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Filing # 47037059 E-Filed 09/28/2016 02:59:34 PM.
IN THE CIRCUIT COURT OF THE FIFTH
JUDICIAL CIRCUIT, IN AND FOR LAKE
COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO: 35-2016-CA-001323-AXXX-XX
FEDERAL NATIONAL MORTGAGE
ASSOCIATION ("FANNIE MAE"), A
CORPORATION ORGANIZED AND EXISTING
UNDER THE LAWS OF THE UNITED STATES
OF AMERICA,
Plaintiff,
vs.
ROBERT GRAY AND AMANDA UNDERWOOD
A/K/A AMANDA LEIGH, et al.
Defendant(s).
/
NOTICE OF FILING
Plaintiff, by and through its undersigned attorney hereby files:
« Order to Show Cause and Proposed Final Judgment
IANA ACTA QIU A
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FILED: LAKE COUNTY, NEIL KELLY, CLERK, 09/30/2016 12:15:46 PM
CERTIFICATE OF SERVICE
I hereby certify that a copy of this Notice of Filing and the documents filed therewith
have been furnished to the parties listed on the attached service list via Mail and/or E-mail in
accordance with the corresponding addresses listed therein on this 28 day of September, 2016.
ROBERTSON, ANSCHUTZ & SCHNEID, P.L.
Attorney for Plaintiff
6409 Congress Ave., Suite 100
Boca Raton, FL 33487
Telephone: 561-241-6901
Facsimile: 561-997-6909
Service Email: mail@rasflaw.com
By: _\S\Brian Heffner_
Brian Heffner, Esquire
Florida Bar No. 106383
Communication Email: bheffner@rasflaw.com
SERVICE LIST
ROBERT GRAY
312 RED KITE DR
GROVELAND, FL 34736
AMANDA UNDERWOOD A/K/A AMANDA LEIGH
18301 ROSE ST.
GROVELAND, FL 34736
UNKNOWN SPOUSE OF ROBERT GRAY
312 RED KITE DR
GROVELAND, FL 34736
UNKNOWN SPOUSE OF AMANDA UNDERWOOD A/K/A AMANDA LEIGH
312 RED KITE DR
GROVELAND, FL 34736
EAGLE POINTE OF GROVELAND HOMEOWNERS' ASSOCIATION, INC.
882 JACKSON AVE
WINTER PARK, FL 32789
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IN THE CIRCUIT COURT OF THE FIFTH
JUDICIAL CIRCUIT IN AND FOR LAKE
COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. 35-2016-CA-001323-AXXX-XX
FEDERAL NATIONAL MORTGAGE
ASSOCIATION ("FANNIE MAE"), A
CORPORATION ORGANIZED AND
EXISTING UNDER THE LAWS OF THE
UNITED STATES OF AMERICA,
Plaintiff,
VS.
ROBERT GRAY AND AMANDA
UNDERWOOD A/K/A AMANDA
LEIGH, et al.
Defendant(s).
/
ORDER TO SHOW CAUSE
This cause of action having come before the Court upon Plaintiff's, FEDERAL
NATIONAL MORTGAGE ASSOCIATION (“FANNIE MAE”), A CORPORATION
ORGANIZED AND EXISTING UNDER THE LAWS OF THE UNITED STATES OF
AMERICA, Motion for Order to Show Cause for entry of Final Judgment of Mortgage
Foreclosure pursuant to §702.10 Florida Statutes and the court having reviewed the Motion and
the Verified Complaint, and being otherwise fully advised in the premises, it is therefore
ORDERED AND ADJUDGED that:
1 Defendants, ROBERT GRAY; AMANDA UNDERWOOD A/K/A AMANDA
LEIGH; UNKNOWN SPOUSE OF ROBERT GRAY; UNKNOWN SPOUSE OF AMANDA
UNDERWOOD A/K/A AMANDA LEIGH; EAGLE POINTE OF GROVELAND
HOMEOWNERS' ASSOCIATION, INC., shall appear at a hearing on foreclosure is set for
November 29, 2016 at 9:45am before the Honorable Mark A. Nacke, Circuit Judge, in the LAKE
IN AAT UUM UAT
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County Courthouse at 550 W. Main Street, Tavares, FL 32778 to show cause why the attached
Final Judgment of Foreclosure should not be entered in this cause against the Defendants. This
hearing shall be referred to in this Order as the “Show Cause Hearing.”
2 This order shall be served on the defendants in accordance with the Florida Rules
of Civil Procedure and §702.10(1)(a)(9), to wit:
a. If the Defendants have been served with the Verified Complaint and
original process has already been effectuated, service of this Order may be made in the
manner provided in the Florida Rules of Civil Procedure.
b If the Defendants have not been served with the Verified Complaint and
original process, the Order to Show Cause, together with the Summons and a copy of the
Verified Complaint, shall be served on the Defendants in the same manner as provided by
the law for original process.
