SUPREME COURT OF FLORIDA

CASE NO.: SC

On Discretionary Review FromThe Third District Court of Appeal 2

DCA CASE No. 3D12-325

IN THE DISTRICT COURT OF APPEALTHIRD DISTRICT, STATE OF FLORIDA

HORACIO R. SEQUEIRA AND GLORIA F.

ROMERO GUARDADO HUSBAND AND WIFE

Petitioners,

Vs.

AMERICAN HOME MORTGAGESERVICING, INC. /HOMEWARD RESIDENTIAL INC.

Respondent,

PETITIONER'S BRIEF ON JURISDICTION

Respectfully submitted by,Horacio Sequeira andGloria F. Romero GuardadoPro se petitioners6351 W. 16 Av.Hialeah, F1 33012(786) 468-1792

TABLEOFCONTENTS

Page

TABLE OF AUTHORITIES............................................................... ii

I. INTRODUCTION......................................................................... 1

II. STATEMENT OF THE CASE AND FACTS........................................ 2

III. ARGUMENT............................................................................. 5

A. STANDARD OF REVIEW........................................................ 5

B. THIS COURT SHOULD REVIEW THE OPINION, WHICHCONFLICTS WITH MANY DECISIONS FROM THISCOURT AND FROM OTHER DISTRICTS..................... ...............5

1. THE THIRD DISTRICT'S ASSUMPTION THEORIGINAL PROMISSORY NOTE WAS IN THEPOSSISSION OF DE AMERICAN HOME MORTGAGESERVISING INC IS MISPLACED.........................................6

2. THE DECISION OF THE DISTRICT COURT OF APPEAL INTHE CASE EXPRESSLY AND DIRECTLY CONFLICTS WITHOTHER DECISIONS, ESPECIALLY WITH THE DECISION OFTHE COURT IN CARPENTER V. LONGAN AND RIGGS V.AURORA...................................................................6, 7

3. THE THIRD DISTRIC'S AFFIRMED THAT FRAUDULENTASSIGNMENTS AFIDAVIT AND DOCUMENTS OFMORTGAGES ARE IRRELEVANTS IS INCONSISTENT ANDCONFLICTS WITH THIS CORUT'S PREVIOUS DECISION........8

CONCLUSION................................................................9

CERTIFICATE OF SERVICE............................................10

CERTIFICATE OF FONT COMPLIANCE..............................10

APENDIX...................................................................Tab

TABLE OF AUTHORITIES

Page

Aguilera v. Inservices, Inc., 905 So. 2d 84, 87 (Fla. 2005)............................. 5

Avi-Isaac v, Wells Fargo Bank, N.A., 59 So. 3d 174, 177 (Fla. 2d DCA (2011).6, 7

Beatyv. State, 701 So. 2d 856 (Fla. 1997) ................................................5

Carpenter v. Longan 16 wall. 271,83 U.S. 271, 274, 21 L. Ed. 313 (1872) ............7

In Re D.J.S., 563 So. 2d 655, 657 n.2 (Fla. 1" DCA 1990).............................6

In re Amendments to the Florida Rules of Civil Procedures,44 So. 3d 555, 556 (Fla. 2010)................................................ 8

McMillan v. Troutman, 740 S. 2d 1227 (Fla. 4th DCA 1999)......................... 6

Riggs v. Aurora Loan Servs, 36 So. 3d 932 (Fla. 4th DCA 2010).................. ...6

Statutes

Title 39, chapter 673, Fla. Stat.............................................................. 7

Constitutional Provisions

Art. V, § 3(b)(3), Fla. Const................................................................ 5

Rules

Rule 9.030(a)(2)(A)(iv), Fla. R. App. P................................................... 5

Rule 1.110, Fla, R. Civ. P................................................................ ... 9

Florida Attorney General Reports

Unfair, Deceptive and Unconscionable Acts in Foreclosure Cases...... s......... 8, 9

I. INTRODUCTION

This case is of great public importance. The Third District Court Appeal of Florida

percuriam affirmed (the "Opinion") found American Home Mortgage,Inc.

/Homeward Residential Inc., to have standing to foreclosure on Horacio R.

Sequeira's and Gloria F. Guardado's ("Appellants") property based on a mortgage

note that Appellants told the Court that such Promissory Note has been altered and

is fraudulent and contains Appellants' forged signatures. The Opinion of the Third

District Court of Appeals of Florida also found that filing a fraudulent assignment

of mortgage is irrelevant in foreclosure cases.1 The Opinion not only conflicts with

one hundred years of Florida foreclosure law - it sweeps away un-contradicted

precedent in this Court as well as the district courts of Florida. If allowed to stand,

the Opinion will transform Florida into a foreclosure wasteland, where

unscrupulous banks and their attorneys (without worrying about the rules of

evidence) can file fraudulent documents, i.e. assignment of mortgages, forged

signatures, affidavit fraudulent and copies of promissory notes, passing them off as

the "originals," whose actions would be rejected virtually everywhere else. On

May 14, 2012, Horacio R. Sequeira and Gloria F. Guardado filed with the Third

District Court of Appeal of Florida an initial brief plead's Judgment should be set

aside and the matter remanded because Motion for Summary and reconsideration

1

motion denied without prejudice, Judgment was based on evidence that contains

forged signatures and affidavit fraudulent. On September 27, 2012 Third District

Court of Florida rendered Percuriam Affirmed, then petitioner filed On the Third

District Court of Appeal of Florida Motions rehearing, rehearing en banc,

clarification, writing opinion and motion to dismiss denied by Third District Court

of Florida On November 27 2012, and December 19, 2012. Horacio R. Sequeira

and Gloria F. Guardado has requested the Third District Court of Florida panel to

certify that decision passes on a certified copy filed by American Home Mortgage

promissory note (with blank endorsement) in the record of the court altered, forged

signatures, affidavit, and documents that were fraudulent1.

