Preview
Filing # 164072613 E-Filed 01/04/2023 02:38:12 PM
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; MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC. AS
NOMINEE FOR COUNTRYWIDE HOME LOANS.
INC,; LAKE SUZY PROPERTY OWNERS.
ASSOCIATION, INC.; 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.
Defendant(s).
NOTICE OF FILING
AFFIDAVIT OF REASONABLENESS AS TO ATTORNEYS’ FEES
The Plaintiff, 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, by its. undersigned. attorneys, files. a_copy_of_ the attached
AFFIDAVIT OF REASONABLENESS AS TO ATTORNEYS’ FEES.
CERTIFICATE OF SERVICE
T HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by regular
jeune
7& 2i
U.S. Mail, Facsimile, or electronic mail this i op Dacerbes ‘ 2022 to all parties on the attached
service-list. All parties for whom an e-mail address has not been designated or a mailing address is not
Electronically Filed DeSoto Case # 2022CA000280AXMA 01/04/2023 02:38:12 PM
available are hereby notified that a copy of the served document may be obtained, on request, from the clerk
of the court or from the party serving the document.
By: ‘
Jeffrey M. Seid le)
Florida Bar No. Lol
Roy Diaz, Attorney of Record
Florida Bar No. 767700
Diaz Anselmo & Associates, P.A.
Attomeys for Plaintiff
499 NW 70th Ave., Suite 309
Fort Lauderdale, FL 33317
Telephone: (954) 564-0071
Faesimile: (954) 564-9252
Service E-mail: answers@dallegal.com
1496-183232 /RKA
SERVICE LIST
Case No. 2022CA000280AXMA
UNKNOWN TENANT NO. 1
11600 SW Courtly Manor Drive
Lake Suzy, FL 34269
UNKNOWN TENANT NO. 2
11600 SW Courtly Manor Drive
Lake Suzy, FL 34269
GLORIA A. ANTHONY
11600 SW COURTLY MANOR DRIVE
LAKE SUZY, FL 34269
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, AS NOMINEE FOR
COUNTRY WIDE HOME LOANS, INC.
c/o C, T, Corporation, R.A.
1200 South Pine Island Road
Plantation, FL 33324
LAKE SUZY PROPERTY OWNERS ASSOCIATION, INC.
c/o Cynthia Casazza, R.A.
12559 SW Kings Row
Lake Suzy, FL 34269
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-
ABA,
Plaintiff,
vs.
GLORIA A. ANTHONY; MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC. AS
NOMINEE FOR COUNTRYWIDE HOME LOANS,
INC.; LAKE SUZY PROPERTY OWNERS
ASSOCIATION, INC.; UNKNOWN TENANT NO. 1;
UNKNOWN TENANT NO. 2; and ALL UNKNOWN
PARTIES CLAIMING INTERESTS BY, FHROUGH,
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,
Defendant(s).
/
AFFIDAVIT OF REASONABLENESS AS TO ATTORNEYS’ FEES
STATE OF FLORIDA )
)ss.
COUNTY OF BROWARD )
1, Erajh Panditaratne, the undersigned, do hereby state on oath as follows:
T.am.an attorney_at law. licensed to. practice in Florida, and have. been admitted to the practice of.
law in the State of Florida since September 19th, 2003.
Lam personally familiar with the procedure of mortgage foreclosures in Florida, and with the fees
usually charged by attorneys in conducting such suits.
T am personally familiar with the law firm of Diaz Anselmo & Associates, P.A. and how the Firm
processes foreclosure files. I am further familiar with the fee agreement the Firm has with its clients
regarding foreclosure files.
Tam familiar with Rule 4-1.5(b) of the Rules Regulating the Florida Bar, aud have taken into
account the factors set forth in such Rule for the determination of reasonable attomeys’ fees.
