% Second YO. st Shows “Judge ophelel LETTER Of ADVIC [NOT SUBJECT 10 NEGOTIABILITY — ACCEPTANCE FOR VALUE the POE 4 ke Accont No 0132225159 COPY Olisrnssed the ‘stm HOMECOMING FINANCIAL Ni] WORK, ecg | {8 Greate ave. S 700 Sac, Fogate, Secured Paty Richardson, Texas 75081 ‘do 15363 Sk: 105 Terrace Ros Vi Scunerild Herds (34491) or Re Notice — Processing of Bill of Exchange (BA-Time Drait) Date February 6 2002 G.CCCUNH- 1 am in recipt ofthe atch offe requesting payraent. Enclosed please fied the Bill of Exchange (BA ~ Time Dra) he does processing of which will discharge the entire current amount statod on the claim herein accepted for value. This Negotrable nstrumeat is presented under authority of Public Law 73-10, UCC 3-104(c), Spencer v Sterling Bank, 63 Cal Ap. 1055 (4998), Guaranty Trust Co of New York v Henwood et al , 59S. Ct. 847, and Wilkin Negotiable Instruments, Vol 3 (2001 Supplementjoa the undersigned's UCC Contract Trust Account Following are the steps required to setlethus, CM acount This swat TeeasueyBond Account bills ! |. Theenlond Nepotsblesumeat hoch preset adhe flowing proces mast he lowe other inert sais elaine anon dn on ths cout and scar of sda 2. My Penorl Duct Treasury Trust (UOC Counc) Accom has boon st pat fe DeparmentbeTrewsuy Serene ) sion esc wth my appr og be ba soot of ana wee ete ot - te Treaary The onal Negotele nse mus be prc by cama feancel mutton Certo Regseed Mal dace) Whe Setar tc Teauy - Dep a he Teas Bak (Peal Window, 10 Penny AvoNW, Washington D.C 20220, Ate Pa 1 O al 3, Theliom Pesesor a Cinan’s fan tie, ih al oetteaon and Bale (Authorid Agen signature, is to present the original Negotiable Instrueent along with the Instruction Notice sad the stamped Claim inthe Scrunyofthe Treary = Deparment afte Trenary Hank tthe sove ares 4 Gitar eal ation fren te dcure se eurt ht copy Ren Resp th Fade! Window te spt tote cing nt teil Negotiate a he Fol Widow nace wih Pali Bann Foro a seen tio UCC an cing ates pl oo (5) a2 5. “Thesoy ofthe Negi nome eB a the Sac nwtttin url he eed prod fr te Fela Wind, Resa and Fer Rese, Reg Z-Trth in Lending 12 USC § 2261 et 26¢ te ‘edeopey os pe. Thon e fice amount fe Neate amet amen ley fe el anil non fr edt Clatran ssc and scare ote daa 6. tte Scrat of he Teese (Deewe) sends toe wring oso ero poem pes ol te telecine evn pen attached anew eed wate Depron Tessuy Bank sd he Flee Window. Vox wl bento ti conetve aon ken. 7. Vereby request that you notify the undersigned when the required time period for the Federal Window and the Teleal ice et Raut nf epaton Zac nope andthe sce ses fie! “Thank you for your cooperation ia geting this account selled and the claum discharged ata Luigate Secured Party ~ Creditor Bank one vs. Rooert Ward.max$72, 005.22 $72,005 22 BILL OF EXCHANGE Bill of Acceptance ~ Time Diatt Sara $ Fugate, Socured Party/Drawer Date July 9, 2002 clo. 15363 SE 105 Terrace Road. ‘Summerfield, Florida (34491) To Secretary of tie Treasury, Department of the Treasury Bank ~ Ledger 000000518 ‘Ono by uly 8, 2002 Credut the account of HOMECOMINGS FINANCIAL NETWORK #0432225159 (Seventy Two Thousend Five Dollars and Twenty-Two Ceuts) $72,005 22 Personal Durect Treasury (ICC Contract) Account RR 550 444 298 US “Tho obluganen of tho Drawee (acceptor), Sscrtary oft Treasury, through dhe bles (euthorizad agent of Clumants foaesl stration Reoot tries out ofthe want of consideration for the pledge and by Ure esdemption of the pledge wader Public Resoltbon HJR-I92, now Public Law 75-10 and 99 8 Cr 347 (FNS), represen by the attached clam Accepted for’ Value and bearing. the account numba 4 HoA32225159 ‘This claum document 1s hereby surrendered as said pledge 1s redeemed (discharged) Ly the drawer through the attached document of acceptance for value and exempt from levy Te Claumant’s financial institution 1 10 accept thus bill, ign and prescat diceclly wna Certified or Regisierad mail, Remim Receipt to the Searetary of the Treasury — Department of the Treasury Unless the original Negotiable Instrument is dishonored in writing within 15 days of receipt by the Secretary of the ‘Treasury Clatmant’s financial tastition 12 (0 release the credit to the payee within the me stipulated by Regulation “Z", Truth m | ending Act or ot the dale designated, whichever 15 later The amount of this accepted draft w 10 be croiited by Clauuant’s financial msttution to the desigtated account and the discharge ofthis caim fifteen (15) days aftr receipt by the Federal Window (Regulation Z) NOTICR ‘The law relaing to principal and agent applies By Buaiiee’s signature (autborszed bank agent) ‘Accepted at (Summerfield Floreda) an February 06,2002, ooument Copies have been filed wath che DIB dha 3: Snagit, raw Scone Pa drei ‘Without Recow se: $72,005 Bank one vs. Robert Ward.max$72,428 05 $72,428.05 BILL OF EXCHANGE D Bal of Acepeance ~Tane Draft O Sara § Fugate, Socured Panty/Drawer Date February 6, 2002 fo 15363 SE 105 Terrace Road Summerficld, Flonda [34491] Tor Secretary of the Treasury, Department of the Treasury Bank ~ Ledger #000000518 ‘On or by FEBRUARY 28,2002 Credit the account of HOMECOMINGS FINANCIAL, NETWORK #0497995150 Hl (Scveaty Two Thousand Four Hundred Twenty Eight Dollars and Five Exght Cents)$72 428 05 Ff Pecsonal Direct Treasury (UCC Contract) Account # RR 550 444 898 US FE ‘The obligation of the Drawee (acceptor), Secretary of the Treasury. through the bailee (suihorized agent) of Claumant’s financial institut hereof arises out of the want of consideration for the pledge and by the cedemption of the pledge under Public Resolution HJR-192, now Public Law 73-10 and 59 8. Ct. 847 B (FN3), represented by the attached claun Accepted for Value and bearing the account mumber #0832225159 ‘This claim document is hereby surrendered as said plodge is redeemed (discharged) by the drawer through the attacked document of acceptance for value end exemps from levy. The Claimant’s financial mstitution His to accept this bill, sum and present directly via Certified or Registered! mail, Return Receipt to the Secretary of the Treasury — Department of the Treasury. Unless the original Negotiable Instrument 1s dishonored in writing with 15 days of receipt by the Secretary of the ‘Ireasury Claumant's financial fh institution is to release the credit tw the payee wuhia the time stipulated by Regulation “Z’, Truth in Lending Act or on the date designated, whichever is later. Thc amount of this accepted draft is to be ff Hf credited by Claimant's nancial institution tothe designated account and the discharge of ths claim fifteen (15) days after receipt by the Federal Window (Regulation Z) H NOTICE: The law celating to pruscipal and ayes applies pe ee Biallee’s signature (authorized bank agent) Accepted at (Sumunerfield Florida) on February 06 2002 ‘Document Copies have been filed with the DTB. $72,428 05 Bank one vs. Robert Ward.max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 2001 31518 CICI BANK ONE, NATIONAL ASSOCIATION, AS TRUSTEE, Planuff, vs ROBERT F WARD, JERILYNN WARD. AVKIA JERILYN L WARD; SARA