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IN THE CIRCUIT COURT OF THE NINETEENTH
JUDICIAL CIRCUIT IN AND FOR ST. LUCIE
COUNTY, FLORIDA. CIVIL DIVISION
CASE NO. 56-2017-CA-000774
U.S. BANK, NATIONAL ASSOCIATION AS LEGAL
TITLE TRUSTEE FOR TRUMAN 2016 SC6 TITLE
TRUST,
Plaintiff,
VS.
ROBERT MENDZELA; SWEETHEART
MENDZELA; FLORIDA HOUSING FINANCE
CORPORATION; UNKNOWN TENANT NO. 1;
UNKNOWN TENANT NO. 2; and ALL UNKNOWN
PARTIES CLAIMING INTERESTS BY, THROUGH,
UNDER OR AGAINST A NAMED DEFENDANT TO n
THIS ACTION, OR HAVING OR CLAIMING TO
HAVE ANY RIGHT, TITLE OR INTEREST IN THE
PROPERTY HEREIN DESCRIBED,
Defendant(s).
CONSENT FINAL JUDGMENT OF FORECLOSURE
This action was heard before the court on February 12, 2018 and on the evidence presented and
being otherwise duly advised in the premises;
IT IS ORDERED AND ADJUDGED that:
1. Final Judgment. The plaintiff is entitled to entry of final judgment of Foreclosure is
hereby ENTERED in favor of the Plaintiff.
2. Value of Claim. At the initiation of this action, in accordance with section
28.241(1)(a)2.b., Florida Statues, plaintiff estimated the amount in controversy of the claim to be
$152,697.89. In accordance with section 28.241(1)(a)2.c., Florida Statutes, the Court identifies the actual
value of the claim to be $241,614.24, as set forth below. For any difference between the estimated amount
in controversy and the actual value of the claim that requires the filing fee to be adjusted, the Clerk shall
adjust the filing fee. In determining whether the filing fee needs to be adjusted, the graduated filing fee
scale in section 28.241(1)(a)2.d., Florida Statutes, controls. If an excess filing fee was paid, the Clerk shall
provide a refund of the excess fee. If an additional filing fee is owed, the plaintiff shall pay the additional
St. Lucie County File Date: 02/12/2018 12:21 PM
St. Lucie County File Date: 02/12/2018 12:22 PMfee at least five business days prior to the judicial sale. If any additional filing fee owed is not paid prior to
the judicial sale, the Clerk shall cancel the judicial sale without further order of the Court.
3. Amounts Due. Plaintiff, c/o SHD Legal Group P.A., PO BOX 19519, Fort Lauderdale,
FL33318, is due:
Principal: $152,697.89
Interest on the note and mortgage from November 1, 2012 to $66,455.78
February 12, 2018 Per diem at $37.65 and interest at 9.00%
Title search expenses $350.00
Taxes $6,181.15
Insurance premiums $8,416.83
Attorneys’ Fees
$3,450.00
Court Costs:
Filing fee $ 967.00
Service of Process $325.00
Additional Costs:
Property Inspection(s) $587.50
Property Preservation $ 125.00
Broker's Price Opinion $ 674.66
Foreclosure Fees $ 765.00
Foreclosure Cost $1,493.50
LESS: Suspense Amount (Credit) $- 875.07
TOTAL $241,614.24
4, Interest. The total amount in paragraph 3 shall bear interest from this date forward at the
prevailing rate.
5. Lien on Property. Plaintiff holds a lien for the total sum superior to all claims or estates
of defendant(s), (with the exception of any assessments that are superior pursuant to Section 718.116, or
720.3085, Florida Statutes) on the following described property in St. Lucie County, Florida:
St. Lucie County File Date: 02/12/2018 12:21 PM.
St. Lucie County File Date: 02/12/2018 12:22 PMLOT 8, BLOCK 1660, OF PORT ST. LUCIE, SECTION FIVE, ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 12, PAGES 15A
TO 15E, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.
Property Address: 741 SW ASTER RD, PORT SAINT LUCIE, FL 34953
6. Sale of Property. If the total sum with interest at the rate described in paragraph 3 and all
costs accrued subsequent to this judgment are not paid, the clerk of this court shall sell the property at public
sale on Apo! 17 20 § , to the highest bidder for cash, except as prescribed in
paragraph 7:
http://www.stlucie.clerkauction.com 8:00 a.m.
