No Value: CITIBANK N.A., NOT IN INDIVIDUAL CAPACITY vs. EDWARDS, GAIL W

On May 01, 1974 a No Value was filed involving a dispute between Citibank N.A., Not In Individual Capacity, and Edwards, Gail W, Lopez, Juan Santiago, Santiago, Katherine, Smith, Walter, Tenant 1, Unknown, Tenant 2, Unnown, Unknown Spouse Of Gail W Edwards, for CIRCUIT CIVIL in the District Court of Osceola County.

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Filing # 188048382 E-Filed 12/14/2023 02:03:03 PM

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA

CITIBANK, N.A., NOT IN INDIVIDUAL
CAPACITY BUT SOLEY AS OWNER
TRUSTEE OF NEW RESIDENTIAL
MORTGAGE LOAN TRUST 2019-RPL2,

Plaintiff,
Case No.: 2022 CA 002065 MF
vs.

GAIL W. EDWARDS; et al.,

Defendants.
/

PLAINTIFF’S AMENDED MOTION TO VACATE CERTIFICATE OF TITLE.
VACATE FORECLOSURE SALE, VACATE FINAL JUDGMENT, AND SUBSTITUTE
WALTER SMITH AS PARTY DEFENDANT

COMES NOW the Plaintiff, by and through the undersigned counsel, and files its Motion

to Vacate Certificate of Title, Vacate Sale, and Vacate Final Judgment, and Substitute WALTER

SMITH as Party Defendant, and as grounds states as follows:

1 On August 9, 2022, Plaintiff filed the above mortgage foreclosure action in Osceola

County, Florida against Defendants GAIL W. EDWARDS; UNKNOWN SPOUSE OF GAIL W.

EDWARDS; UNKNOWN TENANT #1; UNKNOWN TENANT #2.

2 According to the Return of Service filed with this Court, GAIL W. EDWARDS

was served by substitute service on August 19, 2022 by serving the co-resident L. James at the

property address. Per the Return of Service attached hereto as Exhibit “A’, there was no indication

that GAIL W. EDWARDS was deceased at the time of substitute service.
3 On February 21, 2023, Final Judgment of Mortgage Foreclosure was entered in

favor of Plaintiff against Defendants GAIL W. EDWARDS and UNKNOWN TENANT #1 N/K/A

L. JAMES. Please see Exhibit “A” attached hereto.

4 On April 11, 2023, a foreclosure sale was held and Juan A. Santiago Lopez and

Katherine Santiago were the successful bidders.

5 On June 11, 2013, Certificate of Title issued in favor of Juan A. Santiago Lopez

and Katherine Santiago. Please see Exhibit “B” attached hereto.

6. Following to completion of the foreclosure sale, Plaintiff discovered that the

borrower, GAIL W. EDWARDS, was deceased prior to the filing of this action.
7
According to the death certificate attached hereto as Exhibit “C”, GAIL W.

EDWARDS passed away on July 27, 2021.

8 Walter Smith is the sole heir of Gail W. Edwards. In the probate matter of In re:

Gail Wancia Edwards, Deceased, Case No.2023 CP 000897 PR, the probate court entered a

homestead order and order of summary administration, determining Walter Smith to be the sole

heir and vesting title to the Property in him.

Law

9 The only indispensable party in a foreclosure action is the record title owner.

Citibank, N.A. v. Villanueva, 174 So.3d 612 (2015).

10. Consequently, the foreclosure judgment entered on February 21, 2023 is void as it

failed to include necessary parties to this action: the unknown and known heirs of Gail W.

Edwards, now deceased.
11. Fla. R. Civ. P. 1.540(b)(5) allows the court upon motion to relieve a party from a

final judgment, decree, order, or proceeding if the judgment is void.

12. “Tf a judgment is ‘void’ then under rule 1.540(b) it can be attacked at any time,

but if it is only ‘voidable’ then it must be attacked within a year of entry of the judgment.’ Condo.

