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    Bill of Exchange

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    Bill of Exchange

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    969 Ansichten50 Seiten

    Bank One v. Ward Bill of Exchange Valid

    Hochgeladen von

    GOD SAVES AMERICA
    Bill of Exchange

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    © All Rights Reserved
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    THE MATERIAL CONTAIND HEREIN IS FOR EDUCATIONAL PURPOSES ONLY. ANY USE OF THIS MATERIAL IS DONE AT YOUR OWN RISK. IN THE CIRCUIT COURT OF THE 7TH JUDICIAL CIRCUIT. IN AND FOR VOLUSIA COUNTY. FLORIDA CIVIL DIVISION CASENO 200131818 CICI DANK ONT, NATIONAL ASSOCIATION, AS TRUSTEE, Plaintitl, vs ROBERT E WARD, JERILYNN WARD AIK/A IFRILYN 1. WARD: SARA SHIP. FUGATE, JOHN DOE AND JANE DOE AS UNKNOWN TENANT(S) IN POSSESSION OF THE SUBJECT PROPERTY, Respondent MOTION TO STAY ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY, JUDGMENT WITH PREJUDICE, ORDER GRANTING MOTION TO DISM ‘COMPLAINT WITH PREJUDICE, ORDER DECLARING MORTGAGE, LIS PENDENS AND NOTE SATISFIED AND FULLY DISCHARGED AND FINAL, JUDGMENT FOR DEFENDANTS COMES NOW Plaintiff, BANK ONE, NATIONAL ASSOCIATION, AS TRUSTEE, by and through undersigned counsel and, pursuant to Fla R App Pro 9310, moves the Court for an order slaying the effect of the order entered on December 2/, 2wUz, by Litem Judge, Walham € Johnson, Jr, denying Plaintiff's movon for summary judgment wu prejudice, granting motion to disnss complaint sth prejudice, declaring mortgage, hs pendens and note satisfied and fully discharged and final judgment for Defendant, Sara Suc Fugale, and in support thersof would stato the following 1 On or about July 25, 2001, planuff commenced this action to foreclose mortgage on real property located m Volusia County, Florida, which was then owned by the Bank one vs, Robert Ward.max defendants, Robert 8 Ward and Jenlynm L Ward (heremafter “Ward”) The second mortgagee and former owner of the property, Sara Sue Fugate (heremafler “Fugate"). was also jomed as a defendant in the action ' 2 Following service of the summons and a copy of the complaint on the defendants, the Clerk of Ure Cou entered a defurlt ayant dic Wards aud Fugats (a vupy uf dhe Cletk’s default is attached as Exiubit “1” to the Appendix of Exhibits served herewith) On or about September 20, 2001, the Honorable Joseph G Will heard plaints amtial motion for summary judgment of foreclosure The Defendant borrowers, Robert E Ward and Jenlynn T. Ward appeared at the summary judgment hearmg, at which time Tudge Wall ordered the parties to mediation 4 On or about December 6, 2001, undersigned counsel and Ward attended a , pla mediation conference as directed by Judge Will AC the mediauwon eur FP aged to attempt loss mitigation efforts with the Wards, in an effort to assist them im remstaung the mortgage. However, those efforts failed Thereafter, on February 6, 2002, another hearing on plants motion for summary final judgment was heard, this ume before Judge William C Johngon, Jr A¢ that ime. Judge Tohnenn accnmed recpancibility far the civil division fo which this case was assigned Again, the motion for summary judgment was denied (although no vwnttien order was enlerod), and the Court orally directed the plaintiff to provide restatement quotes and a payott quote 10 the defendants Gn the same date, February 6, 2002, plant caused to be delivered by facsimile transmission to Fugate, a payolT letter, indicating that the payoff amount to satisfy the subject mortgage held by the plamntifl was $72,039 34 (a copy of the February 6, 2002, letter to Ms Fugate 1s attached as Exhibit “2” in the Appendix scrved herewith) "The