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  • U S BANK TRUST N A vs BAKER, LEROY Mortgage Foreclosure - NonHomestead -2- $50,000 - $249,999 document preview
  • U S BANK TRUST N A vs BAKER, LEROY Mortgage Foreclosure - NonHomestead -2- $50,000 - $249,999 document preview
  • U S BANK TRUST N A vs BAKER, LEROY Mortgage Foreclosure - NonHomestead -2- $50,000 - $249,999 document preview
  • U S BANK TRUST N A vs BAKER, LEROY Mortgage Foreclosure - NonHomestead -2- $50,000 - $249,999 document preview
  • U S BANK TRUST N A vs BAKER, LEROY Mortgage Foreclosure - NonHomestead -2- $50,000 - $249,999 document preview
  • U S BANK TRUST N A vs BAKER, LEROY Mortgage Foreclosure - NonHomestead -2- $50,000 - $249,999 document preview
  • U S BANK TRUST N A vs BAKER, LEROY Mortgage Foreclosure - NonHomestead -2- $50,000 - $249,999 document preview
  • U S BANK TRUST N A vs BAKER, LEROY Mortgage Foreclosure - NonHomestead -2- $50,000 - $249,999 document preview
						
                                

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INSTRUMENT#: 2019064261, BK: 26395 PG: 1077 PGS: 1077 - 1083 02/13/2019 at 10:40:42 AM, DEPUTY CLERK:ADUPREE Pat Frank,Clerk of the Circuit Court Hillsborough County 7 IT IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCU IN AND FOR HILLSBOROUGH COUNTY, FLORIDA GENERAL CIVIL DIVISION U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF8 MASTER PARTICIPATION TRUST Plaintiff, CASE NO.: 18-CA-001435 Vv. THE ENCLAVE AT RICHMOND PLACE GENERAL CIVIL DIVISION: CONDOMINIUM ASSOCIATION, INC; LEROY BAKER; ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, 2 UNDER, OR AGAINST THE HEREIN NAMED mt <3 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 we Defendants. / UNIFORM FINAL JUDGMENT OF FORECLOSURE (Effective March 2™, 2015) Summary Final THIS ACTION was heard before the Court on Plaintiffs Motion for and being otherwise fully Judgment on February 5, 2019. Based on the evidence presented informed in the premises, IT IS ADJUDGED that: 1 The Plaintiffs Motion for Summary Judgment is GRANTED. Service of process RICHMOND PLACE has been duly and regularly obtained over THE ENCLAVE AT ASSOCIATION, INC; LEROY BAKER ; ANY AND ALL CONDOMINIUM OR AGAINST THE UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER, ARE NOT KNOWN TO BE HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ES MAY CLAIM AN DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTI SPOUSES, HEIRS, DEVISEES, GRANTEES, OR OTHER INTEREST AS CLAIMANTS, defendants. accordance with 2 VALUE OF CLAIM: At the initiation of this action, in filed on and after June section 28.241(1)(a)2.b., Florida Statutes (effective for actions 1, 2009), Plaintiff estim ated the amount in controversy of the claim to be $246,110.20. the Court identifies the In accordance with section 28.241(1)(a)2.c., Florida Statutes, difference between the estimated actual value of the claim to be $272,942.19. For any Page | of 7 PH # 86746 Case #: 18-CA-001435 Bk 26395 Pg 1078 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 following graduated filing fee scale in section 28.241(1)(a)2.d., Florida Statutes, controls: $400 Value of claim less than or equal to $50,000 with 5 defendants or less $905 Value of claim greater than $50,000 but less than $250,000 with 5 defendants or less $1,905 Value of claim $250,000 or greater with 5 defendants or less 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 fee 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. There is due and owing to the Plaintiff the following: Principal due on the note secured by the mortgage foreclosed $ 156,117.40 Interest on the note and mortgage from 05/13/2013 to 10/31/2018 $ 89,088.07 Per diem interest at 10.44% ($ 44.65 per day), from 11/01/2018 to 02/05/2019 $ 4,331.05 Forced Placed Insurance $6,752.77 Forced Placed Insurance for 2014 $6,752.77 Taxes $5,220.93 Taxes for 2017 $3,921.33 Taxes for 2017 $1,299.60 Court Costs: + Filing Fee $972.90 * Service of Process at $55.00 per defendant $275.00 + Publication for $0.00 + Out of State Services $115.00 SUBTOTAL $262,873.12 Additional Costs: Late Charges $ 4,506.07 Brokers Price Opinion/Appraisals $355.50 Property Inspections $487.00 Property Preservation $85.50 SUBTOTAL $268,307.19 Other (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 fee requested and the labor expended, the Court finds that a lodestar analysis is not necessary and that the flat fee is reasonable). Page 2 of 7 PH # 86746 Case #: 18-CA-001435 Bk 26395 Pg 1079 Less: Undisbursed escrow funds $0.00 Less: Other ($25.00) Attorney Fees (as detailed in the Affidavit as to Plaintiff's Attorneys fees and Cost and Reasonable Attorneys Fees): $4,660.00 TOTAL SUM $ 272,942.19 4 Interest. The total sum 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 715 S METROPOLITAN AVENUE, P.O. BOX 24610, OKLAHOMA CITY, OK 73108, holds a lien for the total sum specified in paragraph 3 herein. 