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BANK OF AMERICA, N.A'S MOTION FOR FINAL DEFAULT JUDGMENT
IN THE CIRCUIT COURT, TWENTIETH JUDICIAL CIRCUIT, IN AND FOR
LEE COUNTY, FLORIDA
CASE NO: 2018-CA-003701
BANK OF AMERICA, N.A. a
National Banking Association,
Plaintiff, vs.
OAK STREET MORTGAGE, LLC,
a foreign limited liability company,
Defendant.
Plaintiff, BANK OF AMERICA, N.A. (“BofA”) hereby moves for final default judgment against Defendant OAK STREET MORTGAGE, LLC (“Defendant”). BofA respectfully submits it is entitled to this final default judgment on the following grounds:
1. Defendant has defaulted in this matter and has admitted all well pled allegations of the Complaint. A Default was entered against Defendant on September 19, 2018.
2. The affidavit submitted in support of this Motion clearly shows that the borrower in this matter has fully paid off the mortgage and note held by BofA;
3. BofA holds the note and mortgage in this matter;
4. BofA was assigned the mortgage in this matter, but that assignment was not properly recorded;
5. BofA requested of Defendant that the assignment be resigned, but Defendant has not done so; and
6. No adequate remedy of law exists in this matter and BofA is entitled to a Judgment that finds BofA is the holder of the mortgage in this matter, that the mortgage was assigned to BofA by Defendant and should be re-assigned to BofA, that the Defendant no longer holds any interest in the mortgage, that the borrower has fully paid the mortgage, and that the mortgage is satisfied of record.
WHEREFORE, Plaintiff, Bank of America, N.A. requests the Court to enter a Judgment finding that BofA is the holder of the mortgage in this matter, that the mortgage was assigned to BofA by Defendant and should be re-assigned to BofA, that the Defendant no longer holds any interest in the mortgage, that the borrower has fully paid the mortgage, and that the mortgage be satisfied of record.
TOMCHIN & ODOM, P.A.
By:/s/ Kenneth A. Tomchin
KENNETH A. TOMCHIN Florida Bar No.: 724955
BRETT P. ABNER
Florida Bar No.: 707996
6816 Southpoint Parkway, Suite 400 Jacksonville, Florida 32216
(904) 353-6888 (telephone)
(904) 353-0188 (facsimile)
[email protected]
[email protected]
Counsel for Plaintiff, Bank of America
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 9th day of October, 2018 I electronically filed the foregoing with the Clerk of the Court by using the Florida Courts E-Filing Portal system which will send a notice of electronic filing to all counsel of record. /s/ Kenneth A. Tomchin Attorney
December 7, 2018 18-04325L