Ass'n of La Mer Estates, Inc. v. Bank of New York Mellon Corp., 137 So. 3d 396, 398 (Fla. 4th

DCA 2014) (stating that Florida courts have long drawn a distinction between a "void" judgment

and a "voidable" judgment. A void judgment is one entered in the absence of the court's jurisdiction

over the subject matter or the person. A void judgment may be attacked at any time); cf. Palmer

v. Palmer, 479 So. 2d 221, 221 (Fla. Sth DCA 1985) ("If a court has subject matter jurisdiction

and that jurisdiction has been properly invoked by pleadings and properly perfected by service of

process, its judgments, although erroneous as to law or fact and subject to reversal on appeal, are

nevertheless not void.").

13. As GAIL W. EDWARDS was deceased at the time this action was filed, her sole

heir, WALTER SMITH, should have been named as a party Defendant as he was an indispensable

party to this action.

14. Accordingly, Plaintiff seeks leave to vacate the Certificate of Title, Sale, and Final

Judgment entered in this action.

15. Should this Court grant Plaintiffs requests to vacate certificate of title, sale, and

Final Judgment, Plaintiff requests this court substitute WALTER SMITH as party Defendant in

place of GAIL W. EDWARDS, Now Deceased.

16. Finally, subsequent to the filing of the original Motion to Vacate, Plaintiff and

WALTER SMITH entered into a Settlement Agreement pursuant to which it was agreed that the

$246,200.00 currently being held in the Court’s registry would be disbursed to Plaintiff pursuant
to an unexpired payoff, with the remainder to WALTER SMITH. Thereafter, Plaintiff
has agreed

to dismiss the foregoing foreclosure action and discharge the Lis Pendens. A copy of the

Settlement Agreement is attached hereto as Exhibit “D”.

WHEREFORE, the Plaintiff respectfully requests this Court to grant Plaintiff's Motion

to Vacate Certificate of Title, Vacate Sale, Vacate Final Judgment, Substitute WALTER SMITH

as Party Defendant, retain jurisdiction to enforce the settlement of the parties, and any other relief

as this Court deems just and proper.

/s/ Alexandra Kalman
Alexandra Kalman, Esq.
Florida Bar No. 109137
Lender Legal PLLC
1800 Pembrook Drive, Suite 250
Orlando, FL 32810
Tel: (407) 730-4644

Attorney for Plaintiff
Service Emails:
akalman@lenderlegal.com
EService@LenderLegal.com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and exact copy of the foregoing was furnished by U.S.

Mail and email, as required, this 14th day of December, 2023 to:

GAIL W. EDWARDS
2522 Quail Run Blvd. N
Kissimmee, FL 34744

UNKNOWN TENANT #1 N/K/A L. JAMES
2522 Quail Run Blvd. N
Kissimmee, FL 34744

Ashton Rooks, Esquire
THE RECOVERY AGENTS, LLC.
2401 E. Atlantic Blvd., Ste. 400
Pompano Beach, FL 33062
ashton@therecoveryagents.com
paralegal@therecoveryagents.com

Nancy E. Brandt, Esq.
Florida Bar No. 65102
Bogin, Munns & Munns, P.A.
1000 Legion PI Ste 1000
Orlando, FL 32801-1025
Attorney for Purchasers and WALTER SMITH
nancyb@boginmunns.com

/s/ Alexandra Kalman
Alexandra Kalman, Esq.
EXHIBIT “A”
Filing # 155882826 E-Filed 08/23/2022 09:34:55 AM

RETURN OF SERVICE

0g
State of Florida County of Osceola Civil Court
Case Number: 2022 CA 002065 MF
Plaintiff: CITIBANK, N.A., NOT IN INDIVIDUAL CAPACITY BUT SOLEY'
AS OWNER TRUSTEE OF NEW RESIDENTIAL MORTGAGE LOAN
TRUST 2019-RPL2
vs.
Defendant: GAIL W. EDWARDS; et al.
For:
Meaghan James
Lender Legal Services, LLC
201 E Pine St Suite 730
Orlando, FL 32801
Received by ALL FLORIDA PROCESS SERVERS on the 10th day of August, 2022 at 10:19 am to be
served on Gail W. Edwards, 2522 Quail Run Blvd N, Kissimmee, Osceola County, FL 34744.