SUE 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 DISMISS. COMPLAINT WITH PREJUDICE, ORDER DECLARING MORTGAGE, LIS PENDENS AND NOTE SATISFIED AND FULLY DISCHARGED AND FINAL JUDGMENT FOR DEFENDANTS COMES NOW Plawlll, 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 staying the effect of the order entered on December 27, 2002, by Circunt Judge, Wilkam C Johnson, Jr, denying Plamtff's motion for summary judgment with prejudice, granting motion to disnss complaint with prejudice, declaring mortgage, his pendens and note satisfied and fully discharged and final judgment for Defendant, Sara Suc Fugate, and in support thereof would state the following 1 On or about July 25, 2001, planus commenced this action 10 foreclose a mortgage on real property located 1n Volusia County, Florida, which was then owned by the Bank one vs. Robert Ward.maxdefendants, Robert E Wand and Jeniyon L_ Ward (hereinafter “Ward”) ‘The second mortgagee and former owner of the property, Sara Sue Fugate (heremafter “Fugate’), was also jomed as & defendant in the action ! z Following service of the summons and a copy of the complaint on the: defendants, the Clerk of the Court entered a default agamst the Wards and Fugate (a copy of the Cletk’s default 1s attached as Exhubit “1” to the Appendix of Exhibits served herewith) 3 On or about September 20, 2001, the Honorable Joseph G Will heard plamtifPs ‘tial motion for summary judgment of foreclosure The Defendant borrowers, Robert E Ward and Jenlynn 1. Ward appeared at the summary judgment hearing, at which time Tudge Will ordered the parties to mediation. 4 On or about December 6, 2001, undersigned counsel and Ward atiended a ‘mediation conference as directed by Judge Will Ache medion coufeccuce, plaull aysoed to attempt loss mitigation efforts with the Wards, in an effort to assist them in reinstating, the morgage. However, those efforts failed Thereafter, on February 6, 2002, another heanng on Plainuff’s motion for summary final judgment was heard, this ume before Judge William C Johnson, Jr At that hme. Judge Johnson assumed responsibility for the civil division to which {hus case was assigned Again, the motion for summary judgment was denied (elthough no wntlen order was entered), and the Court orally directed the plaintiff to provide remstatement quotes and a payoff quote to the defendants On the same date, February 6, 2002, pluntiff caused to be dehvered by facsimile transmission to Fugate, a payoff letter, indicating that the PayofT amount to satisfy the subject mosigage held by the plaintiff was $72,039 34 (a copy of the February 6, 2002, lewer to Ms Fugate 1s attached as Extibit “2” in the Appendia served herewith) {le Wards deeded the property by quit cau to Fugate on March 26, 2002 ‘The deed was recoded on May 24, 2002 at Official Recors Book 4868. Page 1992, Pubhe Records of Volwua County, Floneds 2 Bank one vs. Robert Ward.max6 On or about February 6, 2002, Fugate, caused to be delivered to planul?’s Mortgage servicing company, Homecomings Financial Network, im Dallas. Texas. a document Purporting to be a Bill of Exchange, which document Fugate claimed served to satisfy the mortgage held by plaintiff (a copy of the onginal Bull of Exchange submuted by Sara Sue Fugate is attached as Exhibit “3” in the Appendix served herewith) However, Fugate did not follow the instrucuions contained m the payoff quote provided, by failing to submit a cashier’s check or certified funds to the plaintiff's attorneys Plamtuf's attorneys were not even aware that Fugate hhad forwarded her alleged Bill of Exchange to its client in Texas, until another hearing on motion for summary judgment was held before Judge Johnson on July 10, 2002 * 8 ‘The plamuff’s servicmg agent reasonably believes that the alleged Bull of Exchange submitted by Fugate 1s, in fact, a fraudulent document The alleged Bull of Exchange 1s, ol a bank deaf, but radhier a homemade document, likely prepared on a houie computer In auy event, Ms Fugate did not submit payoff funds in the form of payment required by the plainuff As a result, plamntff 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 Bull of Exchange (See Appendix, Exhibit “3”) and that she had “sent an additional $72,005 22 to Homecomungs yesterday” (Sec transcript of July 10, 2002 hearing before Judge Johnson at page 5, inne 13, the onginal of which 1s apparently 1n the Possession of Ms Fugate, but a copy has been filed in the Appendix as Exhibit “4") A copy of the second alleged Bill of Exchange dated July 9, 2002 1s attached as Exhibit “5” im the Appendix The original of the second Bill of Exchange (See Appendix, Exhibit 5") was not received by the plamnuff, although plaintiff's attomey's received a copy The miual Bull oC xchange was rece ved by the eashicring department of planus servicing agent The document was then debvered to the servicing agent's uv house counsel for a fraud investigation 3 Bank one vs. Robert Ward.max9 Fugate alleged at the July 10, 2002 hearing that she had tendered the sum of $144,432 07 to plamtuff (see ansenpt at page 4, bne 5, Appendix, Exhibit “ 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 sasfy this losn 1s pure fiction Unfortunately, Tudge Johnson did not provide for an evidentiary hearng on the ssue of redemption and orally dismissed the case, for reasons that are unknown to planuff (Sce page 10 of the transcript of the July 10, 2002 hearng before Judge Johnson, Appendix, Exhubit “4") Judge Johnson ordered planu(t's counsel w 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 with 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 plaintif’s attorneys, Amy M_ Post, Esq, in an ex parte communication During the call, Judge Johnson aduised Ms Post that the court file was m his chambers, but that he had not received the proposed order denying summary judgment that he directed to be sent to hum afler the hearing on July 10, 2002 Accordingly, Ms Post directed another onginal of the proposed order along with correspondence dated September 25, 2002 (copy of letter from Amy Post, Esq To Judge Johnson and Federal Express transmittal are attached to the Appendix as Exhibit “8") 11 Ono about September 12, 2002 Fuyate served her vertfied motion to show cause why the order for dismissal and verifying discharge should not be signed (a copy of said motion 1s altached as Enlubit “9” sn 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 appears in the Appendix as Exhibit “10") At the hearing, planuff agam requested an evidentiary hearing on the 1ssue of Fugate’s alleged redemption by tender of the alleged Bills of 4 Bank one vs. Robert Ward.maxExchange However, Judge Johnson indicated that he would not take any evidence in this case (see page 7 and 8 of the transenpt of the October 8. 