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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
WELLS FARGO BANK, NA,
Plaintiff,
CASE NO.: 11-2009-CA-011019
DIVISION:
vs.
TIKAL INVESTMENT COMPANY - DISSOLVED , et
al,
Defendant(s).
/
NOTICE OF FILING
Plaintiff, WELLS FARGO BANK, NA, gives Notice of Filing of the following attached:
lL. Amended Affidavit of Attorney's Fees and Costs
| HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail to all
parties listed on the attached service list on this ( Q day of April, 2011.
Florida Default Law Group, P.L.
P.O. Box 25018
Tampa, Florida 33622-5018
(813) 251-4766
By:
ley N. Collado ~
Florida Bar No. 84094 < =
a Donata S. Suplee | 2 =
Florida Bar No.37865 | |
a Christopher Garcia } = _
i" it q
Florida Bar No. 85904 Vai ep a °Q
Filed in Computer=2
i cr
og
2 =
. nN
Serial: 17231683
DOC_ID: M003106
FILE_NUMBER: F09124409
U1 10,
NNoo
3g
TAAL
Qa
Voluo
24TIN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
WELLS FARGO BANK, NA,
Plaintiff,
CASE NO.: 11-2009-CA-011019 =:
vs. DIVISION: ; Ss
PF 2& Fs
| s
TIKAL INVESTMENT COMPANY - DISSOLVED , et } 3 = 2
i © Q
j aS g2
/ i S-~» 2
/ § ¥ xd
2s or ef
ao 2S
led
begaen
al,
Defendant(s).
AMENDED AFFIDAVIT OF ATTORNEYS’ FEES AND COSTS
>
> ra
Before me, the undersigned authority, personally appeared Ashley N. Collado , Esq.,, (“Affiant”) whe,
duly sworn deposes and says as follows:
Affiant is an attorney employed by Florida Default Law Group, P.L., (the “Firm”), counsel for
1,
Plaintiff in the above-styled action.
This affidavit is made for the purpose of establishing the amount of attorneys fees and cost to which
2.
Plaintiff is entitled to pursuant the terms of the loan documents.
Affiant is over the age of 21, is authorized to make this affidavit and has personal knowledge of the
3.
matters set forth herein.
4, As an attorney with the Firm, affiant familiar with the services rendered and all costs and expenses
incurred on behalf of the client in prosecuting the above-styled action.
The above-styled action is a residential mortgage foreclosure. In a residential mortgage foreclosure
5.
action, attorneys and/or paralegals employed by the Firm will perform, at a minimum, the following legal services:
Prepare and review complaint (including, when necessary, any attachments required by
A.
applicable Administrative Order and Fla. R. Civ. P.), summonses, /is pendens and civil cover sheet;
Review returns of service and prepare motions for default, where applicable;
Where filed, review answer(s) and /or any other papers and pleadings;
B.
Cc.
D. Review loan documents and correspondence;
Prepare and review the motion for summary judgment, affidavit of indebtedness, this
E.
affidavit, affidavit in support of reasonableness of attorney's fees, notice(s) of hearing, proposed final judgment,proposed notice of sale and final disposition form;
F. Prepare and review correspondence between the Firm and client regarding the above-styled
action; and,
G. In the event this matter proceeds to sale, additional time will be incurred in preparing the
bid and ensuring that all requirements have been met to proceed to sale.
6. For all legal services performed in this residential foreclosure, the Firm has agreed to charge, and
the client has agreed to pay, a flat rate of $1200.00 if no Answer was filed in this case; however, if an Answer was
filed, the undersigned and plaintiff agreed to an additional attorney's fee of $250.00. In no event does Florida
Default Law Group, P.L. seek to recover attorney's fees greater than the amount billed to and paid by this client.
7. The foregoing flat rate amounts represent the agreement between the Firm and its client for
prosecuting a residential mortgage foreclosure action.
8. In the event that any defendants file papers and/or pleading of a more contested nature requiring
legal services beyond those outlined above, the Firm has agreed to charge, and the client has agreed to pay, an hourly
fee up to $200.00 per hour for services related to these other issues. (The Firm creates timekeeping records for any
legal services performed at an hourly rate. Those hourly rates will be detailed below, if applicable).
9. In no event does the Firm seek to recover attorneys’ fees greater than the amount billed to and paid
by this client or permitted under the agreement.
