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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 2â„¢, 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
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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).
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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.
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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
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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.
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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:
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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]
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