1, REBECA FELICIANO, do hereby affirm that on the 19th day of August, 2022 at 9:27 pm, I:

SUBSTITUTE served by delivering a true copy of the Summons, Notice of Lis Pendens, Certification
of Note Possession, Standing Case Management Plan/Order, and Verified Mortgage Foreclosure
Complaint with the date and hour of service endorsed thereon by me, to:L James as Co-Resident at the
address of: 2522 Quail Run Bivd N, Kissimmee, Osceola County, FL 34744, the within named person's
usual place of Abode, who resides therein, who is fifteen (15) years of age or older and informed said
person of the contents therein, in compliance with state statutes.
Military Status: Based upon inquiry of party served, Defendant is not in the military service of the United
States of America.
Marital Status: Based upon inquiry of party served, Defendant is not married.
Description of Person Served: Age: 30, Sex: F, Race/Skin Color: Black, Height: 5'6", Weight: 160, Hair:
Black, Glasses: N
| do hereby acknowledge that | am a Sheriff Appointed Process Server, in the county in which service was
effected, in accordance with Florida Statutes, | am over the age of 18, and have no interest in the above
action, pursuant to F.S. 92.525(2). Under penalties of perjut | declare that | have read ihe forgoing
affidavit and that the facts stated in it are true. No Notary yé ed Pursuant to f. .

dhict—
REBECA FELICIANO
CPS# 448
ALL FLORIDA PROCESS SERVERS
2807 EDGEWATER DR
SUITE 1
ORLANDO, FL 32804
(407) 373-9238
Our Job Serial Number: LDL-2022001360
Ref: LLS10330-JM

Copyright © 1992-2022 DreamBuilt Software, Inc. - Process Server's Toolbox V8.2m
Filing # 154919092 E-Filed 08/09/2022 07:26:42 AM

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA

CITIBANK, N.A., NOT IN INDIVIDUAL
CAPACITY BUT SOLEY AS OWNER
TRUSTEE OF NEW RESIDENTIAL
MORTGAGE LOAN TRUST 2019-RPL2,
po2r Of 2S mr
Plaintif¢, Case No:

vs. For Process Server to Complete

GAIL W. EDWARDS; et al.,

Defendants.

48
A\WAYAX
A BAP
SUMMONS

YOU ARE HEREBY COMMANDED to serve this Summons and a copy of the complaint
on defendant(s):
GAIL W. EDWARDS
2522 QUAIL RUN BLVD N,
KISSIMMEE, FL 34744

A lawsuit has been filed against you. You have 20 calendar days after this summons is
erved on you 0 file a written response to the attached complaint with the clerk of this
court. A phone call will not protect you; your written response, including the case number
given above and the names of the parties, must be filed if you want the court to hear your
side of the case. If you do not file your response on fime, you may lose the case, and your
wages, money and property may thereafter be taken without further warning from the
court, There are other legal requirements. You may want ¢o call an attorney right away, If
you do not know an attorney, you may call an attorney referral service or legal aid office
(listed in the phone book)

If you choose to file a written response yourself, at the same time you file your written
response to the court at ,.2 Courthouse Square, #2000, Kissimmee, FL 34741 You must
also mail or take a carbon copy or photocopy of your written response to the “plaintiff's
attorney" listed below:

‘LLS10330-EDWARDS,
GAIL W. |
Meaghan J. Diaz de Villegas, Esq.

Lender Legal PLLC
2807 Edgewater Drive
Orlando, F1 32804
Attomey for Plaintiff
mijdiaz@lenderlegal.com

WRT & Coy,

tii, f be fi Hl RY ty Comptroler

ly
OER E COURT

pate: 4™ Nraccpnsst BY:
WwyeY
5 COURT
DEPUTY C

IMPORTANTE

Usted ha sido demandado legalmente. Tiene 20 dias contados a partir del recibo de esta
notificacion para contester 1a demarida adjunta, por escrito, y presentarla ante este tribunal. Una
Ramada telefonica no lo protegera. Si usted desea que el tribunal considere su defensa, debe
presentar su respuestapor escrito, incluyendo el numero de caso y los nombres de las partes
interesadas. Si usted no contesta la demanda a tiempo, pudiese perder el caso y podria set
despojado de sus ingress y propiedades. privado de sus derechos, sin previo aviso del tribuanl.
Existen otros requisitos legates. Si to desea puede used consulter a un abogado inmediatemente. Si
no conoce aun abogado, puede Tamar a una de las oficinas de asistencia Jegal que aparencen en la
guia telefonica.

