Preview
By Orderof the Court:
After the Clerk sets a sale date in conformance
with this OrderJudgement, any motion
to either cancel or reschedule the sale date must
be filed with the clerk of with a
broposed Order, at least seven days prior to the
scheduled date.
IN THE CIRCUIT COURT OF THE TWENTIETH
JUDICIAL CIRCUIT, IN AND FOR CHARLOTTE FILED IN OPEN COURT
COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION DATE
CASE NO: 15000737CA
HSBC BANK USA NATIONAL ASSOCIATION AS Ae
9°00
TRUSTEE ON BEHALF OF THE CERTIFICATE
HOLDERS OF THE DEUTSCHE BANK ALT-A
212915900
SECURITIES MORTGAGE LOAN TRUST 2007-AR1 109525914
MORTGAGE PASS THROUGH CERTIFICATES 325°00
SERIES 2007-AR1, 79462*75
Plaintiff 190°2*80
vs. 799411973
Se 90
MAGGIE WICKSON A/K/A MARGARET B. WICKSON “19917952
A/K/A MARGARET EILEEN BARBER; UNKNOWN 189714829
SPOUSE OF ERIC WICKSON A/K/A ERIC J. WICKSON 82
N/K/A KELLY WICKSON; MORTGAGE ELECTRONIC 31
REGISTRATION SYSTEMS INC. AS NOMINEE FOR 5182:
AMERICAN BROKERS CONDUIT 7
Defendant(s) 392 9589°25
3929585925 *
FINAL JUDGMENT OF FORECLOSURE
This action was heard before the court on January 5, 2016. On the evidence presented
IT IS ADJUDGED that Final Judgment is GRANTED against all defendants listed by name:
MAGGIE WICKSON A/K/A MARGARET B. WICKSON A/K/A MARGARET EILEEN
14-94682
BARBER; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS
INC. AS NOMINEE FOR
AMERICAN BROKERS CONDUIT.
1 Plaintiff, HSBC BANK USA NATIONAL ASSOCIATION AS
TRUSTEE ON
BEHALF OF THE CERTIFICATE HOLDERS OF THE DEUT
SCHE BANK ALT-A
SECURITIES MORTGAGE LOAN TRUST 2007-ARI MORTGAGE PASS THROUGH
CERTIFICATES SERIES 2007-AR1, whose address is c/o Select Portfolio
Servicing, Inc., 3217
S. Decker Lake Dr., Salt Lake City UT 84119, is due:
Principal
$212,100.00
Interest to date of this judgment January 5, 2016 $50,526.14
Title Search Expense $325.00
Taxes
$7,462.75
Interest on Advance $1,022.80
Prior Escrow Advances $79,411.73
Appraisals/BPO $396.00
Property Preservation $12,283.42
Insurance Premiums $18,744.29
Property Inspections $842.00
Misc.
$310.00
Attorneys’ Fees
Finding as to reasonable number of hours: 20.1
Finding as to reasonable hourly rate: $200.00
Other*: $2,800.00
(*The requested attorney’s fee is a flat rate fee that the firm’s client
has
agreed to pay in this matter. Given the amount of the fee requeste
d and the
labor expended, the Court finds that a lodestar analysis is not
necessary and
that the flat fee is reasonable.)
Attorneys’ Fee Total: $6,820.00
Court Costs, now taxed: $2,722.92
Filing Fee: $1,963.92
14-94682
Lis Pendens:$9.00
Service of Process: $700.00
Summons: $50.00
TOTAL
$392,967.05
that shall bear interest at the rate of 4.75 a year.
2 Plaintiff holds a lien for the total sum superior to all claims or estates
of
defendant(s), on the following described property in CHARLOTT
E County, Florida:
LOT 1, BLOCK “E”, CLINTWOOD ACRES ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 10, PAGES 9A AND
9B OF THE PUBLIC
RECORDS OF CHARLOTTE COUNTY, FLORIDA.
