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CHARLOTTE COUNTY CLERK OF THE CIRCUIT COURT OR BOOK 3655, PGS 1765-1770 6
pg(s) INSTR # 2094403 Doc Type JUD, Recorded 05/09/2012 at 10:33 AM Cashier
By: ERECORD
IN THE CIRCUIT COURT FOR CHARLOTTE
COUNTY, FLORIDA. CIVIL DIVISION
CASE NO. 082011CA003707XXXXXX
THE BANK OF NEW YORK MELLON FKA THE
BANK OF NEW YORK, AS TRUSTEE FOR THE
CERTIFICATEHOLDERS OF CWALT, INC.,
ALTERNATIVE LOAN TRUST 2007-OHI,
MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2007-OH1,
on,
ze
Plaintiff, PED
ROW
vs. ena
Sab
ama
ELISE A. SHEPPARD; DONALD L. SHEPPARD; of,
WELLS FARGO BANK, N.A. AS SUCCESSOR TO oz
WACHOVIA BANK, N.A.,; UNKNOWN TENANT NO.
1; UNKNOWN TENANT NO. 2; and ALL UNKNOWN
PARTIES CLAIMING INTERESTS BY, THROUGH,
UNDER OR AGAINST A NAMED DEFENDANT TO
THIS ACTION, OR HAVING OR CLAIMING TO
HAVE ANY RIGHT, TITLE OR INTEREST IN THE
PROPERTY HEREIN DESCRIBED,
Defendants.
/
SUMMARY FINAL JUDGMENT
OF FORECLOSURE
THIS ACTION came before the Court upon pleadings and proofs submitted herein, the motion of
the Plaintiff, for the entry of a Summary Final Judgment, and on the evidence presented,
IT IS ADJUDGED THAT:
1 This Court has jurisdiction of the subject matter hereof and the parties hereto.
The equities of this action are with the Plaintiff, THE BANK OF NEW YORK MELLON FKA THE
BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC.,
ALTERNATIVE LOAN TRUST 2007-OH1, MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2007-OH1, There is due to the Plaintiff, the sums of money as hereafter set forth:
A Principal Balance $ 287,200.86
B. Interest at variable rate(s)
from March 1, 2011 thru March 12, 2012 $ 17,928.96 CIVIL
* CIVIL #0
OR BOOK 3655, Page Number: 1766 INSTR # 2094403 Page: 2 of 6
Interest from March 13, 2012 to May 1, 2012 1,128.00
Advance for Taxes 4,074.13
Advance for Insurance 1,561.05
Pre-Acceleration Late Charges 173.52
Property Inspection 75.00
Title Search 200.00
Filing Fee 1,957.50
Service of Process 300.00
Recording AOM 15.00
Mediation 400.00
Attorneys’ Fees $ 1,601.00
TOTAL $ 316,615.02
2. Plaintiff is entitled to receive attorney's fees set forth above as compensation for
12.72 hours reasonably expended at a rate of $175.00 per hour, as set forth in the filed affidavit.
However, pursuant to the Plaintiff's fee agreement with Smith, Hiatt & Diaz, P.A., the Plaintiff will pay
attorneys’ fees in the amount of $1601.00.
3. A lien is held by the Plaintiff for the total sum specified in paragraph 1, plus
interest, superior in dignity to any right, title, interest, or claim of the Defendants upon the mortgaged
property herein foreclosed situate, lying and being in Charlotte County, Florida, to-wit:
LOT 52, BAY HARBOR ESTATES, A SUBDIVISION ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT THEREOF, AS RECORDED IN PLAT BOOK
15, PAGE 26A THROUGH 26C, OF THE PUBLIC RECORDS OF CHARLOTTE
COUNTY, FLORIDA.
4 If the total sum due to the Plaintiff, plus interest on the unpaid principal at the
rate prescribed in the note and mortgage to date, and at the current statutory interest rate after the date
through which interest is calculated in paragraph 1 above, and all costs of this proceeding incurred after
the date of this Judgment are not forthwith paid, the Clerk of this Court shall sell that property at public
sale at 11:00 a.m. on the BE ay of 7 uly , 2012, to the highest bidder or bidders for cash
at the website of www.charlotte.realforeclose.com, after having first given notice as required by Section
OR BOOK 3655, Page Number: 1767 INSTR # 2094403 Page: 3 of 6
45.031, Florida Statutes, except the Clerk shall not conduct the sale unless the Plaintiff or its
representative is present to bid.