10. The Firm does not create any specific timekeeping records reflecting the amount of time spent on
residential mortgage foreclosures due to this flat fee agreement and the administrative costs that would result. The
flat fee agreement was determined by taking into account many factors including, but not limited to, the following:
the time and labor reasonably expended by lawyers in the community handling uncontested residential foreclosures;
the complexity of a residential mortgage foreclosure action, the experience of the Firm in handling residential
mortgage foreclosure actions; the industry standard for this type of loan, which is the discounted amount that this
Firm and the client have agreed to as a reasonable flat fee for each residential mortgage foreclosure action given that
the client will likely refer the Firm other residential mortgage foreclosure actions in the future; and, the current
market conditions.
ll. Fla. R. Civ. P. Form 1.996 appears to require a finding by the Court as to both the reasonable
number of hours expended by the Firm and the reasonable hourly rate for those legal services. For the purpose ofassisting the Court with this determination only, and not as a representation as to actual time spent (the Firm does not
create specific time keeping records), the firm estimates that the breakdown of the minimum time expended and fees
charged by attorneys and paralegals in the typical uncontested residential mortgage foreclosure action prosecuted by
the Firm would be as follows:
Services Rendered
Time Expended
Preparation of Complaint, Summons, and Notice of
Lis Pendens. Including, where applicable, compliance
with Administrative Orders and/or Fla. R. Civ. P.
3.0
Location of and service of process upon defendants;
analysis of returns of service.
0.5
Review of service and prepar: of Motions for
Default, Affidavit of Non-Military Service, if
appropriate.
0.5
Preparation of Motion for Summary Judgment,
supporting affidavits, and Notice of Hearing.
Including, where applicable, compliance with
Administrative Orders and/or Fla. R. Civ. P.
2.5
Preparation of Final Judgment, Notice of Sale;
Affidavit of Plaintiff's Counsel; Final Disposition
Form; Preparation of Sale Documents.
2.0
Preparation and review of Correspondence between
Firm and client throughout case.
0.5
Total Time Expended:
9.0
12. The foregoing estimate (the Firm does not create specific time keeping records), would result in
total attorneys’ fees of $1,575.00 if billed at an hourly rate of $175.00; however, as this estimated attorneys fee
breakdown exceeds the rate agreed upon by the Firm and the client and the amount billed to the client by the Firm in
the above-styled action, the Firm only seeks to recover a flat rate of $1,200.00.
13. Affiant is also familiar with the costs and expenses that Florida Default Law Group, P.L. incurred
on behalf of the Firm’s client in this action. These costs and expenses are as follows:
COSTS:
A. Title Charges:
Title Search Fee $175.00
Title Examination Fee $150.00
B. Filing Fee
C. Investigation/Service of Process
(see attached invoice)
D. Recording Fee
TOTAL COSTS:
$325.00
960.00
275.00
8.00
$1,568.0014, The title search and exam cost includes amounts paid to third parties for data and information reviewed
for title purposes. New House Title, L.L.C is the title company utilized to perform the title work on this foreclosure
action. The owners of Florida Default Law Group, P.L. own New House Title, L.L.C.
byl A L —
ley N. Collado
Florida Bar No. 84094
FURTHER AFFIANT SAYETH NOT.
Florida Default Law Group, P.L.
P.O. Box 25018
Tampa, Florida 33622-5018
(813) 251-4766
The foregoing instrument was sworn to and subscribed before me this 5 day of Uf > KX » 2011,
by is Co » Esq., who is personally known to me.