II. STATEMENT OF THE CASE AND FACTS

On April 6,2009, American Home Mortgage Servicing, Inc.,(AHMSI) filed a

foreclosure action against Horacio R. Sequeira and Gloria F. Guardado. Count II

of the complaint sought to reestablish the lost note. Attached to the complaint were

copies of the promissory note and a copy of the mortgage, showing American

Home Mortgage Servicing, Inc,. (AHMSI) as the lender and Mortgage Electronic

Registration Systems, Inc. ("MERS") as the nominee mortgagee. On June 11,

1A copy of the Opinions and false documents filed up 11th Judicial Circuit Court of

Florida by American Home Mortgage Servicing Inc., appears in the attached

Appendix

2

2010, expert witness Sean R. McLaughlin, attended a scheduled meeting at the law

offices attorney Mia Martin counsel of American Home Mortgage Servicing Inc.,

and as affidavit filed as exhibit in motion to dismiss in low Court. On December 6,

2011, American Home Mortgage Servicing Inc,. (AHMSI) filed a motion for

summary judgment, along with an affidavit of indebtedness. A hearing on

American Home Mortgages Inc., of motion for summary judgment. Horacio R.

Sequeira argued that the assignment of mortgage, and documents were fraudulent

and American Home Mortgage Servicing Inc., did not have standing when they

filed the foreclosure proceeding because the assignment and promissory note were

not filed .The judge dismissed Horacio R. Sequeira motion and a final judgment

of foreclosure was entered on January 20, 2012. At the hearing, the Judge

determined that false documents and forged signatures, and false W2 Federal

documents altered are not important. In addition, the affidavit of expert witness

Sean R. McLaughlin2 that was in the file disappeared, and the lost promissory note

suddenly now had appeared after three years of requesting the original .

Nevertheless, the Note was a scan altered copy of the Note. On January 23, 2012

filed a reconsideration motion in Circuit Court l ith JudiCial Of Florida and an

affidavit of expert witness Sean R. McLaughlin was filed. The Judge denied this

2 A copy of the Affidavit appears in the attached Appendix.

3

reconsideration motion and did not even reconsider it because Judge Dresnick had

heard this case before; therefore, the Judge said that he was not going to rehear it

again despite the fact that it was a motion for rehearing. The trial judge accepted

the Notes and other documents that Mr. Horacio R. Sequeira pointed there were

inadmissible because they were false and contained forged signatures. Also, the

trial judge ignored Mr. Horacio R. Sequeira's expert witness opinion in an

affidavit. At the reconsideration hearing the trial judge denied Mr. Horacio R.

Sequeira's motion. The judge stated: "I've already denied your motion, I did that

in chambers. So there's nothing for us to do today. Okay?" Horacio R. Sequeira

appealed to the Third District Court Appeal of Florida, arguing that the trial court

erred in granting summary judgment because (1) a genuine issue of material fact

existed as to American Home Mortgage Servicing Inc, standing to foreclose; (2)

the assignment of mortgage contained questionable signatures in order to commit

fraud upon the court; and (3) the trial the court abused its discretion by denying

Horacio R. Sequeira's motion for reconsideration and violated his due process

right by denying him an opportunity to be heard. On September 27, 2012 the Third

District Court of Appeal of Florida affirmed the summary judgment percuriam

affirmed. On October 12, 2011 Horacio R. Sequeira filed a motion for rehearing

and rehearing en banc. On November 27, 2012 , Appellee's responded to

4

appellant's motion for rehearing and rehearing en banc untimely and Horacio R.

Sequeira Replied to appellee's Motion for rehearing and rehearing en banc On

November 9, 2012, the Third District denied Horacio R. Sequeira motion for

rehearing, and rehearing en banc but addressed some points argued by Horacio R.

Sequeira in initial brief. On October 12, 2012 Horacio R. Sequeira filed a motion

for clarification and for written opinion, and was denied on November 27, 2012.

And Certification motion without opinion, Horacio R. Sequeira and Gloria F.

Guardado timely filed a notice to invoke the discretionary jurisdiction of this court

to review the Third District Court's opinion.

III. ARGUMENT

A. STANDARD OF REVIEW.

This Court may exercise jurisdiction to review the Third District court of Appeal

of Florida Opinion because: (1) it misapplies this Court's precedent; and (2) it

expressly and directly conflicts with decisions of this Court and other district

courts on the same question of law. See Fla. Const, art. V, § 3(b)(3); Fla. R. App.

P. 9.030(a)(2)(A)(iv); see also Aguilera v. Inservices, Inc., 905 So. 2d 84, 87 (Fla.

2005) ("misapplication of decisional law creates conflict jurisdiction"); Beaty v.

State, 701 So. 2d 856 (Fla. 1997) (noting that conflict must be express and direct).

5

B. THIS COURT SHOULD REVIEW THE OPINION, WHICH

CONFLICTS WITH MANY DECISIONS FROM THIS COURT

AND FROM OTHER DISTRICTS.

The Opinion in Percuriam affirmed derives from fraudulent documents, a case that

did not even address the issue of a copy of a promissory note filed in a foreclosure

case or a fraudulent assignment of mortgage. This Court should take jurisdiction to

resolve the conflict created by the Opinion.