3 The filing of defenses by a motion, a responsive pleading, an affidavit, or other
papers before the hearing to show cause that raise a genuine issue of material fact which would
preclude the entry of summary judgment or otherwise constitute a legal defense to foreclosure
shall constitute cause for the court not to enter final judgment.
4 Defendants have the right to file affidavits or other papers at the time of the Show
Cause Hearing and may appear personally or by attorney at the Show Cause Hearing.
5 If Defendants file motions, the Show Cause Hearing time may be used to consider
said motions.
6 Defendants failure to appear at the hearing or to file defenses by motion or by a
verified or sworn answer may be deemed a waiver of the right to a hearing and in such a case, the
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Court may enter a final judgment of foreclosure ordering the Clerk of the Court to conduct a
foreclosure sale.
7
If the mortgage provided for reasonable attorney fees and the requested fee does
not exceed 3% of the principal amount owed at the time the Complaint is filed, the Court does
not need to hold a hearing or adjudge the requested fee to be reasonable.
8 A copy of the proposed final judgment is attached and will be entered by the
Court if defendants waive the right to be heard at the hearing.
9 Any final judgment of foreclosure entered pursuant to Section 702.10(1) Fla.
Stat. shall be only for in rem relief; however, entry of such final judgment of foreclosure shall not
preclude entry of an in personam money damages judgment or deficiency judgment where
otherwise allowed by law.
DONE AND ORDERED at TAVARES, LAKE COUNTY, FLORIDA this day
of , 20
CIRCUIT JUDGE
SERVICE LIST:
ROBERTSON, ANSCHUTZ & SCHNEID, P.L.
6409 CONGRESS AVE., SUITE 100
BOCA RATON, FL 33487
MAIL@RASFLAW.COM
ROBERT GRAY
312 RED KITE DR
GROVELAND, FL 34736
AMANDA UNDERWOOD A/K/A AMANDA LEIGH
18301 ROSE ST.
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GROVELAND, FL 34736
UNKNOWN SPOUSE OF ROBERT GRAY
312 RED KITE DR
GROVELAND, FL 34736
UNKNOWN SPOUSE OF AMANDA UNDERWOOD A/K/A AMANDA LEIGH
312 RED KITE DR
GROVELAND, FL 34736
EAGLE POINTE OF GROVELAND HOMEOWNERS' ASSOCIATION, INC.
882 JACKSON AVE
WINTER PARK, FL 32789
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IN THE FLORIDA COURT OF THE FIFTH
JUDICIAL CIRCUIT OF FLORIDA IN AND FOR
LAKE COUNTY
GENERAL JURISDICTION DIVISION
CASE NO: 35-2016-CA-001323-AXXX-XX
FEDERAL NATIONAL MORTGAGE
ASSOCIATION ("FANNIE MAE"), A
CORPORATION ORGANIZED AND EXISTING
UNDER THE LAWS OF THE UNITED STATES
OF AMERICA,
Plaintiff,
VS.
ROBERT GRAY; AMANDA UNDERWOOD
A/K/A AMANDA LEIGH; UNKNOWN SPOUSE
OF ROBERT GRAY; UNKNOWN SPOUSE OF
AMANDA UNDERWOOD A/K/A AMANDA
LEIGH; EAGLE POINTE OF GROVELAND
HOMEOWNERS' ASSOCIATION, INC.; ANY
AND ALL UNKNOWN PARTIES CLAIMING
BY, THROUGH, UNDER, AND AGAINST THE
HEREIN NAMED INDIVIDUAL
DEFENDANT(S) WHO ARE NOT KNOWN TO
BE DEAD OR ALIVE, WHETHER SAID
UNKNOWN PARTIES MAY CLAIM AN
INTEREST AS SPOUSES, HEIRS, DEVISEES,
GRANTEES, OR OTHER CLAIMANTS,
Defendant(s).
/
PROPOSED FINAL JUDGMENT OF FORECLOSURE
This action was heard before the court on on evidence presented at the
Order to Show Cause hearing pursuant to Fla. Stat. §702.10. IT IS ADJUDGED that Plaintiff's
Motion for Final Judgment is GRANTED pursuant to Fla. Stat. §702.10, against all defendants
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listed by name: ROBERT GRAY; AMANDA UNDERWOOD A/K/A AMANDA LEIGH;
EAGLE POINTE OF GROVELAND HOMEOWNERS' ASSOCIATION, INC.; UNKNOWN
SPOUSE OF ROBERT GRAY;
1. Amounts Due. Plaintiff, FEDERAL NATIONAL MORTGAGE ASSOCIATION (“FANNIE
MAE”), A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE
UNITED STATES OF AMERICA, whose address is c/o Seterus, Inc., 14523 SW Milliken
Way, Beaverton, OR 97005, is due:
Principal $231,202.45
Interest to date of this judgment: October 19, 2016 $9,771.06
Pro Rata MIP/PMI $201.06
Escrow Credit $2,016.67
Late Charges $249.20
Inspections $89.00
SUBTOTAL $243,529.44
Attorneys’ Fees:
Attorneys! Fee Total: $0.00
Court Costs, now taxed:
Filing Fee: $993.78
Service of Process: $900.40
Lis Pendens: $10.00
Publication for ROBERT GRAY, UNKNOWN $250.68
SPOUSE OF ROBERT GRAY
Other: $200.00
Title Search Cost: $200.00
SUBTOTAL $245,884.30
TOTAL SUM $245,884.30
That shall bear interest at a rate in accordance with section 55.03(3), Florida Statute
Lien on Property. Plaintiff holds a lien for the total sum superior to all claims or estates of
defendant(s), on the following described property in Lake County, Florida:
UNIT 182, EAGLE POINTE, PHASE I, ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK 59, PAGES 36
THROUGH 42, PUBLIC RECORDS OF LAKE COUNTY,
FLORIDA.
Property Address: 312 RED KITE DR, GROVELAND, FL 34736
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Sale of Property. If the total sum with interest at the rate described in paragraph 1 and all
costs accrued subsequent to this judgment are not paid, the Clerk of this Court shall sell the
property at public sale on the day of. ,20___, to the highest bidder
for cash, except as prescribed in paragraph 4, at the courthouse located at 550 WEST MAIN
STREET, TAVARES, FL 32778 in Lake County, Florida, in accordance with section 45.031,
Florida Statutes (2013), using the following method:
the Lake County Courthouse 550 W. Main St. 1st Floor, Near Information Desk,
Tavares, FL 32778 beginning at 11:00 AM
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, the clerk shall credit plaintiff's
bid with the total sum with interest and costs accruing subsequent to this judgment, or such
part of it as is necessary to pay the bid in full.
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 plaintiffs costs;
second, documentary stamps affixed to the certificate; third, plaintiffs attorneys’ fees; fourth,
the total sum due to plaintiff, less the items paid, plus interest at the rate prescribed in
paragraph 1| from this date to the date of the sale; and by retaining any remaining amount
pending the further order of this court.
Right of Redemption/Right of Possession. 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, and defendant(s) right of
redemption as prescribed by section 45.0315, Florida Statues (2013) shall be terminated,
except as to claims or rights under chapter 718 or chapter 720, Florida Statutes, if any. Upon
the filing of the certificate of title, the person named on the certificate of title shall be let into
possession of the property.
Jurisdiction Retained. Jurisdiction is reserved over this action to enforce the Final
Judgment and to enter further orders that are proper including, without limitation, an
award of attorney’s fees and costs, a deficiency decree (if sought and appropriate), writs
of possession, orders granting leave to file supplemental and/or amended pleadings to
add additional parties, and orders resolving any disputes with respect to assessments
and/or other amounts allegedly due associations.
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.
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IF 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, 550 WEST
MAIN STREET, TAVARES, FL 32778, 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.
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 COMMUNITY LEGAL SERVICES
OF MID-FLORIDA, INC., 226 WEST MAIN STREET, TAVARES, FL 32778, (352)
343-0815 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 COMMUNITY LEGAL SERVICES OF MID-FLORIDA, INC. FOR
ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF
THIS NOTICE.
ORDERED at TAVARES, LAKE COUNTY, FLORIDA this day of
, 20
HONORABLE PRESIDING JUDGE
COPIES FURNISHED TO:
ROBERTSON, ANSCHUTZ & SCHNEID, P.L.
ATTORNEYS FOR PLAINTIFF
6409 CONGRESS AVE., SUITE 100
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BOCA RATON, FL 33487
PRIMARY EMAIL: MAIL@RASFLAW.COM
ROBERT GRAY
312 RED KITE DR
GROVELAND, FL 34736
AMANDA UNDERWOOD A/K/A AMANDA LEIGH
18301 ROSE ST.
GROVELAND, FL 34736
UNKNOWN SPOUSE OF ROBERT GRAY
312 RED KITE DR
GROVELAND, FL 34736
EAGLE POINTE OF GROVELAND HOMEOWNERS' ASSOCIATION, INC.
882 JACKSON AVE
WINTER PARK, FL 32789
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