NOTARY PUBAC, State of Florida
, WILLIAM C. JONES
35 MY COMMISSION # €E041851
EXPIRES Decembsr 22, 2014
FloridaNotaryService.com
407) 398-0168Export To Excel “o r~
01/06/2010 PROVEST
. of 4520 SEEDLING CIRCLE
TAMPA, FL 33614-2400
Phone: 813-877-2844 Email: accounts_receivable@provest.us
INVOICE INVOICE NUMBER: 2185498
CUSTOMER BILLING INFORMATION
[FLORIDA DEFAULT LAW GROUP, THE [ILE NUMBER 09124409
[P.0. BOX 25018 MAIN DEFENDANT: _TIKAL INVESTMENT COMPANY - DISSOLVED; ET AL
| PLAINTIFF: WELLS FARGO BANK, NA
|TAMPA, FL 33622-5018 COUNTY: COLLIER
|CNONE)
STATUS DATE DESCRIPTION TAX CHARGE TOTAL
LARYSA RUIZ
12723/2009 ‘TRANSFERRED $0.00 30,00 $0.00
12/23/2009 ISSUE $0.00 $0.00 $0.00
1273072009 ATTEMPTING SERVICE - Ist Address $0.00 $55.00 355.00
12/30/2009 SERVICE COMPLETE 30.00 30,00 $0.00
WALTER RUZ
12/23/2009 ‘TRANSFERRED 30.00 $0.00 30.00
1223/2009 ISSUE $0.00 30.00 $0.00
1273072009 ATTEMPTING SERVICE - 1st Address $0.00 355.00 355.00
12/30/2009 SERVICE COMPLETE $0.00 $0.00 30.00
‘TIKAL INVESTMENT COMPANY - DISSOLVED
12/23/2009 ‘TRANSFERRED $0.00 $0.00 30.00
1272372009 ISSUE 30.00 $0.00 30,00
1273072009 ATTEMPTING SERVICE - Ist Address 30.00 355.00 $55.00
12/31/2009 SERVICE COMPLETE 30.00 $0.00 30.00
TENANT
12/23/2009 ‘TRANSFERRED $0.00 $0.00 30.00
12/23/2009 ISSUE $0.00 30.00 $0.00
12/30/2009 [ATTEMPTING SERVICE - Ist Address 30,00 $55.00 $55.00
1218012009 NON-SERVICE UNOCCUPIED $0.00 30,00 30.00
TENANT
12/23/2009 ‘TRANSFERRED $0.00 30,00 $0.00
1272372009 ISSUE $0.00 $0.00 $0.00
12/80/2009 ATTEMPTING SERVICE - 1st Address $0.00 $55.00 355.00
12/30/2009 [NON-SERVICE UNOCCUPIED 30.00 30,00 $0.00
‘SUBTOTAL: $275.00
TOTAL EXTRA CHARGES: $0.00
PREPAID: $0.00
‘SKIP TRACE SUBTOTAL: $0.00
TOTAL: $275.00
PLEASE REMIT PAYMENT TO:
PROVEST LLC
4520 SEEDLING CIR
TAMPA FL 33614Service List
TIKAL INVESTMENT COMPANY - DISSOLVED
c/o STEPHEN P. MATZUK, Esq.
1211 ORANGE AVE
STE 201
WINTER PARK, FL 32789
LARYSA RUIZ
c/o STEPHEN P. MATZUK, Esq.
1211 ORANGE AVE
STE 201
WINTER PARK, FL 32789
WALTER RUIZ
c/o STEPHEN P. MATZUK, Esq.
1211 ORANGE AVE
STE 201
WINTER PARK, FL 32789
FILE_NUMBER: F09124409
HLM
Serial: 17231683
DOC_ID: M003106
Preview
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION WELLS FARGO BANK, NA, Plaintiff, CASE NO.: 11-2009-CA-011019 DIVISION: vs. TIKAL INVESTMENT COMPANY - DISSOLVED , et al, Defendant(s). / NOTICE OF FILING Plaintiff, WELLS FARGO BANK, NA, gives Notice of Filing of the following attached: lL. Amended Affidavit of Attorney's Fees and Costs | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail to all parties listed on the attached service list on this ( Q day of April, 2011. Florida Default Law Group, P.L. P.O. Box 25018 Tampa, Florida 33622-5018 (813) 251-4766 By: ley N. Collado ~ Florida Bar No. 84094 < = a Donata S. Suplee | 2 = Florida Bar No.37865 | | a Christopher Garcia } = _ i" it q Florida Bar No. 85904 Vai ep a °Q Filed in Computer=2 i cr og 2 = . nN Serial: 17231683 DOC_ID: M003106 FILE_NUMBER: F09124409 U1 10, NNoo 3g TAAL Qa Voluo 24TIN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION WELLS FARGO BANK, NA, Plaintiff, CASE NO.: 11-2009-CA-011019 =: vs. DIVISION: ; Ss PF 2& Fs | s TIKAL INVESTMENT COMPANY - DISSOLVED , et } 3 = 2 i © Q j aS g2 / i S-~» 2 / § ¥ xd 2s or ef ao 2S led begaen al, Defendant(s). AMENDED AFFIDAVIT OF ATTORNEYS’ FEES AND COSTS > > ra Before me, the undersigned authority, personally appeared Ashley N. Collado , Esq.,, (“Affiant”) whe, duly sworn deposes and says as follows: Affiant is an attorney employed by Florida Default Law Group, P.L., (the “Firm”), counsel for 1, Plaintiff in the above-styled action. This affidavit is made for the purpose of establishing the amount of attorneys fees and cost to which 2. Plaintiff is entitled to pursuant the terms of the loan documents. Affiant is over the age of 21, is authorized to make this affidavit and has personal knowledge of the 3. matters set forth herein. 