2003 hearing, Appendix, Exhibit “10) 12 On or about January 3, 2003, undersigned counsel received copies of three orders entered by Judge Johnson, meluding, order denying plantiff's motion for summary judgment and dismssing ease dated December 24, 2002 (Appendix, Exhibit “11”), order denying motion for clantication and/or rehearing entered December 27, 2002 (Appendix, Exhibit “12") and order denying plaintiff's motion for summary judgment with prejudice, granting motion to dismuss complaint with prejudice, order declaring morgage, lie pendens and note satified and fully discharged, and final judgment for defendants, entered on December 27, 2002 (Appendix, Exhibit “13") These orders are currently on appeal 13 [11s plamuff’s position that the alleged redemption by Fugate was mefTectual and that Judge Johnson should have provided an exsdentiary hearing and/or trial on the redemption 1ssue prior to ruling The effect of Judge Johnson's order 1s the total forfeiture of plainuff's duly recorded and unsatisfied mortgage given by the Wards Plaintiff will suffer irreparable harm and damage unless the court stays the order of December 27, 2002 canceling the lis pendens. dismissing the action with prejudice and releasing the mortgage from the public records Plaintiff stands ready to post reasonable bond as required by law WILEREPORE, plaintufT prays that the court stay the order of December 27, 2002, nso far as it declares plamtiff's mortgage, note and his pendens to be fully satisfied and discharged 1 HEREBY CERTIFY that a (rue and comect copy of the foregomg motion was provided via US Mail to Defendants, Robert E Ward, $00 South Seneca Blvd . Daytona Beach, FL 32114, Jenlyna L Ward, 500 South Seneca Blvd , Daytona Beach, PL 32114, and Sara Sue Fugate, 15363 SE 105 Terrace Road, Summerfield, FL 34491, thus & day of Fanuary, 2003 Bank one vs. Robert Ward.maxTLLy8£ ON Jeg epuopy " “Ig URWIMON plaeg WA, ETTS-ESH (¥S6) FRI aI, ZSO9-ILL (SG) 9[uAISaR.] 8EbZ-Ih-008-L/S9CO-ESP (HS6) euoydoye GOELE Vd ‘Aepsopney] yoy O71 ating Joong GF “MN 0081 V d UOSsTeM “D2 [leYysIeJA, JO SooTTO MET 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 CICL BANK ONE, NATIONAL ASSOCIATION, AS TRUSTEE, PlamtafT, vs ROBERT E WARD, JERILYNN WARD AJK/A JERILYN L_ WARD, SARA SUE FUGATE, JOHN DOE AND JANE DOE, AS UNKNOWN TENANT(S) _ IN POSSESSION OF THE SUBJECT PROPERTY, Respondent NOTICE OF COMES NOW Plaintiff, BANK ONE, NATIONAL ASSOCIATION, AS TRUSTEE, by and through undersigned counsel and hereby gives notice of filing the original transcript of the hcanng conducted before Judge Wltam C Johnson, Jr on October 8, 2002 1 HEREBY CERTIFY that a true and correct copy of the foregoing Notice of Filing was provided via US. Mail to Robert E Ward, 500 South Seneca Blvd , Daytona Beach, FL 32114; Jerllynn 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, this & ‘day of January, 2003, Law Offices of Marshall C Watson, PA 1800 N W. 49™ Strect, Surte 120 Fort Lauderdale, FL 33309 Telephone (954) 453-0365/1-800-441-2438 Facstmale: (954) 771-6052. By Licks ¢ he Win David Newman, Jr Florida Bar No - 784771 Bank one vs. Robert Ward.max10 nu qa 13 14 15 16 fu) 16 19 2n 21 22 23 24 25 IN THE CIRCUIT COURT, SEVENTH GUDICIAL CIRCUIT, IN AND FOR VOLUSIA COUNTY, FLORIDA CASE NO; 2001-31518-CICI BANK ONE NATIONAL ASSOCIATION, AS TRUSTEE, Plaintiff, vs ROBERT E. WARD, JERILYNN L. WARD, a/k/a URRILYN L. WARD, ET. AL ; SARA SUE FUGATE, Defendants. RRR PROCEEDINGS : MOTION HEARING DATE TAKEN: OCTOBER 8, 2002 TIME COMMENCED: 8:40 A.M TIME CONCLUDED. 8:50 A.M. PLACE: VOLUSIA COUNTY COURTHOUSE ANNEX 125 EAST ORANGE AVENUE DAYTONA BEACH, FLORIDA REPORTED BY: DEBORAH WARREN, RPR COURT REPORTER AND NOTARY PUBLIC The above-styled canse came on to he heard before the Honorable William C Johnson, Circuit Court Judge, at the time and place above indicated. for the purpose of taking evidence and testimony in said cause. VOLUSTA REPORTING COMPANY POST OFFICE BOX 1409 DAYTONA BEACH, FLORIDA 32115 386-255-2150 ORIGINAL VOLUSIA REPORTING COMPANY Bank one vs. Robert Ward.max10 an 12 13 14 1s 16 17 18 19 20 22 22 23 24 25 APPEARANCES : WILLIAM DAVID NEWMAN, JR., ESQUIRE Law Offices of Marshall C Watson 1800 NH 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 aa 12 a4 1s 16 17 18 19 20 21 22 24 25 PROCEEDINGS THE COURT Someone has a court reporter. who is that on? WR. NEWMAN: I ordered a court reporter, Your Honor. THE COURT: Why don’t you call the style of the case MR NEWMAN. The matter of Bank one, NA, versus Robert E Ward, Jeralynn Ward, ec al., and Mc. Saxa Sue Fugate. THE COURT Who are you? MR NEWMAN: My name is William David Newman, dr, Law Offices of Marshall Watson in Ft. Lauderdale for the plaintifs. THE COURT. Okay. And your name? MS. PUGATE- Sara Fugate. 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 far more extensive than the customary hearing anticipated to be taken up at expedited hearings VOLUSIA REPORTING COMPANY Bank one vs. Robert Ward.max10 la 12 13 14 15 16 a7 18 1s 20 21 22 23 24 25 In fact, we had notified your office that you couldn't appear by telephone. MR NEWMAN. Yes, sic. THE COURT: We expected this hearing would exceed 15 minutes and certainly ten minutes, and you don't come to expedited's under any circumstances by telephone except in rare extraordinary difficulties. MR NEWMAN Yes, sir. THE COURT: And have you received the motion for reconsideration that they had filed, Ms Fugate? 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 for some clarification on that particular order THE COURT: 1 thought you asked for secousideration on rehearing. 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 cee 12 BB 14 15 16 WwW 18 19 20 21 22 23 24 25 do to show the plaintiff ic entitled to judgement. Ms Pugate and the borrowers are both in default 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 faled? Did I see that word in there? 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 T 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 I not indicate that? 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 not dismiss the case THE COURT: She's asking -- what she's doing, 1 think, from reading the pleadings, she's asking me to go ahead and enter the order that I indicated I would enter. MR. NEWMAN: That's correct. VOLUSIA REPORTING COMPANY Bank one vs. Robert Ward.max10 an 12 13 “4 15 16 a7 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 my intention to addrces it and to enter such an order And perhaps after that, any motions for rehearing or reconsideration might then be appropriate But I don't believe there has been any order entered, has there? MR NEWMAN: No, Your Honor. I believe our office prepared an order pursuant to 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. THE COURT- So anything else? MS. FUGATE: Your Honor, I've provided motions, affidavits, records to verify -- THE COURT: I lave Uhem all, Ms. Fugate. 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 as 16 vv 18 19 20 21 22 23 24 25 THE COURT: I said T'm not goang to take any testimony this morning. I have everything there. 