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IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PASCO/PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
Jefferson Bank of Missouri REF:
UCN: 2016CA004049CAAXWS
Plaintiff,
VS.
Theodore E, Lacy a/k/a Theodore Edward Lacy
a/k/a Theodore Lacy; Unknown Spouse of
Theodore E. Lacy a/k/a Theodore Edward Lacy ee
Pos
Ge
a/k/a Theodore Lacy; Lynnette Lacy a/k/a Margaret
me
Lynnette Lacy; Unknown Spouse of Lynnette Lacy
g Os F
a/k/a Margaret Lynnette Lacy; HSBC Mortgage =ep ag
aN
Services, Inc.; Beneficial Florida, Inc.; Fairway ey
n¥o
Oaks Homeowners’ Association, Inc.; Beacon Go e.a o
ae Se s
Woods East Master Association, Inc.; Beacon ae Ooo
Woods East Recreation Association, Inc.; Florida
Housing Finance Corporation
Defendants.
/
CONSENT UNIFORM FINAL JUDGMENT OF FORECLOSURE
THIS MATTER came before the Court on Consent Final Judgment of Foreclosure. After
consideration of all evidence presented, this Court rules as follows:
IT IS ADJUDGED that:
1 Plaintiff has submitted a Certificate of Compliance with Foreclosure Procedures in
compliance with Administrative Order 2019-003 or any subsequent Administrative Order.
2 VALUE OF CLAIM: At the initiation of this action, in accordance with section
28.241(1)(a)2.b., Florida Statutes, Plaintiff estimated the amount in controversy of the claim to be
$129,732.26. In accordance with section 28.241(1)(a)2.c., Florida Statutes, the Court identifies the
actual value of the claim to be $185,776.74, as set forth below. For any difference between the
estimated amount in controversy and the actual value of the claim that requires the filing fee to be
adjusted, the Clerk shall adjust the filing fee. In determining whether the filing fee needs to be
adjusted, the following graduated filing fee scale in section 28.241(1)(a)2.d., Florida Statutes,
controls:
[$400 _| Value of claim less than or equal to $50,000 with 5 defendants or less J
Sixth Circuit Administrative Order 2019-004 — Attachment D
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2016CA004049CAAXWS, File # 16-F06188
$905 Value of claim greater than $50,000 but less than $250,000 with 5
defendants or less
$1,905 | Value of claim $250,000 or greater with 5 defendants or less
If an excess filing fee was paid, the Clerk shall provide a refund of the excess fee. If an additional
filing fee is owed, the Plaintiff shall pay the additional fee at least 24 hours prior to the judicial
sale. If any additional filing fee owed is not paid prior to the judicial sale, the Clerk shall cancel
the judicial sale without further order of the Court.
3 The following amounts are due and owed to the Plaintiff:
Principal due on the note secured by the mortgage foreclosed: $129,732.26
Accrued Interest good through 9.25.2020 $28,430.89
Accrued Interest good through 11.23.2020 $983.10
Pre-Accelerated Late Charges $1,989.58
Tax Advance $4,957.31
2016 Taxes: $1,179.55
2017 Taxes: $1,241.79
2018 Taxes: $1,252.57
2019 Taxes: $1,283.40
Hazard Insurance $13,059.25
2017 Hazard Insurance: $2,762.00
2018 Hazard Insurance: $3,355.00
2019 Hazard Insurance: $3,322.00
2020 Hazard Insurance: $3,620.25
Mortgage Insurance $2,343.42
Foreclosure Registration $650.00
Property Inspection $2,370.00
Court costs:
Complaint Filing $946.50
Service of Process $1,581.30
Title Search $200.00
Court Reporter $125.00
SUBTOTAL $186,385.51
Less: Escrow $183.77
Less: Suspense Balance -$1,408.10
TOTAL SUM $185,776.74
4 The total sum in paragraph 3 will bear interest from this date forward at the prevailing
statutory interest rate in accordance with Section 55.03, Florida Statutes.
