HomeMy WebLinkAboutHenry Buller and Washington Mutual Bank
Augusta Richmond GA
DOCUMENT NAME: ~ l!:' IV (? '1 'i) \) L-U:.R. II^' a LUA$" \ I\l ~ 1fl~ )'Ylll1i ~.4L BANR.
DOCUMENT TYPE: A 0j Q~ f. ff) eoJ T
YEAR: :;<'D (j ~
BOX NUMBER: 1 (p
FILE NUMBER: IlP 3' Lf
NUMBER OF PAGES: LI
SUBORDINATION AGREEMENT
This SUBORD~ION AGREEMENT (the "Agreement"), made and entered into this
~i:jv day of 6 Clo, , 2002, by and between Henry Buller, , ("Borrower"),
Washington Mutual Bank, FA ("Washington Mutual"), and the subordinating party, Housing and
Neighborhood Development Department, (the "Creditor"), WITNESSETH:
WHEREAS, Creditor is holder of a mortgage on property located at 2921 Shelby Drive, (the
"Premises") from Borrower to Creditor in the amount of $18,405 dated 02/14/2002,recorded
02/25/2002 and recorded in Volume 776, Page1368, in Richmond County Records, (the "Subordinated
Mortgage"); and Modification Agreement recorded OS/22/2002 and recorded in Volume 790 Page
1425 in Richmond County Records.
WHEREAS, a new mortgage has now been or will be executed by the Borrower whereby
Washington Mutual is holder of a mortgage on the Premises from Borrower to Washington Mutual
dated , in the principal amount not to exceed $37,000 (the "New Mortgage")
WHEREAS, Creditor intends by this Agreement to waive the priority of the lien on the
Subordinated Mortgage in favor of the New Mortgage;
NOW THEREFORE, in consideration of the sum of One Dollar cash in hand paid to the
Creditor, the receipt of which is hereby acknowledged, the Creditor expressly: (I) waives the priority
ofthe Subordinated Mortgage and (II) subordinates all rights, titles, or interest under the Subordinated
Mortgage to the lien ofthe New Mortgage to the same extent as if the New Mortgage had been
executed and recorded before the execution and recording of the Subordinated Mortgage.
IN WITNESS WHEREOF, the said has caused its corporate seal to be hereto affixed and
these presents to be signed in its name and behalf by of , this
day of , 2002.
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By:
Mfjrt
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,2002
Dated
County of11t..1ftrl0/'(j) }SS:
~fore me the undersigned, a Notary PUblic~nd said County and State on this & tf-(,; day
of lt5T' ' 2002, personally appeared ~ ft[JU ff~ , to me known to be the
identical person who subscribed the name ofthe maker ther of to the foregoing instrument as its
~~dJL.. President and acknowledged to me that 'f:Je- executed the same as his free
and vol ntaryact and deed and as the free and voluntary act and deed of such corporation, for the uses
and purposes therein set forth.
Given under my hand and seal of office the day and year last above written.
My Commission expires
NaIIry ~ Alchmond oeUi'llYl ~ElQrg!iI
My 00mmIIeI0n Eaplree Jon, ~I MS'
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Service Link, agent for American Pioneer Title Insurance Company
Commitment No:645814 - 1
Schedule A
1. Commitment Effective Date: 06/03/2002
2. Policy (or Policies) to be issued:
(a) Owner's Policy (AL TA Owners Policy (10/17/92))
(b) Loan Policy (AL T A Loan Policy (10/17/92))
Proposed Insured: Washington Mutual Bank, FA, its successors and/or
assigns as their interest may appear
Amount
$0.00
$36,000.00
3. Fee Simple interest in the land described in this Commitment is owned, at the
Commitment Date, by:
Vincent Hollander and Henry Buller, as Joint Tenants with Right of Survivorship
4. The land referred to in this Commitment is described as follows:
See Exhibit A attached hereto and made a part hereof
Tax 10: 109-1-085-00-0
Service Link, agent for American Pioneer Title Insurance Company
Alia Commitment
Schedule A (10/17/82)
Valid only if Schedule B and Cover
are allached
645814 - 1
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Service Link, agent for American Pioneer Tille Insurance Company
Commitment No: 645814 - 1
Schedule B - Section I
Requirements
1. Documents satisfactory to Service Link, creating the estate or interest to be insured
must be executed and duly filed for record.
