On December 18, 2019 a
Order
was filed
involving a dispute between
21St Mortgage Corporation,
and
Baker, Donald,
Grice, Annie Louise,
Unknown Tenant,
for CONTRACT/INDEBTEDNESS
in the District Court of Marion County.
Preview
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
Document Filed Date
July 21, 2020
Case Filing Date
December 18, 2019
Category
CONTRACT/INDEBTEDNESS
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