1 was out all last week, one of the reasons I wanted to cancel this hearing 1 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 judgement, then if I take up the reconsideration, even if 1 grant it, at the very least there wall be a trial -- MR. NEWNAN: Yes, sir THE COURT: -- with lave testimony. MR. NEWNAN: 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 defenses as 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 court file. Mo you? MR. NEWMAN. Yes, sir THE COURT: The one downstairs? VOLUSIA REPORTING COMPANY Bank one vs. Robert Ward.max10 1 12 13 14 15 16 17 18 1g 20 21 22 23 24 a5 MR. NEWMAN: No, sir. I have a copy of a -- conformed copy from the clerk that indicates that Ms. Fugate and the borrowers are both in default. THE COURT I'm talking about the whole court file. MR, NEWMAN: I have not reviewed the whole court file. THE COURT: Is there anything else? MR. NEWMAN: No, six, Your Honor. THE COURT: Anything come of your efforts to reconcile whatever difference you claim to exist between you? MR NEWMAN: I became involved in the case just around the end of September, so I'm new to it. TI 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10 a 12 13 14 15 16 17 18 19 20 2 22 23 24 25 CERTIFICATE STATE OF FLORIDA COUNTY OF VOLUSIA I, Deborah Warren, Registered Professional Reporter, certify that I was authorized to and did stenographically report the foregoing proceedings and that the transcript is a true and complete record of my stenographic notes. Dated this 10th day of October, 2002. Qworngh 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 CIC} BANK ONE, NATIONAL ASSOCIATION, AS TRUSTEE, vs Plaintuff, ROBERT E WARD; JERILYNN WARD A’K/JA JERILYN L WARD, SARA SUE FUGATE, JOHN DOE AND JANE DOE AS UNKNOWN TENANT(S) __ IN POSSESSION OF THE SUBJECT PROPERTY, Respondent APPENDIX OF EXHIBITS TO MOTION FOR STAY RELIEF Table of Exhibits 1 6 Clerk's default dated August 28, 2002 February 6, 2002, letter from Plaintiff's counsel to Sara Suc Fugate Copy of Bill of Exchange dated February 6, 2002 Transcript of July 10, 2002, hearng Copy of Bill of Exchange dated July 9, 2002 Copy of July 19, 2002, letter to fudge Johnson and proposed order denying, 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 Johinson dated September 25, 2002 9 Fugate’s verified motion to chow cause 10 Copy of October 8, 2002, hearing transcript 11 Order on Plaintiff's motion for summary judgment dated December 24, 2002 12. Order denying motion for clarification and/or reheanng dated December 27, 2002 13 Onder denymg Planuffs mouon for summary judgment with preudice, order granny, motion to dismiss complaint with prejudice, order declaring, mortgage, {is pendens and note satisfied and fully discharged, and final judgment for Defendants 1 HEREBY CERTIFY that a true and correct copy of the foregomg Notice of Filing was provided via US Mail to Robert B Ward, 500 South Seneca Blvd , Daytona Beach, FL 32114; Jerilynn Ward, 500 South Seneca Blvd , Daytona Beach, FT, 32114, and Sara Sue Fugate, 15363 S.E 105 Terrace Road, Summerfield, FL 34491, thisES_day of January, 2003 Law Offices of Marshall C Watson, P A 1800 N.W 49" Street, Suite 120 Fort Lauderdale, FL 33309 Telephone: (954) 453-0365/1-800-441-2438 Facsimile (954) 771-6052 py LI LL ee im. David Newman, Jr. Flonda Bar No. 784771 Bank one vs. Robert Ward.maxIN THE CIRCUN COURT OF INE 7M JUDICIAL CIRCUL IN AND FOR VOLUSIA COUNTY, FLORIDA, CIVIL DIVISION CASENO. 2001 31518 CICL BANK ONE, NALIONAL ASSOCIATION, AS ‘TRUSTEE Phas, a MOTION FOR DEFAULT ROBERT E WARD, JERILYNN L_ WARD A/K/A. JERILYN L WARD, SARA SUE FUGATE, JOHN DOB AND JANE POE AS UNKNOWN ‘TENANT (8) IN POSSESSION OF THE SUBJECT PROPERTY. Defendants PlamutF moves fon entry of a Default by the Clerk against Defendant(s), JERILYNN L. WARD. AKA JERILYN L. WARD, ROBERT E. WARD, SARA SUE FUGATTE; for failure to serve any paper ‘on the undersigned or file any paper as required by law. NOTE TO CLERK: {In the event that any of the aforenamed defendants have timely filed any paper in the above-styled cause, ‘or should their return of service not be filed, then please strike the name of such defendant from the above motion Law Offices of Marshall C Watson, P A, 1800 NW 49" Stroet, Suite 120 Fort Lauderdale, FL33309 (954) 453-0365 (034) 771-0 Bar Number 479993 DEFAULT A Default 15 hereby entered m this action against the Defendani(s) Jevilyan L Ward A/K/A Jesstya L Wad, Robert I: Ward, Sara Sue Fugate; for {atlure to serve of file any paper as required by law ny hand aed seal oF sand Cour tne ay of. Qugud? val DIANE M MATOUSEK AsClekkol the Cou gy 1y x - acti wrints oom Bank one vs. Robert Ward.maxaor 02 13°21 FAK 6 e see TK REPORT nae ‘TRANSMISSION OK Tx/RK Ko pea CONNECTION TEI. isszesazo1 CONNECTION 1D ST TIME USAGE T PGS. SENT RESULT 0K | 02/06 13.17 LAW OFFICES OF Marshall C. Watson, P.A. 1800 NORTH WEST 49" STREET, SUITE #120 FORT LAUDERDALE, FLORIDA 33309 “Teno (950 452.0365, il. Wat Fact (86) 74052 ‘Marta C: Wate Diana A Sate ‘Aone Atomeys Petri Armas ancy Meat Denges Blech, Note Bree Duan Gunes ‘Tracleas @ MeKenee Mt. Danid New Dakin A Poel ‘Amy MPa VIA FACSIMILE Febmuty 6 2002 (652) 288-2801 Sara Fugate RE Property Adress 500 SOUTH SENECA BLVD DAYTONA BEACH, FL 32114 Loan # 0432225159 (Owner ROBERT EF WARD AND JERILYNN L WARD A/K/A JERILYNL WARD ‘Morigagor ROBERT E WARD AND JERILYN L WARD A/K/A JE. Our File # 01-02987 Dear Se/Madamn ‘Ths fin represents BANK ONE, NATIONAL ASSOCIATION, AS TRUSTEE, the PluntfT n the above Teraeated morgage foreclosure acon We are atemppung io collec the money due under that mortgage sr any taformation obiuned from you will be used for that purpose ‘Alached hereto the pay-off statement you requested repardung the above-teferenced account {loon receypt ofthe total pay-off oun dv, inthe frm of cashier’ check or certified funds, the subject acon willbe sessed “Unt such recerp, the action wall be prosecuted ina normal fashion, and tus lotter shall not be conse) 4 an aeement.on the part ofthe Plamff i any way to abave said prosecuiton Bank one vs. Robert Ward.maxrease ne anraso naar Ws arrenerrocoucecra ves My mroxsarion Oia WILL HE SED FOR TAT PRPOSE Pei yy File Number 01-02987 Per Dem Amount 18 51 Unpaid Loan Balance Scopus Interest Due 3 5,68327 Escrow Overdraft 3 100509 Late Charges $ 231.52 Boker’ Price Opinion 3 100.00 “Appraisal _____ ao Ss” 2ans.66) NSF check fee — $ 1000 Recording foe 5 600 Property luspecton 3 ors Ged s (17049) Foreclosure Coste S 108700 Foreclosure Attorney fee 5 95000 Tota s 7203934 overs Bank one vs. Robert Ward.max10 1 12 14 1s 16 vv 18 19 20 aL 22 24 25 IN THE CIRCUIT COURT, SEVENTH JUDICIAL CIRCUIT, IN AND FOR VOLUSIA COUNTY, FLORIDA CASE NO.: 2001-31518-crcr BANK ONE NATIONAL ASSOCIATION, AS TRUSTEE, Plantift, vs. ROBERT WARD; JERILYNN L. WARD, a/k/a JERILYN L. WARD; SARA SUE FUGATE; JOHN OB AND JANE DOB AS UNKNOWN TENANT (S) IN POSSESSION OF THE SUBJECT PROPERTY, Defendants. PROCEEDINGS: MOTION FOR SUMMARY JUDGEMENT DATS TAKEN: JULY 10, 2002 ‘TIME COMMENCED: 11:10 A.M. ‘TIME CONCLUDED: 11:20 ALM. PLACE: VOLUSIA COUNTY COURTHOUSE ANNEX 125 EAST ORANGE AVENUE DAYTONA BEACH. FLORIDA REPORTED BY: DEBORAH WARREN, RPR COURT REPORTER AND NOTARY PUBLIC The above~styled cause came on to be heard before the Honorable William