In accordance with Section 45.031, Florida Statutes The public sale shall not be postponed or canceled
without a court order. All orders postponing or canceling the sale must be filed with the clerk of court
no later than 5:00 p.m. five (5) business days before the sale date. Counsel for plaintiff must be certain
that all sale and Clerk fees are paid and that the original proof of publication is filed no less than five
business days before the sale date. Failure to timely file the original proof of publication of the
notice of sale and pay the sale and Clerk fees will stop the sale. Additionally, the failure of plaintiff's
counsel to pay the sale fee and properly and timely publish the notice of sale may result in sanctions
against the plaintiff, plaintiff's counsel individually, and the law firm representing the plaintiff,
Any electronic sale by the clerk shall be in accordance with the written administrative policy for electronic
sales published by the clerk at the official website for the clerk and posted in the public areas of the clerk's
offices.
7. Costs. Plaintiff shall advance all subsequent costs of this action and shall be reimbursed
for them by the clerk if plaintiff is not the purchaser of the property for sale, provided, however, that the
purchaser of the property for sale shall be responsible for the documentary stamps payable on the certificate
of title. If plaintiff is the purchaser, plaintiff shall file an affidavit within 5 business days and the Clerk shall
credit plaintiff's bid with the total sum with post-judgment interest and costs accruing subsequent to this
judgment, or such part of it, as is necessary to pay the bid in full. The clerk shall receive the service charge
imposed in Section 45.031, Florida Statutes.
8. Distribution of Proceeds. On filing the certificate of title, the clerk shall distribute the
proceeds of the sale, so far as they are sufficient, by paying: first, all of plaintiff's costs; second,
documentary stamps affixed to the certificate; third, plaintiff's attorneys’ fees; fourth, the total sum due to
St. Lucie County File Date: 02/12/2018 12:21 PM
St. Lucie County File Date: 02/12/2018 12:22 PMplaintiff, less the items paid, plus interest at the rate prescribed in paragraph 3 from this date to the date of
the sale; and by retaining any remaining amount pending the further order of this court.
9. Right of Redemption. On filing the certificate of sale, defendant(s) and all persons
claiming under or against defendant(s) since the filing of the notice of lis pendens shall be foreclosed of all
estate or claim in the property, except as to claims or rights under chapter 718 or chapter 720, Florida
Statutes, if any.
10. Right of Possession. Upon the filing of the certificate of title, the person named on the
certificate of title shall be let into possession of the property. If any defendant or tenant remains in
possession of the property, an Order Granting the Motion for Writ of Possession shall be entered without
further notice or hearing, subject to the purchaser’s compliance with Section 83.561, Florida Statutes.
ll. Jurisdiction Retained. Jurisdiction of this action is retained to enter further orders that
are proper including, without limitation a deficiency judgment, writs of possession and such supplemental
relief or judgments as may be appropriate.
12. The Plaintiff, may assign the Judgment or the bid to a third party without further
order of the Court. If the Plaintiff or Plaintiff's assignee is the purchaser at the sale, the Clerk shall
credit on the bid of the Plaintiff or Plaintiff's assignee the total sum herein found to be due the
Plaintiff pursuant to the paragraphs above, or such portion thereof as may be necessary to pay fully
the bid of the Plaintiff or Plaintiff's assignee.
13. If the United States of America is a Defendant in this action, they shall have the right
of redemption provided by 28 U.S.C. §2410(c) from the issuance of a Certificate of Title, but the right
shall thereafter expire.
14. The original promissory note having been presented and delivered to the Court,
Count 7 of Plaintiff's Complaint is hereby deemed moot.
IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE ADDITIONAL MONEY
FROM _ THE SALE AFTER PAYMENT OF PERSONS WHO ARE ENTITLED TO BE PAID
FROM THE SALE PROCEEDS PURSUANT TO THE FINAL JUDGMENT.
St. Lucie County File Date: 02/12/2018 12:21 PM
St. Lucie County File Date: 02/12/2018 12:22 PMIF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS REMAINING
AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN 60
DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED
TO ANY REMAINING FUNDS.
IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS YOURSELF. YOU
ARE NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER REPRESENTATION AND YOU
DO NOT HAVE TO ASSIGN YOUR RIGHTS TO ANYONE ELSE IN ORDER FOR YOU TO
CLAIM ANY MONEY TO WHICH YOU ARE ENTITLED. PLEASE CHECK WITH THE
CLERK OF THE COURT, WITHIN 10 DAYS AFTER THE SALE TO SEE IF THERE IS
ADDITIONAL MONEY FROM THE FORECLOSURE SALE THAT THE CLERK HAS IN THE
REGISTRY OF THE COURT.
r
IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TO HELP YOU CLAIM THE
ADDITIONAL MONEY, YOU SHOULD READ VERY CAREFULLY ALL PAPERS YOU ARE
REQUIRED TO SIGN, ASK SOMEONE ELSE, PREFERABLY AN ATTORNEY WHO IS NOT
RELATED TO THE PERSON OFFERING TO HELP YOU, TO MAKE SURE THAT YOU
UNDERSTAND WHAT YOU _ARE SIGNING AND THAT YOU ARE NOT TRANSFERRING
YOUR _ PROPERTY OR THE EQUITY IN YOUR PROPERTY WITHOUT THE PROPER
INFORMATION. IF YOU CANNOT AFFORD TO PAY AN ATTORNEY, YOU MAY CONTACT
TO SEE IF YOU QUALIFY FINANCIALLY FOR THEIR SERVICES. IF THEY CANNOT
ASSIST YOU, THEY MAY BE ABLE TO REFER YOU TO A LOCAL BAR REFERRAL
AGENCY OR SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO CONTACT ST. LUCIE AID
SERVICES FOR ASSISTANCE, YOU SHOULD DO SO AS SOON_AS POSSIBLE AFTER
RECEIPT OF THIS NOTICE.
DONE AND ORDERED on , 2018 at Fort Pierce, Florida.
RobertE. Belanger, Circuit Judge
Tammi M. Calderone, Esquire
SHD Legal Group P.A.
Attomeys for Plaintiff
PO BOX 19519
Fort Lauderdale, FL 33318
Telephone: (954) 564-0071
Service E-mail: answers@shdlegalgroup.com
Copies furnished to all parties on the attached service list
1460-161302 SY.
St. Lucie County File Date: 02/12/2018 12:21 PM
St. Lucie County File Date: 02/12/2018 12:22 PMSERVICE LIST
Case No. 56-2017-CA-000774
ROBERT MENDZELA
741 SW ASTER RD
PORT SAINT LUCIE, FL 34953
SWEETHEART MENDZELA.
741 SW ASTER RD
PORT SAINT LUCIE, FL 34953
FLORIDA HOUSING FINANCE CORPORATION
President, Vice-President, or any other officer authorized to accept service
227 N Bronough St # 5000
Tallahassee, FL 32301
St. Lucie County File Date: 02/12/2018 12:21 PM
St. Lucie County File Date: 02/12/2018 12:22 PM
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IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA. CIVIL DIVISION CASE NO. 56-2017-CA-000774 U.S. BANK, NATIONAL ASSOCIATION AS LEGAL TITLE TRUSTEE FOR TRUMAN 2016 SC6 TITLE TRUST, Plaintiff, VS. ROBERT MENDZELA; SWEETHEART MENDZELA; FLORIDA HOUSING FINANCE CORPORATION; UNKNOWN TENANT NO. 1; UNKNOWN TENANT NO. 2; and ALL UNKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH, UNDER OR AGAINST A NAMED DEFENDANT TO n THIS ACTION, OR HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE PROPERTY HEREIN DESCRIBED, Defendant(s). CONSENT FINAL JUDGMENT OF FORECLOSURE This action was heard before the court on February 12, 2018 and on the evidence presented and being otherwise duly advised in the premises; IT IS ORDERED AND ADJUDGED that: 1. Final Judgment. The plaintiff is entitled to entry of final judgment of Foreclosure is hereby ENTERED in favor of the Plaintiff. 2. Value of Claim. At the initiation of this action, in accordance with section 28.241(1)(a)2.b., Florida Statues, plaintiff estimated the amount in controversy of the claim to be $152,697.89. In accordance with section 28.241(1)(a)2.c., Florida Statutes, the Court identifies the actual value of the claim to be $241,614.24, as set forth below. For any difference between the estimated amount in controversy and the actual value of the claim that requires the filing fee to be adjusted, the Clerk shall adjust the filing fee. In determining whether the filing fee needs to be adjusted, the graduated filing fee scale in section 28.241(1)(a)2.d., Florida Statutes, controls. If an excess filing fee was paid, the Clerk shall provide a refund of the excess fee. If an additional filing fee is owed, the plaintiff shall pay the additional St. Lucie County File Date: 02/12/2018 12:21 PM St. Lucie County File Date: 02/12/2018 12:22 PMfee at least five business days prior to the judicial sale. If any additional filing fee owed is not paid prior to the judicial sale, the Clerk shall cancel the judicial sale without further order of the Court. 