consuegra - scriverners error filing

8/3/2019 Consuegra - Scriverners Error Filing

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Law Offices ofDaniel C. ConsuegraAttorneys at Law9204King Palm Drive

Tampa, Florida 33619-1328Tel: (813) 915-8660Fax: (813) 915-0559www.consuegralaw.com

Elizabeth M. FerrellDessa LansenUse Levins

Lance L.MorleyJeska D. MorrowAyana Siplin

Allison D. Thompson

Daniel C. ConsuegraJennifer A. SestaWill Aubrey

Shannon N. CollinsKelley A CramerJoshua D. DonnellyLindsay R. DtuU1

June 7, 2010

The Honorable Meenu SasserPalm Beach County Courthouse205 North Dixie HighwayCourtroom 4AWest Palm Beach, FL 33401RE: CAPITAL ONE/CO v. RACHLIN, ANDREW &LAURAACCT NO. ENDING IN: 4354

OUR FILE NUMBER: 57351CASE NUMBER: 50-2010-CA-004801Dear Judge Meenu Sasser:

I am respectfully submitting for Your Honor's consideration the enclosed Motion andproposed Order to Reform the Assignment of Mortgage and Correct Scrivener's Error intheComplaint, Lis Pendens, and Assignment of Mortgage for the above referenced case.

I hope the Court might consider this matter without the necessity of a hearing. I wouldask the Court contact me inthe event I might be of additional assistance.

\rnsf

cc w / enclosures: all parties on the Master Civil Service List
http://www.consuegralaw.com/http://www.consuegralaw.com/


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Enclosures: Motion to Reform the Assignment of Mortgage and Correct Scrivener's Error inthe Complaint, Lis Pendens, and Assignment of MortgageOrder to Reform the Assignment of Mortgage and Correct Scrivener's Error inthe Complaint, Lis Pendens, and Assignment of MortgageCorrective Assignment of Mortgage

MASTER CIVIL SERVICE LISTANDREW RACHLIN9668 BRIDGEBROOK DRIVEBOCA RATON, FL 33496LAURA Rf\CHLIN9668 BRIDGEBROOK DRNEBOCA RATON! FL 33496PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR BYMERGER TO NATIONAL CITYBANKCIO JAMES E. ROHR, CHAIRMAN AND CEO249 FIFTH AVE, I PNC PLAZAPITTSBURGH, PA 15222THE OAKS AT BOCA RATON PROPERTY OWNERSl ASSOCIATION, INC.CIO MATHEWS-GRAY, JUDY1000 CLINT MOORE RD, STE 110BOCA RATON! FL 33487


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IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF THESTATE OF FLORIDA, IN AND FOR PALM BEACH COUNTYCIVIL DIVISIONUS. BANK NATIONAL ASSOCIATION, AS TRUSTEEFOR CCB LIBOR SERIES2006-2 TRUST,

Plaintiff,vs.

CASE NO. 50-2010-CA-004801

ANDREW RACHLIN, et atDefendant( s).

------~----------------------------/MOTION TO REFORM THE ASSIGNMENT OF MORTGAGE ANDCORRECT SCRIVENER'S ERROR IN THE COMPLAINT, LIS

PENDENS, AND ASSIGNMENT OF MORTGAGECOMES NOW, the Plaintiff, U.S. BANK NATIONAL ASSOCIATION, AS

TRUSTEE FOR CCB LlBOR SERIES 2006-2 TRUST, and moves this Honorable Court foran Order Reforming the Assignment of Mortgage and Correcting Scrivener's Error in thePlaintiff's name on the Complaint, Lis Pendens, and Assignment of Mortgage andsupport thereof alleging:

1. On March 5, 2010, an assignment of mortgage was recorded in the publicrecords of Palm Beach County at Official Records .2. On February 3, 2010, a complaint of Foreclosure was filed in the Circuit Courtof Palm Beach County, Florida.

3. There was an error contained in the Plaintiff name, which should read:US. Bank, N.A. as trustee relating to Chevy Chase Funding LLC Mortgage BackedCertificates Series 2006-2.

4. Plaintiff's attorney was directed to file in the name of U.S. Bank, N.A. astrustee for CCB Libor Series 2006-2 Trust, which trust does not exist. The Libor Index isused to calculate the interest rate on the adjustable rate mortgages and wasinadvertently inserted in the name.

5. An assignment of mortgage into the improperly named entity was recorded,however no such entity exists. A corrective assignment of mortgage has been executedand has been or will be recorded and is attached hereto as Plaintiff's Exhibit I1Z".