Property Address: 1615 - 1625 FLORENCE AVE, ENGLEWOOD, FL 34223.
3 If the total sum with interest at the rate described in paragr
aph | and all costs accrued
subsequent to this judgment are not p aid, the Clerk of this Court
shall sell the property at public
sale on the day ofFedde
prescribed in paragraph 4, at the co
» 2016, to the highest bidder for cash, except as
house located at 350 East Marion Avenue in Charlotte
County, Florida, in accordance with section 45.031 » Florida Statute
s, using the following
method:
www.charlotte.realforeclose.com beginning at 11:00 AM
4 Plaintiff shall advance all subse quent costs of this action
and shall be reimbursed
for them by the clerk if plaintiff is not the purchaser of the proper
ty 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 plaintiffis the purchaser,
the clerk shall credit plaintiff's bid
with the total sum with interest and costs accruin 1g subsequ
ent to this judgment, or such part of it
as is necessary to pay the bid in full.
14-94682
5 On filing the certificate of title the clerk shall di stribute the proceeds
fi of the sale,
so far as they are suf icient, by paying: first, all of plaintiff's costs; second, docume
ntary 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
| from this date to the date of
the sale; and by retaining any remaining amount pending the further
order of this court.
6 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 ri ights under chapter
718 or chapter 720, Florida
Statutes, if any. Upon the fi ling of the certificate of title, the person named on the
certificate of
title shall be let into possession of the property.
7 Jurisdiction is further reserved to enter Orders that are proper,
including
without limitation, writs of Possession, and leave to file supple
mental and amended
pleadings and complaints to add omitted counts and/or parties
who may possess an interest
in the property and to resolve any disputes with respect to assess
ments and/or other
amount allegedly due associations.
8 The Court finds that the Plaintiff has proved the terms of the lost Note and
its
right to enforce the instrument(s) as required by Florida Statute Section
673.3091. Plaintiff holds
harmless and shall indemnify them from any loss they may incur by
reason of a claim by any
other person to enforce the lost Note. Since adequate protection is therefo
re provided as required
by Florida Statute Section 673.3091, judgment is hereby entered in favor of
the Plaintiffas to its
request to enforce the lost Note.
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 PURSU
ANT TO THE
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 60 DAYS AFTER THE SALE. IF YOU FAIL
TO FILE A CLAIM,
YOU WILL NOT BE ENTITLED TO ANY REMAINING FUND S.
14-94682
SLSS ees
IF YOU ARE THE PROPERTY OWNER,
YOU MAY CLAIM THESE FUNDS
YOURSELF. YOU ARE NOT R EQUIRE
D TO HAVE A LAWYER OR ANY
REPRESENTATION AND YO! U OTHER
DO NOT HAVE TO ASSIGN YOUR RIG
ANYONE ELSE IN ORDER F R YOU HTS TO
TO CLAIM ANY MONEY TO WHICH
ARE ENTITLED. PLEASE CH. IECK WIT YOU
H THE CLERK OF THE COURT.
Mari
on Avenue, WITHIN 10 D. AYS AFT 350 East
ER THE SALE TO SEE IF THERE
ADDITIONAL MONEY FRO M THE 1S
FORECLOSURE SAL E T HAT THE CLERK HAS
IN THE REGISTRY OF THE COURT.