Wards deeded the propeny by quit clam (0 Fugate on Merch 26, 2002 ‘The deed was recorded on May 24, 2002 at Offictl Recors Rook 4868, Page 1992, Public Records of Volunta County, Plot Bank one vs, Robert Ward.max 6 On or about February 6, 2002, Fugate, caused to be delivered to plaintiff's mortgage servicing company. Homeconnngs Financial Network. in Dallas. Texas. a document purporting to be a Bill of Exchange, which document Fugate clamed served to satisly the mortgage held by plaintiff (a copy of the onginal Bull of Exchange submitted by Sara Sue Fugate ip attached ay Exhibit “3” ui dhe Appeuhs served lcrewith) However, Fugate dil ut follow the mstrucitons contained m the payoff quote provided, by fulmg to submit a cashier's check or certified funds to the plaintiff's attorneys Plaintiff's attorneys were not even aware that Fugate had forwarded her alleged Bill of Exchange to tls client in Texas, until another hearing on motion for summary judgment was held hefore Judge Johnson on Iuly 10, 20027 8 The plamtifP’s servicing agent reasonably believes that the alleged Bill of Exchange submitted by Fugate ts, 1n fact, a fraudulent document The alleged Bill of Exchange ts ot a bunk draf, but rather a homemade document, likely prepared ona computer I any event, Ms Fugate did not submit payoff funds sn the form of payment required by the plana As a result, plaintiff again requested entry of summary judgment and another hearing was held on July 10, 2002 before Judge Johnson At that hearing, Fugate argued that she had satisfied the mortgage hy payment with the Rill af Rechange (Ser Appendix. Fehsbst 9) and that she had “sen an additional $72,005 22 to Homecomngs yesterday” (See transcript of July 10, 2002 hearing before Judge Johnson at page 5, line 13, the orginal of which 1s apparently m the Possession of Ms Fugate, btn a copy has been filed in the Appendix as Exhibit “4") A copy of the second alleged Bull of Exchange dated July 9% 2002 1s attached as Exhibit “5” m the Appendix. The orginal of the second Bill of Exchange (See Appendix, Exhibit “S") was not received by the planuff, although plant's attomey’s recerved a copy ©The intial Till of xchange was reoetved by the cash ng department of plamuits serviemg agent The rel tor a fried stig Bank one vs, Robert Ward.max 9 Fagate alleged al the July 10, 2002 hearing that she had tendered the sum of $144,432 07 to plamuff (see transcript at page 4, line 5. Appendix. Exhibit “4°, although the amount necessary for Fugate’s redemption of the property, as of February 6, 2002, was only $72,039 34 The notion that fraudulent instruments totaling twice the amount due served to satisfy this Joun ie pure fiction Unfortunatoly, Iudge Johnson did not provide for an evidentiary hhearmg on the issue of redemption and orally dismissed the case, for reasons that are unknown to platntif (Sce page 10 of the transcript of the July 10, 2002 hearing before Judge Johnson, Apponis, Exinbt “4") Judge Jolson ordered planus counset wo prepare « proposed order denying the motion for summary judgment and dismussing the action The proposed order and a Motion for Clanfication and/or Rehearing were sent to Judge Johnson on July 19, 2002 (See copy of July 19, 2002 cover letter to Judge Johnson wath the proposed order, Appendix, Exhibit 6" and Motion for Rehearing, Appendix Exhibit “7") 10 On or about September 25, 2002 Judge Johnson telephoned one of planuff's attorneys, Amy M_ Post, Esq, 1n an ex parte communication Durmg the call, Judge Johnson advised Ms Post that the court file was in his chambers, but that he had not recewed the proposed order denying summary judgment that he directed to be sent to hum after the heanng on July 10, 2002 Accordingly, Ms Post directed