2. Payment to or for the account of the grantors or mortgagors of the full consideration
for the estate or interest, mortgage or lien to be issued.
3. Furnish proof of payment of all bills for labor and material furnished or to be furnished
in connection with improvements erected or to be erected.
4. Service Link requires the payment of all taxes and assessments and any penalties
and interest, due and payable at closing.
5. Properly drafted and executed owner's affidavit from Vincent Hollander and Henry
Buller.
6. Service Link must be notified of all parties being added to title, prior to the loan
closing. A judgment search must be completed for any parties being added to tille.
Service Link reserves the right to add additional requirements and/or exceptions as
may be deemed necessary, upon review of the judgment search.
7. Record instruments conveying or encumbering the estate or interest to be insured,
briefly described:
Properly drafted and executed Security Deed from Vincent Hollander and Henry
Buller, to Washington Mutual Bank, FA, securing a lien in the amount of $36,000.00.
ANY DEED PREPARED IN CONNECTION WITH THIS TRANSACTION MUST
INCLUDE THE RELATIONSHIP OF GRANTOR AND GRANTEE IN ORDER TO
DETERMINE THE APPLICABILITY OF TRANSFER TAXES, IF ANY.
8. If Vincent Hollander is deceased or will not be signing the new mortgage/deed of
trust, please call Service Link prior to closing of the new loan. Title may be
re-searched and additional requirements and/or exceptions may be added to the
Commitment to insure, as may be deemed necessary.
9. Payoff of Security Deed Dated 06/11/1997, Recorded 06/19/1997 in the office of the
Recorder of Richmond County, Georgia, in Book 561 Page 3, executed by Vincent
Hollander and Henry Buller to First Choice Mortgage, Inc., which states that it
secured a debt in the principal sum of $29,850.00. Assigned to Homeside Lending,
Inc. as set forth in Book 584 Page 2288, recorded 2/9/98, Richmond County Records.
10. Payoff of Security Deed Dated 02114/2002, Recorded 02/25/2002 in the office of the
Recorder of Richmond County, Georgia, in Book 776 Page 1368, executed by
Vincent Hollander and Henry Buller to Housing & Neighborhood Development
Department, which states that it secured a debt in the principal sum of $18,405.00.
Modification Agreement as set forth in Book 790 Page 1425, recorded 5/22102,
Richmond County Records. ..-.-.--'- ..--...----'
Alia Commitment
Schedule B - Section I (10/6/82)
645814 - 1
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Commitment No: 645814 - 1
Schedule B - Section II
Exceptions
Schedule B of the policy or policies to be issued will contain exceptions to the following
matters unless the same are disposed of to the satisfaction of the company:
1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first
appearing in the public records or attaching subsequent to the effective date hereof
but prior to the date the proposed insured acquires for value of record the estate or
interest or mortgage thereon covered by this report.
2. Any taxes or assessments, not yet due or payable.
3. Any discrepancies, conflicts, or shortages in area or boundary lines, or any
encroachments or any overlapping improvements or other boundary or location
disputes (can be eliminated or amended in mortgagee's policy upon proper evidence
being furnished).
4. Rights or claims of parties in possession, and not of record in the public records, or
right to a lien, for services, labor or material heretofore or hereafter furnished.
NOTE: Upon receipt of a satisfactory Affidavit of Agreement this exception will be
deleted.
5. Restrictive covenants affecting the property described in Schedule A.
6. Any roadway or easement, similar or dissimilar, on or under, over or across said
property, or any part thereof and not of record in said records.