4, As an attorney with the Firm, affiant familiar with the services rendered and all costs and expenses incurred on behalf of the client in prosecuting the above-styled action. The above-styled action is a residential mortgage foreclosure. In a residential mortgage foreclosure 5. action, attorneys and/or paralegals employed by the Firm will perform, at a minimum, the following legal services: Prepare and review complaint (including, when necessary, any attachments required by A. applicable Administrative Order and Fla. R. Civ. P.), summonses, /is pendens and civil cover sheet; Review returns of service and prepare motions for default, where applicable; Where filed, review answer(s) and /or any other papers and pleadings; B. Cc. D. Review loan documents and correspondence; Prepare and review the motion for summary judgment, affidavit of indebtedness, this E. affidavit, affidavit in support of reasonableness of attorney's fees, notice(s) of hearing, proposed final judgment,proposed notice of sale and final disposition form; F. Prepare and review correspondence between the Firm and client regarding the above-styled action; and, G. In the event this matter proceeds to sale, additional time will be incurred in preparing the bid and ensuring that all requirements have been met to proceed to sale. 6. For all legal services performed in this residential foreclosure, the Firm has agreed to charge, and the client has agreed to pay, a flat rate of $1200.00 if no Answer was filed in this case; however, if an Answer was filed, the undersigned and plaintiff agreed to an additional attorney's fee of $250.00. In no event does Florida Default Law Group, P.L. seek to recover attorney's fees greater than the amount billed to and paid by this client. 7. The foregoing flat rate amounts represent the agreement between the Firm and its client for prosecuting a residential mortgage foreclosure action. 8. In the event that any defendants file papers and/or pleading of a more contested nature requiring legal services beyond those outlined above, the Firm has agreed to charge, and the client has agreed to pay, an hourly fee up to $200.00 per hour for services related to these other issues. (The Firm creates timekeeping records for any legal services performed at an hourly rate. Those hourly rates will be detailed below, if applicable). 9. In no event does the Firm seek to recover attorneys’ fees greater than the amount billed to and paid by this client or permitted under the agreement. 10. The Firm does not create any specific timekeeping records reflecting the amount of time spent on residential mortgage foreclosures due to this flat fee agreement and the administrative costs that would result. The flat fee agreement was determined by taking into account many factors including, but not limited to, the following: the time and labor reasonably expended by lawyers in the community handling uncontested residential foreclosures; the complexity of a residential mortgage foreclosure action, the experience of the Firm in handling residential mortgage foreclosure actions; the industry standard for this type of loan, which is the discounted amount that this Firm and the client have agreed to as a reasonable flat fee for each residential mortgage foreclosure action given that the client will likely refer the Firm other residential mortgage foreclosure actions in the future; and, the current market conditions. ll. Fla. R. Civ. P. Form 1.996 appears to require a finding by the Court as to both the reasonable number of hours expended by the Firm and the reasonable hourly rate for those legal services. For the purpose ofassisting the Court with this determination only, and not as a representation as to actual time spent (the Firm does not create specific time keeping records), the firm estimates that the breakdown of the minimum time expended and fees charged by attorneys and paralegals in the typical uncontested residential mortgage foreclosure action prosecuted by the Firm would be as follows: Services Rendered Time Expended Preparation of Complaint, Summons, and Notice of Lis Pendens. Including, where applicable, compliance with Administrative Orders and/or Fla. R. Civ. P. 3.0 Location of and service of process upon defendants; analysis of returns of service. 