Preview
FILED IN OPEN COURT
NOV 1 2 2013
By;_IS D.C.
[TIN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL | FOR
CIRCUIT IN & FOR | CLERK’S
COLLIER COUNTY, FLORIDA | USE ONLY |
| |
Clerk Case Number: 2009-CA-005812 : |
| Division: Circuit Civil |
| Wells Fargo Bank, National Association as Trustee for the
| Certificateholders of Structured Asset Mortgage Investments II Inc., Bear
| Stearns Mortgage Funding Trust 2006-AR1, Mortgage Pass-Through |
| Certificates, Series 2006-AR1, |
i
Plaintiff(s),
|
vs. |
| Bulend Duzen and Tulay Duzen, Husband and Wife; Mortgage Electronic |
/ Registration Systems, Inc. as Nominee for Bear Stearns Residential |
|
1
Mortgage Corporation.
' Defendant(s). - . |
Lenten nen nnn
THIS action was heard before the Court on Plaintiff's Motion for Summary Final
Judgment on November 12, 2013. On the evidence presented,
IT IS ORDERED AND ADJUDGED that:
1. Plaintiff, Wells Fargo Bank, National Association as Trustee for the Certificateholders of
Structured Asset Mortgage Investments II Inc., Bear Stearns Mortgage Funding Trust 2006-
ARI, Mortgage Pass-Through Certificates, Series 2006-AR1 is due:
Principal Due on Note and Mortgage $638,120.17
Interest to the date of this Judgment $110,503.79
Title Search Expenses $325.00
Taxes: $11,131.69
Attorney fees:
The requested attorney’s fee is a flat rate fee 31,300.00that the firm’s client has agreed to pay in
this matter. Given the Amount of fee
requested and the labor expended, the Court
finds that a lodestar analysis is not
necessary and that the flat fee is reasonable.
Court Costs Now Taxed
Filing Fee $1,955.00
Filing Fee for Lis Pendens $10.00
Private Process Server $385.00
OTHER COSTS:
Pre-Acceleration Late Charges $0.00
Property Inspections $1.00
Hazard Insurance $13,076.00
Credits/Charges $-7,370.23
JUDGMENT GRAND TOTAL $769,437.42
That shall bear interest at the prevailing statutory rate pursuant to F.S.§55.03.
2. Plaintiff holds a first mortgage lien for the total sum superior to all claims or estates of
Defendant(s) on the following described property in Collier County, Florida:
Property Address: 100 Tahiti Drive, Marco Island, FL 34145
a. Legal Description: LOT 15, BLOCK 1, OF MARCO BEACH UNIT ONE, A
SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 6, PAGES 9 THROUGH 16, INCLUSIVE, PUBLIC RECORDS OF COLLIER
COUNTY. FLORIDA.
~ b. Parcel ID No. 56650760003
The aforesaid lien of the Plaintiff is prior, paramount and superior to all rights, claim, liens,
interest, encumbrances and equities of the Defendants and all persons, firms or corporations
claiming by, through or under said Defendants or any of them and the property will be sold
free and clear of all claims of said Defendants, with the exception of any assessments
pursuant to Florida Statutes §§718.116 and 720.3085.
3. Ifthe 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 Court shall sell the property at public
sale on i decent q 2013 to the highest bidder for cash, except as set forth inParagraph 5, IN THE LOBBY ON THE 3®” FLOOR OF THE COURTHOUSE ANNEX,
COLLIER COUNTY COURTHOUSE, 3315 TAMIAMI TRAIL EAST, NAPLES,
FLORIDA, 34112 AT 11:00 A.M. in accordance with § 45.031 Fla. Stat. (1995).
. 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 the 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.
. 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
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.
. 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 (2010) or chapter 720,
Florida Statutes, if any.
. This Court retains jurisdiction of this cause for the purpose of entering any and all further
orders as may be necessary and proper including, without limitation, writs of possession and
a deficiency judgment, if appropriate.
. 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 THIS FINAL
JUDGMENT.of.
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 SIXTY (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, DWIGHT E.