7. Any title or rights asserted by anyone, including but not limited to persons,
corporations, governments, or other entities, to tidelands, or land comprising the
shores or bottoms or navigable rivers, lakes, bays, ocean or gulf, or lands beyond
the line of the harbor or bulkhead lines as established or changed by the United
States government or riparian rights, if any.
8. 2001 County Taxes are Paid in the amount of $28.11. Taxes accruing in the current
year. Tax 10 109-1-085-00-0. NOTE: CONTACT LOCAL TAX AUTHORITIES FOR
EXACT AMOUNTS DUE, PRIOR TO LOAN CLOSING.
9. Subject to Security Deed Dated 06/11/1997, Recorded 06/19/1997 in the office of
the Recorder of Richmond County, Georgia, in Book 561 Page 3, executed by
Vincent Hollander and Henry Buller to First Choice Mortgage, Inc., which states that
it secured a debt in the principal sum of $29,850.00. Assigned to Homeside
Lending, Inc. as set forth in Book 584 Page 2288, recorded 2/9/98, Richmond
County Records.
10. Subject to Security Deed Dated 02/14/2002, Recorded 02/25/2002 in the office of
the Recorder of Richmond County, Georgia, in Book 776 Page 1368, executed by
Vincent Hollander and Henry Buller to Housing & Neighborhood Development
Department, which states that it secured a debt in the principal sum of $18,405.00.
Modification Agreement as set forth in Book 790 Page 1425, recorded 5/22/02,
Richmond County Records.
Alia Commilmenl
Schedule 8 - Section II (10/6/82)
645814 - 1
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Service Link, agent for American Pioneer Title Insurance Company
Commitment No: 645814 - 1
Schedule B - Section II
Exceptions
11. The laws of Georgia prohibit insurers from unfairly discriminating against any person
based upon his or her status as a victim of family violence.
Alta Commitment
Schedule B - Section II (10/6/82)
645814 - 1
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Exhibit "A"
Legal Description
All that certain parcel of land situated in the 123rd District G.M. of the County of Richmond,
State of Georgia, being known and designated as being located on the West side of Shelby
Drive in a certain subdivision known as Richmond Hills and being more particularly shown
and designated as Lot 20, Block 0 upon a certain plat of said subdivision made by C.
Eugene Towell, Registered Professional Engineer, recorded in the Office of the Clerk of the
Superior Court of Richmond County, Georgia, in Realty Book 19 N, at Page 232, and
specific reference is hereby made to said plat for a more complete and accurate description
as to metes, bounds, and location of said property.
Tax 10: 109-1-085-00-0
645814 - 1
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Exhibit "A"
Legal Description
All that certain parcel of land situated in the 123rd District G.M. of the County of Richmond,
State of Georgia, being known and designated as being located on the West side of Shelby
Drive in a certain subdivision known as Richmond Hills and being more particularly shown
and designated as Lot 20, Block D upon a certain plat of said subdivision made by C.
Eugene Towell, Registered Professional Engineer. recorded in the Office of the Clerk of the
Superior Court of Richmond County, Georgia, in Realty Book 19 N, at Page 232, and
specific reference is hereby made to said plat for a more complete and accurate description
as to metes, bounds, and location of said property.
Tax 10: 109-1-085-00-0
645814 - 1
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SUMMARY OF YOUR INFORMATION
This is a summary of the morlgage loan information you recently gave us. Please carefully review the summarized information below.
!fyou find any discrepancy with the information that you gave us originally, please make the required corrections below, If you have
any questions, please call us at (888) 444-4404 to speak with your loan consultant. Please be sure to sign the last
Ilage of this summary and return the original in the envelope provided.