C. Johnson, Circut Court Judge, at the time and place above indicated, for the purpose of taking evidence and testimony 1n said cause. VOLUSIA REPORTING COMPANY BOST OFFICE BOX 1409 DAYTONA BEACH, FLORIDA 32115 386-255-2150 Bank one vs. Robert Ward max10 11 12 13 14 15 16 47 18 19 20 21 22 23 24 25 APPEARANCES: AMY M. POST, ESQUIRE Law Offices of Marshall C. Watson 1800 NW 49th Street, Suite 120 (954) ~453-0365 Attorney for Plaintiff SARA SUE FUGATE ROBERT FE. WARD JERILYNN L. WARD Pro Se Defendants Bank one vs. Robert Ward.max18 19 20 aL 22 23 24 25 PROCERDINGS THE COURT: All right. Who do we have here? MS. POST: Good morning. Amy Post on behalf of -- THE COURT: Please come up here and tell me the style of the case, the name of the case, and who you are and who you represent, and then we will ask these people to do the same. MS. POST: tainly. Your Honor, my name 15 Amy Post. I represent Bank One in the matter of Bank One versus Ward. Thie 16 plaintiff'e motion for fanal judgement of mortgage foreclosure, which has been before Your Honor on numerous occasions. I think you're well acquainted with the matter. THE COURT: Could I ask you to please stand and tell me your names. MR. WARD: Robert Ward. MS. WARD: My name 1s Jerilynn Ward. THE COURT: You his wife? Ms. WARD: Yes. Ms. FUGATE: Sara Fugate. THE COURT: Su you are one of the parties? MS. FUGATE: Yes, sur. ‘THE COURT: Now, you look familiar to me. Are VOLUSIA REPORTING COMPANY Bank one vs. Robert Ward.max10 li 12 14 1s 16 uy 18 19 20 22 23 24 25 you the lady that comes in with that letter of credit, bill of credit? MS. FUGATE: It's a bill of exchange, yes, sit. THE COURT: Seventy something thousand? MS. FUGATE: I've provided certified funds totaling $144,432.07, specifically to discharge debt associated with this case, which 1s supported by affidavit which has been entered into the record this morning. And I have a copy to give you. THE COURT: Have you seen that? MS. FUGATE: I've got one for her also. THE COURT: Why don't you all come up here, if you can. Stand there and then ~~ MS. FUGATE: If you like a copy of this, I also have one. THE COURT: Give one to Ms. Post. Let me see what you got. Let me look at this and then I'll beac you. Are you preparing your own pleadings or 1s someone else doing it for you? MS. EUGATE: I'm doing it myself with help. THE COURT: Whose help? Ms. FUGATE: A friend. THE COURT: An attorney? MS. FUGATE: No, sir. VObUSIA REPORTING COMPANY Bank one vs. Robert Ward.max10 1 12 13 14 15 16 17 18 19 20 aL 22 23 24 25 THR COURT: Tt's not Tony (undiscernible), 15 it? MS. FUGATE: I never heard of her. THE COURT: Who 1s your friend? MS. FUGATE: TI have no attorney. THE COURT: Who 1s the friend that does this for you? MS. FUGATE: I choose not to answer. It's nobody that knows any law or an attorney of any kind. THE COURT: Have you had an opportunity to Look at this? Have you shown her, again, the money and all thie? MS. FUGATE: I've sent an additional $72,005.22 to Homecomings yesterday. THE COURT: Who did you send it to? MS. FUGATE: Homecomings Financial Network. THE COURT: I wish you hadn't done that. T wish you would have brought ut in here. You sent 1t to them yesterday? MS. FUGATE: Yes, sic. THE COURT: Who have you been talking to about this? I ask this not so much for me but Ms. Post's sake. MS. FUGATE: JI did talk to Michael Cackling (phonetic) one time. He never did respond to me. I VOLUSIA REPORTING COMPANY Bank one vs. Robert Ward.max10 1 12 13 a4 15 16 17 18 19 20 21 22 23 24 25 6 sent several faxes out to him. Michael Burke in Amy Post's office gave me the address of the Homecomings Financial Network. THE COURT: Who are they? They're in the Bank one? MS. FUGATE: That's who the check 1s made out to. That's who the bill of exchange 1s made out to. Ms. POST: They're the servicer. They deal with the payment. THE COURT: I get so infuriated at the maze these mortgage companies are creating. Ms. FUGATE: Nobody in this company would respond to any of my faxes. THE COURT: I believe you. That's all T hear all the time. Nobody can get through to anybody. Nobody will call back. Nobody will give a last name. Now, where does that leave with us summary judgement? Ms. POST: In regard to the motion for summary judgement -~ before I present that to Your Honor, in regard to the affidavit that Ms. Fugate has presented to me this morning, of course, I have no knowledge as to whether there has been payment received and accepted by Homecomings. This 1s all new to me at this moment. VOLUSIA REPORTING COMPANY Bank one vs. Robert Ward.maxGe 4 10 ub 12 13 14 15 16 But un regard to the affidavit, I certainly haven't had an opportunity to read it all, but just an reviewing at braefly, T'm of the position that should move forward for my client on the motion for summary Judgement . THE COURT: Really? MS. POST: Yes, Your Honor. THE COURT: Should I hear your argument? MS. POST: Your Honor, there are no issues of facts to present. There was a -- the unitial mortgage and note were signed on the 7th of August 2000. The default occurred on May 1st, 2001; wherein, at that time we instatuted an action against the Wards, proceeded to servace, and had a default entered against the Wards, as well as Ms. Fugate, on the 28th of August 2001. Therefore, any filings with the court should not be deemed accepted and presented during the motion for summary judgement. The issue is that Lhece has been a default, and at this time my client believes they're entitled to final judgement of mortgage foreclosure based on that default. THE COURT: Have you seen the letter in this file, June 10th, 2002, law firm of Marshal Watson, VOLUSIA REPORTING COMPANY Bank one vs. Robert Ward.maxeo 4 18 19 20 21 22 23 25 PA, says $75,459.25 will pay this mortgage up to date? Have you seen that? MS. POST: Yes, Your Honor, T have. And in regard to that, I have asked of my client -- of course, I don't know about the current funds that Ms. Fugate 1s stating she has presented to Homecomings, but prior to that I asked my client to review the records, and 1f -- and asked 1f they nad, 4n fact, received any funds, what they have done with them 1f they had, or 1f they had not, et cetera, and asked my client -- representative of my client sign an affidavit in regards to those facts. T do have that affidavit to present to Your Honor this morning, stating basically that no payoff funds were received from Sara Fugate, and that was signed on July 2nd. So a representative of my client ~~ THE COURT: When did you mail that, Ms. Fugate? MS. FUGATE: I have a receipt or a Fedex copy where on February 7th at 9:48 a.m., C. Anderson signed for the bill of exchange that was sent to Homecomings . THE COURT: De you want to look at that? MS. POST: Please. MS. EUGATE: You can call the numbec and that's VOLUSIA REPORTING COMPANY Bank one vs. Robert Ward.max10 4 12 13 14 15 16 18 19 20 21 22 24 25 what you'll hear. MS. POST: May I ask a question? THE COURT: Sure. WS. POST: Specifically what 1s a bill of exchange? MS. FUGATE: Okay. Ms. POST: Because I have a feeling