3. Amounts Due. Plaintiff, c/o SHD Legal Group P.A., PO BOX 19519, Fort Lauderdale, FL33318, is due: Principal: $152,697.89 Interest on the note and mortgage from November 1, 2012 to $66,455.78 February 12, 2018 Per diem at $37.65 and interest at 9.00% Title search expenses $350.00 Taxes $6,181.15 Insurance premiums $8,416.83 Attorneys’ Fees $3,450.00 Court Costs: Filing fee $ 967.00 Service of Process $325.00 Additional Costs: Property Inspection(s) $587.50 Property Preservation $ 125.00 Broker's Price Opinion $ 674.66 Foreclosure Fees $ 765.00 Foreclosure Cost $1,493.50 LESS: Suspense Amount (Credit) $- 875.07 TOTAL $241,614.24 4, Interest. The total amount in paragraph 3 shall bear interest from this date forward at the prevailing rate. 5. Lien on Property. Plaintiff holds a lien for the total sum superior to all claims or estates of defendant(s), (with the exception of any assessments that are superior pursuant to Section 718.116, or 720.3085, Florida Statutes) on the following described property in St. Lucie County, Florida: St. Lucie County File Date: 02/12/2018 12:21 PM. St. Lucie County File Date: 02/12/2018 12:22 PMLOT 8, BLOCK 1660, OF PORT ST. LUCIE, SECTION FIVE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 12, PAGES 15A TO 15E, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. Property Address: 741 SW ASTER RD, PORT SAINT LUCIE, FL 34953 6. Sale of Property. If the total sum with interest at the rate described in paragraph 3 and all costs accrued subsequent to this judgment are not paid, the clerk of this court shall sell the property at public sale on Apo! 17 20 § , to the highest bidder for cash, except as prescribed in paragraph 7: http://www.stlucie.clerkauction.com 8:00 a.m. In accordance with Section 45.031, Florida Statutes The public sale shall not be postponed or canceled without a court order. All orders postponing or canceling the sale must be filed with the clerk of court no later than 5:00 p.m. five (5) business days before the sale date. Counsel for plaintiff must be certain that all sale and Clerk fees are paid and that the original proof of publication is filed no less than five business days before the sale date. Failure to timely file the original proof of publication of the notice of sale and pay the sale and Clerk fees will stop the sale. Additionally, the failure of plaintiff's counsel to pay the sale fee and properly and timely publish the notice of sale may result in sanctions against the plaintiff, plaintiff's counsel individually, and the law firm representing the plaintiff, Any electronic sale by the clerk shall be in accordance with the written administrative policy for electronic sales published by the clerk at the official website for the clerk and posted in the public areas of the clerk's offices. 7. Costs. Plaintiff shall advance all subsequent costs of this action and shall be reimbursed for them by the clerk if plaintiff is not the purchaser of the property for sale, provided, however, that the purchaser of the property for sale shall be responsible for the documentary stamps payable on the certificate of title. If plaintiff is the purchaser, plaintiff shall file an affidavit within 5 business days and the Clerk shall credit plaintiff's bid with the total sum with post-judgment interest and costs accruing subsequent to this judgment, or such part of it, as is necessary to pay the bid in full. The clerk shall receive the service charge imposed in Section 45.031, Florida Statutes. 8. Distribution of Proceeds. On filing the certificate of title, the clerk shall distribute the proceeds of the sale, so far as they are sufficient, by paying: first, all of plaintiff's costs; second, documentary stamps affixed to the certificate; third, plaintiff's attorneys’ fees; fourth, the total sum due to St. Lucie County File Date: 02/12/2018 12:21 PM St. Lucie County File Date: 02/12/2018 12:22 PMplaintiff, less the items paid, plus interest at the rate prescribed in paragraph 3 from this date to the date of the sale; and by retaining any remaining amount pending the further order of this court. 