1. The Third District's Assumption the Original Promissory Note was in the

Possession of American Home Mortgage Inc., is Misplaced. It is still in

dispute whether the promissory note contained in the record which the

2. Third District Court Opinion relied upon as a basis for the Opinion is in fact

the original note. See in Riggs v. Aurora,

At the summary judgment hearing, Horacio R. Sequeira requested to see the

original note; since Mr. Horacio R. Sequeira's expert witness stated it was a copy

but the trial judge denied this petition. When the authenticity of the promissory

note was raised by Mr. Horacio R. Sequeira during summary judgment, he said

that it was reviewed by expert witness and it was altered and had a forged

signature; this conflict should have been reconciled at an evidentiary hearing not at

summary judgment. In Re D.J.S., 563 So. 2d 655, 657 n.2 (Fla. 1®* DCA 1990)

6

Further, "it is reversible error for a trial judge to deny a party an evidentiary

hearing to which [the party] is entitled." Avi-Isaac v, Wells Fargo Bank, N.A., 59

So. 3d 174, 177 (Fla. 2d DCA 2011) (quoting Sperdute v. Household Realty Corp.,

585 So. 2d 1168, 1169 (Fla. 4th DCA 1991) 2. The Third District's Reliance on

fraudulent documents and promissory note that later it was misplaced. The Opinion

also affirmed summary judgment on the basis that American Home Mortgage

Servicing Inc., actual possession of the original promissory note supported its

claim that it was the proper holder of the note thereby satisfied the requirements

under the Uniform Commercial Code. "Carpenter v. Longan id. The U.S and the

Uniform Commercial Code requires that a Negotiable Instrument be endorsed

when a complaints is filed. It appears that the Circuit court overlooked the fact that

there was no evidence presented that AHMSI actually possessed the promissory

note. Where it is undisputed that had physical possession of the original note and

mortgage, in the instant case, AHMSI did not have physical possession of the

original promissory note as evidenced in the Record." The existence of the

"original" promissory note still remains in question. Fraudulent documents filed by

AMSHI are in file in the court. Third District Court continue without resolving the

issue of whether the note presented at summary judgment was in fact authentic and

not a mere copy, because expert witness when review the note it was an altered

7

copy, the Opinion altered decades of case law and seemingly rewrote Chapter 673,

which is the Florida equivalent of Article 3 of the Uniform Commercial Code

governing "negotiable instruments" by converting a copy of promissory note into a

valid negotiable instrument. If left to stand, the Opinion will have a tremendous

impact on all foreclosures in this state and will significantly impact future real

estate transactions.

3. The Third District affirmed that Fraudulent Assignments of Mortgages

are Irrelevant is Inconsistent and Conflicts with This Court's Previous

Decisions.

The assignment of mortgage in this case contained a conflict on its face as to

Sequeiras' right to foreclose. By declaring that: "Even if Sequeiras' could prove

the assignment was fraudulent, the dispute would be between American Brocker

Conduit, [original lender], the Opinion announces a new rule in foreclosure cases

that actual ownership of the loan is irrelevant once the Plaintiff makes a prima

facie showing of the right to enforce the note as its holder. There is in existence a

factual dispute that the assignment of mortgage contained the forged signatures of

three known Robo-Signers. See: Unfair, Deceptive and Unconscionable Acts in

Foreclosure Cases " (Florida Attorney General, Economic Crimes Division Report

2011). By holding that fraudulent assignments of mortgages are irrelevant in

8

foreclosure cases, the Opinion altered decades of case law and seemingly

undermines and ignores the mandate set down by this Court when it addressed the

problem of the plethora of fraudulently executed documents in statewide

foreclosure cases. Acknowledging the importance of this problem and finding that

the veracity of banks and their chosen counsel is so often in questions, this Court

changed Florida Rules of Civil Procedure 1.110 to require that foreclosure

complaints be verified. In re Amendments to the Florida Rules of Civil Procedures,

44 So. 3d 555, 556 (Fla. 2010). The objective of this Court is largely undermined

by the Fourth District Opinion as it now stands. If left to stand, the Opinion will

have a tremendous impact on all pending and future foreclosure cases in the State

of Florida and will significantly limit valid foreclosure defenses in such cases. This

Court should take jurisdiction to address the conflict and to correct the Fourth

District's serious error.

CONCLUSION

For the foregoing reasons, the Court should accept jurisdiction to review the

district court's decision and allow full brief'mg on the merits which is of great

public importance that expressly a Percuriam affirmed of Fraudulent documents of

Mortgages which are Inconsistent and Conflicts with This Court's Previous

9

Decisions therefore against U.S Constitution and Art. 8 on Universal Declaration

of Human Rights.

Res t 11 bmitted,

H r . Sequeira Glori . ero ardado

6351 W 16th Ave. 6351 W 16th Av.Hialeah, Fl. 33012 Hialeah, Fl. 33012Phone 786-468-1792 Phone 305-492-2919

Certificate of Service

I hereby certify that a true and correct copy of the foregoing has been furnished by

U.S. Mail to Nancy M. Wallace and Katherine E. Guiddings. Akerman Senterfitt

106 East College Avenue, Suite 1200 Tallahassee, Florida 32301. William P.Heller and Mark Raschess Akerman Senterfitt Las Olas Centre II, Suite 1600, 350

East Las Olas Boulevard. Fort Lauderdale, Florida 33301. ( Appellee)f this 2 day

of J y 201 .

Hor ci . equeira Glori . m to Guardado63 16 Ave. 6351 . ve.Hialeah, FL 33012 Hialeah, Fl. 33012Phone 786-468-1792 Phone 305-492-2919

CERTIFICATE OF FONT COMPLIANCE

I certify that the lettering in this brief is Times New Roman 14-point font and

complies with the font requirements of the Florida Rule of Appellate Procedure

9.210(a) (2).