Si desea responder a Ja demanda per su cuenta, al mismo tiempo en que presenta su Tespuesta
ante.él tribunal debera usted enviar por correo o entregar una copia de su respuesta a la persona
demoninada abajo como "Plaintiff Plantiff Attorney" (Demandante 0 Abogado del Demandante).

IMPORTANT.
.

Des poursuites judiciares ont ete enreprises contre vous. Vous avez 20 jours consecutifs a partir de
In date de 1'assignation de cetie citation pour deposer une response ecrite a la plainte ci-jointe
aupres de ce tribunal. Un simple coup de telephone est insuffisant pur vous proteger. Vous etes
oblige de deposer votre response ecrite, avec mention du numero de dossier ci-dessus et du nom
des parties nommees si vouse souhaitez que le tribunal entende votre cause. Si vous ne deposez
pas votre response ecrite clans le delai requis, vous risquez de perdre Ja cause ainsi que votre
salaire, votre argent., et vos biens peuvent etre saisis par la suite, sans aucun preavis ulterieur du
tribunal. 11 y a d'autres obligations juriduques et vous pouvez requerir les services immediates
EXHIBIT “B”
IN THE CIRCUIT COURT OF THE NINTH
JUDICIAL CIRCUIT IN AND FOR OSCEOLA
COUNTY, FLORIDA

Case No: 2022 CA 002065 MF

CITIBANK, N.A., INDIVIDUAL
NOT IN
CAPACITY BUT SOLEY AS OWNER
TRUSTEE OF NEW RESIDENTIAL
MORTGAGE LOAN TRUST 2019-RPL2,

Plaintiff,
vs.

GAIL W. EDWARDS; UNKNOWN SPOUSE
OF GAIL W. EDWARDS; UNKNOWN
TENANT #1; UNKNOWN TENANT #2,

Defendants.
i

FINAL SUMMARY JUDGMENT FOR FORECLOSURE

THIS ACTION was heard before the Court at Hearing on Plaintiff's Motion for Summary
Final Judgment on February 21, 2023. The Court, based upon the state of the record at the time
of the hearing, finds that there is no genuine dispute as to any material fact and that Plaintiff is
entitled to judgment as a matter of law. It is therefore,

ORDERED AND ADJUDGED that:

1) Plaintiff's Motion for Summary Judgment is GRANTED.

2) This Court has jurisdiction over foreclosure cases pursuant to Florida Statutes.
Service of process has been secured upon all Defendants.

3) Plaintiff holds a lien for the total sum in this Final Judgment which is superior, prior
and paramount to the right, title, interest, claims, liens, encumbrances and equities of the following
Defendants: GAIL W. EDWARDS and UNKNOWN TENANT #1 N/K/A L. JAMES and any
unknown heirs, devisees, grantees, creditors, and other unknown persons or unknown spouses
claiming by, through and under any of the above-named Defendants, and all persons claiming any
interest since the filing of the Lis Pendens on the following real property:

LOT 35, QUAIL HOLLOW PHASE ONE, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6,
PAGES 105 AND 106, PUBLIC RECORDS OF OSCEOLA
COUNTY, FLORIDA.

LLS10330-EDWARDS. GAIL W. | 2522 QUAIL RUN BLVD N |
CASE NO: 2022 CA 002065 MF

Property Address: 2522 Quail Run, Kissimmee, FL 34744

4) From the Affidavits in the file and the uncontested allegations of the Complaint, the
correct legal description of the property is as shown hereinabove. Plaintiff has a lien upon the real
estate hereinafter described and such lien and security interests are prior, paramount and superior to
the right, title, interest, claims, liens, encumbrances and equities of all Defendants and all persons
claiming any interest since the filing of the Lis Pendens in the property described above.