IF YOU DECIDE T O SELL YOUR HOM
HIRE SOMEONE TO HELP YOU E OR
CLAIM THE ADDITIO’ INAL MONEY,
SHOULD READ VERY CA REFULLY YOU
ALL PAPERS YO U ARE REQUIRED
ASK SOMEONE ELSE, PRI EFERABLY TO SIGN
AN ATTORNE Y WHO IS NOT
THE PERSON OFFERING TO RELATED TO
HELP YOU. TO MAKE SURE THA
UNDERSTAND WHAT YO U ARE SIG T YOU
NING AND THAT YOU ARE NOT
TRANSFERRING YOUR P OPERTY
OR THE EQUITY IN YOUR PROPER
WITHOUT THE PROPER INFORM TY
ATION. IF YOU CAN NOT AFFORD TO PAY AN
ATTORNEY, YOU MAY CG ‘ONTAC
T Phone: (941) 505 900 TO SEE IF YOU QUA
FINANCIALLY FOR THE: TR SER LIFY
VICES. IF THEY C ANNOT ASSIST YOU, THE
MAY BE ABLE TO REFE R YOU TO Y
A LOCAL BAR REFERRAL AGENCY
SUGGEST OTHER OPTI ONS. IF YOU OR
CHOOSE TO CONTACT Phone (941
FOR ASSISTANCE, YO U SHOULD DO ) 505-900
SO AS SOON AS POSSIBLE AFTER
OF THIS NOTICE . RECEIPT
ORDERED at Punta Gorda, CHARLOTTE County Florida, on
CT, , 2016,
V oO
stile
14-94682
Ab
COPIES FURNISHED TO:
y
ROBERTSON, ANSCHUTZ & SCHNEID,
P.L.
ATTORNEYS FOR PLAINTIFF
6409 CONGRESS AVENUE, SUITE
100
BOCA RATON, FLORIDA 33487
PRIMARY EMAIL: mail@rasflaw.co
m
MACK LAW FIRM CHARTERED
JACQULYN MACK, ESQ.
ATTORNEY FOR MAGGIE WICK SON
A/K/A MARGARET B. WICKSON A/K/
MARGARET EILEEN BAR BER A
2022 PLACIDA ROAD
ENGLEWOOD, FL 34224
PRIMARY E-MAIL: ESERVICE| @MA
CKLAWFIRM.ORG
MORTGAGE ELECTRONIC REGIST! RAT
ION SYSTEMS INC. AS NOMINEE
AMERICAN BROKERS CONDUIT FOR
1200 SOUTH PINE ISLAND RD
PLANTATION, FL 33324
PRIMARY E-MAIL:
UNKNOWN SPOUSE OF ERIC W. ICK
SON A/K/A ERIC J. WICKSON N/K/A KELLY
WICKSON
205 BROADMOOR LANE
ROTONDA WEST, FL 33947
PRIMARY E-MAIL:
14-94682
Preview
By Orderof the Court: After the Clerk sets a sale date in conformance with this OrderJudgement, any motion to either cancel or reschedule the sale date must be filed with the clerk of with a broposed Order, at least seven days prior to the scheduled date. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR CHARLOTTE FILED IN OPEN COURT COUNTY, FLORIDA GENERAL JURISDICTION DIVISION DATE CASE NO: 15000737CA HSBC BANK USA NATIONAL ASSOCIATION AS Ae 9°00 TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF THE DEUTSCHE BANK ALT-A 212915900 SECURITIES MORTGAGE LOAN TRUST 2007-AR1 109525914 MORTGAGE PASS THROUGH CERTIFICATES 325°00 SERIES 2007-AR1, 79462*75 Plaintiff 190°2*80 vs. 799411973 Se 90 MAGGIE WICKSON A/K/A MARGARET B. WICKSON “19917952 A/K/A MARGARET EILEEN BARBER; UNKNOWN 189714829 SPOUSE OF ERIC WICKSON A/K/A ERIC J. WICKSON 82 N/K/A KELLY WICKSON; MORTGAGE ELECTRONIC 31 REGISTRATION SYSTEMS INC. AS NOMINEE FOR 5182: AMERICAN BROKERS CONDUIT 7 Defendant(s) 392 9589°25 3929585925 * FINAL JUDGMENT OF FORECLOSURE This action was heard before the court on January 5, 2016. On the evidence presented IT IS ADJUDGED that Final Judgment is GRANTED against all defendants listed by name: MAGGIE WICKSON A/K/A MARGARET B. WICKSON A/K/A MARGARET EILEEN 14-94682 BARBER; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS NOMINEE FOR AMERICAN BROKERS CONDUIT. 