another onginal of the proposed order along with conespondenee Gated September 25, 2002 (copy uf Heiter fiuus Awy Post, Esy Tu Judge Jotmson and Federal Express transmittal are attached to the Appendix as Exhibit “8") TH] Onor about September 12, 2002 Fugate served her vertfied motion to show eause Why the order for dismissal and verifying discharge should not be signed (2 copy of said motion 15 altachod as Exhibit “9” im the Appendix) ‘The court conducted a hearing on Fugate’s motion October 8, 2002 (the original transcript of said hearing has been filed with this motion for stay, a copy eppeats in the Appendix as Exhibit “10") At the hearng, plamntff agam requested an covidentiary hearing on the 1ssue of Fugale's alleved redemption by tender of the alleged Bills of Bank one vs, Robert Ward.max Exchange However, Judge Johnson incicated that he would not take any evidence in this case (ee page 7 and 8 of the transenpt of the October 8. 2003 hearing, Appendix. Exhibtt 10”) 12 On or about January 3, 2003, undcrsigned counsel recerved copies of three orders entered by Judge Johnson, including, order denying plant's mouon for summary judgment and dhisrm cig ease dated December 24, 2002 (Appendix, Exhibit “11"), onler denying motion for clarification and/or rebeanng entered December 27, 2002 (Appendex, Exhibit “12") and order denying plamntiff's motton for summary pudgment with preyudice, granting motion to dismiss 1gagc hts pondens and note satiofied and fully complaint with prywihee, onter declaring discharged, and final yudyment for defendants, entered on December 27, 2002 (Appendix, Exhibit “13”) These orders are currently on appeal 13 Its plamttf’s posttion that the alleged redemption by Fugate was inettectual and that Judge Johnson should have provided an evidentiary hearing and/or tral on the redemption sssue priot to ruling The effect of Judge Johnson’s order 15 the tolal forfeiture of plamutl's duly recorded and unsatisfied mortgage given by the Wards Plamtff will suffer srreparable harm and damage unless the court stays the order of December 27, 2002 canceling the hs pendens. dismissing the action with preyudice and releasing the mortgage from the public records Plamtff stands ready to post reasonable bond as required by lave WIIEREPORE, plointull prays that the court y the order of December 27, 2002, insofar as 1t declares plaintiff's mortgage, note and his pendens to be filly satisfied and discharged 1 HEREBY CERTIFY that a truc and conect copy of the forego motion was provided via US Mail ta Defendants, Robert & Ward, 500 South Seneca Biv. Daytona Beach, FL 32114, Jenlyna L. Ward, 500 South Senoca Blvd . Daytona Beach, FL 32114, and Sara Sue Fugate, 15363 SB 105 Temace Road, Summerfcld, FL 34491, ths £2 day of January, 2003 Bank one vs, Robert Ward.max TLLP8L ON Jeg BpLopL “If “UBWIMON plaeg WA, \ } y Ag & ErzS-ESh (SG) RIC Pat ZSO9-LLL (PSG) a[iunsoR,y BEPC Ihr-008-1/S9CO-ESh (ps6) auoydofaL GOELE Td ‘S]eplopney] 1o.J OZI ang “eens 6? “MN OO8I V d WosyeA 'D [eYsIe] JO SOONTO Me] Bank one vs, Robert Ward.max IN THE CIRCUIT COURT OF THE 7TH JUDICIAL CIRCUIT, IN AND FOR VOLUSIA COUNTY, FLORIDA CIVIL DIVISION CASENO 2001 31518 CIC] BANK ONE, NATIONAL ASSOCIATION, AS TRUSTEE, Plant? vs ROBERT E WARD, JERILYNN WARD AK/A JERILYN L_ WARD, SARA SUE FUGATE, JOHN DOE AND JANE DOE AS UNKNOWN TENANT(S) _ IN POSSFSSION OF THR SIRIRCT PROPERTY, Respondent NOTICE OF FILING COMES NOW Plaintiff, BANK ONE, NATIONAL ASSOCIATION, AS TRUSTEE, by and through undersigned counsel and hereby gives notice of filing the ongmnal transcript of the heanng conducted before Judge William © Johnson, Jr on October 8, 2002 1 HEREBY CERTIFY that a truc and correct copy of the foregomng Notice of Filing was provided