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IN THE CIRCUIT COURT OF THE 9TH JUDICIAL
CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO: 49-2009-CA-006462 MF
LS
THE BANK OF NEW YORK MELLON TRUST =
COMPANY, NATIONAL ASSOCIATION FKA 3
THE BANK OF NEW YORK TRUST.
COMPANY, N.A. AS SUCCESSOR TO. oF
JPMORGAN CHASE BANK N.A. AS TRUSTEE me me
FOR RAMP 2005RZ3 oa
PLAINTIFF onO44 2ta
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ERIC SANTIAGO; UNKNOWN SPOUSE OF moo =m
ERIC SANTIAGO IF ANY; ANY AND ALL ok
cro
UNKNOWN PARTIES CLAIMING BY, Dw
THROUGH, UNDER, AND AGAINST THE Ao
HEREIN NAMED INDIVIDUAL
DEFENDANT(S) WHO ARE NOT KNOWN TO
BE DEAD OR ALIVE , WHETHER SAID
UNKNOWN PARTIES MAY CLAIM AN
INTEREST AS SPOUSES, HEIRS, DEVISEES,
GRANTEES OR OTHER CLAIMANTS;
CELEBRATION RESIDENTIAL OWNERS
ASSOCIATION, INC.; CELEBRATION
NON-RESIDENTIAL OWNERS
ASSOCIATION, INC.; LUIS A. GONZALEZ; This space is for recording purposes only
SANTIAGO GOMEZ; JOHN DOE AND JANE
DOE AS UNKNOWN TENANTS IN
POSSESSION,
T(S
MARY FI L JUDG ‘TIN FO! LOSUR'
THIS CAUSE having come to be heard on Plaintiff's Motion for Summary Final Judgment and Taxation of
Attorney Fees and Costs, and upon the Affidavits filed herein, and the Court being fully advised in the premises, it is
hereby ORDERED:
1 The Plaintiff's Motion for Summary Final Judgment is GRANTED.
2. There is due to the Plaintiffthe following:
Principal due on the note secured by the Mortgage foreclosed: $806,534.05
Interest on the Note and Mortgage from DECEMBER 1, 2008 to AUGUST 31, 2009 $21,776.40
Per diem interest at $79.55 from SEPTEMBER 1, 2009 through JANUARY 4, 2010 $10,023.30
Late Charges $1,183.14
Inspections Conducted on Property $213.75
Appriasal Fee $103.00
COSTS:
Filing Fee $1,993.00
Service of Process $768.90
Abstracting $325.00
Service/Mail Required by Law $16.50
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THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST
COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2005RZ3 vs. ERIC SANTIAGO, ET AL
CASE NO: 49-2009-CA-006462 MF
Title Update Charges $75.00
SUBTOTAL $843,012.04
Attorney's fees based upon 10.7 hours at $150.00 per hour in the amount of: $1,600.00
TOTAL $844,612.04
A lien is held by the Plaintiff whose address is C(O HOMECOMINGS FINANCIAL, LLC, ONE
MERIDIAN CROSSING, SUITE 100, MINNEAPOLIS, MN 55423 for the total of the Final Judgment sum
specified in the preceding paragraph, plus interest thereon. The lien of the Plaintiff is superior in dignity to
any right, title, interest or claim of the Defendants and all persons, firms or corporations claiming by,
through, or under the Defendants or any of them and the property will be sold free and clear of all claims of
the Defendants. The lien encumbers the following described property in OSCEOLA County, Florida, to-wit:
If the total sum due to the Plaintiff as set forth in Paragraph 2, plus interest at the statutory rate in effect at
the time of the entry of this judgment, which rate shall remain the same until the judgment is paid, and all
costs of this proceeding incurred subsequent to the date of this Judgment are not paid to Plaintiff, the Clerk
of this Court shall sell the property described in Paragraph 3 in accordance with the terms of Paragraph 6.