Sixth Circuit Administrative Order 2019-004 — Attachment D
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2016CA004049CAAXWS File # 16-F06188
5 Plaintiff, whose address is 700 A Southwest Boulevard, PO Box 1021, Jefferson City,
Missouri 65102, holds a lien for the total sum specified in paragraph 3 herein. The lien of the
Plaintiff is superior in dignity to all rights, titles, interests, or claims of the Defendant(s) and all
persons, corporations, or other entities claiming by, through, or under the Defendant(s), or any of
them and the property will be sold free and clear of all claims of the Defendant(s), with the
exception of any assessments that are superior pursuant to sections 718.116 and 720.3085, Florida
Statutes, or
(d
escribe other surviving lien). The Plaintiff's lien encumbers the subject property located in Pasco
County, Florida, and described as:
LOT 127, FAIRWAY OAKS, UNIT TWO-A, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 28, PAGES 113-115, INCLUSIVE, PUBLIC RECORDS
OF PASCO COUNTY, FLORIDA
Property Address: 14136 Faldo Court, Hudson, FL 34667
6 If the total sum with ‘interest at the rate described in Paragraph 4 and all costs accrued
subsequent to this judgment are no’ aid, the Clerk of Circuit Court shall sell the subject property at
public sale on "YAN12 2021 (date) to the highest bidder for cash,
except as prescribed in Paragraph 7, in following location (mark applicable location):
0 In an online sale at www.pinellas.realforeclose.com , beginning at 10:00 am on the
prescribed date (mark this box for all sales in Pinellas County)
In an online sale at www.pasco.realforeclose.com , beginning at 11:00 am on the
prescri date (mark this box for all sales in Pasco County)
after having first given notice as required by section 45.031, Florida Statutes. Plaintiff must
arrange for publication of notice of sale in accordance with chapters 45 and 702, Florida Statutes.
The Plaintiff must file the original Notice of Sale and Affidavit of Proof of Publication with the
Clerk no later than 24 hours prior to the sale.
The sale date set by the judgment can only be canceled and rescheduled by court order. Any
motion or request to cancel this sale must be served on all parties in conformity with Florida Rule
of Civil Procedure 1.080(a) and must be set for hearing with proper notice. Claiming this matter is
“emergency” does not avoid this requirement. A violation of any party’s due process rights will
subject the movant and/or counsel to sanctions. See Jade Winds v. Citibank, 63 So. 3d 819 (3d
DCA 2011).
If a Plaintiff wishes to cancel a sale, a written motion must be filed with the Court in
substantial compliance with Florida Rules of Civil Procedure Form 1.996(c). The motion also must
state the number of times the Plaintiff has previously requested the cancelation of a sale and must
include an affidavit with supporting grounds for the motion. Any proposed order prepared to cancel
the sale must also include a date to reschedule the sale.
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2016CA004049CAAXWS File # 16-F06188
7
Plaintiff shall advance all subsequent required costs of this action. Except for the fee to the
Clerk as provided in §45.035, Florida Statutes, and publishing costs supported by an affidavit,
reimbursement or credit for such costs shall be by court order based upon a written motion and
adjudication at a hearing with notice. Ifa third party bidder is the purchaser, the third party bidder
must pay the documentary stamps attached to the certificate of title in addition to the bid.
8 If the Plaintiff incurs additional expenses subsequent to the entry of this final judgment but
prior to the sale date specified in paragraph 6, Plaintiff may, by written motion served on all parties
and adjudication at a hearing with notice, seek to amend this final judgment to include said
additional expenses.
9 Only the judgment owner will be allowed to credit bid. An assignment of the final judgment
of foreclosure filed with the Clerk of the Circuit Court prior to the public sale will effectively
transfer with it the right to credit bid at the sale. Court approval of the assignment of the final
judgment is not required.