via US. Mail to Robert E Ward, 500 South Seneca Blvd , Daytona Beach, FL 32114; Jertlynn Ward, 500 South Seneca Blvd , Daytona Beach, FL 32114, and Sara Sue Fugate, 15363 Bank one vs, Robert Ward.max SE 105 Terrace Road, Summerfield, FL 34491, ths & day of January, 2003 Law Offices of Marshall © Watson, P A 1600 WW. 49™ Strcct, Suste 120 Fort Lauderdale, FL 33309 Telephone (954) 453-0365/1-800-441-2438 Facsimule: (954) 771-6052 By Lig ¢ ee Wm David Newman, Jr Florida Bar No + 784771 Bank one vs, Robert Ward.max 10 1" 12 13 4 15 16 18 19 2n 21 22 22 24 25 IN THE CIRCUIT COURT, SEVENTH JUDICIAL CIRCUIT, IN AND FOR VOTAISTA COMNTY, FTORTDA CASE NO: 2001-31518-CICI BANK ONE NATIONAL ASSOCIATION, AS TRUSTEE, Plaintiff, vs ROBERT EB, WARD, JERILVNN I. WARD, a/k/a SRRTTVN 1 WARD, FT AT. ; SARA SIME RIIGATR, Defendants RRR RT ERE RR RE PROCREDINGS : MOTION HEARING DATE TAKEN: OCTOBER 8, 2002 TIME COMMENCED: 8:40 AM ‘TIME CONCLUDED. 8-50 A.M. PLACE: VOLMSEA COUNTY COURTHOUSE ANNEX 125 EAST ORANGE AVENUE DAYTONA BEACH, FLORIDA REPORTED BY: DEBORAH WARREN, RPR COURT REPORTER AND NOTARY PUBLIC tthe ahove-atyled eanse came nn tn he haard hefnre the Honorable William C Johnson, Circuit Court Judge, at the time and place above indicated, for the purpose of taking evidence and testimany in aaid cauae VOLUGTA REPORTING COMPANY POST OPFICH BOX 1409 DAYTONA BEACH, FLORIDA 32115 3R6-I8S-975N, ORIGINAL VOLUSIA REPORTING COMPANY Bank one vs, Robert Ward.max 10 FE 12 13 ua 15 16 17 18 19 20 21 22 23 24 25 APPEARANCES: WILLIAM DAVID NEWMAN, JR., ESQUIRE Law Offices of Marshall C Watson 1800 NW 49th Street, Suite 120 (954) -453-0365 Attorney for Plaintiff SARA SUE FUGATE Pro se Defendant VOLUSIA REPORTING COMPANY Bank one vs, Robert Ward.max 10 uy aa 4 45 16 18 19 20 aa 22 24 25 PROCEEDINGS THE COURT Someone has a court reporter. Who is that on? MR. NEWMAN: I ordered a court reporter, Your Honor. THE COURT: Why duu'L you Call Lie style of the case MR NEWMAN, The matter of Bank One, NA, versus Robexe B Ward, Jerslynn Ward, cc al., and Mo. Gara Sue Fugate. THE COURT Who are you? Mp NEWMAM, My namo is William Pavia Mowman, dx , Law Offices of Marshall Watson in Ft. Lauderdale for the plaintifs. THE COURT. Okay. And your name? MS. PUGATE- Sara Pugate. THE COURT: You've been here any number of times before. You're Sara Fugate I had given instructions to my secretary to cancel this hearing. I didn't want to undertake it at expedited hearings. We don't take testimony at expedited hearings, and the nature of this hearing 1s such that it 1s rar more extensive than the customary hearing anticipated to be taken up at expedited hearings VOLUSIA REPORTING COMPANY Bank one vs, Robert Ward.max 10 1 12 13 u 1s 16 7 18 19 20 22 22 23 24 25 In fact, we had notified your office that you couldn't appear by telephone. HR MBWMAN, Yes, Sle. THE COURT: We expected this hearing would exceed 15 minutes and certainly ten minutes, and you don't come to expedited's under any circumotances by telephone except in rare extraordinary difficulties. MR NEKMAN Yeo, sir. THR comRT. And have you received the marian For reconsideration that they had filed, Ms Pugate? MS. FUGATE: Is that the rehearing? THE COURT Something about asking for a reconsideration of my ruling. MR. NEWMAN: Yes. sir I believe Your Honor conducted a hearing on July 10th of 2002 There was a transcript of the proceeding. Your Honor at that point denied a motion for summary judgement of foreclosure and also ordered that the case be dismissed, according to the record. That's why we're asking tor some clarification on that particular order THE COURT: I thought you asked for recuusaderatlun un pelieas Lig. MR. NEWMAN: We had asked for that as well, because we believe that we have done