Mortgage Applied For:
Product Type: FIXED
(X )
Tenn:
CONV
360
YOURNEW MoIttGACELOAN TERMSJ"
, .' ' " ,,"'" -. l
Lender Case Number: 4991388
Loan Amount: $36,000.00 Interest Rale: 7.000% Points:
2.349%
Subject Property Address
Street
City AUGUSTA State
Type of Home: SINGLE FAMILY D Purpose of Loan:
Monthly Homeowner Association Fees:
Purchase Price:
Cash Deposit on ConlracLlSales Agreement:
Desired Closing/Settlement Date: JULY 4, 2002
If this is a rclinance loan
Amount of Existing Liens: $ 3 2 , 215 . 81
Amount of Cash-Out to be received at Closing: $906.80
.. ". ;:;~1. .ABOUrr"'THE.:'iIOME:,:
. '" . . ".. '....-' "d' - I ".-,', _'1;'" '-.1' . .',,'.',. '. .' ~: '
2921 SHELBY DRIVE
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GA
County RICHMOND
Home Use: PRIM
Unit Number [If Condo]
Zip 30906
Down Payment Amount:
Closing Costs Paid By Seller/Other Credits:
Estimated Market Value:
'::,'~qY.:R:'I~9}:':<:, ..'
Co-Borrower
Generation: (Jr, Sr, etc) First: Middle:
. ':,:,'"
Bon'ower
First: Middle: Last:
HENRY BULLER
Social Security Number
471-26-8874
Citizenship: U. S. CITI ZEN
Day Phone (inc!. Area Code)
Last:
Generation: (Jr, Sr, etc)
Age
Social Security Number
Age
Fux Number (ine!. Area Code)
Evening Phone (inc!. Area Code)
(706) 560-1389
Email Address
Citizenship:
Day Phone (inc!. Area Code)
Evening Phone (inc!. Area Code)
Fax Number (inc!. Area Code)
Email Address
( ) Married
(X ) Unmarried (includes single, divorced, widowed)
( ) Separated
) Married
) Unmarried (includes single, divorced, widowed)
) Separated
Present Address
Street Address: 2921 SHELBY DR,
City: AUGUSTA State: GA Zip: 30906
(X ) Own ( ) Rent _No. Yrs.
Will occupy subject property as primary residence: (X ) Yes ( ) No
Present Address
Street Address:
City: State: Zip:
( ) Own ( ) Rent _ No, Yrs,
Will occupy subject property as primary residence: ( ) Yes ( ) No
. . . ..' ;~~". . ,:' l I :);.'::',:.;.." ~::~(~~r';:;' ~~,\:jt':;:;:i:':'~~;;,f:~:]J;'~:':J'~:~PVi~~XgJjg~:lN.~gM~I~"::;f~~J,c;~;~:~:i:!~~~~;!~!;'::;:!::i~;::;~;: ~~::;~i~~,::~~J~~~t;ji,!~;<::i~1::~:~t\)i;.('~:!;t' :<i ,: ~:'.! .' .
IMPORTANT NOTICE: AlimollY, cllild slIpport, alld separate mailltellallce illcome IIeed IIot be revealed if Borrower or Co-Borrower does
II0t clloose to IIave slIcll illcome cOllSidered as a basu'for repayillg tile loan
Borrower Co-Borrower
Self Employed: ( ) Yes ( X ) No Self Employed: ( ) Yes ( ) No
SOCIAL SECURITY $411. 00 (Monthly) (Monthly)
SOCIAL SECURITY $154.00
Totul MonUlly Income
$565.00
Total MonUlly Income
Borrower
CHECKING/SAVINGS
...., ."':::':<;ABOUT-YO,(JR:iASSETS',.
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Co-Borrower
,'.':'
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$374.00
Total Assets
$374.00
Total Assets
.'J". 'AR' OU' T"Y'O.' U' R"'RE'A"L' ':E' 'STA"T' 'E' 'L'lAB"IL:'I'T'" IE" 'Si'<"':;:':'~'. ",r~:.,';
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The credit histories of all borrowers contain the following real estate loans (i,e" first mortgages, second mortgages and equity lines of credit):
Uability # Date
Opened
1 08/01/1997
Monthly
Payment*
$274.00
Current
Balance
$28,670.00
Subject
Property
YES
Primary
Residence
YES
Property
Status'
RETAINED
Paid aUor prior
10 closing
YES
Online Documcnts, Inc.
