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IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
CIVIL ACTION
INDYMAC BANK, F.S.B.,
Plaintiff,
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CASENO. 2007CA007757SC
vs. DIVISION C |
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SPACE FOR RECORDING ONLY F.S.§695.26
LINDA A. DECICCO-NICHOLS A/K/A LINDA A. NICHOLS; ROBERT W. NICHOLS; 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).
UNIFORM FINAL JUDGMENT OF MORTGAGE FORECLOSURE
For mortgage foreclosure judgments entered in the Twelfth Judicial Circuit
on or after December 1, 2008, pursuant to Administrative Order 2008-14. 1
THIS action was heard before the Court on Plaintiff's Motion for Summary
Final Judgment. Based on the evidence presented and being otherwise fully informed in
the premises, itis ORDERED AND ADJUDGED that:
1. The Plaintiff's Motion for Summary Judgment is GRANTED.
2. Service of Process
Service of process has been duly and regularly obtained over the following
defendants:
LINDA A, DECICCO-NICHOLS A/K/A LINDA A. NICHOLS, ROBERT W.
NICHOLS, TENANT #1, TENANT #2, TENANT #3, TENANT #4, and 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
3. Amount Due
Filed for Record 12/29/2009 02:58 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 007757 SC Dkt-7941937 Page 1 of 6There is due and owing to the Plaintiff the following:
Unpaid principal balance due on the notes
secured by the mortgage foreclosed as of 246,081.24
1/22/2010
ae | ann
3/1/2007 to 1/22/2010 50,317.77
PRE-ACCELERATED LATE CHARGES
THROUGH June 21, 2007
150.00
Property Taxes for the year(s) of 0.00]
275.00
261.00
Service of Process at $45 per defendant
for 5 defendants Military Search at $25 Out of
State Locate at $160 Skip Trace at $90 Social
Security Check at $8 $26.11 taxes
4. Interest
The total amount referenced in Paragraph 3 shall bear interest from this date
forward at the prevailing legal rate of interest.
5. Lien on Property
Plaintiff, whose address is 888 East Walnut Street, Pasadena, CA 91101, holds a
lien for the total amount specified in Paragraph3. The lien of the Plaintiff is superior in
dignity to any right, title, interest or claim of the Defendants and all persons,
corporations, or other entities, claiming by, through, or under the Defendants or any of
them and the property will be sold free and clear of all claims of the Defendants, with
the exception of any assessments that are superior pursuant to Section 718.116, Florida
Statutes. The Plaintiff's lien encumbers the subject property described as:
a. County: SARASOTA
b. Property Address: 3106 SEATTLE AVENUE
c. Legal Description:
Filed for Record 12/29/2009 02:58 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 007757 SC Dkt-7941937 Page 2 of 6LOT 1, BLOCK 816, 19TH ADDITION TO PORT CHARLOTTE,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 14,
PAGE 7, OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA.
d. Parcel ID Number: 0963081601
6. Sale of Property
If the total amount with interest at the rate described in Paragraph 3 and all costs
accrue subsequent to this Judgment are not paid, the Clerk of the Court shall sell the
subject property at public sale after having first given notice as required by Section
45.031, Florida Statutes, as follows:
Sarasota County 9:00 a.m. Foreclosure sales conductedvia
Internet:
www .sarasota.realforeclose.com
Manatee County 11:00 a.m. Foreclosure sales conducted via
Internet:
www.manatee.realforeclose.com
pe 11:00 a.m. DeSoto County Courthouse
115 Oak Street
7. Costs
Arcadia, Florida 34266
www.desotoclerk.com
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. 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. The Clerk shall receive the service charge imposed in
Section 45.031, Florida Statutes, for services in making, recording and certifying the
same and title that shall be assessed as costs.
If a third party bidder is the purchaser, the third party bidder must pay the
documentary stamps attached to the certificate of title in addition to the bid.
If Plaintiff incurs additional expenses subsequent to the entry of this final
judgment but prior to the sale date specific in Paragraph 6, Plaintiff may, by written
motion served on all parties, seek to amend this final judgment to include said
additional expense and applicable registry fees.
8. Defendants’ Right of Redemption
On filing of the Certificate of Sale, Defendant’s right of redemption as prescribed
by Section 45.0315, Florida Statutes, shall be terminated.