my client will not know what this is in order -- THE COURT: They're in the business. t's a bank instrument. MS. FUGATE: It's an instrument to pay through a treasury account. MS. POST: Okay. MS. FUGATE: If you read the instructions that come with that, at tells you exactly how to receive the funds from the Treasury Department, the US ‘Treasury Department. MS. POST: Okay. MS. FUGATE: According to Florida Statute 672.304, peice payable in money, goods, realty or otherwise, and I chose otherwise. It says the price can be made payable in money or otherwise, and I chose otherwise, which was the bill of exchange. And there 1s a large amount of case law supporting the facts that notes and bills of exchange VOLUSIA REPORTING COMPANY Bank one vs. Robert Ward.max10 ud 12 13 14 1s 16 Ww 19 20 21 22 23 24 25 10 are che same as money and checks, et cetera. Ms. POST: Your Honor, it's my client's position that the terms of the mole anu mortgage cule this a default. In regards to making a payoff of the note and mortgage, they have deemed they would like those funds sent via certified funds in order to process aes MS. FUGATE: That 1s certified funds. THE COURT: I tell you what, you can rell Home Serving (sic), or whoever they are, or Bank One, send a representative down here and she'll deliver the funds. Meanwhile, motion for summary judgement 1s denied. Send me an order. This case 15 dismissed. (WHEREUPON, the deposition was concluded at 11:20 a.m.) VOLUSIA REPORTING COMPANY Bank one vs. Robert Ward.max10 1. 12 13 4 16 17 18 19 20 2. 22 23 24 qn CERTIFICATE STATE OF FLORIDA COUNTY OF VOLUSIA I, Deborah Warren, Registered Professional. Reporter, certify that I was authorized to and did stenographically report the foregoing proceedings and that the transcript 1s a true and complete record of my stenographic nates. Dated this 16th day of July, 2002. Lesbo Wem Deborah Warren, Court Reporter VOLUSIA REPORTING COMPANY Bank one vs. Robert Ward.maxLETTER OF ADVICE NOT SUBJECT 10 NEGOTIABILITY — ACCEPTANCE POR Va, Re Account No 0472225159 ‘Attn LIOMECOMINGS FINANCIAL NETWORK Sata Sue Fugate BANK ONENATIONAL ASSOCIATION ©/0 15963 5 105 Terrace Rond ‘AS TRUSTER, Summerfield, Flonda (34491) Re Nouce — Processing of Bill of Kxchange (BA-Time Draft) Dave July 9.2002 {am m receipe of the acached offer requesting payment. Enclosed please find the Bill of Exchange (BA — Tame Draft) the processiag of which will discharge the entue cunrent amount stated on the claim hetein accepted for value’ Thus Negouableinstumentis presented under authonty of Public Law 79 10, UGC 9-104te) Spencer ¥ Sterhag Bunk, 63 Cal Ap 4" 1055 (1998), Guacauny TruseCo of New turk Y Henwood et al, 598 Ct 847, and Withen Negotable Inseruments, Vol 3 (2001 Supplement)on the uadersigsed's UCG Contract ‘Trust Account Following are che steps requited io Sele this account. This is nota Treasury/Bond Account 1 The enclosed Negouable Instrument isheceby presented and the following process must be followed (o the leeerin ordec to satisfy the clases amount due on ths account and discharge of thus debe 2 My Petsonal Direct Treasury Trust (UCC Contsaet) Account has been set up ac the Departmen’ of the Treasury and may only be accessed with my approval through the bank account ofthe Clasmant dlucetly to the Secretary ofthe Treasury The orsgusal Negonable Instrument sms be presented by claimant’ financial insutution va Ceeufied or Regstered Mail directly to due Sectctay ofthe Treasury = Department of the Treasury Bank (Pedetal Widow), 1500 Pennsylvania Ave NW, Washingvon, D.C 20220, Aun Paul H O'Neill 3 The fiem Processo! at Claunant’s financial insututo, with full vlenufication and Batlee (Authored ‘Agent signatute, 1s co present the original Negouable Instrument along with the Instruction Notice and the staunped Claun ro the Secretary ofthe Treasury - Departmient of the Tieasury Bank at the above address 4 Glaunanits friaucial wstiaton so retain the document copies aiid request that 4 copy of the Retin Receipt from the Federal Window be supplied to therm noting the date the original Negouable Instrumenc was recewed at the Federal Window in aceoidance with Public and Bankung Policy For ow of state ransactions the UCC and Bankang Codes supulare fifteen (15) days 5 The copy ot the Negouable ssument 1 be hekd ar the financial nssutton Ul the cequired petted (or the Federal Wurdow, Regulation J and Fedetal Reserve Reg Z-Truth in Lending, 12 USC § 220 1 et seq tne Ordex/Property has passed Then the fullface amount of the Negouable Instrument 15 aucomaticallytelaased by the local inant sation for ciedt to Claumaut’s acount id actiage of the clam 6 MW the Secrecary of the Treasury (Deawree) sends notice in watang of some error or problem please nny the undersigned snumediately upon reeept of sich Nonce and the matte will be addiessed wath the Department of the Treasury Bank and the Federal Window “You will be notified of the concave action taken 7 Thereby request that you nou the undessgned when the requned came petwxl for dhe Federal ‘Windows and the Federal Reserve under Regulation J ant Regulauon 2 have tkanspired and the aucount has been adjusted Taek you for your cooperation in gottmng thus secount setled and the claun discharged fata S Fugate, Secured Party - Creditor - Sora. S-.dugate Bank one vs. Robert Ward.maxLAW OFFICES OF Marshall C. Watson, P.A. 1800 NORTH WEST 49!" SYRELL, SUI #120 FORT LAUDERDALE, FLORIDA 33309 Marge Atorneys Telephone (954) 453 Marshall © Watson aes (953) m0 July 19, 2002 ‘The Honorable WILLIAM C JOHNSON, JR Ciroust Court Judge 125 East Orange Avonuc, Room 302 Daytona, FL 32114 RE Bank One, National Association, As Thustec va Robest E. Ward And Jerilynun 1 Ward A/K/A Jerilyn Case No.: 2001 31518 CICL Your Honor Enclosed please find a proposed Order on Plantiff's Motion for Summary Final Judgment, which was heard on JULY 10, 2002, as well as Plainulf’s Motion for Clanfication and/or reheanng on Plaintiff's Motion for Summary Judgment Should you require any additional information, please do not hesitate to contact thus office Respeetfull Enclosures Bank one vs. Robert Ward.maxBANK NATIONAL ASSOCIATION, AS TRUSTEE, Plaintiff, vs ROBERT E. WARD; JERILYNN L WARD A/K/A_ JERILYN —L. WARD, SARA SUE FUGATE, JOHN DOE AND JANE DOF AS UNKNOWN TENANT (S) IN SION OF THE SUBJECT TY, Defendants IN THE CIRCUIT COURT OF THE 7TH JUDICIAL CIRCUIT, IN AND FOR VOLUSIA, COUNTY, FLORIDA CIVHL DIVISION CASE NO - 2001 31518 CICL ORDER ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ‘THIS CAUSE having come before the Court and the Court bemg duly advised; it ORDERED AND ADJUDGED 1. Plant's Mouon for Summary Judgment is Denied 2 A representative of the Plainuff shall personally appear before this Court regardiny 3. This case is Dismissed ORDERED at Daytona, Volusia County, Florida, on this day of__ aa 2002) any future hearing WILLIAM C JOH IN, IR Bank one vs. Robert Ward.maxVIIZE ‘i SHOVH VWNOLAVG CAVATTINO VOANAS HLAOS 005 ALWadOUd LAAN AELL AO NOISSASSOd NI (S) LNVNGLL NMONDINN SY TOd UNV! GNV NHOS 16FPE Te ‘OTANI CVOU HOVAMAL 4.501 AS E9EST ALVONA ANS VVS 10LZ£ VARIO! ‘SONRIdS ALNOWV.LT¥ GATE EDIV TELLYON S09 Mav TNA TIGL VOY CVA OT NNA TSE Tava o Taadod LSTT ONIUVIA IDID BISTE 1002 “ON PS2D Bank one vs. Robert Ward.maxIN THE CIRCUIT COURT OF THE ‘7TH JUDICIAL CIRCUIT, IN AND FOR VOLUSIA COUNTY, FLORIDA CIVIL DIVISION CASE NO... 2001 31518 CICI BANK ONE, _ NATIONAL ASSOCIATION, AS TRUSTEE Plaintft, @) ws. ROBERT E WARD; JERILYNN L WARD AKA JERILYN L. WARD, SARA SUE FUGATE, JOHN DOE AND JANE DOE AS UNKNOWN —_ TENANT (S) IN POSSESSION OF THE SUBJECT PROPERTY, Defendants MOTION FOR CLARIFATION AND OR REHEARING COMES NOW, Planuff, BANK ONE, NATIONAL ASSOCIATION, AS ‘TRUSTEE, by and through its undersigned counsel, and moves this Court for Clarification of Hearing set on July 10, 2002 and or Reheanng pursuant to Florida Rules of Civil Procedure 1 530 and as grounds thereof would state as follows 1 That on July 10, 2002, undersigned counsel attended hearing on Plaintiff's Motion for Final Judgment of Mortgage Foreclosure. 