information or to make a complaint regarding your
servicer you may contact the New York State Department of Financial Services Consumer Assistance Unit at
(800) 342-3736 or by visiting www.dfs.ny.gov.
If your property is located in the State of Arkansas:
Your servicer is licensed in Arkansas and complaints about your servicer may be submitted to the Arkansas
Securities Department via the Department's website (http://www.securities.arkansas.gov/) or toll -free at (800)
981-4429.
If your property is located in the State of Oregon:
Borrowers: The Oregon Division of Financial Regulation (DFR) oversees residential mortgage loan servicers who
are responsible for servicing residential mortgage loans in connection with real property located in Oregon and
persons required to have a license to service residential mortgage loans in this state. If you have questions
regarding your residential mortgage loan, contact your servicer at (866) 654-0020 or by email at
BC@reversedepartment.com. To file a complaint about unlawful conduct by an Oregon licensee or a person
required to have an Oregon license, call DFR at 888-877-4894 or visit dfr.oregon.gov.
If your property is located in the State of Hawaii:
Your servicer is a licensed mortgage servicer in Hawaii. Complaints may be submitted to the Hawaii Department
of Financial Institutions at P.O. Box 2054, Honolulu, Hawaii 96805 or dfi@dcca.hawaii.gov. A complaint form
and instructions regarding how to file a complaint are available at http://cca.hawaii.gov/dfi/file-a-complaint/.
FINANCE of AMERICA
- REVERSE" -
April 6, 2022
Reverse Mortgage Servicing Department
P.O. Box 40724 - Lansing, Michigan 48901-7924
(866) 446-0026 Office
(866) 443-0048 Fax
Sent via Certified Mail
ESTATE OF: KAREN R BUCKWALTER
48 WINGO ST.
TEQUESTA, FL 33469
Mortgage Due & Payable Notification
This is an attempt to collect a debt. However, if your loan is currently, or was
previously involved in a bankruptcy where your case was discharged and/or
you are surrendering the real property in which Finance of America Reverse
LLC has an interest, we are not seeking personal liability against you. We are
pursuing our rights as they relate to the real property under the terms of the
Deed of Trust or Mortgage.
RE: Reverse Mortgage Loa --
Dear ROGER BUCKWALTER:
The reverse mortgage in the amount of $247,636.69* as calculated to the end of the
current month, is technically in default due to the nonpayment of taxes and/or
insurance on the principal residence.
This default must be resolved by any of the following methods, in accordance with
applicable Federal and/or investor guidelines:
A. The total amount of money advanced to pay taxes and/or insurance of $2,433.00
must be repaid with certified funds. Please contact us to discuss your options
regarding this in more detail.
B. The total loan debt must be paid -in -full within 30 days from the date of this letter
with wired or certified funds.
C. The mortgage will be released, and no deficiency judgment filed if the property
sells for at least 95% of the appraised value with the proceeds made payable to
Finance of America Reverse LLC, even if the debt is greater than the appraised
value, under a HUD approved Short Sale.
i;- Please contact us for more information if you are interested in this option and
believe that the property value is less than the outstanding principal balance.
D. If the debt is not paid -in -full, or the property is not sold within 30 days from the
date of this letter, we are required to initiate foreclosure proceedings. If applicable
laws or regulations cause a delay in us initiating the foreclosure proceedings, we
PLEASE SEE LAST PAGE FOR IMPORTANT DISCLOSURES
will initiate the foreclosure proceeding after any applicable legal or regulatory
prohibitions end.
E. Provide Lender with a deed in lieu of foreclosure.
If you fail to cure this breach within 30 days from the date of this letter, we may
proceed with foreclosure and sale of the property, except when applicable laws or
regulations require a delay in initiating the foreclosure proceedings. If applicable,
we will initiate the foreclosure proceeding after any applicable legal or regulatory
prohibitions end.
Once the foreclosure action begins you can still pay all monies due, including
attorney's fees, and have the foreclosure process discontinued.