1am familiar with and have considered the dictates of the Florida Supreme Court in the case of
Florida Patient’s Compensation Fund y, Rowe, 472 So.2d 1145 (1985) for the determination of reasonable
attorneys’ fees.
Tn arriving at my opinion of the value of reasonable attorneys’ fees in this matter I have 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.
The likelihood that acceptance of the particular employment will preclude other
employment for the lawyer.
The fee or rate of fee customarily charged in the locality for services of a
comparable or similar nature, including the aspect of discounted fees.
The amount involved and the result to be obtained.
The time limitations imposed by the client or the circumstances.
The nature and length of professional relationship with the client
&. The experience, reputation and ability of the lawyers performing the services.
h Whether the fee is fixed or contingent,
Diaz Anselmo & Associates, P.A. has reached a fee agreement with their client wherein the Firm
is paid based on a flat fee for uncontested foreclosures, such as this matter. The Firm is paid a flat fee of
$ 4,3
4,350.00
9.00 for an uncontested foreclosure. To the extent an issue is raised which fails to raise a genuine
issue of fact, but must be replied to, the Firm is paid on a flat fee basis for a response to the issue. The Firm
does not maintain specific time records for uncontested foreclosures pursuant to it’s flat fee arrangement,
therefore I have not reviewed specific time records.
Tam familiar with the specific steps and requirements that the Firm must complete to handle an
uncontested foreclosure to its conclusion. This knowledge, together with my understanding of the flat fee
agreement, leads me to the opinion that a fee of $4,350.00 is reasonable. In my opinion reviewing the actual
file in this case is not necessary and would be futile, therefore I have not reviewed the actual file.
- }
f
THIS CONCLUDES THIS AFFIDAVIT 4
ee
Gf phew
ba
Eraj ion Panditaratne
Ee 223
es
The foregoing instrum: C1 knowledged.
4
before me, by means of #7 physical pres:
or 0 ontine notarization, this gy day
by Erajh Marion Panditaratne, who is
4 be
personally known to me and who did take’an oath,
Notary Public
My commission expires:
1496-183232 /RKA
CINDY L WITT
MY COMMISSION # HH 297416
EXPIRES:
May 23, 2026
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Filing # 164072613 E-Filed 01/04/2023 02:38:12 PM 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; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR COUNTRYWIDE HOME LOANS. INC,; LAKE SUZY PROPERTY OWNERS. ASSOCIATION, INC.; 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. Defendant(s). NOTICE OF FILING AFFIDAVIT OF REASONABLENESS AS TO ATTORNEYS’ FEES The Plaintiff, 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, by its. undersigned. attorneys, files. a_copy_of_ the attached AFFIDAVIT OF REASONABLENESS AS TO ATTORNEYS’ FEES. CERTIFICATE OF SERVICE T HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by regular jeune 7& 2i U.S. Mail, Facsimile, or electronic mail this i op Dacerbes ‘ 2022 to all parties on the attached service-list. All parties for whom an e-mail address has not been designated or a mailing address is not Electronically Filed DeSoto Case # 2022CA000280AXMA 01/04/2023 02:38:12 PM available are hereby notified that a copy of the served document may be obtained, on request, from the clerk of the court or from the party serving the document. By: ‘ Jeffrey M. Seid le) Florida Bar No. Lol Roy Diaz, Attorney of Record Florida Bar No. 767700 Diaz Anselmo & Associates, P.A. Attomeys for Plaintiff 499 NW 70th Ave., Suite 309 Fort Lauderdale, FL 33317 Telephone: (954) 564-0071 Faesimile: (954) 564-9252 Service E-mail: answers@dallegal.com 1496-183232 /RKA SERVICE LIST Case No. 2022CA000280AXMA UNKNOWN TENANT NO. 1 11600 SW Courtly Manor Drive Lake Suzy, FL 34269 UNKNOWN TENANT NO. 2 11600 SW Courtly Manor Drive Lake Suzy, FL 34269 