6. The intent of the parties was to assign the mortgage to US. Bank, N.A. astrustee relating to Chevy Chase Funding LLC Mortgage Backed Certificates Series 2006-2 as that entity is the owner and holder of the note and mortgage. Itwas through


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mistake that the name was incorrectly listed on the assignment of mortgage andsubsequent foreclosure pleading.

7. It is well established that equity will reform the instrument so as to conform tothe intent of the parties and relief should be given where, through a mistake of thescrivener, the instrument contains a clerical error.

8. Insupport thereof Plaintiff would state that no party would be prejudiced bythis correction of the scrivener's error and by ordering the correction, this matter wouldbe resolved quickly, inexpensively, and fairly to all of the parties.

WHEREFORE, the plaintiff prays that this Honorable Court will enter an OrderReforming the Assignment of Mortgage and Correcting Scrivener's Error intheAssignment of Mortgage} Complaint and Lis Pendens.

I hereby certify that a copy of the foregoing has been furnished by U.S. Mail to allparties on attached Master Civil Service List, on this 7th day f June, 2010.

L w Offi s o aniel C. ConsuegraA. Sesta/Florida Bar #0966339

King Palm DriveTampa, FL 33619-1328Tel (813) 915-8660/Fax (813) 915-0559

MASTER CIVIL SERVICE LISTANDREW RACHLIN9668 BRIDGEBROOK DRNEBOCA RATON, FL 33496LAURA RACHLIN9668 BRIDGEBROOK DRIVEBOCA RATON, FL 33496PNC BANK, NATIONAL ASSOCIATION} SUCCESSOR BYMERGER TO NATIONALCITY BANKC/O JAMES E. ROHR, CHAIRMAN AND CEO249 FIFTH AVE, I PNC PLAZAPITTSBURGH, PA 15222THE OAKS AT BOCA RATON PROPERTY OWNERS' ASSOCIATION, INC.C/O MATHEWS-GRAY, JUDY1000 CLINT MOORE RD, STE 110BOCA RATON, FL 33487


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IN THE CIRCUIT COURT OF THE FIFfEENTH JUDICIAL CIRCUIT OF THESTATE OF FLORIDA,IN AND FOR PALM BEACH COUNTYCIVIL DIVISIONu.s BANK NATIONAL ASSOCIATION, AS TRUSTEE

FOR CCB LIBOR SERIES2006-2 TRUST,Plaintiff,

VS.

CASE NO. SO-2010-CA-004801

ANDREW RACHLIN, et aI,Defendant( s).----________________________________1ORDER GRANTING MOTION TO REFORM THE ASSIGNMENT OFMORTGAGE AND CORRECT SCRIVENER'S ERROR IN THE COMPLAINT,

LIS PENDENS, AND ASSIGNMENT OF MORTGAGETHIS MATTER came on for consideration upon the motion of the plaintiff toreform an assignment of mortgage and correct a scrivener's error.ORDERED AND ADJUDGED:1. The plaintiff's motion to Reform the Assignment of Mortgage be, and the

same, is hereby granted.2. The plaintiff's Motion to Correct Scrivener's Error be, and the same, is

hereby granted.3. The Complaint, the Lis Pendens, and the Assignment of Mortgage are

hereby corrected to read the Plaintiff name as follows:u.s. Bank, N.A. as trustee relating to Chevy Chase Funding LLC MortgageBacked Certificates Series 2006-2DONE AND ORDERED, nunc pro tunc:in Palm Beach County, Florida on this__ day of 2010.

Circuit Judge


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Conformed Copies to:The Law Offices of Daniel C. Consuegra9204King Palm DriveTampa, FL 33619-1328All parties listed on the Master Civil Service List

MASTER CIVIL SERVICE LISTANDREW RACHLIN9668 BRIDGEBROOK DRNEBOCA RATON, FL 33496LAURA RACHLIN9668 BRIDGEBROOK DRIVEBOCA RATON, FL 33496PNC BANK NATIONAL ASSOCIATION, SUCCESSOR BYMERGER TO NATIONALCITY BANKC/O JAMES E. ROHR, CHAIRMAN AND CEO249 FIFTH AVE, I PNC PLAZAPITTSBURGH, PA 15222THE OAKS AT BOCA RATON PROPERTY OWNERS IASSOCIATION, INC.C/O MATIIEWS-GRAY, JUDY1000 CLINT MOORE RD, STE 110BOCA RATON, FL 33487

consuegra - scriverners error filing

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