By:

Horacio . Sequeira,

In Pro Per

10

APENDIX

1

CONTENTSPage

Percuriam Affirmed Third District Court Appeal (September 27, 2012)..............la

Consideration motion for rehearing and motion for clarification and for writing

opinon, denied by Third District Court of Appeal of Florida (Nov 27, 2012).......2a

Consideration motion for Clarification, written opinion and motion to dismiss

denied by Third District Court of Florida (December 19, 2012).......................3a

Final Judgment of Foreclosure (January 20, 2012).......................................4a

Order Granting Motion to Cancel February 24, 2012 foreclosure Sale and Stay

proceeding pending Appeal. (February 14,2012)........................................9a

Affidavit Spert witness Sean R. McLaughling (June 6, 2010)........................11a

Police Report (1014692) with false Documents filed by American Home

Mortgage Servicing Inc. In District Court 11th Judicial case No 19692 (April 4,

2010).....................................................................................................................13a

tilfjirb 7A8trict Court of SppealState of Florida, July Term, A.D. 2012

Opinion filed September 27, 2012.Not final until disposition of timely filed motion for rehearing.

No. 3D12-325Lower Tribunal No. 09-74869

Horacio R. Sequeira, et al.,Appellants,

vs.

American Home Mortgage Servicing, Inc., etc.,Appellee.

An Appeal from the Circuit Court for Miami-Dade County, MarcSchumacher, Judge.

Horacio R. Sequeira and Gloria F. Guardado, in proper persons.

Akerman Senterfitt and Nancy M. Wallace and Katherine E. Giddings(Tallahassee) and William P. Heller and Marck I. Raschess (Fort Lauderdale), forappellee.

Before SHEPHERD, CORTIÑAS and FERNANDEZ, JJ.

PER CURIAM.

Affirmed.

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

THIRD DISTRICT

JULY TERM, A.D. 2012

NOVEMBER 27, 2012

HORACIO R. SEQUEIRA, CASE NO.: 3D12-325ET AL.,Appellant(s)/Petitioner(s),

Vs.

LOWERHOMEWARD RESIDENTIAL, TRIBUNAL NO. 09-74869INC.,Appellee(s)/Respondent(s).

Upon consideration, appellant's motion for rehearing

and motion for clarification and for a written opinion are

hereby denied. SHEPHERD, CORTIÑAS and FERNANDEZ, JJ., concur.

Appellant's motion for rehearing en banc is hereby denied.

cle eAPP6 7x et

OF f

cc:William P. HellerHoracio R. SequeiraNancy M. Wallace

la

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

THIRD DISTRICT

JULY TERM, A.D. 2012

DECEMBER 19, 2012

HORACIO R. SEQUEIRA, CASE NO.: 3D12-325ET AL.,Appellant(s)/Petitioner(s),

vs.LOWER

HOMEWARD RESIDENTIAL, TRIBUNAL NO. 09-74869INC.,Appellee(s)/Respondent(s).

Upon consideration, appellant Horacio R. Sequeira's

petition motion for clarification and for a written opinion is

hereby denied as unauthorized.

Upon consideration, appellant Gloria F. Romero

Guardado' s petition motion for clarification and for a written

opinion and motion to dismiss are hereby denied as unauthorized.

SHEPHERD, CORTIÑAS and FERNANDEZ, JJ., concur.

cle eAppe è ct

cc:William P. HellerGloria F. GuardadoHoracio R. SequeiraNancy M. Wallace

la

IN THE CIRCUIT COURT OF THEAmerican Home Mortgage Servicing, ELEVENTH JUDICIAL CIRCUIT INInc., AND FOR MIAMI DADE COUNTY,

Plaintiff, FLORIDA

vs. GENERAL JURISDIC VISION

Horacio R. Sequeira and Gloria E. CASE NO.: 09-7 AGuardado, et. al., p

Defendant(s). /

FINAL JUDGMENT OF FORECLOSURE(Pursuant to Administrative Order 11-05)

THIS ACTION was heard before the Court on Plaintiffs Motion for mJudgment on January 20, 2012. On the evidence presented,

IT IS ORDERED AND ADJUDGED that:

1. The Plaintiffs Motion for Summary Judgment is GRANTED. Service of process hasbeen duly and regularly obtained over Defendants: Horacio R. Sequeira (10/21/09) andGloria E. Guardado (10/21/09). The Court further specifically finds that American HomeMortgage Servicing, Inc. is entitled to fmal judgment over Horacio R. Sequeira andGloria E. Guardado's affirmative defenses and counterclaims. Horacio R. Sequeira andGloria E. Guardado (6351 West 16th Avenue, Hialeah, FL 33012) shall take nothing onthe counterclaims, and American Home Mortgage Servicing, Inc. (1525 South BeltlineRoad, Coppel, Texas 75019) shall go forth without day.

2. Amounts Due. There is due and owing to the Plaintiff the following:

Principal due on the note secured by the mortgage foreclosed: $252,747.91Interest through 11/30/11 ($43.28/per diem) $ 32,199.03Interest from 12/1/11 to 1/20/12 ($43.28/per diem) $ 2,164.00Pre-acceleration late charges $ 450.54Accumulated NSF Charges $ 75.00Pro Rata PM1 MIP $ 783.34Escrow Advances $ 33,050.41

Real Estate Taxes (paid 2008-2011) $ 9,951.11Hazard Insurance (paid 2008-2011) $23,099.30

Property Inspections Fees $ 240.00Property Valuation/BPO $ 185.00Loss Mitigation Expense $ 10.50GRAND TOTAL $321,905.73

{22841719;2}

3. Interest. The grand total amount referenced in Paragraph 2 shall bear interest at the

prevailing statutory interest rate per year from this date through December 31 of this

current year, for which let execution issue. Thereafter, on January 1 of each succeeding

year until the judgment is paid, the interest rate will adjust in accordance with section

55.03, Florida Statutes.