1 Plaintiff, HSBC BANK USA NATIONAL ASSOCIATION AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDERS OF THE DEUT SCHE BANK ALT-A SECURITIES MORTGAGE LOAN TRUST 2007-ARI MORTGAGE PASS THROUGH CERTIFICATES SERIES 2007-AR1, whose address is c/o Select Portfolio Servicing, Inc., 3217 S. Decker Lake Dr., Salt Lake City UT 84119, is due: Principal $212,100.00 Interest to date of this judgment January 5, 2016 $50,526.14 Title Search Expense $325.00 Taxes $7,462.75 Interest on Advance $1,022.80 Prior Escrow Advances $79,411.73 Appraisals/BPO $396.00 Property Preservation $12,283.42 Insurance Premiums $18,744.29 Property Inspections $842.00 Misc. $310.00 Attorneys’ Fees Finding as to reasonable number of hours: 20.1 Finding as to reasonable hourly rate: $200.00 Other*: $2,800.00 (*The requested attorney’s fee is a flat rate fee that the firm’s client has agreed to pay in this matter. Given the amount of the fee requeste d and the labor expended, the Court finds that a lodestar analysis is not necessary and that the flat fee is reasonable.) Attorneys’ Fee Total: $6,820.00 Court Costs, now taxed: $2,722.92 Filing Fee: $1,963.92 14-94682 Lis Pendens:$9.00 Service of Process: $700.00 Summons: $50.00 TOTAL $392,967.05 that shall bear interest at the rate of 4.75 a year. 2 Plaintiff holds a lien for the total sum superior to all claims or estates of defendant(s), on the following described property in CHARLOTT E County, Florida: LOT 1, BLOCK “E”, CLINTWOOD ACRES ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 10, PAGES 9A AND 9B OF THE PUBLIC RECORDS OF CHARLOTTE COUNTY, FLORIDA. Property Address: 1615 - 1625 FLORENCE AVE, ENGLEWOOD, FL 34223. 3 If the total sum with interest at the rate described in paragr aph | and all costs accrued subsequent to this judgment are not p aid, the Clerk of this Court shall sell the property at public sale on the day ofFedde prescribed in paragraph 4, at the co » 2016, to the highest bidder for cash, except as house located at 350 East Marion Avenue in Charlotte County, Florida, in accordance with section 45.031 » Florida Statute s, using the following method: www.charlotte.realforeclose.com beginning at 11:00 AM 4 Plaintiff shall advance all subse quent costs of this action and shall be reimbursed for them by the clerk if plaintiff is not the purchaser of the proper ty 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 plaintiffis the purchaser, the clerk shall credit plaintiff's bid with the total sum with interest and costs accruin 1g subsequ ent to this judgment, or such part of it as is necessary to pay the bid in full. 14-94682 5 On filing the certificate of title the clerk shall di stribute the proceeds fi of the sale, so far as they are suf icient, by paying: first, all of plaintiff's costs; second, docume ntary 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 | from this date to the date of the sale; and by retaining any remaining amount pending the further order of this court. 6 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 ri ights under chapter 718 or chapter 720, Florida Statutes, if any. Upon the fi ling of the certificate of title, the person named on the certificate of title shall be let into possession of the property. 