all we need to VOLUSIA REPORTING COMPANY Bank one vs, Robert Ward.max 10 cv 12 2B 14 15 16 v7 1a 13 20 21 22 22 24 25 do to show the plaintiff is entitled to judgement. Ms Fugate and the borrowers are both in defanit We have appeared here locally a couple of tames to try to mediate with the borrower THE COURT: I saw the word fraud, didn't I. in that motion that you filed? Did I see that word in ere MR. NEWMAN: Not my mocion MS. FUGATE: Mine. There is misleading and misinformation in that motion THE COURT. I think I indicated at that last hearing, didn't I, if I was going to take any testimony and evidence in this case, it was going to be live, and it would be the representatives of the plaintiff who would appear and offer the testimony, and that there be no summary judgement Did J not indieare thar? MR NEWMAN: You did, Your Honor We'xe here today on Ms, Fugate's notice of an order to show cause why the court should ast dismiss the case THE COURT: She's asking -- what she's doing, I thank, from reading the pleadings, she's asking me to go shesd and enter the order that I indicated I would enter. MR. NEWMAN: That's correct. VOLUSIA REPORTING COMPANY Bank one vs, Robert Ward.max Lo aL 12 13 ua 15 1s 17 18 19 20 21 22 23 24 25 6 THE COURT: The file sits right down at the end of the table. At my first opportunity, it's ay intention to addrces it and Lu cule: such au order And perhaps after that, any motions for rehearing or xeconsideration might then be appropriate But I don't helieve there has been any order entered, has there? MR NEWMAN: No, Your Honor. I believe our office prepared an order pursnant Fa your instructions and forwarded it to your attention, and it has not yet be entered, to my knowledge. THE COURT: It's all right there, the stack with the big clip on the end. MR NEWMAN Certainly if Your Honor would care to entertain an evidentiary hearing, we will provide representatives from -- THE COURT: My intention, if I change my mind, I was going to set it for trial. MR NEWMAN Yes, sir WH COUR! So anything else? MS. FUGATE: Your Honor, I've provided motions, affidavits, records to verify -- THE COURT: I lave Chem all, us. sugate. MS. FUGATE. I understand. I believe that Homecomings Financial Institute accepted my tender. VOLUSIA REPORTING COMPANY Bank one vs, Robert Ward.max 10 a 12 13 14 a5 16 17 18 19 20 a1 22 aa 24 THE COURT: T said I'm not going to take any testimony this morning. I have everything there T was out all last week, one of the reasons I wanted to cancel this hearing I thought we had notified you it was being cancelled. MS. FUGATE: No, sir. THE COURT It was supposed to have been. If I deny it -- if I grant the end of the final sudgement. then if I take up the reconsideration, even if T grant it, at the very least there will be a trial -- MR. NEWMAN: Yes, sir THE COURT: -- with live testimony. MR. NEWMAN. TI would understand, Your Honor, that the trial would be over the punitive redemption under Statute 4503 5 THE COURT: You have to come and prove your case and overcome such affirmative defenser ag made MR. NEWMAN. My understanding of the file is that defaults were entered THE COURT: 1 make no representations concerning the status of the file. I assume you've make those representations to me upon your personal examination of the canrr File Te yon? MR. NEWMAN. Yes, sir THE COURT: The one downstairs? VOLUSIA REPORTING COMPANY Bank one vs, Robert Ward.max Lo 1 or 13 14 1s 16 20 21 22 23 24 25 MR. NEWMAN: No, sir. I have a copy of a -- conformed copy from the clerk that indicates that ms. rugave ana the borrowers are both in default. THE COURT I'm talking about the whole court file. MR, NOWMAN. I have not reviewed tle whole court file. THE COURT: Is there anything