9. Right of Redemption. On filing the certificate of sale, defendant(s) and all persons claiming under or against defendant(s) since the filing of the notice of lis pendens shall be foreclosed of all estate or claim in the property, except as to claims or rights under chapter 718 or chapter 720, Florida Statutes, if any. 10. Right of Possession. Upon the filing of the certificate of title, the person named on the certificate of title shall be let into possession of the property. If any defendant or tenant remains in possession of the property, an Order Granting the Motion for Writ of Possession shall be entered without further notice or hearing, subject to the purchaser’s compliance with Section 83.561, Florida Statutes. ll. Jurisdiction Retained. Jurisdiction of this action is retained to enter further orders that are proper including, without limitation a deficiency judgment, writs of possession and such supplemental relief or judgments as may be appropriate. 12. The Plaintiff, may assign the Judgment or the bid to a third party without further order of the Court. If the Plaintiff or Plaintiff's assignee is the purchaser at the sale, the Clerk shall credit on the bid of the Plaintiff or Plaintiff's assignee the total sum herein found to be due the Plaintiff pursuant to the paragraphs above, or such portion thereof as may be necessary to pay fully the bid of the Plaintiff or Plaintiff's assignee. 13. If the United States of America is a Defendant in this action, they shall have the right of redemption provided by 28 U.S.C. §2410(c) from the issuance of a Certificate of Title, but the right shall thereafter expire. 14. The original promissory note having been presented and delivered to the Court, Count 7 of Plaintiff's Complaint is hereby deemed moot. IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE ADDITIONAL MONEY FROM _ THE SALE AFTER PAYMENT OF PERSONS WHO ARE ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THE FINAL JUDGMENT. St. Lucie County File Date: 02/12/2018 12:21 PM St. Lucie County File Date: 02/12/2018 12:22 PMIF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS YOURSELF. YOU ARE NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER REPRESENTATION AND YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO ANYONE ELSE IN ORDER FOR YOU TO CLAIM ANY MONEY TO WHICH YOU ARE ENTITLED. PLEASE CHECK WITH THE CLERK OF THE COURT, WITHIN 10 DAYS AFTER THE SALE TO SEE IF THERE IS ADDITIONAL MONEY FROM THE FORECLOSURE SALE THAT THE CLERK HAS IN THE REGISTRY OF THE COURT. r IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TO HELP YOU CLAIM THE ADDITIONAL MONEY, YOU SHOULD READ VERY CAREFULLY ALL PAPERS YOU ARE REQUIRED TO SIGN, ASK SOMEONE ELSE, PREFERABLY AN ATTORNEY WHO IS NOT RELATED TO THE PERSON OFFERING TO HELP YOU, TO MAKE SURE THAT YOU UNDERSTAND WHAT YOU _ARE SIGNING AND THAT YOU ARE NOT TRANSFERRING YOUR _ PROPERTY OR THE EQUITY IN YOUR PROPERTY WITHOUT THE PROPER INFORMATION. IF YOU CANNOT AFFORD TO PAY AN ATTORNEY, YOU MAY CONTACT TO SEE IF YOU QUALIFY FINANCIALLY FOR THEIR SERVICES. IF THEY CANNOT ASSIST YOU, THEY MAY BE ABLE TO REFER YOU TO A LOCAL BAR REFERRAL AGENCY OR SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO CONTACT ST. LUCIE AID SERVICES FOR ASSISTANCE, YOU SHOULD DO SO AS SOON_AS POSSIBLE AFTER RECEIPT OF THIS NOTICE. DONE AND ORDERED on , 2018 at Fort Pierce, Florida. RobertE. Belanger, Circuit Judge Tammi M. Calderone, Esquire SHD Legal Group P.A. Attomeys for Plaintiff PO BOX 19519 Fort Lauderdale, FL 33318 Telephone: (954) 564-0071 Service E-mail: answers@shdlegalgroup.com Copies furnished to all parties on the attached service list 1460-161302 SY. St. Lucie County File Date: 02/12/2018 12:21 PM St. Lucie County File Date: 02/12/2018 12:22 PMSERVICE LIST Case No. 56-2017-CA-000774 ROBERT MENDZELA 741 SW ASTER RD PORT SAINT LUCIE, FL 34953 SWEETHEART MENDZELA. 741 SW ASTER RD PORT SAINT LUCIE, FL 34953 FLORIDA HOUSING FINANCE CORPORATION President, Vice-President, or any other officer authorized to accept service 227 N Bronough St # 5000 Tallahassee, FL 32301 St. Lucie County File Date: 02/12/2018 12:21 PM St. Lucie County File Date: 02/12/2018 12:22 PM