0.5 Review of service and prepar: of Motions for Default, Affidavit of Non-Military Service, if appropriate. 0.5 Preparation of Motion for Summary Judgment, supporting affidavits, and Notice of Hearing. Including, where applicable, compliance with Administrative Orders and/or Fla. R. Civ. P. 2.5 Preparation of Final Judgment, Notice of Sale; Affidavit of Plaintiff's Counsel; Final Disposition Form; Preparation of Sale Documents. 2.0 Preparation and review of Correspondence between Firm and client throughout case. 0.5 Total Time Expended: 9.0 12. The foregoing estimate (the Firm does not create specific time keeping records), would result in total attorneys’ fees of $1,575.00 if billed at an hourly rate of $175.00; however, as this estimated attorneys fee breakdown exceeds the rate agreed upon by the Firm and the client and the amount billed to the client by the Firm in the above-styled action, the Firm only seeks to recover a flat rate of $1,200.00. 13. Affiant is also familiar with the costs and expenses that Florida Default Law Group, P.L. incurred on behalf of the Firm’s client in this action. These costs and expenses are as follows: COSTS: A. Title Charges: Title Search Fee $175.00 Title Examination Fee $150.00 B. Filing Fee C. Investigation/Service of Process (see attached invoice) D. Recording Fee TOTAL COSTS: $325.00 960.00 275.00 8.00 $1,568.0014, The title search and exam cost includes amounts paid to third parties for data and information reviewed for title purposes. New House Title, L.L.C is the title company utilized to perform the title work on this foreclosure action. The owners of Florida Default Law Group, P.L. own New House Title, L.L.C. byl A L — ley N. Collado Florida Bar No. 84094 FURTHER AFFIANT SAYETH NOT. Florida Default Law Group, P.L. P.O. Box 25018 Tampa, Florida 33622-5018 (813) 251-4766 The foregoing instrument was sworn to and subscribed before me this 5 day of Uf > KX » 2011, by is Co » Esq., who is personally known to me. NOTARY PUBAC, State of Florida , WILLIAM C. JONES 35 MY COMMISSION # €E041851 EXPIRES Decembsr 22, 2014 FloridaNotaryService.com 407) 398-0168Export To Excel “o r~ 01/06/2010 PROVEST . of 4520 SEEDLING CIRCLE TAMPA, FL 33614-2400 Phone: 813-877-2844 Email: accounts_receivable@provest.us INVOICE INVOICE NUMBER: 2185498 CUSTOMER BILLING INFORMATION [FLORIDA DEFAULT LAW GROUP, THE [ILE NUMBER 09124409 [P.0. BOX 25018 MAIN DEFENDANT: _TIKAL INVESTMENT COMPANY - DISSOLVED; ET AL | PLAINTIFF: WELLS FARGO BANK, NA |TAMPA, FL 33622-5018 COUNTY: COLLIER |CNONE) STATUS DATE DESCRIPTION TAX CHARGE TOTAL LARYSA RUIZ 12723/2009 ‘TRANSFERRED $0.00 30,00 $0.00 12/23/2009 ISSUE $0.00 $0.00 $0.00 1273072009 ATTEMPTING SERVICE - Ist Address $0.00 $55.00 355.00 12/30/2009 SERVICE COMPLETE 30.00 30,00 $0.00 WALTER RUZ 12/23/2009 ‘TRANSFERRED 30.00 $0.00 30.00 1223/2009 ISSUE $0.00 30.00 $0.00 1273072009 ATTEMPTING SERVICE - 1st Address $0.00 355.00 355.00 12/30/2009 SERVICE COMPLETE $0.00 $0.00 30.00 ‘TIKAL INVESTMENT COMPANY - DISSOLVED 12/23/2009 ‘TRANSFERRED $0.00 $0.00 30.00 1272372009 ISSUE 30.00 $0.00 30,00 1273072009 ATTEMPTING SERVICE - Ist Address 30.00 355.00 $55.00 12/31/2009 SERVICE COMPLETE 30.00 $0.00 30.00 TENANT 12/23/2009 ‘TRANSFERRED $0.00 $0.00 30.00 12/23/2009 ISSUE $0.00 30.00 $0.00 12/30/2009 [ATTEMPTING SERVICE - Ist Address 30,00 $55.00 $55.00 1218012009 NON-SERVICE UNOCCUPIED $0.00 30,00 30.00 TENANT 12/23/2009 ‘TRANSFERRED $0.00 30,00 $0.00 1272372009 ISSUE $0.00 $0.00 $0.00 12/80/2009 ATTEMPTING SERVICE - 1st Address $0.00 $55.00 355.00 12/30/2009 [NON-SERVICE UNOCCUPIED 30.00 30,00 $0.00 ‘SUBTOTAL: $275.00 TOTAL EXTRA CHARGES: $0.00 PREPAID: $0.00 ‘SKIP TRACE SUBTOTAL: $0.00 TOTAL: $275.00 PLEASE REMIT PAYMENT TO: PROVEST LLC 4520 SEEDLING CIR TAMPA FL 33614Service List TIKAL INVESTMENT COMPANY - DISSOLVED c/o STEPHEN P. MATZUK, Esq. 1211 ORANGE AVE STE 201 WINTER PARK, FL 32789 LARYSA RUIZ c/o STEPHEN P. MATZUK, Esq. 1211 ORANGE AVE STE 201 WINTER PARK, FL 32789 WALTER RUIZ c/o STEPHEN P. MATZUK, Esq. 1211 ORANGE AVE STE 201 WINTER PARK, FL 32789 FILE_NUMBER: F09124409 HLM Serial: 17231683 DOC_ID: M003106