In addition to the options detailed above, we strongly encourage you to contact
a HUD housing counselor in your area, free of charge, by calling them toll -free
at (800) 569-4287 or by contacting one of the HUD approved agencies on the
attachment enclosed with this letter.
Whichever option that you choose, HUD guidelines require that we obtain a full
appraisal on the property. You may be receiving a phone call from our appraisal
vendor in the coming weeks to attempt to schedule an appointment to visit the
property. You may request an appraisal, at your own expense, if an estimate of
the property's current value is desired. Please note that all appraisals must be
completed by a HUD -certified appraiser.
Please note that if the reverse mortgage had available funds in a Tax & Insurance Set
Aside (or Lifetime Expectancy Set Aside) to pay for property taxes and/or insurance,
those funds are no longer available due to the due and payable status of the loan.
You will be responsible for paying for any future tax and insurance obligations on the
property from this point forward.
We realize these are very difficult times and are willing to work with you, but it is
essential that you contact us immediately to discuss these important matters. You may
reach our Reverse Mortgage Servicing Department at (866) 446-0026 from 8:00am-
6:00pm EST, Monday through Thursday and 8:OOam-5:OOpm EST on Friday.
Sincerely,
Reverse Mortgage Servicing Department
* This is not a payoff figure. Please contact our Reverse Mortgage Servicing
Department to obtain an accurate payoff amount. 121
W"Tw"
This is an attempt to collect a debt and any information obtained will be used for
that purpose.
FINANCE of AMERICA
— REVERSE" —
Reverse Mortgage Servicing Department
P.O. Box 40724 - Lansing, Michigan 48901-7924
(866) 446-0026 Office
Letter of Intent (866) 443-0048 Fax
Loan Numbe
Borrower Na KWALTER
Property Address:48 Wingo Street, TEQUESTA, FL 33469
Please utilize the form below to document your intentions regarding the property
listed above. If you intend to sell the home or otherwise pay the balance due in full,
this information is crucial towards obtaining additional time extensions for you, if
necessary, to satisfy the loan.
Please complete the form within 30 days from the date of the attached letter and
mail it to the address above or fax it to (866) 443-0048, you may also email it to
loanadmin@reversedepartment.com.
Description of Intention Information/Documentation needed
(Check option that applies)
Intend on listing the property for Please provide a copy of the listing
sale. agreement, MLS printout, or proof that it
is listed "For Sale by Owner"
Intend on obtaining financing to
keep the property.
Intend on requesting a short sale
on the property.
Intend on requesting that the
property be deeded back to the owner
of the loan.
Please provide proof that financing has
been requested and is in process.
Please call to discuss this option in more
detail with a specialist at (866) 446-0026.
- -------------------.
Please call to discuss this option in more
detail with a specialist at (866) 446-0026.
Request that the servicing Please ensure that you have signed below
department proceed with foreclosure on I if you are selecting this option.
the property.
By completing this form and signing below, you are not obligating yourself to
take the actions above. This form simply documents your intentions.
Signature
Signature
Printed Name
Printed Name
Date
Date
Servicemembers Civil Relief LE . Department of OMB Approval 2502 •0584
Act Notice Disclosure Housing and Urban Exp 313112021
Development Office of
Housing
Servireme_mbers on `active duty ' or active service," or a spouse or dependent of such a sersicemember maybe entitled to
certain legal protcttions and debt reliel'pursuant to the Servicumcmbots Civil Reliel' Act (50 USC §§ 39014043)
(SCRA).
Who May Be Entitled to LCMI Protons Under the SCRA?
• Riegular members ofthe U.S. Anted Forces (Army, Navy, Arc Force Marine Corps and Coast
Guard).
• R-K-r-.: and Naticutal Guard personnel who have born activated and arc on Federal active duty
• National (kiard personnel under a call or order to active duty, for more than 30 consecutive days under
section 502(t) of title 32, United States Code, for purposes of responding to a national emergency
declared by the President and supponed by Federal funds
• Active sxvico:mcmbm,ofthcamnmissionalcvrpsofthePublic Health Serviccand theNaticnw,
Oceanic and Atmospheric Administration.