5. Plaintiff shall advance the cost of publishing the Notice of Sale and shall be
reimbursed by the Clerk out of the proceeds of the sale if the Plaintiff is not the purchaser of the
property, but such reimbursement will not be by the Clerk unless the Affidavit of Post Judgment
Advances has been filed. The purchaser at the sale shall pay, in addition to the amount bid, the Clerk's
fee, Clerk's registry fee and documentary stamps to be affixed to the Certificate of Title.
6 The Plaintiff may assign the Judgment or the bid to a third party without further
order of the Court.
7. If the Plaintiff or Plaintiff's assignee is the purchaser at the sale, the Clerk shall
credit on the bid of the Plaintiff or Plaintiff's assignee the total sum herein found to be due the Plaintiff or
such portion thereof as may be necessary to pay fully the bid of the Plaintiff or Plaintiff's assignee.
8 On filing the Certificate of Title, the Clerk shall distribute the proceeds of the
sale to Plaintiff c/o Smith, Hiatt & Diaz, P.A., PO BOX 11438, Fort Lauderdale, FL 33339-1438, so far
as they are sufficient, by paying:
A All of Plaintiff's costs,
B. Plaintiff's attorneys' fees,
c The total sum due to Plaintiff as set forth above, less the items paid, with interest
at the current statutory interest rate from the date through which interest is calculated in paragraph 1
above to the date of the sale. If, subsequent to the date of the Plaintiffs Affidavit of Indebtedness and
prior to the sale contemplated in paragraph 5 hereof, the Plaintiff has to advance money to protect its
mortgage lien, including but not limited to post judgment advances for property taxes and insurance,
property preservation costs, post judgment attorney's fees and costs and post judgment bankruptcy
attorney fees and costs, the Plaintiff or its Attorneys shall certify by affidavit to the Clerk and the amount
due to Plaintiff shall be increased by the amount of such advances without further order of the Court.
D The remaining proceeds, if any, shall be retained by the Clerk pending further
OR BOOK 3655, Page Number: 1768 INSTR # 2094403 Page: 4 of 6
Order of the Court.
9. If the United States of America is a Defendant in this action, they shall have the
right of redemption provided by 28 U.S.C. §2410(c) from the issuance of a Certificate of Title, but the
right shall thereafter expire.
10. Upon filing the Certificate of Sale, the Defendants and all persons claiming
under or against them since the filing of the Notice of Lis Pendens shall be foreclosed of all estate or
claim in the property, with the exception of any assessments that are superior pursuant to Florida
Statutes, Section 718.116 (effective 4/1/1992, as amended) or Florida Statutes 720.3085 (effective
7/1/2008). Upon issuance of the Certificate of Title, the purchaser at the sale shall be let into possession
of the property located at 1065 SCHOONER LN, ENGLEWOOD, FL 34224. The Clerk of the Court is
hereby specifically authorized to issue a Writ of Possession for the property which is the subject matter
of this action, and the Sheriff is hereby authorized to serve the Writ forthwith.
ll. 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.
12. IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO
FUNDS REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NOLATER
THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE
ENTITLED TO ANY REMAINING FUNDS.
13. 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, OF CHARLOTTE COUNTY 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.
OR BOOK 3655, Page Number: 1769 INSTR # 2094403 Page: 5 of 6
14. 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 THE COUNTY LEGAL
AID OFFICE OF FLORIDA RURAL LEGAL SERVICES, 350 E. MARION AVENUE, SUITE A1017
AND A1018, CHARLOTTE COUNTY JUSTICE CENTER, PUNTA GORDA, FL 33950, PHONE: (941)
505-9007 TO SEE IF YOU QUALIFY FINANCIALLY FOR THEIR SERVICES. 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 CHARLOTTE COUNTY AID
SERVICES FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF
THIS NOTICE.
15. The Court retains jurisdiction of this action to enter further orders as are proper
including, without limitation, deficiency judgments.
DONE AND ORDERED in Chambers at the Charlotte County Courthouse, Punta Gorda,
Ci it Judge
Copies furnished:
Gabrielle M Strauss, Esquire
SMITH, HIATT & DIAZ, P.A.
