Preview
07-03109
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CIVIL ACTION
DEUTSCHE BANK TRUST COMPANY AMERICAS, AS
TRUSTEE AND CUSTODIAN FOR SOUNDVIEW HOME LOAN
TRUST 2006-EQ1,
Plaintiff,
CASE NO.: 502008CA002770XXXXMB
vs. DIVISION: AW
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RAFAEL A. DELVALLE , et al, o
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■£33
Defendant(s). :
CO
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PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT £
INCLUDING A HEARING
TO TAX ATTORNEYS' FEES AND COSTS [ 9?
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Plaintiff, Deutsche Bank Trust Company Americas, as Trustee and Custodian for Soundview Home
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Loan Trust 2006-EQ1, files this Motion for Summary Judgment Including a Hearing to Tax Attorneys'
Fees and Costs and says:
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1. This Motion is filed pursuant to Fla. R. Civ. P. 1.510. The particular grounds on which the
Plaintiffs Motion for Summary Judgment Including a Hearing to Tax Attorneys' Fees and Costs is based are
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set forth below.
2. Plaintiff filed its Complaint to Foreclose a Mortgage on real property located in Palm Beach
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County, Florida, the legal description of which is set forth in the Complaint.
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3. Defendants were duly and regularly served with process.
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4. The Mortgage sued upon by Plaintiff constitutes a valid lien on the property sought to be
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foreclosed, is in default and is superior to any right, title, interest or claim of all Defendants and all persons or
entities claiming, by through or under them.
5. The Note and Mortgage are in default. Moreover, Plaintiff owns and holds the Note and
Mortgage and is entitled to recover its principal, interest, late charges, costs, attorney's fees, and other
expenses, all of which are more fully set forth in the affidavits attached hereto as exhibits.
6. Attorney for Plaintiff will offer the Original Note or a Lost Note Affidavit to the Court prior
to or upon the hearing of this Motion.
7. This pleading together with the Affidavits attached hereto, and all other pleadings filed
with the court, show that there are no genuine issues as to any material facts.
8. On the basis of the above grounds, Plaintiff is entitled to Final Summary Judgment as a
matter of law upon its Complaint.
WHEREFORE, Plaintiff prays for entry of Final Summary Judgment in its favor against all
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Defendants for the relief set forth in its Complaint.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this Motion for Summary Judgment has been
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furnished by U.S. Mail to all parties listed on the attached service list on thisryjj cay of July, 2008.
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Albertelli Law
IE P.O. Box 23028
Tampa, FL 33623
(813) 221-4743
IF
K/fV-yl___________
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Jonathan D). Sawyer, Esq.
FLORIDA BAR NO. 0669751
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- 07-03109
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Service List
Rafael Delvalle
275 S.W. 56th Ave., Apt 110,
Margate, FL 33068
Lake Charleston Maintenance Association, Inc.
c/o Keith F. Backer, Esquire
The Arbor, Suite 420
400 South Dixie Highway
Boca Raton, FL 33432
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IF
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IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CIVIL ACTION
DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE AND CUSTODIAN FOR
SOUNDVIEW HOME LOAN TRUST 2006-EQ1,
Plaintiff,
CASE NO.: 502008CA002770XXXXMB
vs. DIVISION: AW
RAFAEL A. DELVALLE , et al,
PY
Defendant(s).
_________________________________________ /
AFFIDAVIT OF PLAINTIFF’S COUNSEL AS TO
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ATTORNEY’S FEES AND COSTS
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
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ON THIS DATE, before me, the undersigned authority, personally appeared Jonathan D. Sawyer,
Esq., who upon being duly sworn, deposes and says as follows:
IF
1. I am over the age of 21 and have personal knowledge of the matters set forth herein. I am
an attorney with the law firm of Albertelli Law, and represent our client in the above referenced foreclosure
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action. As an attorney handling the day to day matters of this case, I am familiar with the services rendered
and all costs and expenses incurred on behalf of our client in prosecuting this action.