GLORIA A. ANTHONY 11600 SW COURTLY MANOR DRIVE LAKE SUZY, FL 34269 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, AS NOMINEE FOR COUNTRY WIDE HOME LOANS, INC. c/o C, T, Corporation, R.A. 1200 South Pine Island Road Plantation, FL 33324 LAKE SUZY PROPERTY OWNERS ASSOCIATION, INC. c/o Cynthia Casazza, R.A. 12559 SW Kings Row Lake Suzy, FL 34269 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- ABA, Plaintiff, vs. GLORIA A. ANTHONY; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR COUNTRYWIDE HOME LOANS, INC.; LAKE SUZY PROPERTY OWNERS ASSOCIATION, INC.; UNKNOWN TENANT NO. 1; UNKNOWN TENANT NO. 2; and ALL UNKNOWN PARTIES CLAIMING INTERESTS BY, FHROUGH, 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, Defendant(s). / AFFIDAVIT OF REASONABLENESS AS TO ATTORNEYS’ FEES STATE OF FLORIDA ) )ss. COUNTY OF BROWARD ) 1, Erajh Panditaratne, the undersigned, do hereby state on oath as follows: T.am.an attorney_at law. licensed to. practice in Florida, and have. been admitted to the practice of. law in the State of Florida since September 19th, 2003. Lam personally familiar with the procedure of mortgage foreclosures in Florida, and with the fees usually charged by attorneys in conducting such suits. T am personally familiar with the law firm of Diaz Anselmo & Associates, P.A. and how the Firm processes foreclosure files. I am further familiar with the fee agreement the Firm has with its clients regarding foreclosure files. Tam familiar with Rule 4-1.5(b) of the Rules Regulating the Florida Bar, aud have taken into account the factors set forth in such Rule for the determination of reasonable attomeys’ fees. 1am familiar with and have considered the dictates of the Florida Supreme Court in the case of Florida Patient’s Compensation Fund y, Rowe, 472 So.2d 1145 (1985) for the determination of reasonable attorneys’ fees. Tn arriving at my opinion of the value of reasonable attorneys’ fees in this matter I have 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. The likelihood that acceptance of the particular employment will preclude other employment for the lawyer. The fee or rate of fee customarily charged in the locality for services of a comparable or similar nature, including the aspect of discounted fees. The amount involved and the result to be obtained. The time limitations imposed by the client or the circumstances. The nature and length of professional relationship with the client &. The experience, reputation and ability of the lawyers performing the services. h Whether the fee is fixed or contingent, Diaz Anselmo & Associates, P.A. has reached a fee agreement with their client wherein the Firm is paid based on a flat fee for uncontested foreclosures, such as this matter. The Firm is paid a flat fee of $ 4,3 4,350.00 9.00 for an uncontested foreclosure. To the extent an issue is raised which fails to raise a genuine issue of fact, but must be replied to, the Firm is paid on a flat fee basis for a response to the issue. The Firm does not maintain specific time records for uncontested foreclosures pursuant to it’s flat fee arrangement, therefore I have not reviewed specific time records. Tam familiar with the specific steps and requirements that the Firm must complete to handle an uncontested foreclosure to its conclusion. This knowledge, together with my understanding of the flat fee agreement, leads me to the opinion that a fee of $4,350.00 is reasonable. In my opinion reviewing the actual file in this case is not necessary and would be futile, therefore I have not reviewed the actual file. - } f THIS CONCLUDES THIS AFFIDAVIT 4 ee Gf phew ba Eraj ion Panditaratne Ee 223 es The foregoing instrum: C1 knowledged. 4 before me, by means of #7 physical pres: or 0 ontine notarization, this gy day by Erajh Marion Panditaratne, who is 4 be personally known to me and who did take’an oath, Notary Public My commission expires: 1496-183232 /RKA CINDY L WITT MY COMMISSION # HH 297416 EXPIRES: May 23, 2026