The Plaintiff shall advance the cost of publishing the Notice of Sale and the Clerk's fee for it and shall be
reimbursed by the Clerk out of the proceeds of the sale of the property described in Paragraph 3 if the
Plaintiff does not become the purchaser of the property at the sale.
The Clerk of this Court shall sell the property described in Paragraph 3 at public sale at 11:00 a.m., on the
9TH day of FEBRUARY, 2010 to the highest and best bidder or bidders for cash at SUITRE 2600/ ROOM
2602 of the OSCEOLA County Courthouse located at 2 COURTHOUSE SQUARE, in KISSIMMEE,
Florida, after having first given notice as required by Section 45.031, Florida Statutes. Any purchaser other
than the Plaintiff shall pay all service charges assessed by the Clerk of the Circuit Court pursuant to Florida
Statute 28.24 together with proper documentary stamps to be affixed to the Certificate of Title
The Plaintiff may be the bidder for, and purchaser of, the property described in Paragraph 3. If the Plaintiff
is the purchaser of the property at the sale, the Clerk shall credit the bid of the Plaintiff with the total sum
found to be due to the Plaintiff for such portion thereof as may be necessary to pay fully the bid of the
Plaintiff. If, subsequent to the date of the Plaintiff's affidavit of indebtedness and prior to the sale
contemplated in paragraph 6 hereof, the Plaintiff is required to advance any monies to protect its mortgage
lien, then Plaintiffor its attorneys shall so certify to the clerk of this court, and the amount found due to the
Plaintiff shall be increased by the amount of such advances without further order of the Court.
Upon the confirmation of the sale of the property by the clerk filing the Certificate of Sale, any and all
persons claiming by, through, and under them since the date of the filing of the Notice of Lis Pendens, are
forever barred and foreclosed of and from all right, title, interest, claim or demand of any kind or nature
whatsoever in and to the property.
Upon the filing of the Certificate of Title, the Clerk shall make distribution of the proceeds from the sale in
the following order and in the amounts due under each of the following subparagraphs:
All costs and expenses of these proceedings subsequent to the entry of the Summary Final Judgment of
Foreclosure, including the cost of publishing the Notice of Sale and the Clerk's fee for making the sale,
unless the Plaintiff, having already paid for these two items of cost, is the purchaser at the sale, the cost of
THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST
COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2005RZ3 vs. ERIC SANTIAGO, ET AL.
CASE NO: 49-2009-CA-006462 MF
the State documentary stamps affixed to the Certificate of Title based on the amount bid for the property,
plus the costs, if paid by purchaser.
The total sum found to be due to the Plaintiff in Paragraph 2, plus interest at the statutory rate in effect at
the time of entry of this judgment, which interest shall remain the same until the judgment is paid.
The balance of the proceeds of the sale in excess of the amounts paid under Paragraphs 9(a) and 9(b) shall
be retained by the Clerk of this Court pending further order of this Court.
10. Upon the filing of the Certificate of Title, the purchaser at the sale, his/her representatives or assigns shall
be let into possession of the property forthwith.
11 ‘The Court retains jurisdiction of this cause and the parties to enter further orders as are proper, including
deficiency judgments, if permissible. Any such deficiency judgment may be sought only against the makers
of the note.
12. If the Plaintiff is the purchaser at the sale, the Plaintiff, their heirs, representatives, successors or assigns,
shall be placed in immediate possession of the aforedescribed premises. In the event the Defendants fail to
vacate the premises within ten (10) days of the date of the foreclosure sale, the Clerk of the Court is directed
to issue a Writ of Possession to the Plaintiff and/or purchaser, their heirs, representatives, successors, or
assigns, without the necessity of any further order from this Court for the premises located at 708
MULBERRY AVE., CELEBRATION, FL 34747.
