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Filing # 33892892 E-Filed 10/30/2015 02:12:07 PM
IN THE CIRCUIT COURT OF THE SEVENTH
JUDICIAL CIRCUIT
1N AND FOR FLAGLER COUNTY, FLORIDA
CIVIL ACTION
CASE NO,: 2015-CA-000085
DIVISION: 49
ONEWEST BANK N.A.,
Plaintiff,
VS.
DAVID A EDMONDS AKA DAVID EDMONDS, et al,
Defendant(s).
i
STIPULATED CONSENT TO FINAL JUDGMENT
COMES NOW ONEWEST BANK, N.A., and Defendants, Robert A. Edmonds a/k/a David
Roberts and Roxanne R. Edmonds a/k/a Roxanne Edmonds, (hereinafter referred to as “Defendants”}, by
and through their undersigned attorneys, hereby stipulate and agree to entry of the Final Summary Judgment
of Foreclosure to be entered against Defendant as follows:
i Plaintiff is the servicer of the note and mortgage and related security instruments that are
the subject matter of this foreclosure action, that certain Mortgage recorded November 19
2007, in Book 2221, Page 13, of the Official Records of Indian River County, Florida. This
Mortgage secures indebtedness in the original approximate amount of $215,000.00.
Defendants, Robert A. Edmonds a/k/a David Roberts and Roxanne R. Edmonds a/k/a
Roxanne Edmonds, own the real property that secures the note and mortgage and related
security instruments that are the subject matter of this foreclosure action.
Defendants and the undersigned counsel stipulate and agree to the entry of a Final
Summary Judgment of Foreclosure including the scheduling of a foreclosure sale by the
Court.
Defendants waive and release Plaintiff from any and all actions, causes of action, suits,
claims, demands, liabilities, obligations, damages, trespasses, whatsoever, known or
unknown, express or implied, vested or inchoate, at law or in equity from the beginning of
time up to and including the date of this Stipulation.
As the material inducement for Defendant’s consent to the entry of judgment, Plaintiff
hereby agrees to extend the sale date to not less than 120 days from the entry of final
judgment of foreclosure. Plaintiff will waive all rights to pursue a deficiency judgment
against Defendants, Robert A. Edmonds a/k/a David Roberts and Roxanne R. Edmonds
Electronically Filed in the Office of the Clerk of the Circuit Court - Flagler County, Florida
wk/a Roxanne Edmonds, with respect to the prot ory note and mortgage that is the
subject of the instant action, Phe term Plaintiffas referenced herein includes all ns.
tansierees, agents, servicers, investors and the like.
Defendants acknowledge the validity of the debt to Plaintiff under the
Loan Documents (the Note and Mortzi i yas set forth in Plaintiff's Complaint. including
principal, accrued pre-judgment interest, late fees. escrowed or non-eserowed taxes and
insurance, court costs, and attorsey’s fees, and any other related costs, and Defendants
agrees that nothing contained in this Stipulation will aller or amend any terms and
conditions of the Loan Document
The parties have entered into this Stipulation willingly, after having the epportunity io
consul! with counsel. The parties agree that there are no oral representations or
modifications allowed to this Stipulation or ig eed to by the parties,
Plain? and Defendants agree that the Stipulated Consent to Final Judgment of
Foreclosure against Defendant may be executed by signing an emailed pdf or fa imile
copy, and the executed copy with the parties’ signature is enforceable as if i were the
ori nal
9. Upon the es scution of this Stipulation by all parties, Plaintiff's counsel shall submit the
Final Judgment to the Court approving this Stipulation.