4. Lien on Property. Plaintiff, American Home Mortgage Servicing, Inc., whose address

is 1525 South Beltline Road, Coppel, Texas 75019, holds a lien for the grand total sum

specified in Paragraph 2 herein. The lien of the plaintiff is superior in dignity to any

right, title, interest or claim of the defendants and all persons, corporations, or other

entities claiming by, through, or under the defendants or any of them and the property

will be sold free and clear of all claims of the defendants, with the exception of any

assessments that are superior pursuant to Florida Statutes, Section 718.116. The

plaintiff's lien encumbers the subject property located in Miami Dade County, Florida

and described as:

The West 140 feet of the South 19 feet of the North 1024 feet of Tract "C"

(distances are as measured parallel to the West and North Lines of Tract

"C") of FIRST ADDITION TO WESTHAVEN HEIGHTS, according to the

Plat thereof, as recorded in Plat Book 65, Page 42, of the Public Records of

Miami-Dade County, Florida.

Property address: 6351 West 16th Avenue, Hialeah, Florida 33012

5. Sale of Property. If the grand total amount with interest at the rate described in

Paragraph 3 and all costs accrued subsequent to this judgment are not paid, the. Clerk of

the Court shall sell the subject property at public sale on .AV FEB 2 4 20IZ20u, to

the highest bidder for cash, except as prescribed in Paragraph 6, at:

[ X ] www.miamidade.realforeclose.com, the Clerk's website for on-line auctionsat 9:00 a.m. after first having given notice required by Section 45.031,Florida Statutes.

[22841719;2)

6. Costs. Plaintiff shall advance all subsequent costs of this action and shall be reimbursed

for them by the Clerk if plaintiff is not the purchaser of the property for sale. If plaintiff is

the purchaser, the Clerk shall credit plaintiff's bid with the total sum with interest and

costs accruing subsequent to this judgment, or such part of it, as is necessary to pay the

bid in full. The Clerk shall receive the service charge imposed in Section 45.031, Florida

Statutes, for services in making, recording, and certifying the sale and title that shall be

assessed as costs.

7. Distribution of Proceeds. On filing the Certificate of Title, the Clerk shall distribute the

proceeds of the sale, so far as they are sufficient, by paying: first, all of Plaintiff s costs;

second, documentary stamps affixed to the certificate; third, Plaintiffs attorney's fees;

fourth, the total sum due to Plaintiff, less the items paid, plus interest from this date to the

date of the sale at the rate prescribed in Paragraph 3. During the sixty (60) days after the

Clerk issues the certificate of disbursements, the Clerk shall hold the surplus pending

further Order of this Court.

8. Right of Redemption. On filing of the Certificate of Sale, all Defendants' rights of

redemption as proscribed by Florida Statutes, Section 45.0315 shall be terminated.

9. Right of Possession. Upon filing of the Certificate of Title, Defendants and all persons

claiming under or against Defendants since the filing of the Notice of Lis Pendens shall

be foreclosed of all estate or claim in the property and the purchaser at sale shall be let

into possession of the property, subject to the provisions of the "Protecting Tenant At

Foreclosure Act of 2009."

10. Attorney Fees. The Court reserves jurisdiction for attorneys' fees and costs.

11. Jurisdiction. Jurisdiction of this action is retained to enter further orders that are

proper including, without limitation, a deficiency judgment.

NOTICE PURSUANT TO AMENDMENT TO SECTION 45.031, FLA.

STAT. (2011)

IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAYBE ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT

{22841719;2}

OF PERSONS WHO ARE ENTITLED TO BE PAID FROM THESALE PROCEEDS PURSUANT TO THIS FINAL JUDGMENT.

IF YOU ARE A SUBORDINATE LIEN HOLDER CLAIMING ARIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUSTFILE A CLAIM WITH THE CLERK NO LATER THAN SIXTY (60)DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOUWILL NOT BE ENTITLED TO ANY REMAINING FUNDS.

IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESEFUNDS YOURSELF. YOU ARE NOT REQUIRED TO HAVE ALAWYER OR ANY OTHER REPRESENTATION AND YOU DONOT HAVE TO ASSIGN YOUR RIGHTS TO ANYONE ELSE INORDER FOR YOU TO CLAIM ANY MONEY TO WHICH YOU AREENTITLED. PLEASE CHECK WITH THE CLERK OF THE COURT,140 WEST FLAGLER STREET, ROOM 908, MIAMI, FLORIDA,PHONE NUMBER: 305-373-5943, WITHIN TEN (10) DAYS AFTERTHE SALE TO SEE IF THERE IS ADDITIONAL MONEY FROMTHE FORECLOSURE SALE THAT THE CLERK HAS IN THEREGISTRY OF THE COURT.

IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TOHELP YOU CLAIM THE ADDITIONAL MONEY, YOU SHOULDREAD VERY CAREFULLY ALL PAPERS YOU ARE REQUIREDTO SIGN, ASK SOMEONE ELSE, PREFERABLY AN ATTORNEYWHO IS NOT RELATED TO THE PERSON OFFERING TO HELPYOU, TO MAKE SURE THAT YOU UNDERSTAND WHAT YOUARE SIGNING AND THAT YOU ARE NOT TRANSFERRINGYOUR PROPERTY OR THE EQUITY IN YOUR PROPERTYWITHOUT THE PROPER INFORMATION. IF YOU CANNOTAFFORD TO PAY AN ATTORNEY, YOU MAY CONTACT THELEGAL AID SOCIETY AT THE DADE COUNTY BARASSOCIATION, 123 N.W. FIRST AVENUE, SUITE 214, MIAMI,FLORIDA, TO SEE IF YOU QUALIFY FINANCIALLY FOR THEIRSERVICES. IF THEY CANNOT ASSIST YOU, THEY MAY BEABLE TO REFER YOU TO A LOCAL BAR REFERRAL AGENCYOR SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO CONTACTLEGAL AID SOCIETY AT THE DADE COUNTY BARASSOCIATION, (305) 579-5933, TO SEE IF YOU QUALIFYFINANCIALLY FOR THEIR SERVICES. IF THEY CANNOT

{22841719;2}

ASSIST YOU, THEY MAY BE ABLE TO REFER YOU TO A LOCALBAR REFERRAL AGENCY OR SUGGEST OTHER OPTIONS.