Attorneys for Plaintiff
PO BOX 11438
Fort Lauderdale, FL 33339-1438
Telephone: (954) 564-0071
All parties on the attached service list
1183-112197
CEW
OR BOOK 3655, Page Number: 1770 INSTR # 2094403 Page: 6 of 6
SERVICE LIST
Case No. 082011CA003707XXXXXX
DONALD L. SHEPPARD
1065 SCHOONER LN
CERTIFICATE OF SERVICE
ENGLEWOOD, FL 34224
| HEREBY CERTIFY thata true
joing
and correct copy of the f
has been furnished this Am dayof
ELISE A. SHEPPARD 20. to theparties
1065 SCHOONER LN at the address(s) indicated
BARBARA T. SCOTT, Clerk of the gy Aad
ENGLEWOOD, FL 34224 "NO
BY. a i {) si Vea
$x]
WELLS FARGO BANK, N.A.
ok,
AS SUCCESSOR TO WACHOVIA BANK, N.A. Corsi
President, Vice-President, or any other
officer authorized to accept service
503 S. PIERRE STREET
PIERRE, SD 57501
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CHARLOTTE COUNTY CLERK OF THE CIRCUIT COURT OR BOOK 3655, PGS 1765-1770 6 pg(s) INSTR # 2094403 Doc Type JUD, Recorded 05/09/2012 at 10:33 AM Cashier By: ERECORD IN THE CIRCUIT COURT FOR CHARLOTTE COUNTY, FLORIDA. CIVIL DIVISION CASE NO. 082011CA003707XXXXXX THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2007-OHI, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-OH1, on, ze Plaintiff, PED ROW vs. ena Sab ama ELISE A. SHEPPARD; DONALD L. SHEPPARD; of, WELLS FARGO BANK, N.A. AS SUCCESSOR TO oz WACHOVIA BANK, N.A.,; UNKNOWN TENANT NO. 1; UNKNOWN TENANT NO. 2; and ALL UNKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH, UNDER OR AGAINST A NAMED DEFENDANT TO THIS ACTION, OR HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE PROPERTY HEREIN DESCRIBED, Defendants. / SUMMARY FINAL JUDGMENT OF FORECLOSURE THIS ACTION came before the Court upon pleadings and proofs submitted herein, the motion of the Plaintiff, for the entry of a Summary Final Judgment, and on the evidence presented, IT IS ADJUDGED THAT: 1 This Court has jurisdiction of the subject matter hereof and the parties hereto. The equities of this action are with the Plaintiff, THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2007-OH1, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-OH1, There is due to the Plaintiff, the sums of money as hereafter set forth: A Principal Balance $ 287,200.86 B. Interest at variable rate(s) from March 1, 2011 thru March 12, 2012 $ 17,928.96 CIVIL * CIVIL #0 OR BOOK 3655, Page Number: 1766 INSTR # 2094403 Page: 2 of 6 Interest from March 13, 2012 to May 1, 2012 1,128.00 Advance for Taxes 4,074.13 Advance for Insurance 1,561.05 Pre-Acceleration Late Charges 173.52 Property Inspection 75.00 Title Search 200.00 Filing Fee 1,957.50 Service of Process 300.00 Recording AOM 15.00 Mediation 400.00 Attorneys’ Fees $ 1,601.00 TOTAL $ 316,615.02 2. Plaintiff is entitled to receive attorney's fees set forth above as compensation for 12.72 hours reasonably expended at a rate of $175.00 per hour, as set forth in the filed affidavit. However, pursuant to the Plaintiff's fee agreement with Smith, Hiatt & Diaz, P.A., the Plaintiff will pay attorneys’ fees in the amount of $1601.00. 3. A lien is held by the Plaintiff for the total sum specified in paragraph 1, plus interest, superior in dignity to any right, title, interest, or claim of the Defendants upon the mortgaged property herein foreclosed situate, lying and being in Charlotte County, Florida, to-wit: LOT 52, BAY HARBOR ESTATES, A SUBDIVISION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT THEREOF, AS RECORDED IN PLAT BOOK 15, PAGE 26A THROUGH 26C, OF THE PUBLIC RECORDS OF CHARLOTTE COUNTY, FLORIDA. 4 If the total sum due to the Plaintiff, plus interest on the unpaid principal at the rate prescribed in the note and mortgage to date, and at the current statutory interest rate after the date through which interest is calculated in paragraph 1 above, and all costs of this proceeding incurred after the date of this Judgment are not forthwith paid, the Clerk of this Court shall sell that property at public sale at 11:00 a.m. on the BE ay of 7 uly , 2012, to the highest bidder or bidders for cash at the website of www.charlotte.realforeclose.com, after having first given notice as required by Section OR BOOK 3655, Page Number: 1767 INSTR # 2094403 Page: 3 of 6 45.031, Florida Statutes, except the Clerk shall not conduct the sale unless the Plaintiff or its representative is present to bid. 5. Plaintiff shall advance the cost of publishing the Notice of Sale and shall be reimbursed by the Clerk out of the proceeds of the sale if the Plaintiff is not the purchaser of the property, but such reimbursement will not be by the Clerk unless the Affidavit of Post Judgment Advances has been filed. The purchaser at the sale shall pay, in addition to the amount bid, the Clerk's fee, Clerk's registry fee and documentary stamps to be affixed to the Certificate of Title. 