13, In the event the Plaintiff is contractually obligated to pay its attorneys an amount less than the amount of
reasonable fees awarded by the Court above in paragraph 2, the Defendant borrower shall have the right to
pay that lesser amount for attorneys fees in the event the Defendant borrower has the right to reinstate the
loan prior to the sale under the loan documents or in the event the Defendant borrower tenders full payoff of
the loan to the Plaintiff prior to the filing of the Certificate of Sale by the Clerk.
14 The court finds that the number of hours expended and the hourly rate charged by the Plaintiff's counsel as
set forth in Paragraph 2 are reasonable. The Court further finds that there are no reduction or enhancement
factors for consideration by the court pursuant to Patient's nsation F v. Rowe, 472 So. 2d
1145 (Fla. 1985).
15 Should this property be sold to a third party, the Clerk of Court is hereby directed to make the check for the
amount due to the Plaintiff pursuant to paragraph 10 above payable toDavid J. Stern, P.A. Trust
Account.
16. In the event the instant case is dismissed by the Plaintiff, the Clerk of Court is hereby directed to release any
original loan documents filed with the Court to counsel of record for Plaintiff.
17. F.S. §720.3085 (1) (2008) specifies that "Nothing in this subsection shall be construed to bestow upon any
lien... including liens for unpaid assessments created pursuant to this subsection, a priority which, by law,
the lien. . .did not have before July 1, 2008." Accordingly, the first mortgagee's liability to the Homeowners
Association(s) is governed by the controlling Homeowners Association(s)' Declaration at the time the
mortgage was issued. If the Plaintiff is the successful purchaser at the foreclosure sale, it shall be liable to
the Homeowners Association for only those assessments which accrue from the date it acquires title.
NOTI PURSUAN' FLOR STATUTE 45.031
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.
‘THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST
COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2005RZ3 vs. ERIC SANTIAGO, ET AL,
CASE NO: 49-2009-CA-006462 MF
IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS
REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK
NO LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM
YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS.
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 THE CLERK OF THE COURT FOR
OSCEOLA COUNTY, TELEPHONE NUMBER 407-742-2417, 2 COURTHOUSE
SQUARE KISSIMMEE, FL 34741, 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 COMMUNITY LEGAL SERVICES
OF MID-FLORIDA, INC., 407-847-0053, 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 OTHER
OPTIONS. IF YOU CHOOSE TO CONTACT COMMUNITY LEGAL SERVICES OF
MID-FLORIDA, INC. FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS
POSSIBLE AFTER RECEIPT OF THIS NOTICE.
DONE and ORDERED in open court at KISSIMMEE, OSCEOLA County, Florida, this 4TH day of
JANAURY, 2010.
fargaret , Circuit Judge
Copies furnished to:
LAW OFFICES OF DAVID J. STERN, P.A.
900 SOUTH PINE ISLAND ROAD, SUITE 400
PLANTATION, FL 33324-3920
ERIC SANTIAGO
UNKNOWN SPOUSE OF ERIC SANTIAGO N/K/A LARNA SANTIAGO
10151 CHORLTON Cl
ORLANDO, FL 32832
THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST
COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2005RZ3 vs. ERIC SANTIAGO, ET AL
CASE NO: 49-2009-CA-006462 MF
CELEBRATION RESIDENTIAL OWNERS ASSOCIATION, INC.
C/O LARSEN & ASSOCIATES, INC., REGISTERED AGENT
300 S. ORANGE AVE #1200
ORLANDO, FL 32801
CELEBRATION NON-RESIDENTIAL OWNERS ASSOCIATION, INC.
C/O LARSEN & ASSOCIATES, P.A., REGISTERED AGENT
300 S. ORANGE AVE #1200
ORLANDO, FL 32801
LUIS A. GONZALEZ
SANTIAGO GOMEZ
708 MULBERRY AVE
CELEBRATION, FL 34747
JOHN DOE N/K/A LUIS GONZALEZ
JANE DOE N/K/A GLORIA GONZALEZ
708 MULBERRY AVE.
CELEBRATION, FL 34747 195 x
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09-55758 HCNW
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