The filing of a Certificate of Sale by the Clerk gives certain property rights to the highest
bidder. In order to assign those rights and have the Certificate of Title issued to a third party, the
highest bidder must file a written conveyance made in accordance with section 689.01 or section
692.01, Florida Statutes, governing real estate transfers. Such conveyance must be filed with the
Clerk prior to the issuance of the Certificate of Title. Neither the Court nor the Clerk will change a
Certificate of Title based upon a conveyance filed after the Certificate of Title has been issued.
10. On the filing of the Certificate of Title, the Clerk shall distribute the proceeds of the sale,
so far as they are sufficient, by paying: first, all of the Plaintiff's costs; second, documentary
stamps affixed to the Certificate, unless the property is purchased by a third party bidder; third,
Plaintiff's attorneys’ fees; fourth, the total sum due to the Plaintiff, less the items paid, plus interest
at the rate prescribed in paragraph 4 from this date to the date of the sale; and by retaining any
remaining amount pending further Order of this Court.
11. On filing of the Certificate of Sale, Defendant(s) and all persons claiming under or against
Defendant(s) since the filing of the Notice of Lis Pendens shall be foreclosed of all estate or claim
in the property except as to claims or rights under chapter 718 or chapter 720, Florida Statutes, if
any. On filing of the Certificate of Sale, Defendant’s right of redemption as provided by section
45.0315, Florida Statutes shall be terminated.
13. IMPORTANT INFORMATION PROVIDED pursuant to section 45.031, Florida Statutes:
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.
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2016CA004049CAAXWS File # 16-F06188
IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS
REMAINING AFTER THE SALE, IF ANY, YOU MUST FILE A CLAIM WITH THE CLERK
NO LATER THAN THE DATE THAT THE CLERK REPORTS THE FUNDS AS
UNCLAIMED. IF YOU FAIL TO FILE A TIMELY CLAIM, YOU WILL NOT BE ENTITLED
TO ANY REMAINING FUNDS.
If the property has qualified for the homestead tax exemption in the most recent approved tax roll,
also include the following three paragraphs:
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 EITHER THE PINELLAS CLERK OF CIRCUIT COURT AT 315
COURT STREET, CLEARWATER, FL 33756, (727) 464-7000, OR THE PASCO CLERK OF
CIRCUIT COURT AT 38053 LIVE OAK AVENUE, DADE CITY, FL 33523, (352) 521-4517 OR
7530 LITTLE ROAD, NEW PORT RICHEY, FL 34654, (727) 847-8176 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.
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 A
LEGAL SERVICES OFFICE, SUCH AS: GULFCOAST LEGAL SERVICES, INC., 314 S.
MISSOURI AVE., SUITE 109, CLEARWATER, FL 33756, (727) 443-0657 / COMMUNITY
LAW PROGRAM, 501 FIRST AVE N., ROOM 519, ST. PETERSBURG, FL 33701, (727) 582-
7480 / BAY AREA LEGAL SERVICE, INC., 4948 CENTRAL AVE., ST. PETERSBURG, FL
33707, (800) 625-2257 / BAY AREA LEGAL SERVICE, INC., 37718 MERIDIAN AVENUE,
DADE CITY, FL 33532 (800) 625-2257 / BAY AREA LEGAL SERVICE, INC., 8406
MASSACHUSETTS AVE, STE B-2, NEW PORT RICHEY, FL 34653, (800) 625-2257 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 ANOTHER OPTION. IF YOU CHOOSE TO CONTACT ONE OF THESE
SERVICES FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER
RECEIPT OF THIS NOTICE.
14. Upon issuance of the Certificate of Title the new owner/titleholder shall be let into possession
of the property. Because of the provisions of section 83.561, Florida Statutes, the Clerk shall
decline issuance of a Writ of Possession without a Court order. By using the procedures and forms
found in Administrative Order 2015-043 the new owner/titleholder may obtain such an order.