• Certain United States citizens servingwith theanned forces ofa nation with which the United States
is allied in the prosecution of a war or militaryaction.
I I I• ic'n.Ter :1 i "i �.
• The SCRA, states that a debt incurred by a servic emember, or wrvicentember and spouse jointly, prier to
entering military service shall not bear interest at arate above 6 %dtuingtheperiod of militaryserviceaud one
yesrthereaAJnthe caseofan obligation or liahilityconsistingofa mnrtgage tructdeed, or otterseariq in thenatime
ofamor qar—orduringtheperindofmi}iwysavice in the case ofanyoher obligation or liability.
• The SCRA states that in a legal action to enforce a debt against rail estate that is filet during, or within one
year after the scrvicemember's militaryservice, a court may stop the proceedings for a period of time, or
adjust the debt. In addition, the sale, foreclosure. or sciiurc ofreal estate shall not be valid i fit occurs during
or within one year after the servicecnember's military service unless the creditor has obtained a valid court
order approving the sate, foreclosure, or seizure of the real estate.
• TbeSCRA comains Tnany other protections besides those applicable to home loans.
in order to request relief under the SCRA from loans with interest rates above 6% ascrvicemomber or spouse
must provide a written request to the tender, together with a copy of the servicemember's military orders.
Reverse Mortgage Servicing Depwtment,PO f lox 40724, Lansing Mi 48901-7924 Toll-Frc4866) 278-2008
There is norcquiremcnt under the SCRA, however, for a scrviccmcmbcr to provide a written notice or a copy
ofa senlcemember's military orders to the lender iu connection with a foreclosure or other debt enforcement
action against real estate. lender these circumstances, lenders should inquire about the militarystatus of a
person by searching the Department of Defense's Defense Manpower Data Center's website. contacting the
servic emember, and examining their files for indicia of military service. Although there is no requirement for
servicemembers to alert the lender of their military status in these situations, it still is a good idea far the
servicemember to do so.
• Saviccmembers and dcpcmdcats with questions about tic SCRA should con et their unit's Judge Advocate, or
their installation's Legal Assistance Officer. A military legal assistance office locator for all branches of the
Armed Forms is available at ,ntq �•'l�Wssi�1�� 1rw.x* m�Lc�strnvkxIT9,., hp
• `-MilitaryOncSourcc" is the U. S. Department oflk Tense's information resource. Il'yo u arc listed as cmtilled to
legal protections under the SCRA (see above), please go to -._ ill:tar,w,e _orl,r E_dn:l; I os kall I -sOG-
".2!:G47 (.al 1; c : 6 w. th.; Ua:t ti ;> r.c.s: to Lind out more inlbrmalion. Dialing instructions fior areas outside -
the United States are provided on theweisite.
farm HUD-92070
(612ot7)
1�
i�tt+roi�ruo
r�rrerraau>'a
You are, eligible to receive free counseling from a HUD -approved counselor, who
can help you review your financial situation and work with your loan servicer to
repay your outstanding property charges.
The counseling agencies listed below will be able to refer you to resources that might
assist you in balancing your budget and retaining your home:
• National Foundation for Debt Management (866) 395-5769
• ClearPoint Credit Solutions (888) 395-2664
• Greenpath (888) 8W-4167
• Money Management International (966) 76.5-3328
• National Foundation for Credit Counseling (806) 363-2227
• NeighborWorks America (898) 990-4326
If you Live difficulty reaching one of the HUD -approved housing counseling agencies
listed above; you may contact HUD's housing Counseling Locator Service at (900) 569-
4287 or search online at wtivw.hud.aovlfindacounselor
The HUD Housing Counseling Locator Service center handles all types of mortgages.
