Preview
Filing # 167029459 E-Filed 02/17/2023 11:40:36 AM
IN THE CIRCUIT COURT OF THE TWELFTH
JUDICIAL CIRCUIT IN AND FOR DESOTO
COUNTY, FLORIDA.
CIVIL DIVISION
CASE NO, 2022CA000280AXMA
THE BANK OF NEW YORK MELLON FKA THE
BANK OF NEW YORK AS TRUSTEE FOR THE
CERTIFICATEHOLDERS OF THE CWABS, INC.,
ASSET-BACKED CERTIFICATES, SERIES 2005-
AB4,
Plaintiff,
vs.
GLORIA A. ANTHONY; ET AL,,
Defendant(s).
/
AMENDED 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 Jeffrey M. Seiden and I am an attorney of the Firm of Diaz Anselmo & Associates,
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 Diaz Anselmo & Associates, P.A. has a fee agreement wherein the Plaintiff is
obligated to pay 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 attomeys
representing the Plaintiff, and is based on (i) a flat fee of $4,350.00 for uncontested foreclosures, and (i) in
the event the matter requires representation that is not contemplated in the flat fee agreement the Plaintiff
is required to pay additional fees to file necessary pleadings, attend legal proceedings and otherwise respond
to issues raised in the subject case, which additional fees are based on the nature of the issue and based on
an hourly rate, as reflected below.
TITLE
Electronically
Dina Aeselme Be Assoctatayy RZxoisentitled,
to /be2paid -to-semplete a title examination and to
prepare a title report to be utilized in the preparation of a foreclosure complaint. The foregoing includes
time related to (i) obtaining a title base, (#) examining title, (dif) ordering necessary documents related to
status of title and (iv) preparation of a title status report.
COSTS
4. Plaintiff is entitled to recover the following costs incurred in the above styled foreclosure
proceedings.
Description Amount
Complaint 1970.00
LP recording 26.00
Service of Process 429.13
Notice of Action 291,72
Total Costs $2716.85
5. Pursuant to the fee agreement, Plaintiff is obligated to pay Diaz Anselmo & Associates, P.A.
reasonable attorneys’ fee incurred in this case.
FLAT FEE
6. The work in this case was completed by attorneys and non-attorney staff. In reviewing the above
styled case, I have determined the following is a description of the work contemplated under the flat fee
agreement:
Review and analyze the title status report
and prepare synopsis of necessary defendants
for preparation of complaint.
Research and obtain current location of Defendant(s).
Draft Complaint for Foreclosure; draft Notice of Lis
Pendens; Draft Summonses necessary to foreclose
mortgage joining all necessary parties.
Arrange for filing of complaint; compile documents for
service of process.
Review file; draft Affidavit of Indebtedness; drafted
correspondence to client.
Receive and docket conformed Notice of Lis Pendens.
Obtain and review title update reflecting title status
through the recording of is pendens and obtain and review
ne
liens.
Receive and docket Return(s) of Service.
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.
Receive and Review Affidavit of Indebtedness from client.
Communicate with attomey acting as expert and draft Affidavit
of Reasonable Attorneys Fees, draft Affidavit of Fees
and Costs.
The above descriptions are not based on contemporaneous time records, and are based on the Affiant's
experience of the services required to prosecute an uncontested foreclosure.
7. In addition to the foregoing, Diaz Anselmo & Associates, P.A. will also provide the following
Tepresentation prior to the hearing on Plaintiff's Motion for Summary Judgment, (i) Receive and review al!
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.
8. Post judgment, Diaz Anselmo & Associates, P.A. will be obligated to provide representation
which includes, but is not necessarily limited to (7) review and proof sale publication (i/) coordination of
bidding at sale, (iii) calculation of supplemental amounts due, (iv) draft Supplemental Affidavit of Amounts
Due, (¥) 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.
9. Based on the-status of the above styled case, Diaz Anselmo & Associates, P.A. is entitled to be
paid, (/) the title search fee, (i/) reasonable Attorneys’ fees, and (iii) reimbursement of costs, in the amounts
reflected herein.
10. A reasonable fee for the work described above would be $4,350.00, based on the flat fee
agreement.
ADDITIONAL FEE
11. In addition to the flat fee, the Plaintiff is obligated to pay the following fees for representation
which are not included in the flat fee agreement, the fees are based on an hourly rate which varies by date
between $175.00 to $225.00 and are based on both contemporaneous time and/or a flat fee.
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 case together with any applicable
required additional fee as set forth below.
Description Total
Draft Amended Affidavit of Indebtedness and send to client for execution. 80.00
Follow up on execution. Receipt and review of executed Affidavit.
80.00
dy
THIS CONCLUDES THIS AMENDED AFFIDAVIT
Jeffrey M. Seiden
Florida Bar No. 5
ie rn to and subscribed before me, by means of
physii presence
this | day of Pe:2
C) online notarization,
2023
by Jeffrey M. Seiden,
who is personal! own to me and who did take an oath.
