Consumer complaint received 2018-01-30
Company: Servis One, Inc., Titusville, PA Branch
State: FL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
Violation to Floridas provisions Chapter 501, Part II, Florida Statutes, Floridas deceptive and Unfair Trade Practices Act, Chapter 117, Florida Statutes which governs activities of notaries public., chapter 668, part II Floridas electronic Transaction Act m and Chapter 696, governing record conveyance of real estate. 


On XX/XX/XXXX, the servicer XXXX XXXX XXXX through XXXX XXXX XXXX, XXXX, filed a foreclosure action, alleging to be the holder of the note and mortgage of a lost note. On XX/XX/XXXX debt collector XXXX XXXX filed an affidavit afloat note containing an endorsement XXXX XXXX, on XX/XX/XXXX debt collector XXXX XXXX filed a second affidavit that reveals that the endorsement of XXXX XXXX is nowhere to be found. 

The omission of endorsement and of contradictory affidavit is critical. Plaintiff can not present a lost Note affidavit with a doctored and falsified copy of a note to establish standing to foreclosure. 

Pursuant to Florida Statutes F.S. 702.105 ( 5 ), if plaintiff seeks to enforce a lost, destroyed, or stolen instrument, an affidavit must detail a clear chain of all endorsements, transfers, or assignments. Statutory compliance is mandatory. A Plaintiff does not comply with F.S 702-105 ( 5 ) and can not have standing to enforce a lost note if one of the required statutory elements is not meet. Se generally, XXXX v. XXXX XXXX XXXX, XXXX, 83 So. 3d.1970 ( Fla. 3rd DCA 2012 ). ( Court could not enter judgment in favor of party seeking enforcement of lost note unless it finds that a person required to pay the instrument is adequately protected against the loss. 

The plaintiff are barred from making the legal argument that are " protected '' under the XXXX. Statutes as Bona Fide third party purchasers without knowledge of fraud. 

Under Florida Law, to be a bona fide purchaser, three conditions must be satisfied. The purchaser must have ( 1 ) acquired the legal title to the property in question, ( 2 ) paid value therefore, ( 3 ) been innocent of knowledge of the equity against the property at the time when consideration was paid and title acquired. XXXX v XXXX, 955 So. 2 d 1189, 1192 ( Fla. 3d DCA 2007 ). A purchaser is not entitled to protection as a bona fide purchaser when he or she tase property with notice of an outstanding interest in the property. Successors in title take title subject to those interest of which they have notice. XXXX v XXXX, XXXX So. 2d 514, 517 ( Fla. 2d DCA 2000 ). Forms of notice include possession actual notice and constructive notice of publicly-recorded matters. XXXX XXXX XXXX XXXX, v XXXX XXXX, XXXX XXXX So. 2d 114,117 ( Fla. 5th DCA 1982 ). 

The defects reflected on the note were recorded and appeared in the chain of title, that was enough to place a prospective purchaser on notice of its faulty execution. 44 Fla. jury  2.d Records & Recording Acts 150 ( 2008 ). Recording the deed was constructive notice to subsequent purchasers, not only of its own existence and contents, but also of any other fact concerning the instrument that would have been ascertained from the record if it had been examined and if inquiries suggested by it had been prosecuted. 38 Fla. Jurr 2.d Notice and Notices 21 ( 2008 ).

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation