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IN THE CIRCUIT COURT FOR CHARLOTTE z
COUNTY, FLORIDA. CIVIL DIVISION
CASE NO. 082011CA003707XXXXXX vy
wa
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,
Plaintiff,
vs.
ELISE A. SHEPPARD; DONALD L. SHEPPARD;
WELLS FARGO BANK, N.A. AS SUCCESSOR TO
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.
/
AFFIDAVIT OF ATTORNEYS' FEES AND COSTS
STATE OF FLORIDA )
COUNTY OF BROWARD )
BEFORE ME, personally appeared the undersigned Affiant, who under oath, did depose and say:
1. My name is Michael L. Eisenband and I am an attorney of the Firm of Smith, Hiatt & Diaz,
P.A., and counsel for the Plaintiff in the above-styled case. I have personal knowledge of the facts set
forth herein.
2. The firm of Smith, Hiatt & Diaz, P.A. has a fee agreement wherein it is entitled to be paid
certain attorneys’ fees and reimbursement of certain costs related to representation of the Plaintiff in the
above styled matter. The fee agreement is commensurate with the experience of the attorneys
representing the Plaintiff, and is based on (i) a flat fee of $1,300.00 for uncontested foreclosures, and (ii)
client approved additional fees to file necessary pleadings and otherwise respond to issues that may be
raised by a Defendant, which additional fees are based on the nature of the response and based on an
hourly rate, as reflected below.
3 Pursuant to the fee agreement, Smith, Hiatt & Diaz, P.A. is entitled to receive
reimbursement of the following costs incurred in the above styled foreclosure proceedings.
A. Filing Fee $ 1,957.50
B Service of Process $ 300.00
Cc. Recording Fee $ 15.00
D. Mediation Fee $ 400.00
TOTAL COSTS $ 2,672.50
4. Pursuant to the fee agreement, Smith, Hiatt & Diaz, P.A. is entitled to be paid a reasonable
attorneys’ fee for this case.
5. The work in this case was completed by attorneys and paralegals. In reviewing the above
styled case, I have determined the following is a description of the work completed together with
applicable time value that the firm estimates is associated therewith:
Receive and review initial documentation,
including loan documents and communication
from client; establish legal file. 40
Review and analyze the title status report
and prepare synopsis of necessary defendants
for preparation of complaint. 80
Research and obtain current location of Defendant(s). 40
Draft Complaint for Foreclosure; draft Notice of Lis
Pendens; Draft Summonses necessary to foreclose
mortgage joining all necessary parties. 1.50
Arrange for filing of complaint; compile documents for
service of process. 40
Review file; draft Affidavit of Indebtedness; drafted
correspondence to client. 70
Receive and docket conformed Notice of Lis Pendens. 20
Obtain and review title update reflecting title status
through the recording of lis pendens and obtain and review
Defendant name search update to determine intervening
liens. AQ
Receive and docket Return(s) of Service. AQ
Receive and Review Affidavit of Indebtedness from client. 30
Prepared and sent Assignment of Mortgage to client
for execution. A3
This property is subject to a mandatory mediation administrative
order. We have reviewed the service returns for property
occupancy, reviewed the file for pleadings, corresponded
with third parties and the managed mediator pursuant to the
administrative order. 1.71
Review file; arrange setting of hearing of Motion for
Summary Judgment; draft Motion for Summary Judgment;
draft Notice of Hearing; draft letter(s) to Court regarding
motion. 1.50
Communicate with attorney acting as expert and draft Affidavit
of Reasonable Attorneys Fees, draft Affidavit of Fees
and Costs. 1.00
The times reflected above are not based on contemporaneous time records, and are based on the A ffiant's
experience of the time required to complete the services described therein.
6. In addition to the foregoing, Smith, Hiatt & Diaz, P.A. will also be obligated to provide the
following representation prior to the hearing on Plaintiff's Motion for Summary Judgment, (i) Receive
and review all Answers filed by applicable defendant(s), (ii) Draft Motion for Clerk’s default; draft non-
military affidavits for any applicable Defendants, (iii) Draft proposed Final Judgment, (iv) Draft Notice
of Sale, (v) Draft Certificate of Sale, (vi) Draft Certificate of Title, (vii) Draft Certificate of
Disbursement, (viii) Prepare Final Disposition.(ix) Review file in preparation of hearing, and (x) Attend
Hearing on Motion for Summary Final Judgment.
7. Post judgment, Smith, Hiatt & Diaz, P.A. will be obligated to provide representation which
includes, but is not necessarily limited to (i) review and proof sale publication (ii) coordination of
bidding at sale, (iii) calculation of supplemental amounts due, (iv) draft Supplemental Affidavit of
Amounts Due, (v) correspondence related to bidding at sale including bidding instruction, (vi)
correspondence to client regarding sale, (vii) receipt and review of Certificate of Sale, (viii) receipt and
review of Certificate of Title
8. Based on the status of the above styled case, Smith, Hiatt & Diaz, P.A. is entitled to be paid.
(i) the title search fee , (i/) reasonable Attorneys’ fees , and (ii) reimbursement of costs, in the amounts
reflected herein.
9. Upon reviewing the above styled case, a reasonable fee for the work described above would
be $1,300.00, based on the flat fee agreement, together with necessary reasonable time expended to
respond to any issue that may be raised by a Defendant, based on an hourly rate of $175.00 per hour.
10. Plaintiff agreed to pay its attorneys a reasonable fee for legal services in connection with this
foreclosure based on the above described flat fee for an uncontested gether with any applicable
required additional fee.
THIS CONCLUDES THIS AFFIDAVIT.
ichael L. Eisenband
lorida Bar No.94235
Waren,
So
Neo
to and subscribed before me this2_ day
2012 by Michael L. Eisenband,
pow to me and who did take an oath.
lg
ace
he P. Gresham i JOHNP.
MY COMMIS#SIO
EE 16750
N3
Notary Public, State of Florida
Bonded Thru February 7, 2016
My Commission Expires: 2/7/2016 i Sa
1183-112197
JPG
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IN THE CIRCUIT COURT FOR CHARLOTTE z COUNTY, FLORIDA. CIVIL DIVISION CASE NO. 082011CA003707XXXXXX vy wa 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, Plaintiff, vs. ELISE A. SHEPPARD; DONALD L. SHEPPARD; WELLS FARGO BANK, N.A. AS SUCCESSOR TO 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. / AFFIDAVIT OF ATTORNEYS' FEES AND COSTS STATE OF FLORIDA ) COUNTY OF BROWARD ) BEFORE ME, personally appeared the undersigned Affiant, who under oath, did depose and say: 1. My name is Michael L. Eisenband and I am an attorney of the Firm of Smith, Hiatt & Diaz, P.A., and counsel for the Plaintiff in the above-styled case. I have personal knowledge of the facts set forth herein. 2. The firm of Smith, Hiatt & Diaz, P.A. has a fee agreement wherein it is entitled to be paid certain attorneys’ fees and reimbursement of certain costs related to representation of the Plaintiff in the above styled matter. The fee agreement is commensurate with the experience of the attorneys representing the Plaintiff, and is based on (i) a flat fee of $1,300.00 for uncontested foreclosures, and (ii) client approved additional fees to file necessary pleadings and otherwise respond to issues that may be raised by a Defendant, which additional fees are based on the nature of the response and based on an hourly rate, as reflected below. 3 Pursuant to the fee agreement, Smith, Hiatt & Diaz, P.A. is entitled to receive reimbursement of the following costs incurred in the above styled foreclosure proceedings. A. Filing Fee $ 1,957.50 B Service of Process $ 300.00 Cc. Recording Fee $ 15.00 D. Mediation Fee $ 400.00 TOTAL COSTS $ 2,672.50 4. Pursuant to the fee agreement, Smith, Hiatt & Diaz, P.A. is entitled to be paid a reasonable attorneys’ fee for this case. 5. The work in this case was completed by attorneys and paralegals. In reviewing the above styled case, I have determined the following is a description of the work completed together with applicable time value that the firm estimates is associated therewith: Receive and review initial documentation, including loan documents and communication from client; establish legal file. 40 Review and analyze the title status report and prepare synopsis of necessary defendants for preparation of complaint. 80 Research and obtain current location of Defendant(s). 40 Draft Complaint for Foreclosure; draft Notice of Lis Pendens; Draft Summonses necessary to foreclose mortgage joining all necessary parties. 1.50 Arrange for filing of complaint; compile documents for service of process. 40 Review file; draft Affidavit of Indebtedness; drafted correspondence to client. 70 Receive and docket conformed Notice of Lis Pendens. 20 Obtain and review title update reflecting title status through the recording of lis pendens and obtain and review Defendant name search update to determine intervening liens. AQ Receive and docket Return(s) of Service. AQ Receive and Review Affidavit of Indebtedness from client. 30 Prepared and sent Assignment of Mortgage to client for execution. A3 This property is subject to a mandatory mediation administrative order. We have reviewed the service returns for property occupancy, reviewed the file for pleadings, corresponded with third parties and the managed mediator pursuant to the administrative order. 1.71 Review file; arrange setting of hearing of Motion for Summary Judgment; draft Motion for Summary Judgment; draft Notice of Hearing; draft letter(s) to Court regarding motion. 1.50 Communicate with attorney acting as expert and draft Affidavit of Reasonable Attorneys Fees, draft Affidavit of Fees and Costs. 1.00 The times reflected above are not based on contemporaneous time records, and are based on the A ffiant's experience of the time required to complete the services described therein. 6. In addition to the foregoing, Smith, Hiatt & Diaz, P.A. will also be obligated to provide the following representation prior to the hearing on Plaintiff's Motion for Summary Judgment, (i) Receive and review all Answers filed by applicable defendant(s), (ii) Draft Motion for Clerk’s default; draft non- military affidavits for any applicable Defendants, (iii) Draft proposed Final Judgment, (iv) Draft Notice of Sale, (v) Draft Certificate of Sale, (vi) Draft Certificate of Title, (vii) Draft Certificate of Disbursement, (viii) Prepare Final Disposition.(ix) Review file in preparation of hearing, and (x) Attend Hearing on Motion for Summary Final Judgment. 7. Post judgment, Smith, Hiatt & Diaz, P.A. will be obligated to provide representation which includes, but is not necessarily limited to (i) review and proof sale publication (ii) coordination of bidding at sale, (iii) calculation of supplemental amounts due, (iv) draft Supplemental Affidavit of Amounts Due, (v) correspondence related to bidding at sale including bidding instruction, (vi) correspondence to client regarding sale, (vii) receipt and review of Certificate of Sale, (viii) receipt and review of Certificate of Title 8. Based on the status of the above styled case, Smith, Hiatt & Diaz, P.A. is entitled to be paid. (i) the title search fee , (i/) reasonable Attorneys’ fees , and (ii) reimbursement of costs, in the amounts reflected herein. 9. Upon reviewing the above styled case, a reasonable fee for the work described above would be $1,300.00, based on the flat fee agreement, together with necessary reasonable time expended to respond to any issue that may be raised by a Defendant, based on an hourly rate of $175.00 per hour. 10. Plaintiff agreed to pay its attorneys a reasonable fee for legal services in connection with this foreclosure based on the above described flat fee for an uncontested gether with any applicable required additional fee. THIS CONCLUDES THIS AFFIDAVIT. ichael L. Eisenband lorida Bar No.94235 Waren, So Neo to and subscribed before me this2_ day 2012 by Michael L. Eisenband, pow to me and who did take an oath. lg ace he P. Gresham i JOHNP. MY COMMIS#SIO EE 16750 N3 Notary Public, State of Florida Bonded Thru February 7, 2016 My Commission Expires: 2/7/2016 i Sa 1183-112197 JPG