BROCK, COLLIER COUNTY COURTHOUSE, 3315 TAMIAMI TRAIL EAST, NAPLES,
FL 34112, (239) 252-2646, WITHIN TEN (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 LEGAL AID SOCIETY OF
COLLIER COUNTY, 4125 E. TAMIAMI TRAIL EAST, NAPLES, FL 34112, (239) 775-
4555 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 LEGAL AID SOCIETY OF COLLIER COUNTY, 4125 E. TAMIAMI TRAIL
EAST, NAPLES, FL 34112, (239) 775-4555 FOR ASSISTANCE, YOU SHOULD DO SO
AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE
DONE AND ORDERED in Chambers in Collier County, Florida, this v day
» 2013.NY
wv Copies furnished to:
i
0 y SHAPIRO, FISHMAN & GACHE, LLP, 2424 North Federal Highway, Suite 360, Boca Raton,
FL 33431
J Bulend Duzen, 100 Tahiti Drive, Marco Island, FL 34145
Z Tulay Duzen, 100 Tahiti Drive, Marco Island, FL 34145
Mortgage Electronic Registration Systems, Inc. as Nominee for Bear Stearns Residential
Mortgage Corporation, c/o CT Corporation System, 1200 South Pine Island Road, Plantation, FL
é 33324
09-143755 FCO1 W50
Preview
FILED IN OPEN COURT NOV 1 2 2013 By;_IS D.C. [TIN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL | FOR CIRCUIT IN & FOR | CLERK’S COLLIER COUNTY, FLORIDA | USE ONLY | | | Clerk Case Number: 2009-CA-005812 : | | Division: Circuit Civil | | Wells Fargo Bank, National Association as Trustee for the | Certificateholders of Structured Asset Mortgage Investments II Inc., Bear | Stearns Mortgage Funding Trust 2006-AR1, Mortgage Pass-Through | | Certificates, Series 2006-AR1, | i Plaintiff(s), | vs. | | Bulend Duzen and Tulay Duzen, Husband and Wife; Mortgage Electronic | / Registration Systems, Inc. as Nominee for Bear Stearns Residential | | 1 Mortgage Corporation. ' Defendant(s). - . | Lenten nen nnn THIS action was heard before the Court on Plaintiff's Motion for Summary Final Judgment on November 12, 2013. On the evidence presented, IT IS ORDERED AND ADJUDGED that: 1. Plaintiff, Wells Fargo Bank, National Association as Trustee for the Certificateholders of Structured Asset Mortgage Investments II Inc., Bear Stearns Mortgage Funding Trust 2006- ARI, Mortgage Pass-Through Certificates, Series 2006-AR1 is due: Principal Due on Note and Mortgage $638,120.17 Interest to the date of this Judgment $110,503.79 Title Search Expenses $325.00 Taxes: $11,131.69 Attorney fees: The requested attorney’s fee is a flat rate fee 31,300.00that the firm’s client has agreed to pay in this matter. Given the Amount of fee requested and the labor expended, the Court finds that a lodestar analysis is not necessary and that the flat fee is reasonable. Court Costs Now Taxed Filing Fee $1,955.00 Filing Fee for Lis Pendens $10.00 Private Process Server $385.00 OTHER COSTS: Pre-Acceleration Late Charges $0.00 Property Inspections $1.00 Hazard Insurance $13,076.00 Credits/Charges $-7,370.23 JUDGMENT GRAND TOTAL $769,437.42 That shall bear interest at the prevailing statutory rate pursuant to F.S.§55.03. 2. Plaintiff holds a first mortgage lien for the total sum superior to all claims or estates of Defendant(s) on the following described property in Collier County, Florida: Property Address: 100 Tahiti Drive, Marco Island, FL 34145 a. Legal Description: LOT 15, BLOCK 1, OF MARCO BEACH UNIT ONE, A SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6, PAGES 9 THROUGH 16, INCLUSIVE, PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. ~ b. Parcel ID No. 56650760003 The aforesaid lien of the Plaintiff is prior, paramount and superior to all rights, claim, liens, interest, encumbrances and equities of the Defendants and all persons, firms or corporations claiming by, through or under said Defendants or any of them and the property will be sold free and clear of all claims of said Defendants, with the exception of any assessments pursuant to Florida Statutes §§718.116 and 720.3085. 3. Ifthe 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 Court shall sell the property at public sale on i decent q 2013 to the highest bidder for cash, except as set forth inParagraph 5, IN THE LOBBY ON THE 3®” FLOOR OF THE COURTHOUSE ANNEX, COLLIER COUNTY COURTHOUSE, 3315 TAMIAMI TRAIL EAST, NAPLES, FLORIDA, 34112 AT 11:00 A.M. in accordance with § 45.031 Fla. Stat. (1995). . 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 the 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. . 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 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. . 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 (2010) or chapter 720, Florida Statutes, if any. . This Court retains jurisdiction of this cause for the purpose of entering any and all further orders as may be necessary and proper including, without limitation, writs of possession and a deficiency judgment, if appropriate. . 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 THIS FINAL JUDGMENT.of. 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 SIXTY (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, DWIGHT E. BROCK, COLLIER COUNTY COURTHOUSE, 3315 TAMIAMI TRAIL EAST, NAPLES, FL 34112, (239) 252-2646, WITHIN TEN (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 LEGAL AID SOCIETY OF COLLIER COUNTY, 4125 E. TAMIAMI TRAIL EAST, NAPLES, FL 34112, (239) 775- 4555 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 LEGAL AID SOCIETY OF COLLIER COUNTY, 4125 E. TAMIAMI TRAIL EAST, NAPLES, FL 34112, (239) 775-4555 FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE DONE AND ORDERED in Chambers in Collier County, Florida, this v day » 2013.NY wv Copies furnished to: i 0 y SHAPIRO, FISHMAN & GACHE, LLP, 2424 North Federal Highway, Suite 360, Boca Raton, FL 33431 J Bulend Duzen, 100 Tahiti Drive, Marco Island, FL 34145 Z Tulay Duzen, 100 Tahiti Drive, Marco Island, FL 34145 Mortgage Electronic Registration Systems, Inc. as Nominee for Bear Stearns Residential Mortgage Corporation, c/o CT Corporation System, 1200 South Pine Island Road, Plantation, FL é 33324 09-143755 FCO1 W50