7 Jurisdiction is further reserved to enter Orders that are proper, including without limitation, writs of Possession, and leave to file supple mental and amended pleadings and complaints to add omitted counts and/or parties who may possess an interest in the property and to resolve any disputes with respect to assess ments and/or other amount allegedly due associations. 8 The Court finds that the Plaintiff has proved the terms of the lost Note and its right to enforce the instrument(s) as required by Florida Statute Section 673.3091. Plaintiff holds harmless and shall indemnify them from any loss they may incur by reason of a claim by any other person to enforce the lost Note. Since adequate protection is therefo re provided as required by Florida Statute Section 673.3091, judgment is hereby entered in favor of the Plaintiffas to its request to enforce the lost Note. 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 PURSU ANT TO THE 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 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUND S. 14-94682 SLSS ees IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS YOURSELF. YOU ARE NOT R EQUIRE D TO HAVE A LAWYER OR ANY REPRESENTATION AND YO! U OTHER DO NOT HAVE TO ASSIGN YOUR RIG ANYONE ELSE IN ORDER F R YOU HTS TO TO CLAIM ANY MONEY TO WHICH ARE ENTITLED. PLEASE CH. IECK WIT YOU H THE CLERK OF THE COURT. Mari on Avenue, WITHIN 10 D. AYS AFT 350 East ER THE SALE TO SEE IF THERE ADDITIONAL MONEY FRO M THE 1S FORECLOSURE SAL E T HAT THE CLERK HAS IN THE REGISTRY OF THE COURT. IF YOU DECIDE T O SELL YOUR HOM HIRE SOMEONE TO HELP YOU E OR CLAIM THE ADDITIO’ INAL MONEY, SHOULD READ VERY CA REFULLY YOU ALL PAPERS YO U ARE REQUIRED ASK SOMEONE ELSE, PRI EFERABLY TO SIGN AN ATTORNE Y WHO IS NOT THE PERSON OFFERING TO RELATED TO HELP YOU. TO MAKE SURE THA UNDERSTAND WHAT YO U ARE SIG T YOU NING AND THAT YOU ARE NOT TRANSFERRING YOUR P OPERTY OR THE EQUITY IN YOUR PROPER WITHOUT THE PROPER INFORM TY ATION. IF YOU CAN NOT AFFORD TO PAY AN ATTORNEY, YOU MAY CG ‘ONTAC T Phone: (941) 505 900 TO SEE IF YOU QUA FINANCIALLY FOR THE: TR SER LIFY VICES. IF THEY C ANNOT ASSIST YOU, THE MAY BE ABLE TO REFE R YOU TO Y A LOCAL BAR REFERRAL AGENCY SUGGEST OTHER OPTI ONS. IF YOU OR CHOOSE TO CONTACT Phone (941 FOR ASSISTANCE, YO U SHOULD DO ) 505-900 SO AS SOON AS POSSIBLE AFTER OF THIS NOTICE . RECEIPT ORDERED at Punta Gorda, CHARLOTTE County Florida, on CT, , 2016, V oO stile 14-94682 Ab COPIES FURNISHED TO: y ROBERTSON, ANSCHUTZ & SCHNEID, P.L. ATTORNEYS FOR PLAINTIFF 6409 CONGRESS AVENUE, SUITE 100 BOCA RATON, FLORIDA 33487 PRIMARY EMAIL: mail@rasflaw.co m MACK LAW FIRM CHARTERED JACQULYN MACK, ESQ. ATTORNEY FOR MAGGIE WICK SON A/K/A MARGARET B. WICKSON A/K/ MARGARET EILEEN BAR BER A 2022 PLACIDA ROAD ENGLEWOOD, FL 34224 PRIMARY E-MAIL: ESERVICE| @MA CKLAWFIRM.ORG MORTGAGE ELECTRONIC REGIST! RAT ION SYSTEMS INC. AS NOMINEE AMERICAN BROKERS CONDUIT FOR 1200 SOUTH PINE ISLAND RD PLANTATION, FL 33324 PRIMARY E-MAIL: UNKNOWN SPOUSE OF ERIC W. ICK SON A/K/A ERIC J. WICKSON N/K/A KELLY WICKSON 205 BROADMOOR LANE ROTONDA WEST, FL 33947 PRIMARY E-MAIL: 14-94682