FINANCE OF AMERICA REVERSE LLC -VS- OCTAVIOUS HAYES

4. On or about June 19, 2024 , LAWRENCE EDWIN JONES A/K/A LAWRENCE JONES A/K/A LAWRENCE E. JONES died, and the subject property is not the principal residence of any surviving borrower.

5. Plaintiff declares the full amount to be due and payable pursuant to the note and mortgage.

6. The property is now owned by Defendant(s), OCTAVIOUS HAYES.

7. Plaintiff is due at least $88,963.44 in principal, plus future advances.

8. All conditions precedent to the acceleration of the note and foreclosure of the mortgage have occurred or have been performed, waived or excused.

9. Plaintiff has retained the law firm of Robertson, Anschutz, Schneid, Crane & Partners, PLLC, to represent them in this action and has agreed to pay them a reasonable fee and costs for their services.

10. The interests of each Defendant named herein are subject, subordinate, and inferior to the right, title, interest, and lien of Plaintiff's Mortgage.

11. Any interest in the property inuring to the Defendant, UNITED STATES OF AMERICA, ACTING ON BEHALF OF THE FEDERAL HOUSING COMMISSIONER, is subordinate and inferior to the lien of Plaintiff's mortgage, including, but not limited to, ADJUSTABLE RATE HOME EQUITY CONVERSION SECOND MORTGAGE recorded March 28, 2022 , in Official Records Book , at Page 1141 , of the Public Records of Seminole County, Florida. A copy is attached hereto as Exhibit "B."

12. Any interest in the property inuring to the Defendant, DAVID SWAY, is subordinate and inferior to the lien of Plaintiff's mortgage, including, but not limited to, JUDGMENT recorded June 21, 2016 , in Official Records Book 8711 , at Page 1480 , of the Public Records of Seminole

County, Florida and AFFIDAVIT OF JUDGMENT CREDITOR recorded June 21, 2016 , in Official Records Book 8711 , at Page 1483 , of the Public Records of Seminole County, Florida.

13. Any interest in the property inuring to the Defendant, DEBBIE SWAY, is subordinate and inferior to the lien of Plaintiff's mortgage, including, but not limited to, JUDGMENT recorded June 21, 2016 , in Official Records Book 8711 , at Page 1484 , of the Public Records of Seminole County, Florida, and AFFIDAVIT OF JUDGMENT CREDITOR recorded June 21, 2016 , in Official Records Book 8711 , at Page 1487 , of the Public Records of Seminole County, Florida.

14. Defendant, UNKNOWN SPOUSE OF OCTAVIOUS HAYES, may claim some right, title, or interest in the property herein sought to be foreclosed by virtue of homestead rights, possession or some other unknown interest, the exact nature of which is unknown to Plaintiff and not a matter of public record. However, said interest, if any, is subordinate, junior, and inferior to the lien of Plaintiffs mortgage.

WHEREFORE, Plaintiff, FINANCE OF AMERICA REVERSE LLC, prays:

a) This Court take jurisdiction of this cause, the subject matter and the parties hereto;

b) The court determine the amounts due to Plaintiff from Defendants and that such amounts be declared a lien upon the subject property;

c) The Court enter a judgment foreclosing the mortgage lien, and, upon the Defendants' failure to pay the amounts due to Plaintiff by a date certain, that this Court order that said real property be sold in accordance with the law and practice of this Court SO that Plaintiff's mortgage lien is satisfied;

d) The Court determine that the Plaintiff's interest is superior to the rights, title and interests of the Defendants named herein or any other person or party claiming by or through or