Therefore, you should ask to speak with a `TIECM Program Specialist". You will be
procrided with information about a HUD -approved housing counseling agency that can
work with you to address your concerns and assist you with your financial situation.
WARMING: In the midst of the current economic turmoil and foreclosure crisis,
distressed homeowners are often targets for unscrupulous and sometimes criminal
third -party scammers, con -artists, and thieves. If you are contacted by anyone who
is not your reverse mortgage servicer or lender, offering to work on your behalf for
a fee or claiming you qualify for a loan modification, you should contact:
The II. S. Department ol'Thuming and Urban Development Oliice of the Inspector
General Hotline
Toll -Free Hotline: (800) 347-3 73 5
Fax: (202) 708-4829
E-mail: hotline(a)hu doia.aov
Address: HUD OIG Hotline (GFI), 451 7th Street, SW, Washington, DC 20410
2. The Federal Trade Commission
Toll -Free Helpline: 1-877-FTC-HELP (1-877-382-4357)
T f Y: 1-866-653-4261
3. '1'he Federal Bureau of Investigation
Phone: 1-800-CALL FBI (225-5324)
I IMPORTANT DISCLOSURES -I
If you are currently in a bankruptcy proceeding or have received a discharge in bankruptcy, this communication
is for informational purposes only and is not an attempt to collect a debt. If you are represented by an attorney,
please provide this notice to your attorney.
We use third -party providers to perform certain services. We remain responsible for all actions taken by such
third -party providers with respect to such services.
Notice of Error and Request for Information
Federal law gives customers the right to notify us of an error regarding the servicing of their loan or to request
information regarding their loan. If you wish to provide a notice of error or a request for information, you must
write to us at the following address: PO Box 40719, Lansing, MI 48901. The letter must provide the customer's
name, loan number, and description of the error or detailed list of the information being requested.
If Your property is located in the State of Texas:
COMPLAINTS REGARDING THE SERVICING OF YOUR MORTGAGE SHOULD BE SENT TO THE DEPARTMENT OF
SAVINGS AND MORTGAGE LENDING 2601 NORTH LAMAR, SUITE 201, AUSTIN, TX 78705. A TOLL -FREE
CONSUMER HOTLINE IS AVAILABLE AT 877-276-5550. A complaint form and instructions may be downloaded
and printed from the Department website located at www.smi.texas.gov or obtained from the department upon
request by mail at the address above by telephone listed above or by email at smlinfo@sml.texas.aov.
If your property is located in the State of New York:
Your servicer is either a registered servicer or exempt servicer registered with the Superintendent of the New
York State Department of Financial Services. For further information or to make a complaint regarding your
servicer you may contact the New York State Department of Financial Services Consumer Assistance Unit at
(800) 342-3736 or by visiting www.dfs.ny.aov.
if your property is located in the State of Arkansas:
Your servicer is licensed in Arkansas and complaints about your servicer may be submitted to the Arkansas
Securities Department via the Department's website(httn://www.securlties.arkansas.eov/) or toll -free at (800)
981-4429.
If your property is located in the State of Oregon:
Borrowers: The Oregon Division of Financial Regulation (DFR) oversees residential mortgage loan servicers who
are responsible for servicing residential mortgage loans in connection with real property located in Oregon and
persons required to have a license to service residential mortgage loans in this state. If you have questions
regarding your residential mortgage loan, contact your servicer at (866) 654-0020 or by email at
BC@reversedepartment.com. To file a complaint about unlawful conduct by an Oregon licensee or a person
required to have an Oregon license, call DFR at 888-877-4894 or visit dfr.oregon.gov.
If, your property is located in the State of Hawaii:
Your servicer is a licensed mortgage servicer in Hawaii. Complaints may be submitted to the Hawaii Department
of Financial Institutions at P.O. Box 2054, Honolulu, Hawaii 96805 or dfi@dcca.hawaii.gov. A complaint form
and instructions regarding how to file a complaint are available at httP:Hcca.hawaii.gov/dfi/file-a-complaint/.