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2. This action is an uncontested residential mortgage foreclosure. In uncontested
foreclosure actions, the attorney and paralegals will perform, at a minimum, the following legal services:
a. Review the client’s referral package;
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b. Review the loan documents;
c. Review title exam summary and/or report;
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d. Prepare and review Lis Pendens, Complaint, Civil Cover Sheet, and Summonses;
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e. Review returns of service;
f. Review answers, defenses, and other correspondence, if received or filed, and
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prepare the appropriate motions and responses;
g. Prepare and review the motion for summary judgment and supporting affidavits;
h. Prepare and review notice of hearing, proposed final summary judgment, final
disposition and proposed notice of sale;
i. Prepare for and attend Final Judgment hearing as necessary;
j. If this matter proceeds to sale, additional time may be incurred in preparing the
final bid, certificate of sale, certificate of disbursements, and/or certificate of title.
3. For all legal services rendered in this foreclosure action, Albertelli Law has agreed to
charge, and the client has agreed to pay, a flat rate of One Thousand Two Hundred And 00/100 (1,200.00).
This represents our fee agreement for prosecuting this type of loan in an uncontested residential foreclosure
action. In the event the matter becomes contested, Albertelli Law has agreed to charge, and the client has
agreed to pay, an hourly fee up to one hundred fifty dollars ($150.00) per hour for services related to the
contested issues. In no event does Albertelli Law seek to recover attorney’s fees greater than the amount
billed to and paid by our client.
4. Albertelli Law does not create any specific timekeeping records in an uncontested
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residential foreclosure action due to this flat fee agreement and the administrative costs that would result.
The flat fee agreement was determined by taking into account many factors, including, but not limited to:
industry guidelines for residential foreclosures; the time and labor reasonably expended by lawyers in the
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community handling residential foreclosures; the complexity of the foreclosure action; the experience of
Albertelli Law in handling these types of matters; and current market conditions.
5. lam familiar with the costs and expenses that Albertelli Law incurred on behalf of our
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client in this action. These costs and expenses are as follows:
Costs: IE
IF
Title Search and Examination $325.00
Title Search: $175.00
Title Examination: $150.00
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Filing Fee $ 267.60
Investigation/Service of Process $315.00
Notice of Action Publication $ 297.03
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TOTAL $1204.63
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6. Albertelli Title is the title company utilized to perform the title work on this foreclosure
action. The owners of Albertelli Law have a financial interest in Albertelli Title. The title search and exam
costs include amounts paid to third parties for data and information reviewed for title purposes.
FURTHER AFFIANT SAYETH NOT.
Dated this day of July, 2008.
Albertelli Law
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P.O. Box 23028
Tampa, 1^336
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By:
Jonathan D. Sa er, Esq.
F RIDA BAR NO. 0669751
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The foregoing instrument was sworn to and subscribed befbre mq/thisj^ day of July,
2008, by Jonathan D. Sawyer, Esq., who is personally known to m^.
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IF
TRACY VAZQUEZ
COMMISSION # DD785863 NOTARY PUBLIC,/State |f Fiori
EXPIRES May 05.2012
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PloriaaNotafyStrvice.com My commission expires:
HOT]
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-07-03109
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07-03109
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CIVIL ACTION
DEUTSCHE BANK TRUST COMPANY AMERICAS, AS
TRUSTEE AND CUSTODIAN FOR SOUNDVIEW HOME
LOAN TRUST 2006-EQ1,
Plaintiff,
CASE NO.: 502008CA002770XXXXMB
vs. DIVISION: AW
PY
RAFAEL A. DELVALLE , et al,
Defendant(s).
_______________________ /
CO
AFFIDAVIT AS TO REASONABLE ATTORNEYS FEES
STATE OF FLORIDA
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COUNTY OF PINELLAS
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BEFORE ME, the undersigned authority, personally appeared Bruce R. Insana, Esq., who upon first
being duly sworn on oath, deposes and says:
IF
1. I am an attorney at law duly authorized to practice in the State of Florida.
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2. I have been active in the practice of law in Florida since May 1997, and I am personally
familiar with the fees usually allowed Plaintiffs for the services of their attorneys in suits of the kind and
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nature in which this affidavit is to be filed.