IF YOU CHOOSE TO CONTACT LEGAL AID SOCIETY AT THEDADE COUNTY BAS ASSOCIATION, (305) 579-5933, FORASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLEAFTER RECEIPT OF THIS NOTICE.

DONE AND ORDERED in Chambers at Miami-Dade County, Florida this_ day of

JAN20 2012 ,2012.

Circuit JudYUDGE RONALD C. DRESMCg

Copies furnished to:Mark I. Raschess, Esq., Akerman Senterfitt, P.A., 1 SE 3'd Ave, 25'h Flr, Miami, FL 33131Horacio R. Sequeira and Gloria E. Guardado, 6351 West 16th Avenue, Hialeah, FL 33012

{22841719;2) .

IN THE CIRCUIT COURT OF THE 11THJUDICIAL CIRCUIT IN AND FORMIAMI-DADE COUNTY, FLORIDA

CASE NO.: 09-74869 CA 05

AMERICAN HOME MORTGAGESERVICING, INC.,

Plaintiff,

vs.

HORACIO R. SEQUEIRA AND GLORIAF. GUARDADO, et al.,

Defendants./

AGREED ORDER GRANTING MOTION TO CANCEL FEBRUARY 24,2012FORECLOSURE SALE AND STAY PROCEEDINGS PENDING APPEAL

This cause came before the court on plaintiffs motion to cancel the February 24, 2012

foreclosure sale and stay further proceedings pending the outcome of defendants' appeal. The

court, having reviewed the motion, being advised that the parties are in agreement hereto and

being otherwise fully advised in the premises, it is hereby:

ORDERED AND ADJUDGED:

1. Plaintiffs motion is GRANTED. The Clerk of Court is hereby directed to cancel the

foreclosure sale scheduled for February 24, 2012.

2. Further proceedings in this case are stayed pending the outcome of the defendants'

appeal of the January 20, 2012 final judgment of foreclosure and January 31, 2012 denial of their

motion for reconsideration, or further order of this court.

{23523074. I }

CASE NO.: 09-74869 CA 05

Done and Ordered in Chambers in Miami-Dade County, Florida on this ___ day of

, 2012.

Confoopy

Circuit Court Judgearc s

Copies furnished: Coon acheMark I. Raschess, Esq.Horacio SequeiraMiami-Dade County Circuit Court Clerk

{23523074;1}

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This affidavit, by Sean R. McLaughlin, explains that on Friday,June 11, 2010, he was presented by Counsel, Mia Martin a copy ofa NOTE dated June 30, 2006 regarding a property located at 6351W. 16°' Ave., Hialesh, Florida and a copy ofan Assignment ofMortgage affecting the same property and that such copy has notbeen authenticated by the Secretary of State of Florida. Mr.McLaughlin further explains that he never saw the original Notenor the original Assignment of the copies of the documentsformerly stated.

THE AFFIANT.

My name is Sean R. McLaughlin, I am over 21 years of age, of sound mind, and Ihave personal knowledge of the facts stated below. I currently reside in the state ofFlorida.

On Friday, June 11, 2010 I attended a scheduled mee at the law offices ofattorneyMia Martin located at One Southeast Third Avenue 25 floor, Miami, Florida 33131-1714. I attended this meeting with Mr. Horacio R. Sequeira. The purpose of the meetingwas that counsel Mia Martin was to show the original ofa document purported to be aNote and original of a document purported to be a Mortgage. Also, counsel Mia Martinwas to present to Mr. Sequeira and I at this meeting other documents that were requestedin a Request for Interrogatories and Production ofDocuments and Things, to show proofofendorsements and assignments. I attended the above described meeting in the capacityofan independent witness.

I declare and testify under oath that the attorney Mia Martin did not show Mr. Sequeira orI the original of any Note whatsoever at the scheduled meeting.

I declare and testify under oath that counsel Mia Martin did not show Mr. Sequeira or Ithe original ofany assignments at the scheduled meeting.

I declare and testify under oath counsel Mia Martin did not show Mr. Sequeira or Iendorsements or other documents besides a copy of a Note and a copy ofan assignment.

I declare and testify under oath that the document purported to be a certified copy of aNOTE consisted ofthree pages.

I declare and testify under oath that I observed the following particularities on thedocument that was shown to Mr. Sequeira and I by counsel Mia Martin and that shestated to be the original ofthe note that was signed by Mr. Sequeira.1. On the right hand side corner ofpage 1 of the copy ofa Note, it read: "THIS ISCERTIFIED T BE A TRUE AND CORRECT COPY OF THE ORIGINALand under it By: . Here it does

I declare and testify under oath that I observed that there was neither a signature nor dateor name ofa person certifying that the document purported to be a Note was a true andcorrect copy.

2. I declare and testify under oath that the certification appearing on the right hand sidecorner ofa document purported to be a Note was not acknowledged and was notnotarized.

I declare and testify under oath that page three ofthe document purported to be a copy ofthe note shown by counsel Mia Martin to Mr. Sequeira and I, it reads:

"PAY TO THE ORDER OF (BLANK) WITHOUT RECOURSEBY: AMERICAN BROKERS CONDUIT SIGNED B DANIELLESTERLING, ASST. SECRETARY."

I declare and testify under oath that the document presented to Mr. Sequeim and I bycounsel Mia Martin and purported to be a copy ofa NOTE does not state to whom apayment was being made.

I declare and testify under oath that I witnessed that a copy ofa document identified as:"ASSIGNMENT OF MORTGAGE" was not acknowledged and was not authenticated bya notary from Florida.

I declare and testify under oath that that I witnessed that a copy of the documentidentified as ASSIGNMENT OF MORTGAGE was recorded according to what it readson the seal appearing on the right hand side page, on October 19, 2009.