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 sections 718.116 and 720.3085, Florida Statutes. The plaintiff's lien encumbers the subject property located in HILLSBOROUGH County Florida, and described as: (LEGAL DESCRIPTION) CONDOMINIUM UNIT 225, BUILDING 200, THE ENCLAVE AT RICHMOND PLACE, TOGETHER WITH AN UNDIVIDED INTEREST IN THE COMMON ELEMENTS, ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF RECORDED IN OFFICIAL RECORD BOOK 16090, PAGE 1252, AS AMENDED FROM TIME TO TIME, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA. Property Address: 18001 RICHMOND PLACE DRIVE, APARTMENT 225 TAMPA, FL 33647-1743 6 Sale of Property. If the total sum with interest at the rate described in Paragraph 4 and all costs accrued subsequent to this judgment are not paid, the Clerk of the Court hr shall the subject property to the highest idder for cash at public sale on Qt ; 20 at 10:00 A.M. after having first gWen notice as required by Section 45.031, Florida Statutes. The judicial sale will be conducted electronically online at the following website: h ttp://www.hillsborou: |. realforeclose.com. At least three (3) days prior to the sale, Plaintiff must pay the costs associated with the Notice of Publication. The party or their attorney shall be responsible for preparing, in accordance with section 45.031(2), Florida Statutes, and submitting the Notice of Sale to a legal publication. The original Notice of Sale and Proof of Publication must be filed with the Clerk of the Circuit Court at least 24 hours prior to the scheduled sale date. Page 3 of 7 PH # 86746 Case #: 18-CA-001435 Bk 26395 Pg 1080 7. Costs. Plaintiff shall advance all subsequent required 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. 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. The purchaser of the property shall be required to pay the electronic sales fee assessed in accordance with section 45.035(3), Florida Statutes. The Clerk will not issue the Certificate of Title if the electronic sales fee is not paid. 8 Additional Expenses. If the Plaintiff incurs additional expenses subsequent to the entry of this final judgment but prior to the sale date specified in paragraph 6 herein, Plaintiff may, by written motion served on all parties, seek to amend this final judgment to include said additional expenses. 9 Distribution of Proceeds. On the filing of 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 plaintiff's costs; second, documentary stamps affixed to the Certificate, unless the property is purchased by a third party bidder; third, plaintiff's attorneys’ fees; fourth, the total sum due to the plaintiff, less the items paid, plus interest at the rate prescribed in Paragraph 4 from this date to the date of the sale; and by retaining any remaining amount pending further Order of this Court. 10. Right of Possession / Right of. Redemption, On filing of the Certificate ofTitle, 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, except as to claims or rights under chapter 718 or chapter 720, Florida Statutes, if any. Upon filing of the certificate of title, the person named in the certificate of title shall be let into possession of the property. On filing of the Certificate of Sale, defendant's right of redemption as proscribed by Florida Statutes, Section 45.0315 shall be terminated. ll. Attorneys’ Fees. The requested attorney's fees are a flat rate fee that the firm's client has agreed to pay in this matter. Given the amount of the fee requested and the labor expended, the court finds that a lodestar analysis is not necessary and that the flat fee is reasonable. 12. In accordance with Florida Statutes, Section 45.031: 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 Page 4 of 7 PH # 86746 Case #: 18-CA-001435 Bk 26395 Pg 1081 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 AT 813-276- 8100 EXT. 4733 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 Bay Area Legal Services, Inc., 1302 N. 19th Street, Tampa, FL 33605-5230, Phone: (813) 232-1343. 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 THE HILLSBOROUGH COUNTY BAR ASSOCIATION REFERRAL SERVICE AT 813-221-7780 FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE. 13. Assignment. The Plaintiff may assign the judgment and/or credit bid by the filing of an assignment without further Order of the Court. 14. Jurisdiction Retained. The Court retains jurisdiction of this action to enter further orders that are proper, including, without limitation, orders authorizing writs of possession and _an award of attorney’s fees, and to enter deficiency judgments if the borrower has not been discharged in bankruptcy. Page 5 of 7 PH # 86746 Case #: 18-CA-001435 Bk 26395 Pg 1082 ABOVE (ANY ADDITIONS, MODIFICAT. "IONS OR CHANGES TO THE PROVISIONS NUMBERED SHOULD BE SET FORTH IN BOLD TYPE AND CONSECUTIVELY PARAGRAPHS). —A, IT IS one pops County, Florida, on this J day of irk boda (CC b 7 Circuit Judge Copies furnished to: Page 6 of 7 PH # 86746 Case #: 18-CA-001435 Bk 26395 Pg 1083 SERVICE LIST CASE NO.: 18-CA-001435 Shumaker Loop & Kendrick LLP Attn: Jonathan J. Ellis, Esq. PO BOX 172609 Tampa, FL 33672 jellis@slk-law.com kreres@slk-law.com blarson@slk-law.com Attorney for Defendant THE ENCLAVE AT RICHMOND PLACE CONDOMINIUM ASSOCIATION, INC DEBT RELIEF LEGAL GROUP, LLC Attn: ALAN D. BORDEN, Esq. 901 W HILLSBOROUGH AVE TAMPA, FL 33603 1309 data@1 800debtrelief.com Attorney for Defendant LEROY BAKER FECA ICICI ACI IOI AI PHELAN HALLINAN DIAMOND & JONES, PLLC 2001 NW 64th Street Suite 100 Ft. Lauderdale, FL 33309 Service by Email: FL.Service@PhelanHallinan.com [ASC@954-462-7001] Page 7 of 7 PH # 86746 Case #: 18-CA-001435