else? MP. NEWMAN, Mo, ix, Your Honor. THE COURT: Anything come of your efforts to reconcile whatever difference you claim to exist between yon? WR NEWMAN: I became involved in the case just around the end of September, so I'm new to understand that Ms. Fugate submitted a document, the original of which T brought with me. THE COURT: As I say, no evidence. MR NEWMAN: Yes, sir. It's my client's position that that particular document does not represent a bank draft which would be necessary to pay the redemption. MS. FUGATE A bill of -- THE COURT: Never mind. Anything else? This hearing is closed (WHEREUPON, the proceeding was concluded.} VOLUSIA REPORTING COMPANY Bank one vs, Robert Ward.max 1e un 12 13 14 4s 16 17 18 49 20 21 22 29 24 25 CERTIPICATE STATE OF FLORIDA COUNTY OF VOLUSIA I, Deborah Warren, Registered Professional Reporter, certify that I was authorized to and did stenngraphically report the foregoing proceedings and that the transcript is a true and complete record of my stenographic notes. Tared this 1arh day af Antnher, 2007 Dore woo Deborah Warren, Court Reporter VOLUSIA REPORTING COMPANY Bank one vs, Robert Ward.max IN THE CIRCUIT COURT OF THE 7TH JUDICIAL CIRCUIT, IN AND FOR VOLUSIA COUNTY, FLORIDA CIVIL DIVISION CASENO 2001 31518 CICI BANK ONE, NATIONAL ASSOCIATION, AS TRUSTEE, Plamnutf, ws ROBERT E WARD, JERILYNN WARD AIKJA JERILYN L_ WARD, SARA SU FUGATE, JOHN DOE AND JANE DOE AS UNKNOWN TENANT(S) __IN POSSESSION OF THE SUBJECT PROPERTY, Reopondent PPENDIX OF EXHIBITS TO MOTION FOR STAY RE) Table of Exhibits 1 Clerk's default dated August 28, 2001 2 February 6, 2002, letter from Plaintiff's counsel to Sara Suc Fugate 3. Copy of Bill of Exchange dated February 6, 2002 4 Transcript of July 10, 2002, hearing 3. Copy of sat! of exchange dared muy 9, 2007 6 Copy of July 19, 2002, fetter to fudge Johnson and proposed order denyine motion for summary judgment and dismissing action 7 Copy of motion for clanfication and/or rehearing dated July 19, 2002 Bank one vs, Robert Ward.max 8 Copy of letter to Judge Johnson dated September 25, 2002 9 Fugate's verified motion to chow cause 10 Copy of October 8, 2002, hearing transcript 11 Order on Plainuf’s motion for summary judgment dated December 24, 2002 12. Order denying motion for clanfication and/or rehcarmg dated December 27, 2002 13 Onder denymg PlunufTs mouon for summary judgment wih prejudice, order granny motion to dismiss complaint with prejudice, order declaring mortgage, lis pendens and note satisfied and fully discharged, and final judgment for Defendants LHEREBY CERTIFY that a true and correct copy of the foregomg Notice of Filing was provided via US Mail to Robert E Ward, 500 South Senece Blvd , Daytona Beach, FL 32114; Jenlynn Ward, 500 South Seneca Blvd , Daytona Beach, FT, 32114, and Sara Sue Pugate, 15363 S.E 105 Terrace Road, Summerfield, FL. 34491, thns&_day of Fanuary, 2003 Law Offices of Marshall C Watson, P A 1800 N.W 49" Street, Suite 120 Fort Lauderdale, FL 33309 ‘Telephone: (954) 453-0365/1-800-441-2436, Facsimile (954) 771-6052 Lb LED uv a pare fe erred Flonda Bar No. 784771 Bank one vs, Robert Ward.max IN THE CIRCUN COURT OF THE 711 JUDICIAL CIRCULL IN AND FOR VOLUSIA COUNTY. FLORIDA, CIVIL DIVISt BANK ONE, NATIONAL ASSOCIATION, AS ‘TRUSTEE Pasa, vs MOTION FOR DEFAULT ROBERT E WARD, JERILYNN L WARD A/K/A JERILYN L WARD, SARA SUE PUGATE, JOHN DOL AND JAN. DOL AG UNKMOWN ‘TENANT (S) IN POSSESSION OF THE SUBJECT PROPERTY, Defendants Go) JERILYNN L WARD, Plarnust moves for euuy of a for Failure to serve any paper (IK/A JERILYN 1, WARD, ROBERI fon the undersigned ar file any paper as required by law. NOTE TO CLERK: In the event thal any of the aforenamed defendants have timely filed any paper m the above-styled cause. ‘or should