Document for WACHOVIA BANK NATIONAL ASSOCIATION, vs. SHEA, JOHN M et al

• 
• 
• 

						
                                
Preview
                                IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
                                 OF THE STATE OF FLORIDA, IN AND FOR ORANGE COUNTY

                                            CIRCUIT CIVIL CASE NO. 48-2008-CA-012209

                 WACHOVIA BANK, NATIONAL ASSOCIATION,

                          Plaintiff,



                 JOHN M. SHEA; et al.

                          Defendants.
                                                                           /

                             MOTION FOR SUMMARY FINAL JUDGMENT OF FORECLOSURE

                          Plaintiff, WACHOVIA BANK, NATIONAL ASSOCIATION ("WACHOVIA"), moves

                 this Honorable Court for entry of a Summary Final Judgment of Foreclosure upon its Complaint,

                 pursuant to Florida Rules of Civil Procedure 1.510(a) against Defendants, JOHN M. SHEA; THE

                 CLUB AT ORLANDO CONDOMINIUM ASSOCIATION, INC.; and STATE OF FLORIDA;

                 and as grounds therefor alleges:

                          1.       On the dates indicated thereon the Note, Mortgage and Modification of Mortgage

                 were executed and filed.

                         2.        Plaintiff owns and holds the Note, Mortgage and Modification of Mortgage.

                         3.        The Note, Mortgage and Modification of Mortgage are in default for non-payment

                 of the installment amount due November 16, 2007, and all subsequent payments, and for the

                 non-payment of the 2005, 2006 and 2007 real estate taxes.

                         4.        Plaintiff declares the full amount payable under the Note to be due.

                         5.        There is no genuine issue as to any material fact in this cause and Plaintiff is

                 entitled to a judgment as a matter of law against Defendants.
                         6.       Defendants have failed to raise any substantial matters of law to be argued.

                         7.       In addition to the Affidavit of Amounts Due and Owing Plaintiff, Plaintiff files

                herewith an Affidavit of Plaintiff’s Counsel as to Attorneys’ Fees and Costs and Affidavit as to

                Reasonable Attorneys’ Fees, originals of which are attached hereto and incorporated herein as

                Composite Exhibit "A."

                         8.       All conditions precedent have either been met, complied with or waived.

                         WHEREFORE, Plaintiff, WACHOVIA, demands judgment for foreclosure against

                Defendants, JOHN M. SHEA; THE CLUB AT ORLANDO CONDOMINIUM ASSOCIATION,

                INC.; and STATE OF FLORIDA, for the relief sought in the Complaint together with such other

                 and further relief as may appear proper under the circumstances.



                                                                                o(5~O~Vl
                                                                                Florida Bar No. 764698
                                                                                Trenam, Kemker, Scharf,
                                                                                  Barkin, Frye, O2qeill & Mullis, P.A.
                                                                                Bank of America Tower, Suite 1600
                                                                                200 Central Avenue
                                                                                St. Petersburg, Florida 33701
                                                                                727-896-7171/FAX 727-822-8048
                                                                                ATTORNEYS FOR PLAINTIFF
                                                       CERTIFICATE OF SERVICE

                          I HEREBY CERTIFY that a tree and correct copy of the foregoing Motion for Summary
                 Judgment of Foreclosure and the attached Affidavit of Amounts Due and Owing Plaintiff,
                 Affidavit of Plaintiff’s Counsel as to Attorneys Fees and Costs and Affidavit of Reasonable
                 Attorneys Fees were furnished by U.S. Mail on this ~, day of September, 2008, to:

                 JOHN M. SHEA                                                THE CLUB AT ORLANDO CONDOMINIUM
                 2421 Se Caligula Avenue                                     ASSOCIATION, INC.
                 Port Saint Lucia, FL 34952                                  c/o Registered Agent: Raouf Benhadj
                                                                             8205A Sun Springs Circle
                                                                             Orlando, FL 32825

                 STATE OF FLORIDA
                 Through its Ninth Judicial Circuit State Attorney,
                 Lawson Lamar
                 415 N. Orange Avenue
                 Orlando, FL 32801




                                                                                Gerald D. Davis




                                                                          3