2. Plaintiff's counsel presented to thts Court that all named Defendants, these being ROBERT E WARD; JERILYNN L WARD AVK/A JERILYN L WARD, SARA SUB FUGATE were properly served and Defaulted by the Clerk of Court on August 28, 2001 3 Inaddition, all affidavits pursuant to Plorida Rule of Civil Procedure 1 510 were timely filed in support of Plantiff's Motion for Summary Judgment. 4 Defendant, SARA SUE FUGATE. was present during the hearing on Plaintiff's Motion for Summary Judgment and prescnted a Notce of Filing of Affidavit Regarding Discharge of Indebtness with attachments (Exhibit A ) Bank one vs. Robert Ward.max10 Oth 12 13 Saud A fidavit indicates that SARA SUE FUGATE tendered a payment to Homecomings Financial Network dated February 6, 2002 in the amount of $72,428 05 as evidenced by Defendant's Exhibit D. (Exhibit A ) Said Affidavit further indicates that she tenders payment to Homecomings Financial Network in the amount of $72,005.22 as evidenced by Defendant’s Exhibit E Plaintiff provided Defendant SARA SUE FUGATE with a payoff statement which indicated that “PAYOFF FUNDS MUST BE IN THE FORM OF CASHIER'S CHECK PAYABLE TO “HOMECOMINGS FINANCIAL NETWORK’. CHBCKS MADE PAYABLE TO ANY OTHER ENTITY WILL NOT BE ACCEPTED.” Defendant did not present funds as required by Planuf?'s payoff letter and did not present a negotiable instrument as said document evidenced as Defendant's exhibit D states that it is “Not Subject to Negotuabality- Acceptance for Value,” as a result said document is not payment and thereby not considered redemption under Ftonda Statutes Defendant’s “tender” of payment does not include interest accrued to date as well as additional attomey’s fees and costs Plaintiff further provided a supplemental affidavit in support of its Motion for Summary Judgment evidencing that no payoff was received from SARA SUE FUGATR, said affidavit was signed July 2, 2002. (Exhibit B). At the conclusion of the hearing, this Court Ordered Plaintiff's Motion for Summary Judgment Denied and that a corporate representative of the Plasntiff must appear in person on any future matters pertaming to this action and then Dismissed. Defendants and Plaintiff's counsel remained the Courtroom to finalize the matter when the Judicial Assistant approached the undersigned and asked if the undorsigned knew the content of the Order Judge requested the undersigned draft for Judge. Undersigned counsel responded that this Court Ordered Plaintiff's Motion for Summary Judgment Dened and thal a representauve of the Plaintiff Bank one vs. Robert Ward.max14, is. 16. 17. 18 must personally appear before this Court on any futare matters regarding this action The Judicral Assistant then informed the undersigned that this Court also wanted the proposed Order to read that this action is Dismissed Undersigned counsel requests clantfieation of said Order Denying PlaintilP's Motion for Summary Judgment and requinng a representative of the Plamtift personally appear in any future matters before this Court as well as the Distmssal of the acuion as they are inconsistent Undersigned counsel understood this Court’s Order to only include a Dental of the Motion for Summary Judgment and that a representative of the Plaintiff shall appear before this Court on any future hearings before the Court and not a Dismissal of the entire action. Plaintiff asserts that if said Motion for Summary 1s Denied and a representative of the Plaintiff shall appear for ay future matters, then sand case should not be dismissed but kept open and pending as to Dismiss said action prejudices the Plaintiff Plaintiff asserts that in the interest of Equity this matter should remain open and pending 1n order to obtam either a Final Judgment of Foreclosure or seek discovery to aid at trial WHEREFORE, Plaintiff, BANK ONE, NATIONAL ASSOCIATION, AS TRUSTEE respectfully requests that this Court enter an Order Clarifying the resulls of Plaintiff's Motion for Final Judgment of Foreclosure or tn the alternative grant the Plamtiff'a rehearing on Plaintiff's Motion for Summary Judgment parties on the attached maifing list by mail this _[A1" day of TSEREBY CERTIFY that a truc copy of the foreyouyg,vas delivers 20Q2.. Law Offices of Marshall C Watson, P A 1800 NW 49" Stroct, Suite 120 Fort Lauderdale, FL 33309 Byeeeeene POST, Esquire far Number 0195456 Bank one vs. Robert Ward.maxpLIZe “Wa ‘HOVA VNOLAVG GUVAATNOM VOANAS FLLNOS 00S ALAGdIOUd LOALANS AHL AO NOISSASSOd NI (S) LNVNGLL NMONSNA SV HOG ANVS GNV NHOL l6rbe “La “1a Las AVOU FOVUAAL 4, S01 “A'S E9£ST ALVONA WAS VUVS JOLZE EPLOLT ‘sBuradg vuroyy “PALA OTTO SOO MVM “INA TRG V/V ©VAA “INNATE CAVA “A LATION LSTtONTUVA TOTO 8ISTE [007 ON aseD Bank one vs. Robert Ward.maxLAW OFFICES OF Marshall C. Watson, P.A. 1800 NORTH WEST 49™ STREET, SUITE #120, FORT LAUDERDALE, FLORIDA 33309 Mangag Ateys Teepnane 95) 453-035 Marske © Wateon Fastrue 950) 971-053, Duane A Sala Asoc Adore: Patna A Arango Dowels R ee Okan Ganay TracunnG MeKenne WHEL Dard Newman, Je Dubin Pant ‘Amy ME ost September 25, 2002 The Honorable William C. Johnson, Jr. Cireuit Court Judge 125 Bast Orange Avenue, Room 302 Daytona, tL 32114 RE. Bank One, National Association, As Trustee vs Robert E. Ward And Jerilynn L, ‘Ward A/KIA Jenlyn L Ward, et al Case No. 2001 31518 CICE Dear Judge Jonson Enclosed please find a proposed Order on Ptaiauff's Motion for Summary Final Judgment, which was heard on July 10,2002 In addition, enclosed please find Plaintiff's Motion for Reheanng and Motion for Clarification previously submitied Plantff served all parties and the Court with said Motuon for Reheanng and Motion for Clanificatzon on July 19, 2002. However, Your Honor brought to the undersigned’s atteruson that said Mouon and Order are missing from Your Honor's office. As a result, counscl for the Plaintlf respectfully re-submuts a copy of the previously served Motion as well as the previously served Order for Your Honor's review [ have also aitached copies to be conformed by your Judicial Assistant and mauled to the respective parties, Should you require any additional mformation, please do not hestlate to contact this office on our toll free number (800}441-2438 Bank one vs. Robert Ward.maxFedEx | Shap Manager | Label7922 “795 9576 Page 1 of 2 ‘roe Juan sac, 543-3218 AEVewue a4a00E ‘WARSHALL WATSON ‘a a SPREET SUE 120 FORTLaUDEnOALE, A 3208 To: CIRCUIT JUDGE (000}000-0000 THE HONORABLE WILLIAM C. JOHNSON, J SRR OATE ssuuce 125 EAST ORANGE AVE., ROOM 302 DAYTONA, FL, 32114 fer 01 -G2se7rMGTION CLARIFIC ET ra TNC # 7900 7088 3576 yy STANDARD Ane MON every 92114-FL-US 220102 Shipping Labet Schedule Courier Find 2 Dfopoif Location Shipping History Shipment Complete “+ Cancel Shipment “Edit Shipment information. 