9. Distribution of Proceeds of the Sale
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 the Plaintiffs costs; second,
documentary stamps affixed to the Certificate, unless the property is purchased by a
third party bidder; third, Plaintiff's attorney’s fees; fourth, the sum total due to the
Plaintiff, less the items paid, plus interest at the rate proscribed in Paragraph 2 from
Filed for Record 12/29/2009 02:58 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 007757 SC Dkt-7941937 Page 3 of 6this date to the date of the sale. During the sixty (60) days after the Clerk issues the
certificate of disbursements, the Clerk shall hold the surplus pending further Order of
this court.
10. Foreclosure of Claims
Upon the filing of the Certificate of Title, Defendant and all persons claiming
under or against Defendant since the filing of the Notice of Lis Pendens shall be
foreclosed of all estate or claim in the property and the purchaser at sale shall be let
into possession of the property.
11. Attorneys Fees. See Paragraph 13 regarding Plaintiff's attorney's fees.
12. NOTICE PURSUANT TO § 45.031, FLORIDA STATUTES (2006).
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.
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 Court for your county 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.
Clerk of Court Clerk of Court Clerk of Court
2000 Main Street 115 Manatee Ave W 115 East Oak Street
Sarasota, Florida 34237 Bradenton, FL 34205 Arcadia, FL 34266
(941) 861-7400 (941) 749-1800 (863) 993-4876
www.sarasotaclerk.com www.manateeclerk.com www.desotoclerk.com
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 help to 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 the local legal services listed below 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 one of the
services listed below, you should do so as soon as possible after the receipt of this
notice.
Manatee Coun DeSoto Coun
Legal Aid of Manasota Legal Aid of Manasota Fla. Rural Legal Service
Sarasota Office 1101 6 Avenue West 3210 Cleveland Avenue, Suite
Filed for Record 12/29/2009 02:58 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 007757 SC Dkt-7941937 Page 4of6A
Ft. Meyers, Florida 33901
(800) 476-8937
1900 Main Street, Suite 302
Sarasota, Florida 34236
(941) 366-0038
Bradenton, Florida 34205
(941) 747-1628
www.gulfcoastlegal.org
Venice Office Gulfcoast Legal Service www.flrs.org
7810 South Tamiami Trail 430 12" Street West
Suite A6 Brandenton, Florida 34205
Venice, Florida 34293
13. Additions. Modifications or Changes to Standard Form
Any additions, modifications or changes to the provisions above may only be set
forth in this paragraph.
a. The court finds based upon Section 702.065(2)(2006), Florida Statutes,
the affidavits filed herein, inquiry of counsel for Plaintiff, and upon consideration of
the legal services rendered, the complexity of the foreclosure action, the amount of
time and labor reasonably expended by lawyers in the community in prosecuting
routine mortgage foreclosure actions, Florida Default Law Group, P.L.'s flat fee
agreement with its client and Florida law, that the fee sought by Florida Default Law
Group, P.L. is reasonable and awards a fee of One thousand, Two hundred and 00/100
Dollars ($1,200.00.) For all legal services performed in this uncontested residential
foreclosure, Florida Default Law Group, P.L. has agreed to charge, and this client has
agreed to pay, a flat rate of One thousand, Two hundred and 00/100 Dollars
($1,200.00.) In the event the matter becomes contested, Florida Default Law Group,
P.L. has agreed to charge, and its client has agreed to pay, an hourly fee up to $175.00
per hour for services related to the contested issues. In no event does Florida Default
Law Group, P.L. seek to recover attorney's fees greater than the amount billed to and
paid by its client.
b. If Plaintiff is the purchaser, the bid may be assigned without further Order
of this Court.
C. Any Homeowner Association assessments which are owed are subject to
the Association's rights pursuant to Florida Statute 720.3085 (2008.)
14. Retention of Jurisdiction
This Court retains jurisdiction of this action to enter further orders that are
proper, including, without limitation, writs of possession and deficiency judgments.
DONE AND ORDERED in Chambers in SARASOTA County, Florida, this
day of ,200_.
DONNA PADAR BERLIN
Circuit Judge, Twelfth Judicial Circuit
Copies furnished to all parties.
Filed for Record 12/29/2009 02:58 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 007757 SC Dkt-7941937 Page 5of6Service List
Florida Default Law Group, P.L.