6 The Plaintiff may assign the Judgment or the bid to a third party without further order of the Court. 7. If the Plaintiff or Plaintiff's assignee is the purchaser at the sale, the Clerk shall credit on the bid of the Plaintiff or Plaintiff's assignee the total sum herein found to be due the Plaintiff or such portion thereof as may be necessary to pay fully the bid of the Plaintiff or Plaintiff's assignee. 8 On filing the Certificate of Title, the Clerk shall distribute the proceeds of the sale to Plaintiff c/o Smith, Hiatt & Diaz, P.A., PO BOX 11438, Fort Lauderdale, FL 33339-1438, so far as they are sufficient, by paying: A All of Plaintiff's costs, B. Plaintiff's attorneys' fees, c The total sum due to Plaintiff as set forth above, less the items paid, with interest at the current statutory interest rate from the date through which interest is calculated in paragraph 1 above to the date of the sale. If, subsequent to the date of the Plaintiffs Affidavit of Indebtedness and prior to the sale contemplated in paragraph 5 hereof, the Plaintiff has to advance money to protect its mortgage lien, including but not limited to post judgment advances for property taxes and insurance, property preservation costs, post judgment attorney's fees and costs and post judgment bankruptcy attorney fees and costs, the Plaintiff or its Attorneys shall certify by affidavit to the Clerk and the amount due to Plaintiff shall be increased by the amount of such advances without further order of the Court. D The remaining proceeds, if any, shall be retained by the Clerk pending further OR BOOK 3655, Page Number: 1768 INSTR # 2094403 Page: 4 of 6 Order of the Court. 9. If the United States of America is a Defendant in this action, they shall have the right of redemption provided by 28 U.S.C. §2410(c) from the issuance of a Certificate of Title, but the right shall thereafter expire. 10. Upon filing the Certificate of Sale, the Defendants and all persons claiming under or against them since the filing of the Notice of Lis Pendens shall be foreclosed of all estate or claim in the property, with the exception of any assessments that are superior pursuant to Florida Statutes, Section 718.116 (effective 4/1/1992, as amended) or Florida Statutes 720.3085 (effective 7/1/2008). Upon issuance of the Certificate of Title, the purchaser at the sale shall be let into possession of the property located at 1065 SCHOONER LN, ENGLEWOOD, FL 34224. The Clerk of the Court is hereby specifically authorized to issue a Writ of Possession for the property which is the subject matter of this action, and the Sheriff is hereby authorized to serve the Writ forthwith. ll. 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. 12. IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NOLATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. 13. 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, OF CHARLOTTE COUNTY 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. OR BOOK 3655, Page Number: 1769 INSTR # 2094403 Page: 5 of 6 14. 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 THE COUNTY LEGAL AID OFFICE OF FLORIDA RURAL LEGAL SERVICES, 350 E. MARION AVENUE, SUITE A1017 AND A1018, CHARLOTTE COUNTY JUSTICE CENTER, PUNTA GORDA, FL 33950, PHONE: (941) 505-9007 TO SEE IF YOU QUALIFY FINANCIALLY FOR THEIR SERVICES. 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 CHARLOTTE COUNTY AID SERVICES FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE. 15. The Court retains jurisdiction of this action to enter further orders as are proper including, without limitation, deficiency judgments. DONE AND ORDERED in Chambers at the Charlotte County Courthouse, Punta Gorda, Ci it Judge Copies furnished: Gabrielle M Strauss, Esquire SMITH, HIATT & DIAZ, P.A. Attorneys for Plaintiff PO BOX 11438 Fort Lauderdale, FL 33339-1438 Telephone: (954) 564-0071 All parties on the attached service list 1183-112197 CEW OR BOOK 3655, Page Number: 1770 INSTR # 2094403 Page: 6 of 6 SERVICE LIST Case No. 082011CA003707XXXXXX DONALD L. SHEPPARD 1065 SCHOONER LN CERTIFICATE OF SERVICE ENGLEWOOD, FL 34224 | HEREBY CERTIFY thata true joing and correct copy of the f has been furnished this Am dayof ELISE A. SHEPPARD 20. to theparties 1065 SCHOONER LN at the address(s) indicated BARBARA T. SCOTT, Clerk of the gy Aad ENGLEWOOD, FL 34224 "NO BY. a i {) si Vea $x] WELLS FARGO BANK, N.A. ok, AS SUCCESSOR TO WACHOVIA BANK, N.A. Corsi President, Vice-President, or any other officer authorized to accept service 503 S. PIERRE STREET PIERRE, SD 57501