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  • 21ST MORTGAGE CORPORATION vs BAKER, DONALD et al CONTRACT/INDEBTEDNESS document preview
  • 21ST MORTGAGE CORPORATION vs BAKER, DONALD et al CONTRACT/INDEBTEDNESS document preview
  • 21ST MORTGAGE CORPORATION vs BAKER, DONALD et al CONTRACT/INDEBTEDNESS document preview
  • 21ST MORTGAGE CORPORATION vs BAKER, DONALD et al CONTRACT/INDEBTEDNESS document preview
  • 21ST MORTGAGE CORPORATION vs BAKER, DONALD et al CONTRACT/INDEBTEDNESS document preview
  • 21ST MORTGAGE CORPORATION vs BAKER, DONALD et al CONTRACT/INDEBTEDNESS document preview
						
                                

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215T MORTGAGE CORPORATION, IN THE STH JUDICIAL CIRCUIT Plaintiff, COURT IN AND FOR MARION COUNTY, FLORIDA vs. Case No. 19-CA-2736 ANNIE LOUISE GRICE A/K/A ANNIE L. GRICE-BAKER; DONALD BAKER; and UNKNOWN TENANT. Defendant. / ORDER GRANTING WRIT OF REPLEVIN AND/OR WRIT OF POSSESSION THIS CAUSE came on for hearing at the request of Plaintiff, 218" MORTGAGE CORPORATION, for an order directing the Clerk of the Court to execute and issue a Writ of Possession and/or a Writ of Replevin pursuant to Section 78.067, Florida Statutes. The hearing was held pursuant to the ORDER TO SHOW CAUSE previously issued by this Court which directed the Defendant to appear and show cause why the claimed property should not be taken from Defendant and delivered to Plaintiff. Counsel for Plaintiff appeared in person/by telephone, Defendant [x] did not appear [ ] did appear, and arguments were heard. The Court, having heard the arguments, considered the arguments and the pleadings filed herein, concludes as follows: 1. Service was obtained upon the Defendant as evidenced by the Returns of Service filed in this matter. 2. Plaintiff filed a verified complaint in this cause setting forth sufficient facts to support a finding of the probable validity of Plaintiff's claim against the Defendant. 3. Plaintiff is entitled to possession after August 01, 2020, of the claimed property more particularly described as follows: 2003 SKYLINE 28 X 70 MODEL MANUFACTURED HOME BEARING SERIAL NOs.: 2T-63-0162-RA and 2T-63-0162-RB . 4. Plaintiff is entitled to sell any property remaining in the home after twenty (20) days following repossession pursuant to the Manufactured Home Retail Installment Contract, Security Agreement and Disclosure Statement (“Contract”) executed in favor of Plaintiff and attached to the complaint filed herein.5. Plaintiff may be entitled to costs associated with this litigation, including attorney’s fees, pursuant to the Contract executed in favor of Plaintiff and attached to the Complaint filed herein. The Court reserves jurisdiction to determine the reasonableness of the fees and costs, as well as the amount, if so requested by Plaintiff. Judgment under this provision shall be subject to any limitations provided by any relief ordered by a federal bankruptcy court having proper jurisdiction. 6. Pursuant to the Contract executed in favor of Plaintiff and attached to the Complaint filed herein, Plaintiff is entitled to recover from Defendant, ANNIE LOUISE GRICE A/K/A ANNIE L. GRICE-BAKER; DONALD BAKER; and UNKNOWN TENANT any deficiency between the proceeds obtained from resale of the property and the amount owed by Defendant, ANNIE LOUISE GRICE A/K/A ANNIE L. GRICE-BAKER; DONALD BAKER; and UNKNOWN TENANT. This Court reserves jurisdiction to determine the amount following the sale of the property, if Plaintiff so requests. Judgment under this provision shall be subject to any limitations provided by any relief ordered by a federal bankruptcy court having proper jurisdiction. Accordingly, the premises having been considered, it is hereupon, ORDERED AND ADJUDGED: A. The Clerk of this Court shall execute and issue a Writ of Possession and/or a Writ of Replevin entitling Plaintiff to possession of the above-described property after August 01, 2020. B. As authorized by Section 78.10, Florida Statutes, any Sheriff executing the Writ of Possession and/or Writ of Replevin to be issued in this cause may break open any house, building or enclosure in which the Sheriff has reasonable grounds to believe that the subject property is located after first having made a public demand for delivery of the subject property.If necessary, the Sheriff shall take to his or her assistance the power of the Court to recover the property. DONE AND ORDERED this 2 “tay of Sul 7. , 2020 in chambers at Marion County, Florida. dh J d CIRCUIT COURT JUDGE Copies to: Leslie S. White, Esq. Dean, Mead, Egerton, Bloodworth, Capouano & Bozarth, P.A. P.O. Box 2346 Orlando, FL 32802-2346