IN WITNE S REOF we have here unto to put our hands on the date set fork by each
signature,
A Ve Y
4i
Zach rey Esq. A |John Roberts, Esq, ae
wc
laBar Number 83745 4 Florida Bar Number Kat
Ajbertelli Law John Roberts and A! ockat PA
O. Bo: 3028 300 Interchange Blvd Ste £
ti
A mpa FL 33623 Ormond Beach, FL 32174-1859
ttorney for Plaintit? Attorney for Defendants
Date; lv Zo
O a Date: e
os
=
iS
IS-14- 167466 JOSHUA D, PASQUALONE
FLORIDA BAR,
NO. 41835
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Filing # 33892892 E-Filed 10/30/2015 02:12:07 PM IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT 1N AND FOR FLAGLER COUNTY, FLORIDA CIVIL ACTION CASE NO,: 2015-CA-000085 DIVISION: 49 ONEWEST BANK N.A., Plaintiff, VS. DAVID A EDMONDS AKA DAVID EDMONDS, et al, Defendant(s). i STIPULATED CONSENT TO FINAL JUDGMENT COMES NOW ONEWEST BANK, N.A., and Defendants, Robert A. Edmonds a/k/a David Roberts and Roxanne R. Edmonds a/k/a Roxanne Edmonds, (hereinafter referred to as “Defendants”}, by and through their undersigned attorneys, hereby stipulate and agree to entry of the Final Summary Judgment of Foreclosure to be entered against Defendant as follows: i Plaintiff is the servicer of the note and mortgage and related security instruments that are the subject matter of this foreclosure action, that certain Mortgage recorded November 19 2007, in Book 2221, Page 13, of the Official Records of Indian River County, Florida. This Mortgage secures indebtedness in the original approximate amount of $215,000.00. Defendants, Robert A. Edmonds a/k/a David Roberts and Roxanne R. Edmonds a/k/a Roxanne Edmonds, own the real property that secures the note and mortgage and related security instruments that are the subject matter of this foreclosure action. Defendants and the undersigned counsel stipulate and agree to the entry of a Final Summary Judgment of Foreclosure including the scheduling of a foreclosure sale by the Court. Defendants waive and release Plaintiff from any and all actions, causes of action, suits, claims, demands, liabilities, obligations, damages, trespasses, whatsoever, known or unknown, express or implied, vested or inchoate, at law or in equity from the beginning of time up to and including the date of this Stipulation. As the material inducement for Defendant’s consent to the entry of judgment, Plaintiff hereby agrees to extend the sale date to not less than 120 days from the entry of final judgment of foreclosure. Plaintiff will waive all rights to pursue a deficiency judgment against Defendants, Robert A. Edmonds a/k/a David Roberts and Roxanne R. Edmonds Electronically Filed in the Office of the Clerk of the Circuit Court - Flagler County, Florida wk/a Roxanne Edmonds, with respect to the prot ory note and mortgage that is the subject of the instant action, Phe term Plaintiffas referenced herein includes all ns. tansierees, agents, servicers, investors and the like. Defendants acknowledge the validity of the debt to Plaintiff under the Loan Documents (the Note and Mortzi i yas set forth in Plaintiff's Complaint. including principal, accrued pre-judgment interest, late fees. escrowed or non-eserowed taxes and insurance, court costs, and attorsey’s fees, and any other related costs, and Defendants agrees that nothing contained in this Stipulation will aller or amend any terms and conditions of the Loan Document The parties have entered into this Stipulation willingly, after having the epportunity io consul! with counsel. The parties agree that there are no oral representations or modifications allowed to this Stipulation or ig eed to by the parties, Plain? and Defendants agree that the Stipulated Consent to Final Judgment of Foreclosure against Defendant may be executed by signing an emailed pdf or fa imile copy, and the executed copy with the parties’ signature is enforceable as if i were the ori nal 9. Upon the es scution of this Stipulation by all parties, Plaintiff's counsel shall submit the Final Judgment to the Court approving this Stipulation. IN WITNE S REOF we have here unto to put our hands on the date set fork by each signature, A Ve Y 4i Zach rey Esq. A |John Roberts, Esq, ae wc laBar Number 83745 4 Florida Bar Number Kat Ajbertelli Law John Roberts and A! ockat PA O. Bo: 3028 300 Interchange Blvd Ste £ ti A mpa FL 33623 Ormond Beach, FL 32174-1859 ttorney for Plaintit? Attorney for Defendants Date; lv Zo O a Date: e os = iS IS-14- 167466 JOSHUA D, PASQUALONE FLORIDA BAR, NO. 41835