3. lam familiar with Rule 4-1.5(b) of the Rules Regulating the Florida Bar, and have taken
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into consideration the factors set forth in such Rule for the determination of reasonable attorney's fees.
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4. I am also familiar with and have considered the dictates of the Florida Supreme Court in the
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case of Florida Patient's Compensation Fund vs. Rowe, 472 So.2d 1145 (Fla 1985) for the determination of
reasonable attorney's fees.
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5. In arriving at my opinion of the value of reasonable attorney's fees in this action, I have
utilized and considered the following criteria:
a. The time and labor required, the novelty, complexity and difficulty of the
questions involved, and the skill requisite to perform the legal services properly.
b. The likelihood that the acceptance of the particular employment will preclude
other employment by the lawyer.
c. The fee or rate of fee customarily charged in the locality for services of a
comparable or similar nature.
d. The amount involved and the results obtained.
e. The time limitations imposed by the client or by the circumstances.
f. The nature and length of the professional relationship with the client.
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g. The experience, reputation and ability of the lawyer or lawyers performing the
services..
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h. Whether the fee is fixed or contingent.
6. Albertelli Law does not keep records of its time while it represents the Plaintiff pursuant to
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a flat fee arrangement; therefore, I have reviewed no specific time keeping records.
7. IE
It is my opinion that a review of the actual foreclosure file of Albertelli Law in this case
would be unnecessary and futile event. In my opinion, the specific steps and requirements for filing and
IF
litigating a mortgage foreclosure action in the State of Florida dictate that under no circumstance could the fee
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charged by Albertelli Law be unreasonable; therefore, I have not reviewed the actual file in this case.
8. Based upon my review as set forth, it is my opinion that a reasonable attorney's fee and
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paralegal fee is $1,325.00.
FURTHER AFFIANT SAYETH NAUGHT. /// // <1 /
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Bruce R. Insana, Esquire ------- ------—
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Florida Bar No.: 109071
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The foregoing instrument was subscribed and sworn to before me this | day of
_____ J _______ , 2008, by B e R. Insana, who is.personally known to me.
N
CHRISTI M. VAN HOOSE
NO UBLIC, State ofTkmda
Comm# 000765386
My Commission Expires:
Expires 3/5/2012
Florida Notary Assn., Inc
Preview
07-03109 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL ACTION DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE AND CUSTODIAN FOR SOUNDVIEW HOME LOAN TRUST 2006-EQ1, Plaintiff, CASE NO.: 502008CA002770XXXXMB vs. DIVISION: AW PY RAFAEL A. DELVALLE , et al, o 03 ■£33 Defendant(s). : CO 05 / l PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT £ INCLUDING A HEARING TO TAX ATTORNEYS' FEES AND COSTS [ 9? D 1.. CO IE Plaintiff, Deutsche Bank Trust Company Americas, as Trustee and Custodian for Soundview Home IF Loan Trust 2006-EQ1, files this Motion for Summary Judgment Including a Hearing to Tax Attorneys' Fees and Costs and says: RT 1. This Motion is filed pursuant to Fla. R. Civ. P. 1.510. The particular grounds on which the Plaintiffs Motion for Summary Judgment Including a Hearing to Tax Attorneys' Fees and Costs is based are CE set forth below. 2. Plaintiff filed its Complaint to Foreclose a Mortgage on real property located in Palm Beach A County, Florida, the legal description of which is set forth in the Complaint. T 3. Defendants were duly and regularly served with process. O 4. The Mortgage sued upon by Plaintiff constitutes a valid lien on the property sought to be N foreclosed, is in default and is superior to any right, title, interest or claim of all Defendants and all persons or entities claiming, by through or under them. 5. The Note and Mortgage are in default. Moreover, Plaintiff owns and holds the Note and Mortgage and is entitled to recover its principal, interest, late charges, costs, attorney's fees, and other expenses, all of which are more fully set forth in the affidavits attached hereto as exhibits. 