[/\
Notary Public, ‘State of Florida (SEAL)
My commission expires.
1496-183232 / RKA.
RMONTREVIL
MY COT SIGN # i 193545
Ext 13, 2025
Doarlo« TI cry Pui
aaa laclorwriters
Preview
Filing # 167029459 E-Filed 02/17/2023 11:40:36 AM IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR DESOTO COUNTY, FLORIDA. CIVIL DIVISION CASE NO, 2022CA000280AXMA THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2005- AB4, Plaintiff, vs. GLORIA A. ANTHONY; ET AL,, Defendant(s). / AMENDED 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 Jeffrey M. Seiden and I am an attorney of the Firm of Diaz Anselmo & Associates, 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 Diaz Anselmo & Associates, P.A. has a fee agreement wherein the Plaintiff is obligated to pay 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 attomeys representing the Plaintiff, and is based on (i) a flat fee of $4,350.00 for uncontested foreclosures, and (i) in the event the matter requires representation that is not contemplated in the flat fee agreement the Plaintiff is required to pay additional fees to file necessary pleadings, attend legal proceedings and otherwise respond to issues raised in the subject case, which additional fees are based on the nature of the issue and based on an hourly rate, as reflected below. TITLE Electronically Dina Aeselme Be Assoctatayy RZxoisentitled, to /be2paid -to-semplete a title examination and to prepare a title report to be utilized in the preparation of a foreclosure complaint. The foregoing includes time related to (i) obtaining a title base, (#) examining title, (dif) ordering necessary documents related to status of title and (iv) preparation of a title status report. COSTS 4. Plaintiff is entitled to recover the following costs incurred in the above styled foreclosure proceedings. Description Amount Complaint 1970.00 LP recording 26.00 Service of Process 429.13 Notice of Action 291,72 Total Costs $2716.85 5. Pursuant to the fee agreement, Plaintiff is obligated to pay Diaz Anselmo & Associates, P.A. reasonable attorneys’ fee incurred in this case. FLAT FEE 6. The work in this case was completed by attorneys and non-attorney staff. In reviewing the above styled case, I have determined the following is a description of the work contemplated under the flat fee agreement: Review and analyze the title status report and prepare synopsis of necessary defendants for preparation of complaint. Research and obtain current location of Defendant(s). Draft Complaint for Foreclosure; draft Notice of Lis Pendens; Draft Summonses necessary to foreclose mortgage joining all necessary parties. Arrange for filing of complaint; compile documents for service of process. Review file; draft Affidavit of Indebtedness; drafted correspondence to client. Receive and docket conformed Notice of Lis Pendens. Obtain and review title update reflecting title status through the recording of is pendens and obtain and review ne liens. Receive and docket Return(s) of Service. 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. Receive and Review Affidavit of Indebtedness from client. Communicate with attomey acting as expert and draft Affidavit of Reasonable Attorneys Fees, draft Affidavit of Fees and Costs. The above descriptions are not based on contemporaneous time records, and are based on the Affiant's experience of the services required to prosecute an uncontested foreclosure. 7. In addition to the foregoing, Diaz Anselmo & Associates, P.A. will also provide the following Tepresentation prior to the hearing on Plaintiff's Motion for Summary Judgment, (i) Receive and review al! 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. 8. Post judgment, Diaz Anselmo & Associates, P.A. will be obligated to provide representation which includes, but is not necessarily limited to (7) review and proof sale publication (i/) coordination of bidding at sale, (iii) calculation of supplemental amounts due, (iv) draft Supplemental Affidavit of Amounts Due, (¥) 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. 9. Based on the-status of the above styled case, Diaz Anselmo & Associates, P.A. is entitled to be paid, (/) the title search fee, (i/) reasonable Attorneys’ fees, and (iii) reimbursement of costs, in the amounts reflected herein. 10. A reasonable fee for the work described above would be $4,350.00, based on the flat fee agreement. ADDITIONAL FEE 11. In addition to the flat fee, the Plaintiff is obligated to pay the following fees for representation which are not included in the flat fee agreement, the fees are based on an hourly rate which varies by date between $175.00 to $225.00 and are based on both contemporaneous time and/or a flat fee. 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 case together with any applicable required additional fee as set forth below. Description Total Draft Amended Affidavit of Indebtedness and send to client for execution. 80.00 Follow up on execution. Receipt and review of executed Affidavit. 80.00 dy THIS CONCLUDES THIS AMENDED AFFIDAVIT Jeffrey M. Seiden Florida Bar No. 5 ie rn to and subscribed before me, by means of physii presence this | day of Pe:2 C) online notarization, 2023 by Jeffrey M. Seiden, who is personal! own to me and who did take an oath. [/\ Notary Public, ‘State of Florida (SEAL) My commission expires. 1496-183232 / RKA. RMONTREVIL MY COT SIGN # i 193545 Ext 13, 2025 Doarlo« TI cry Pui aaa laclorwriters