Page 1 of 2
L5t930PP 0110
LOAN # I 4991388
. . .., .:' , . . .." OTHEk ~IABILI'iTES : . .'. .'
III additioll to your real estate liabilities. the followillg other types of liabilities (credit cards. installment loans, etc) exist:
HIe
B1
Bl *
Name
SOUTHTRST BC
CITIFINANCIA
Accuunt #
4606001007139031
6071056212192054
Monthly Payment Amount
$24.00
$99.00
Unpaid Balance
$1,175.00
$3,333.00
Borrower
Alimony/Child SupportlScparate Maintenance
Co-Borrower
Alimony/Child SupportlSeparate Maintenance
(Monthly) (Monthly)
(KEY: B=Borrower, C=Co-Borrower, *=/iabilities which will be satisfied upon sale of real estate oWlled or upon refinancing of the subject property)
'. ".j, ,:" 1'i.,>.::i.'i;'!;':':'::;;':'!At::*NOWLEDGEME~'T:rA:ND ~GREEME~T".
By signing below, I acknowledge and agree to 'the foliow{~g: " ,',,,,,", . . . . '
(l) I am applying for the loan described above, to be secured by a first mortgage or deed of trust on the property described above.
I represent that the property will not be used for any illegal or restricted purpose.
(2) All information 1 have provided above is truc, correct, and complete to the best of my knowledge, does not contain or omit any
material information, and is providcd for thc purpose of obtaining the loan describcd abovc.
(3) I agrce to change and supplement the information I have provided above if any such information changes before the loan closing.
(4) I agree that the lender may verify all information above from any source named above, check my credit, employment and other
rcferences, obtain credit reports about me from credit reporting agencies, and answer questions about lender's crcdit experience with
me. I also agree that the lender may ask me for additional information supplementing the information above, before deciding whether
I qualify for any loan.
(5) Lender will retain the original or a copy of this application whether or not it is approved and whether or not my loan closes.
, ,>
Bo~.."cr's s;gnatur~ .
jh~, & ~ffL-/
HENRY LLER
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..' . . .'.OPTIONAL:GOVERNMEN'TSURVEYi:'.":" .:1': ",.' ~
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The Federal Governmen/ requests that you provide information /0 moni/orour compliance with equal credit oppor/unity,fair housing
and home mar/gage disclosure laws. You are not requiredtofurnish this information, but are encouraged to do so. These laws prohibit
usfrom discriminating on the basis of this information, or on whether you choose to provide it. if you do not wish to provide this
information, please check the applicable box below.
Date:
Co-Borrower's Signature
Date:
~fA/1\ t /~ ()~~ 1/
BORROWER: () I do not wish to furnish this infonnation
Race/National Origin:
D American Indian, Alaskan Native
D Asian, Pacific Islander
D Other (specify):
Sex: D Female [J[J Male
D Hispanic
D Black
CiJ White
CO-BORROWER: ( ) I do not wish to furnish this infornlation
Race/National Origin:
D American Indian, Alaskan Native
D Asian, Pacific Islander
D Other (specify):
Sex: D Female D Male
D Hispanic
D Black
D White
Online Documents, Inc.
Page 2 of 2
L51930PP
JUN-24-2002 13:02
A. Settlement Stateinent
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D. NAME OF BORROWER: HENRY BULLER
')0')1 AUGII~T A ~ClQM
E. NAME OF SBL.LBR.: REFINANCE
F. NAME OF LijNOE.R.: WuldngtOD Mutual
8--- - "I rati. 1a Fl 322Cj6
G. PROPERTY ADDRESS: 2921 SHELBY DRIVE, AUGl.1STA, 30906
H. SETIUlMENT AGBNT: Service Link
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RRV. mID-I (3/86)
TOTAL P. 03