Dated:Sidnac&e f 'ng witness ,Printed Name: fAH Mct ++H<·<-'Address: 4 ft l~ Jt< ptocity, same, zip: tod, c 14 PL 37&dTwephone%=nber W+ r s'- 1'? 6

STATE OF FLORIDfCOUNTY OF 54N

Sworn to or affinned and signed before

PUBLIC

[Prira, type, connissioned nane dnowy.]

1 Personally knownProduced identification

- Type of idenuncadon inudneed

O/I Typé Cade.No.City of Hialeah Police Department .^

Offense / Incident Report SUPP. Noe (

lOA TTtE , gay D p r Arr rpy

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Fgm D From me: T6 Date To T n Flor da State Statute No . S

LOC T P5 ADDRESS OF N DENT / BU AME:

.. / C /

VC NAME LAS RS INT) A D O B TH

A CJKES U P T US

C TY Z WORK PHONE: INFO

v NAME ( T FIRST INT) , RACE: SEX DATE OF BIRTH:

ADD P N) B : PE: STATUS: REL.

CITY T ZI O ( WORK PHONE: INFO:

SUSPECT / ARRESTEE (LAST FIRST, INT. : NICKNAME: RACE: SEX: DATE OF BIRTH:

ADDRESS: PHONE: HGT: WGT: EYES HAIR:

CITY STATE ZIP CODE HONE: INFO:

O

PERS. STAT. DAMG. PROP. VALUE DATE REC. SERIAL #CODE CODE CODE TYPE

DESCRIPTION:

L

PERS. STAT. DAMG. PROP. VALUECODE CODE CODE TYPE

YEAR MAKE MODELoIM

DECAL # TOWED BY

DATE REC. VIN #

CO BODY TYPE VEHICLE TAG YEAR TE

MESSAGE CENTER OPERATOR - FCIC/NCIC

RATIV

n Wc u ( 1 %

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VERIFICATION OF EMPLOYMENT

Borrower: ___ Loan #

Employer: O Phone#:

Borrowers Position C

Verified By: L hu2 Title of Verifier:

Source of employer Phone #:

Directory Assistance Internet Other (Specify)

Currently Employed: Yes No Date of Hire: 2000 ,

Self Employed: ____ Yes No

VERIFICATION OF EMPLOYMENT

Borrower:

Employer: / Phone#:

Borrowers Position:

Verified By: itle of Verifier:

Source of employer Phone #:

Directory Assistance Intern t Other (Specify)

Currently Employed: Yes No Date of e:

Self Employed: Yes o

My signature represents certification that the information obtained herein is true and correctand all the information was obtained by myself.

Signature: Date: 2

Print Name C Title: Closing Coordinator

American Brokers Conduit Phone: 407-661-5701 ext: 143 orFax #: 1-866-592-7856 1-866-236-0367 ext: 143

AHMS - 0412

ISCLOSURE NOTICESŸ

Applicant(s): Property Address:

HORACIO RAMONSEQUEIRA 6361W16 AVE

Hialeah, FL 33912

AFFIDAVIT OF OCCUPANCY

Applicant(s) hereby certily and acknowledge that, upon taking title to the reat property described above, their occupancystatus will be as follows:

Primary Residence - Docupied by Applicant(s) within 30 days of closing.

Secondary Residence - To be occupied by Applicant(s) at teast 15 days yeady, as second home (vacation, etct),whlia maintaining principal residence elsewhere. (Please check this box if you plan to establish it as your primaryresidence at a future date (e.g., retirement)).

Investment Property - Not owneroccupied. Purchased as an investment to be held or rented.

The Applicant(s) adtnowledge it is a federal crime punishable by fine or imprisonment, or both, to kncwingly make any falsealatement concomi g this loan application as applicable under the provisions of Title 18, United States Code, Section 1014.

APPLICANT St CO-APPLICANT SIGNATURE

ANTI-COERCION STATEMENT

The insurance laws of this state provide that the lender may not require the applicant to take insurance through anyparticutar insurance agent or company to protect the mortgaged property. The applicant, subjeded to the rules adopted bythe Insurance Commissioner, has the right to have the insurance placed with an insurance agent or company of his choice,provided the company meets the requirement of the lender. The lender has the right to designate reasonable financialrequirements as to the company and the adequacy of the coverage.I have read the foregoing statement, or the rules of the Insurance Commissioner relative hereto, and understand my right6and privileges and those of the lander relative to the placing of auch lasurance.I have selected the folowing eDencies to write the insurance covering the property described above:

Insurance Company Narna Agent

Age Agent's Telephone Number

AP SaG!ÈTU CO.APPLICANT SIGNATURE

FAIR CREDIT REPORTING ACTAn Investigation will be made as to the credit standing of all individuals seeking credit in this appEcation. The nature and scopeof any investigation will be fumiShed t0 you upon written request made within a reasonable period of time. In the event of creditdenlal due to en unfavorable consumer report, you will be advised of the identity of the Consumer Reporting Agency rnaking suchreport and of your right to request within sbdy (BO) days the reason for the adverse action, pursuant to provisions of section 6tS(b)of the Fair Credit eporting Act.

APP SIG CO-APPLICANT SIGNATURE

FHA LOANS ONLYIF YOU PREPAY YOUR LOAN ON OTHER THAN THE REGULAR INSTALLMENT DATE, YOU MAY BE ASSESSED INTERESTCHARGES UNTIL THE END OF T T MONTH.