6. Attorney for Plaintiff will offer the Original Note or a Lost Note Affidavit to the Court prior to or upon the hearing of this Motion. 7. This pleading together with the Affidavits attached hereto, and all other pleadings filed with the court, show that there are no genuine issues as to any material facts. 8. On the basis of the above grounds, Plaintiff is entitled to Final Summary Judgment as a matter of law upon its Complaint. WHEREFORE, Plaintiff prays for entry of Final Summary Judgment in its favor against all PY Defendants for the relief set forth in its Complaint. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this Motion for Summary Judgment has been CO furnished by U.S. Mail to all parties listed on the attached service list on thisryjj cay of July, 2008. D Albertelli Law IE P.O. Box 23028 Tampa, FL 33623 (813) 221-4743 IF K/fV-yl___________ RT Jonathan D). Sawyer, Esq. FLORIDA BAR NO. 0669751 CE - 07-03109 A T O N Service List Rafael Delvalle 275 S.W. 56th Ave., Apt 110, Margate, FL 33068 Lake Charleston Maintenance Association, Inc. c/o Keith F. Backer, Esquire The Arbor, Suite 420 400 South Dixie Highway Boca Raton, FL 33432 PY CO D IE IF RT CE A T O N IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL ACTION DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE AND CUSTODIAN FOR SOUNDVIEW HOME LOAN TRUST 2006-EQ1, Plaintiff, CASE NO.: 502008CA002770XXXXMB vs. DIVISION: AW RAFAEL A. DELVALLE , et al, PY Defendant(s). _________________________________________ / AFFIDAVIT OF PLAINTIFF’S COUNSEL AS TO CO ATTORNEY’S FEES AND COSTS STATE OF FLORIDA COUNTY OF HILLSBOROUGH D IE ON THIS DATE, before me, the undersigned authority, personally appeared Jonathan D. Sawyer, Esq., who upon being duly sworn, deposes and says as follows: IF 1. I am over the age of 21 and have personal knowledge of the matters set forth herein. I am an attorney with the law firm of Albertelli Law, and represent our client in the above referenced foreclosure RT action. As an attorney handling the day to day matters of this case, I am familiar with the services rendered and all costs and expenses incurred on behalf of our client in prosecuting this action. CE 2. This action is an uncontested residential mortgage foreclosure. In uncontested foreclosure actions, the attorney and paralegals will perform, at a minimum, the following legal services: a. Review the client’s referral package; A b. Review the loan documents; c. Review title exam summary and/or report; T d. Prepare and review Lis Pendens, Complaint, Civil Cover Sheet, and Summonses; O e. Review returns of service; f. Review answers, defenses, and other correspondence, if received or filed, and N prepare the appropriate motions and responses; g. Prepare and review the motion for summary judgment and supporting affidavits; h. Prepare and review notice of hearing, proposed final summary judgment, final disposition and proposed notice of sale; i. Prepare for and attend Final Judgment hearing as necessary; j. If this matter proceeds to sale, additional time may be incurred in preparing the final bid, certificate of sale, certificate of disbursements, and/or certificate of title. 3. For all legal services rendered in this foreclosure action, Albertelli Law has agreed to charge, and the client has agreed to pay, a flat rate of One Thousand Two Hundred And 00/100 (1,200.00). This represents our fee agreement for prosecuting this type of loan in an uncontested residential foreclosure action. In the event the matter becomes contested, Albertelli Law has agreed to charge, and the client has agreed to pay, an hourly fee up to one hundred fifty dollars ($150.00) per hour for services related to the contested issues. In no event does Albertelli Law seek to recover attorney’s fees greater than the amount billed to and paid by our client. 4. Albertelli Law does not create any specific timekeeping records in an uncontested PY residential foreclosure action due to this flat fee agreement and the administrative costs that would result. The flat fee agreement was determined by taking into account many factors, including, but not limited to: industry guidelines for residential foreclosures; the time and labor reasonably expended by lawyers in the CO community handling residential foreclosures; the complexity of the foreclosure action; the experience of Albertelli Law in handling these types of matters; and current market conditions. 