1 Use the “Print” feature from your browsee to send thi page to your laser printer 2 Fold the printed page along the horzondal ne 3 Place ibe in ar wayball pouch and affix 10 your shupment so that the barcode portion of the labet can be read and sc Shipment Detaits ‘To pinta copy ofthe shipment wfoumauon for your reotds, please click "Shipment Det Shipment Details Ship a New Package Ship inside U S. Shp Outside US ‘Ship to Samo Recipient ea wet abe naw ryan cco 3100 por ka, whee ea ow, ama sey, Samy, me, 9 oom tks you dic siger value povanatral Ca, earlvou' stu fw ad es ely cs Latin nd se coef San eck ‘fol You nbtioreser em fe anya ning ane ake of pacha bw of tse wee r,t some aco, ner ies ofenaute nach det ned camequetal ocala the pant of $100 1 he aabonacddecl va Reavy nl era ‘Sumas Moxie rr eandnr value nS #7 wel fous meals pei aso eer wn Sc S huips:/avww fedex com/eys-binvunity?>www4 &grfa/76/95/7920_7295_9576SWSaGdl htm! 7/19/2002 Bank one vs. Robert Ward.maxIN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT, IN AND FOR VOLUSIA COUNTY, FLORIDA. BANK ONE, NATIONAL ASSOCIATION, AS TRUSTEE CIVIL DIVISION Phun, CASE NUMBER 2001-31518-CICI v. ROBERT B.WARD; JERILYNN WARD AAA JERILYN F. WARD, ET AL, SARA SUE PUGATE Respondent, RESPONDENT'S VERIFIED MOTION TO SHOW CAUSE WHY THE ORDER FOR DISMISSAL AND VERIFYING DISCHARGE SILOULD NOT BE SIGNED Comes now, Sara Suc Fugate, a living woman, (“Respondent”) to move this court ‘TO SHOW CAUSE WHY THE ORDER FOR DISMISSAL AND VERIFYING DISCHARGE SHOULD NOT BE SIGNED and who further states; Introduction 1, During a hearing on July 10, 2002, plaintiffs brought before the court a MOTION FOR SUMMARY JUDGMENT. 2. The court reviewed the facts and heard arguments from both the Respondent and plaintiffs and after considering the facts and law, entered a verbal order dismissing the Facts to ve debt was discharged 3. tis supported by affidavit, incorporated herein by reference as Kxhibit “A” that Respondent discharged all indebledness owed and owing to HOMECOMINGS FINANCIAL NETWORK (a/k/a BANK ONE NATIONAL ASSOCIA TON), (*plaintiffs"), who are purported to be plaintiffs, having standing in Florida 4. ‘Theaffidavit stated in part; ~...That the Affiant did tender payment to MIOMECOMINGS FINANCIAL NETWORK dated February 6, 2002, in the amount of $72,428.05... ". 5 Thealfidavit further stated an part, * . That the Affiant 1s tendering a second payment to HOMECOMINGS FINANCIAL NETWORK in the amount of $72,005.22...” Bank one vs. Robert Ward.max6. ‘The affidavit further stated in part; “...That the Affiant has tendered certified funds as payment to HHOMECOMINGS FINANCIAL NETWORK totaling $144,433 27 specifically to discharge debt for the above referenced case...~ 7. Furthermore; plainfTs and plaintiff's attorney provided the final payoff amount by “Affidavit of Indebtedness”, dated June 14, 2002. Said affidavit, by plaintiffs verifies the total amount due to be $ 72,005 22 and which 1s the same amount Respondent provided by Bill of Exchange for discharge of the debt requested by plaintiffs. 8. Furthermore, Respondent had previously provided a Bill of Exchange inthe auuound of $ 72,428.05, keaving plaintiffs an umount totaling $ 144,433.27 out of which to collect any additional fees, costs or interest due them. % ‘The record clearly shows that plaintiffs have received an overabundance of negotiable wnstrumcnts, inthe form of Bills of Exchange and which included a “Letter of Advice” with specific msructions for presentation to plaimiff's bank for collection. ed Florida statute and Uniform Commercial Code can be in money or otherwise, as stated in pertinent part in Florida statute, 48.8, 672.304 Dice payable in money, goods, realty, or otherwise...The price can be made payable ift money or otherwise.” and Respondont chose “otherwise” by utilizing Bills of Exchange SABIE eg ‘The court dismissed the case on the merits A447. & Sof _, 11. During «July 10, 2002 hearing, ths court heard testimony from the planiff and Respondent and reviewed the facts and law regurding Uns case. 12. During the July 10 hearing, plaintiff’ s counsel asked the question, “ ..whut is a bill of exchange? and then stated; “because I have a feeling my client will not know what a copy of the July 10, 2002 transcript incorporated herein by reference, as 10. Respondent previously pro’ references to verify that “tender” of 13. The court proceeded to clarify that a bill of exchange must be acceptable to the plaintiffs, as they arc the banking business, when the court stated: “They're in the business (banking business). It’s a bank instrument”. See Exhibu “B". [emphasis added} 14, The court bad previously verified through testimony given that plantfTs had reccived payment u full, by certified mail, on two occasions and on the court’s own Bank one vs. Robert Ward.max--motion for summary judgment is denied. Send me an order. This case is dismissed”. 15. Respondent proceeded to provide the court an Order on or about July 15" and followed up to see if the Order had been signed, Respondent farther followed up with the ‘court on three or four other occasions over the next three weeks 16. It appears the court failed to sign the order provided and neither plaintiffs, nor the court have provided any reason why the order should not be signed Conclusion and Relief Sought Wherefore; it has been shown that the Respondent discharged all debt owed or owing plamtiffs and it has been shown that during the July 10 hearing, the court verified that plaintiffs had received said payment and on it’s own motion dismissed the case. Furthermore; Respondent previously provided this court a proposed Order and no reason has been shown why the court should not sign the order and 1 appearing the Order has not been signed. ‘Therefore; by obligation to the “Oath” and Respondent's request herein to make a “Judicial determmation consistent with the Oath of Office”, the Respondent moves this court to sign the Order provided by Respondent. It is requested said Order verify the case bas beon disunssed and sad Order verify the debl o be discharged and said Order require plamtifts provide Respondent clear title within 30 days. Dated this 12th, day of September, 2002 SBA Sue agake. a Sara Sue te clo, 15363 Southeast 105" Terrace Road Summerfield, Florida [34491] Bank one vs. Robert Ward.max