thetr return of service not be filed, then please strike the name of such defendant froma the above Law Offices of Marshall C Watson, PA 1800 NW 49" Stroet, Suite 120 Fort Lauderdale, FL33309 Telephy (054) 453-0365, aes (34) 11-6 i] by @ Guicia A Ava, ey Bar Number 479993 DEFAULT A Default 1s hereby e Ward. Robert Is Ward, xed an this action against the Defendant(s) Feulyan L Ward A/K/A Jeulyn L 12 Fugate: for fatlure to serve or file any paper as required by Law ninco Clugguat 4! DIANE. M MATOUSEK As Clerk ol the Coutt vty 8 Whe AS Deputy CMe Wrines my hand and seal of sand Ci Bank one vs, Robert Ward.max toot 02 13-21 FAX e ° yee TX RELORT asx TRANSMISSION OK COMNCTION "8 raszaaazs01 CcoNRECTION 1 st TIME e2/08 13.17 isact watt 6s. Scr 2 Ris ox LAW OFFICES OF Marshall C. Watson, P.A. 1800 NORTH Wrst 49™ STREET, SUITE #120 FORT LAUDERDALE, FLORIDA 33309 seamgug Asien “Tekphone 950 453.0365, Marsbaif Wace Facial 54) 771-4052 Diasa A Sate WME David Neve, dr Dati A Poa VIA FACSIMILE Febunaty 0, 2002 (52) 288-2801 Sara Fugate RE Posyeaty Address 30 SUI SENECA BLYD DAYTONA BEACH, FL. 32114 Loan # 0432225159 Owner ROBERT F WARD AND JERILYNNL WARD A/K/A JERILYN L WARD Mortenpor ROBERT F WARD AND JERILYN L WARD A/K/A JE, Our File # 01-02987 Dear Se/Madamn ‘Ths fiom represents BANK ONE, NATIONAL ASSOCIATION, AS TRUSTEE, the Plant i the above rome nngSte foreclosure acton We are atempinng to colect the money die unde hat moxigage snd ny ‘aformaton obtamed from you wal be used for teat pace ‘Mlached hereto the pay-off statement you requested regarding the above referenced account I inme wnt ofthe total pay-ufT sum de, 1 ne form ot cashier's check or ceed Juni, the subject acuon wllbe Gemssed “Uni such recep, the action willbe prosecuted ia normal facwon, snl ie letter shal sete cana a anagrcementon the part of the Plamtsff m any way to abate sud prosecution Bank one vs, Robert Ward.max Oe Onan WL Me USED FOR THAT PURPOSE relv yours, alinn 4 fy fi File Number 01-02987 Per Diem Amount 1851 ‘Unpaid Loan Balance S$ cossrss terest Due 3 568327 Exciow Overdraft 5 1100509 Late Charges $ “B12 Broker's Price Onision 5 i [Appeneal neers tn oe eae SF check fee 5 1000 Recovdng fee 5 600 rupeny aspect 3 on Get 3.07049) Foreclosure Coste Ss 1.08700 Foreclosure Atonney fee s____9s000 Toul s 72093 ova Bank one vs, Robert Ward.max LETTER O1 ADVICE. NOT SUBJECT 10 NEGOTIABILETY ~- ACCEPTANCE FOR VALUE Ke Assonat No 0432225159 e OPy Attn HOMECOMING FINANCIAL Nt 838 S Greeavate Avenn Richardson. Texas 75081 do 15363 SI ute 200 Sara S. Fugue, Secured Party 105 Terrsce Road refickd Mira ($4491) Re Notice ~- Processing of Bill of Exchange (BA-Time Draft) Date bebmuary 6 2002 1am in receipt ofthe alached offer requesting payment. Enclosed please find the Bill of Exchange (BA — Time Dra) the processing of whic will discharge the entire curent atnount stated onthe claim herein accepted for value. This Negotable Instrument is presented undec authority of Public Law 73-10, UCC 3-104(0), Spencer » Sierling Bark, 63 Cal Ap. 48 1055 (8998), Guaranty Trust Co of New Yorky Henwood et al, 59 8. Ct. 847, and Wikin Negotable Instruments, Vol 3 (2001 Supplementjoa the undersigned's UCC Contract Trust Account Following are the stops required t settle ths account This is not 2 Treasury/Bond Accouat L 2 ‘The enclose Negotiable Instcument is hereby presented and the following process must be followed tothe leter in order to satisfy the claimed amount de on thts account and discharge ofthis dot. My Personal Direct Treasury Trust (UOC Coniract) Account bas been setup atthe Department of the Treasury ‘ana may only be accessen witn my approval tarougn ine bank account of tho taxman cre

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