5. lam familiar with the costs and expenses that Albertelli Law incurred on behalf of our D client in this action. These costs and expenses are as follows: Costs: IE IF Title Search and Examination $325.00 Title Search: $175.00 Title Examination: $150.00 RT Filing Fee $ 267.60 Investigation/Service of Process $315.00 Notice of Action Publication $ 297.03 CE TOTAL $1204.63 A T O N 6. Albertelli Title is the title company utilized to perform the title work on this foreclosure action. The owners of Albertelli Law have a financial interest in Albertelli Title. The title search and exam costs include amounts paid to third parties for data and information reviewed for title purposes. FURTHER AFFIANT SAYETH NOT. Dated this day of July, 2008. Albertelli Law PY P.O. Box 23028 Tampa, 1^336 CO By: Jonathan D. Sa er, Esq. F RIDA BAR NO. 0669751 D The foregoing instrument was sworn to and subscribed befbre mq/thisj^ day of July, 2008, by Jonathan D. Sawyer, Esq., who is personally known to m^. IE IF TRACY VAZQUEZ COMMISSION # DD785863 NOTARY PUBLIC,/State |f Fiori EXPIRES May 05.2012 RT PloriaaNotafyStrvice.com My commission expires: HOT] CE -07-03109 A T O N 07-03109 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL ACTION DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE AND CUSTODIAN FOR SOUNDVIEW HOME LOAN TRUST 2006-EQ1, Plaintiff, CASE NO.: 502008CA002770XXXXMB vs. DIVISION: AW PY RAFAEL A. DELVALLE , et al, Defendant(s). _______________________ / CO AFFIDAVIT AS TO REASONABLE ATTORNEYS FEES STATE OF FLORIDA D COUNTY OF PINELLAS IE BEFORE ME, the undersigned authority, personally appeared Bruce R. Insana, Esq., who upon first being duly sworn on oath, deposes and says: IF 1. I am an attorney at law duly authorized to practice in the State of Florida. RT 2. I have been active in the practice of law in Florida since May 1997, and I am personally familiar with the fees usually allowed Plaintiffs for the services of their attorneys in suits of the kind and CE nature in which this affidavit is to be filed. 3. lam familiar with Rule 4-1.5(b) of the Rules Regulating the Florida Bar, and have taken A into consideration the factors set forth in such Rule for the determination of reasonable attorney's fees. T 4. I am also familiar with and have considered the dictates of the Florida Supreme Court in the O case of Florida Patient's Compensation Fund vs. Rowe, 472 So.2d 1145 (Fla 1985) for the determination of reasonable attorney's fees. N 5. In arriving at my opinion of the value of reasonable attorney's fees in this action, I have utilized and considered the following criteria: a. The time and labor required, the novelty, complexity and difficulty of the questions involved, and the skill requisite to perform the legal services properly. b. The likelihood that the acceptance of the particular employment will preclude other employment by the lawyer. c. The fee or rate of fee customarily charged in the locality for services of a comparable or similar nature. d. The amount involved and the results obtained. e. The time limitations imposed by the client or by the circumstances. f. The nature and length of the professional relationship with the client. PY g. The experience, reputation and ability of the lawyer or lawyers performing the services.. CO h. Whether the fee is fixed or contingent. 6. Albertelli Law does not keep records of its time while it represents the Plaintiff pursuant to D a flat fee arrangement; therefore, I have reviewed no specific time keeping records. 7. IE It is my opinion that a review of the actual foreclosure file of Albertelli Law in this case would be unnecessary and futile event. In my opinion, the specific steps and requirements for filing and IF litigating a mortgage foreclosure action in the State of Florida dictate that under no circumstance could the fee RT charged by Albertelli Law be unreasonable; therefore, I have not reviewed the actual file in this case. 8. Based upon my review as set forth, it is my opinion that a reasonable attorney's fee and CE paralegal fee is $1,325.00. FURTHER AFFIANT SAYETH NAUGHT. /// // <1 / A Bruce R. Insana, Esquire ------- ------— T Florida Bar No.: 109071 O The foregoing instrument was subscribed and sworn to before me this | day of _____ J _______ , 2008, by B e R. Insana, who is.personally known to me. N CHRISTI M. VAN HOOSE NO UBLIC, State ofTkmda Comm# 000765386 My Commission Expires: Expires 3/5/2012 Florida Notary Assn., Inc