PO Box 25018
Tampa, FL 33622-5018
LINDA A. DECICCO-NICHOLS A/K/A LINDA A. NICHOLS
3106 Seattle Avenue
North Port FL 34286
LINDA A. DECICCO-NICHOLS A/K/A LINDA A. NICHOLS
c/o L. Murray Fitzhugh
2167 S Tamiami Trail
Venice, FL 34293
ROBERT W. NICHOLS
3106 Seattle Avenue
North Port, FL 34286
Filed for Record 12/29/2009 02:58 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 007757 SC Dkt-7941937 Page 6 of 6
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IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA CIVIL ACTION INDYMAC BANK, F.S.B., Plaintiff, | | CASENO. 2007CA007757SC vs. DIVISION C | | | | SPACE FOR RECORDING ONLY F.S.§695.26 LINDA A. DECICCO-NICHOLS A/K/A LINDA A. NICHOLS; ROBERT W. NICHOLS; 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). UNIFORM FINAL JUDGMENT OF MORTGAGE FORECLOSURE For mortgage foreclosure judgments entered in the Twelfth Judicial Circuit on or after December 1, 2008, pursuant to Administrative Order 2008-14. 1 THIS action was heard before the Court on Plaintiff's Motion for Summary Final Judgment. Based on the evidence presented and being otherwise fully informed in the premises, itis ORDERED AND ADJUDGED that: 1. The Plaintiff's Motion for Summary Judgment is GRANTED. 2. Service of Process Service of process has been duly and regularly obtained over the following defendants: LINDA A, DECICCO-NICHOLS A/K/A LINDA A. NICHOLS, ROBERT W. NICHOLS, TENANT #1, TENANT #2, TENANT #3, TENANT #4, and 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 3. Amount Due Filed for Record 12/29/2009 02:58 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 007757 SC Dkt-7941937 Page 1 of 6There is due and owing to the Plaintiff the following: Unpaid principal balance due on the notes secured by the mortgage foreclosed as of 246,081.24 1/22/2010 ae | ann 3/1/2007 to 1/22/2010 50,317.77 PRE-ACCELERATED LATE CHARGES THROUGH June 21, 2007 150.00 Property Taxes for the year(s) of 0.00] 275.00 261.00 Service of Process at $45 per defendant for 5 defendants Military Search at $25 Out of State Locate at $160 Skip Trace at $90 Social Security Check at $8 $26.11 taxes 4. Interest The total amount referenced in Paragraph 3 shall bear interest from this date forward at the prevailing legal rate of interest. 5. Lien on Property Plaintiff, whose address is 888 East Walnut Street, Pasadena, CA 91101, holds a lien for the total amount specified in Paragraph3. The lien of the Plaintiff is superior in dignity to any right, title, interest or claim of the Defendants and all persons, corporations, or other entities, claiming by, through, or under the Defendants or any of them and the property will be sold free and clear of all claims of the Defendants, with the exception of any assessments that are superior pursuant to Section 718.116, Florida Statutes. The Plaintiff's lien encumbers the subject property described as: a. County: SARASOTA b. Property Address: 3106 SEATTLE AVENUE c. Legal Description: Filed for Record 12/29/2009 02:58 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 007757 SC Dkt-7941937 Page 2 of 6LOT 1, BLOCK 816, 19TH ADDITION TO PORT CHARLOTTE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 14, PAGE 7, OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA. d. Parcel ID Number: 0963081601 6. Sale of Property If the total amount with interest at the rate described in Paragraph 3 and all costs accrue subsequent to this Judgment are not paid, the Clerk of the Court shall sell the subject property at public sale after having first given notice as required by Section 45.031, Florida Statutes, as follows: Sarasota County 9:00 a.m. Foreclosure sales conductedvia Internet: www .sarasota.realforeclose.com Manatee County 11:00 a.m. Foreclosure sales conducted via Internet: www.manatee.realforeclose.com pe 11:00 a.m. DeSoto County Courthouse 115 Oak Street 7. Costs Arcadia, Florida 34266 www.desotoclerk.com 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. 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. The Clerk shall receive the service charge imposed in Section 45.031, Florida Statutes, for services in making, recording and certifying the same and title that shall be assessed as costs. If a third party bidder is the purchaser, the third party bidder must pay the documentary stamps attached to the certificate of title in addition to the bid. If Plaintiff incurs additional expenses subsequent to the entry of this final judgment but prior to the sale date specific in Paragraph 6, Plaintiff may, by written motion served on all parties, seek to amend this final judgment to include said additional expense and applicable registry fees. 8. Defendants’ Right of Redemption On filing of the Certificate of Sale, Defendant’s right of redemption as prescribed by Section 45.0315, Florida Statutes, shall be terminated. 