GOVERNME OA

RIGHT TO FINANCIAL PRIVACY ACT OF 1978 - This to you as requr Right to Financial Privacy Act of 1978 that theDepartmentofHousing and Urban Developme strnentofVeterans Affairs has a rig ss to financial records held by a financialinstitution in connection with the consi era on of adm'aiistration of assistance to you. Financlal involving your transaction wiR beavailable to the Departmentpf.l;iousi and Urban Development or Department of Veterans Affairs without rther notice or authorization butwit not be dsclosed or released to another Govemment agency or Department without your consent except as required or permitted by law.

APPLICANT SIGNATURE Co.APPLICANT SIGNATURE

alyx Form - dLanot.fra (9/983

AHMS-0222

PATRIOT ACTINFORMATION DISCLOSURE

Applicant Name HoRActQ RWQN§§QgipRA

Co-Applicant Name

Present Address eso w M sT $ 115E, Hialeah, FL 33014

Mailing Address eso w 74 sT # 115E, Hialeah, FL 330t4

To help the govemment fight the funding of terrorism and money laundering activities, Federal law requires all financialinstitutions to obtain, verify, and record information that identifies each person who opens an account.

What this rneans for you: When you open an account, we will ask for your name, address, date of birth, and otherinforrnation that will allow us to identify you. We may also ask to see your driver's license or other identifying documents.

l/we acknowledge that 1/we received a copy of this disclosure.

Applicant Date

Applicant Date

calyx Form patrictinlo.hm D404

AHMS - 0474

flOTICE OF SPECIAL FLOOD HAZARDSAND AVAILABILITYOF PEDERAL DESA6TER BMKF A$$ISTANÇg

pga mma ts, 2eoseerrower'sNams(s) EORActo RANON REQUEIRA

990 W 74 87 9 22SE, Rialeah. FL 33014

Freinty, £3ng 2s AVE, Rialash, Pt. 33012

Lud# american arokers Cbnduit338 aronAhM1a r acadMalville, 15T 11747

We are givig you eis nelice to irdbne yes 1hat:The banding a mobile_ home seeming 1ho icon for whleh yee have appned is er wnl he loomind in as area wla

egeGlut (Iced llegar4.

Das ares bat bene Identilled by es Director of $h Federal Ersaracee Manonernest Agency (FEMA) as aspeclui flood hazard sue wing mits Alsad taurance Kate Afgp or er 17ood IImand fasadery My thr ibe fellewisscamammity: llIALBABe CITY QF . Thh aret bm> st lean a eRe pcreet (l%) chases af a flood equalto er esteeKag 90 bus flged elegelin (s 10lhaft Sood) b mW ghamo yur: Dwlsig en lia et a 30gser eerspigelom% the Tlsk efa IIXiguE Üood in a specimi lland hmzurd su is 2d psicant DS6%

Fadcsal law allows a heder and barrower jeially b sqlest $a Dimeter of FEMA e review to detenninaEen ofwhether &s prepef$y secerly &o loan Is located b a specist flood hasard area. If you wedd like In mais such aregeNI, please sentact w for seither la91restica.

E The eunsmrAr k which the ymporty escaring as ican is located participates in de Naticani FloodInaisenae Progree (NFIP). Federal law willmot euew m to maho you és loss ther yon have applied er ifyou do notpurshass flood ignaance. Tbt ileod insurance unust be maiNaincd far the lie of the losin. Ifyou all to purchase errenew fload Insemame as the property, Federal law mulherlams and requinis us to purchase the flood immrama éryount your caipesse.

eFlood lassanse coverap under at NVIP tamy te porchased areggh si Insurance ugsIE who will abininen policy einbar dractly through as NFIP or Giroølø e inswancs cearenrer that participsies la th±NF7. Ftono immunce ateo negr be ovatimbe hun private (nswurs est do na psilcipate la em14F7.

•Ata espløm flood inswanoa puebased inun camr the lesse oe(Q the cdriandhig prlaciput balatsis of she Roma; et(2) the maminnan amont of coverage allowell (W 1hs type of property under the NPIP.Flood Insumnos cowsmas under the NFP h limbed to the overuB nlum of the propecty secarlR5 1hs JenaMÚRm ths ¶>mlas ofthe land on which 1hs ¡Impet17 Is locattid.

#Padural Seestar v=lief assistumme (usemlly I5 lbs fgna of a lynn.jplaquet leen) gray be sie|tabte fordamassa interred in csosa of yes Sogd bsmance if your consowity's particlpaika la the NFIP is ismoeordance wiih Np1P requiremens.

Flued Irisugance eonerage ander the NFIP is ses available for the property seentrieß tile loas i sevse theca...m.ay i. .hië as ,..,c,iy is 3.cmed d.. .« panicipe. i. es NFIF. In addm if ee non.panidperugsouimppity lang times Idmil6cd tbr ut lomst cas year a comminhg a sycçial llood beamød mmm, propertiss locsind kGo commanby will not be eligible for Feckral disaster relief assistance in ihe evem of a Fe&rmily-declared flood450sier.

MEnongeggment tryEerrowerflerIUmmE(s) agrees to fmuish, at Bantwurs expense, mas seenpalls sepf of(t) appnesdun 2r ilead insurarton and(2) recoIjn af prCHdan paid mutinffing 140dtt's it$ÙesR€ida 40 er icfgre closing of tlie disse rcierenced _ Igen andmainisinsmhcommmmun a emioma h paid In en nati»ry efihne nmime ts hombr acha-rhamud.

HORACID RANDE SEQUEIR1

prørgaude 5fgumme Dale Garews/s3igslurs tisse

(.cadiir's Eipelare

ISM asse- Arsendedes7

AHMS - 0221

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AHMS - 0413

YE8 SEC NQ TC3Ü 11L

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I cuiW r - --viiutNaa~ttso.d uts.µ pueERN. M TM 442.00 4862.00

0000NTM 193.1$ 2124.45 •MiiDICMETM 45.21 496.51

NINSPAY 3115.38 34259.18IETPAT 2435.06 267&&.65

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AHMS - 0390