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2016CA004049CAAXWS File # 16-F06188
15. If the tenant fails to vacate the premises in accordance with the Notice of Termination, the
titleholder may apply to the Court for a writ of possession by filing and serving an application in
the form of a sworn affidavit pursuant to section 83.561(2), Florida Statutes.
16. Alternatively, if the titleholder takes title to a residential property occupied by a tenant
meeting an exception in section 83.561(3), Florida Statutes, the titleholder may immediately apply
to the Court for a writ of possession by filing and serving a sworn affidavit demonstrating the
tenant meets one of the exceptions listed in the statute.
17. Upon review of an application for writ of possession under section 83.561(2) or section
83.561(3), Florida Statutes, the Court may enter an order directing the Clerk to issue a writ of
possession pursuant to section 83.62, Florida Statutes.
18. The Court retains jurisdiction of this action to enter further Orders that are proper, including
without limitation, Orders authorizing writs of possession and an award of attorney’s fees, and to
enter a deficiency judgment if the Defendant has not been discharged in bankruptcy.
(ANY ADDITIONAL PROVISIONS OR MODIFICATIONS TO THIS FINAL JUDGMENT
SHOULD BE SET FORTH IN BOLD TYPE AND CONSECUTIVELY NUMBERED
PARAGRAPHS).
19. The Mortgage Note is hereby re-established pursuant to section 673.3091, Florida Statutes.
20. The Court finds that the Plaintiff has proven the terms of the lost Note and its right to enforce
the instrument(s) as required by Fl. Stat 673.3091. The Plaintiff shall henceforth hold the defendant
maker(s) of the Note harmless and shall indemnify them from any loss they may incur by reason of
a claim by any other person to enforce the lost Note. Since adequate protection is therefore
provided as required by Fl. Stat 673.3091, judgment is hereby entered in favor of the Plaintiff as to
its request to enforce the lost Note.
2 DONE AND ORDERED in Nev, nt Richey/Daede-Gity, Pasc unty, Florida, on this
30 day of 0! 020.
CIRCUIT JU. DGE
/
Copies furnished to:
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2016CA004049CAAXWS File # 16-F06188
SERVICE LIST FOR CASE NO.: 2016CA004049CAAXWS
Mehwish Yousuf, Esq.
Brock & Scott, PLLC
Attorney for Plaintiff
2001 NW 64th Street, Suite 130
Fort Lauderdale, FL 33309
Beneficial Florida, Inc.
c/o C.T. Corporation System, as Registered Agent
1200 South Pine Island Road
Plantation, FL 33324
Florida Housing Finance Corporation
c/o Robert Pierce
227 North Bronough Street, Suite 5000
Tallahassee, FL 32301
efiling@floridahousing.org
Beacon Woods East Recreation Association, Inc.
c/o Jay Shapiro, Registered Agent
1950 N. Commerce Parkway, Suite 5
Weston, FL 33326
Beacon Woods East Master Association, Inc.
c/o Jay Shapiro & Associates, Registered Agent
1950 N. Commerce Parkway, Ste. 5
Weston, FL 33326
Fairway Oaks Homeowners’ Association, Inc.
c/o Mary Ann Myszkowiak, Registered Agent
6540 Ridge Road
Port Richey, FL 34668
Lynnette Lacy a/k/a Margaret Lynnette Lacy
c/o Andrew M. Lyons, Esq.
4103 Little Road
New Port Richey, FL 34655
pleadings@lyonslawgroup.com
Theodore E. Lacy a/k/a Theodore Edward Lacy a/k/a Theodore Lacy
117 Lacy Ln
Fairdale, WV 25839
Sixth Circuit Administrative Order 2019-004 — Attachment D
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2016CA004049CAAXWS File # 16-F06188
HSBC Mortgage Services, Inc.
C/O CT Corporation System, Register Ed Agent
1200 S. Pine Island Road
Plantation, FL 33324
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2016CA004049CAAXWS File # 16-F06188