9. Distribution of Proceeds of the Sale 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 the Plaintiffs costs; second, documentary stamps affixed to the Certificate, unless the property is purchased by a third party bidder; third, Plaintiff's attorney’s fees; fourth, the sum total due to the Plaintiff, less the items paid, plus interest at the rate proscribed in Paragraph 2 from Filed for Record 12/29/2009 02:58 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 007757 SC Dkt-7941937 Page 3 of 6this date to the date of the sale. During the sixty (60) days after the Clerk issues the certificate of disbursements, the Clerk shall hold the surplus pending further Order of this court. 10. Foreclosure of Claims Upon the filing of the Certificate of Title, Defendant and all persons claiming under or against Defendant since the filing of the Notice of Lis Pendens shall be foreclosed of all estate or claim in the property and the purchaser at sale shall be let into possession of the property. 11. Attorneys Fees. See Paragraph 13 regarding Plaintiff's attorney's fees. 12. NOTICE PURSUANT TO § 45.031, FLORIDA STATUTES (2006). 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. 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 Court for your county 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. Clerk of Court Clerk of Court Clerk of Court 2000 Main Street 115 Manatee Ave W 115 East Oak Street Sarasota, Florida 34237 Bradenton, FL 34205 Arcadia, FL 34266 (941) 861-7400 (941) 749-1800 (863) 993-4876 www.sarasotaclerk.com www.manateeclerk.com www.desotoclerk.com 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 help to 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 the local legal services listed below 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 one of the services listed below, you should do so as soon as possible after the receipt of this notice. Manatee Coun DeSoto Coun Legal Aid of Manasota Legal Aid of Manasota Fla. Rural Legal Service Sarasota Office 1101 6 Avenue West 3210 Cleveland Avenue, Suite Filed for Record 12/29/2009 02:58 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 007757 SC Dkt-7941937 Page 4of6A Ft. Meyers, Florida 33901 (800) 476-8937 1900 Main Street, Suite 302 Sarasota, Florida 34236 (941) 366-0038 Bradenton, Florida 34205 (941) 747-1628 www.gulfcoastlegal.org Venice Office Gulfcoast Legal Service www.flrs.org 7810 South Tamiami Trail 430 12" Street West Suite A6 Brandenton, Florida 34205 Venice, Florida 34293 13. Additions. Modifications or Changes to Standard Form Any additions, modifications or changes to the provisions above may only be set forth in this paragraph. a. The court finds based upon Section 702.065(2)(2006), Florida Statutes, the affidavits filed herein, inquiry of counsel for Plaintiff, and upon consideration of the legal services rendered, the complexity of the foreclosure action, the amount of time and labor reasonably expended by lawyers in the community in prosecuting routine mortgage foreclosure actions, Florida Default Law Group, P.L.'s flat fee agreement with its client and Florida law, that the fee sought by Florida Default Law Group, P.L. is reasonable and awards a fee of One thousand, Two hundred and 00/100 Dollars ($1,200.00.) For all legal services performed in this uncontested residential foreclosure, Florida Default Law Group, P.L. has agreed to charge, and this client has agreed to pay, a flat rate of One thousand, Two hundred and 00/100 Dollars ($1,200.00.) In the event the matter becomes contested, Florida Default Law Group, P.L. has agreed to charge, and its client has agreed to pay, an hourly fee up to $175.00 per hour for services related to the contested issues. In no event does Florida Default Law Group, P.L. seek to recover attorney's fees greater than the amount billed to and paid by its client. b. If Plaintiff is the purchaser, the bid may be assigned without further Order of this Court. C. Any Homeowner Association assessments which are owed are subject to the Association's rights pursuant to Florida Statute 720.3085 (2008.) 14. Retention of Jurisdiction This Court retains jurisdiction of this action to enter further orders that are proper, including, without limitation, writs of possession and deficiency judgments. DONE AND ORDERED in Chambers in SARASOTA County, Florida, this day of ,200_. DONNA PADAR BERLIN Circuit Judge, Twelfth Judicial Circuit Copies furnished to all parties. Filed for Record 12/29/2009 02:58 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 007757 SC Dkt-7941937 Page 5of6Service List Florida Default Law Group, P.L. PO Box 25018 Tampa, FL 33622-5018 LINDA A. DECICCO-NICHOLS A/K/A LINDA A. NICHOLS 3106 Seattle Avenue North Port FL 34286 LINDA A. DECICCO-NICHOLS A/K/A LINDA A. NICHOLS c/o L. Murray Fitzhugh 2167 S Tamiami Trail Venice, FL 34293 ROBERT W. NICHOLS 3106 Seattle Avenue North Port, FL 34286 Filed for Record 12/29/2009 02:58 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 007757 SC Dkt-7941937 Page 6 of 6