THIS JUDGMENT IS AGAINST GAIL W. EDWARDS AS RECORD TITLE
OWNER TO THE REAL PROPERTY HEREIN DESCRIBED. All other Defendants'
interests are in the form of inferior liens to Plaintiff's Note and Mortgage. As such, said liens are
extinguished subject to any statutory right of redemption as outlined further in this Final Summary
Judgment.

5) There is now due and owing to Plaintiff under the note, mortgage, and loan
modification sued upon herein, the following sums of money, to-wit:

Principal Balance Due $107,744.42
Interest on the Note and Mortgage from 12/01/2020 to 12/18/2022 $6,666.72
Per Diem of $8.28 at 3.00%
Interest from 12/19/2022 to 2/21/2023 $529.92
Per Diem of $8.28 at 3.00%
Deferred P& I $56,652.87
ESCROW ADVANCES $7,200.04
Initial Escrow Balance ($617.46)
Credits ($3,347.33)
County Taxes $5,198.83
Hazard Insurance $5,966.00
CORPORATE ADVANCES $1,130.00
NSF Fee Payment $25.00
Title Cost $775.00
Property Inspection $330.00
UNAPPLIED BALANCE -($24.31)
SUBTOTAL $179,899.66
COURT COSTS $1,321.64
Filing Fee $987.39
Service of Process $260.00
Recording Fees $74.25
ATTORNEY’S FEES $4,763.75
TOTAL DUE $185,985.05

LLS10330-EDWARDS, GAIL W. | 2522 QUAIL RUN BLVD N|
2
CASE NO: 2022 CA 002065 MF

6) ADDITIONAL COSTS & ADVANCES:

6.1. Any third party bidder is responsible for paying the Registry Fee and
Documentary Stamps. The Clerk shall compute the Registry Fee and Documentary
Stamps and collect said amounts from the third party bidder. Also, additional
advances made by Plaintiff such as real estate taxes, insurance, and superior
mortgagee payments may be added upon filing of an affidavit listing them upon
further order of the Court. Any such amount will be added to the total bid.

6.2. Additionally, the total sum due Plaintiff shall include publication of Notice of Sale
costs, interest at the legal rate per Sect. 55.03, F.S.(1994), from the date of this Final
Judgment to the date of sale. Said interest shall be applied in accordance with paragraph
5 above.

7) CLERK'S SALE:

DIRECTIONS TO SELL: Unless the Defendants shall, at any time prior to the sale of the
real estate and other property and fixtures heretofore described, pay to the Plaintiffor its attorneys,
the total sums found to be due Plaintiff, then said property shall be sold by the Clerk of the Court
to the highest bidder for cash at public sale, free and clear of all right, title, interest, claim, lien,
encumbrance, remainder, reversion, homestead, dower or equity of redemption whatsoever of the
Defendants named herein, and all persons, firms or corporations claiming interest in said property
subsequent to the filing of the Notice of Lis Pendens. If subsequent to the date of Plaintiffs
Affidavit of Indebtedness and prior to the foreclosure sale, Plaintiff shall be required to advance
any monies to protect its mortgage lien, then Plaintiff or its attorneys shall so certify to the Clerk
of this Court, and the amount found due to Plaintiff shall be increased by the amount of such
advances upon further order of the Court.
Rooms Historerc
7.1. DA : Said sale shall be held in Suite 2600 of the sceola County Courthouse,
Courtho Square at 11:00 a.m. in accordance with Chapter 45 Florida Statutes,
on , 2023, after the publication of notice thereof as required by
Section 5.031 of the Florida Statutes, and promptly after such sale the Clerk shall
complete and file a Certificate of Sale. If Plaintiffis the successful bidder at foreclosure
sale it has the right to assign its bid by filing an Assignment of Bid form naming the party
to which the bid has been assigned. The Clerk of the Circuit Court is to issue the
Certificate of Title in accordance with Plaintiff's Assignment of Bid without further order
of Court.

7.2. PLAINTIFF'S BID RIGHTS: Plaintiff is hereby given leave to bid at said sale and
to apply against any bid made by it the amount found to be due Plaintiff in this Final
Judgment. Section 45.031(2) F.S. requires that the high bidder post with the Clerk a
deposit equal to five percent of the final bid. However, if the Plaintiffor its assignee is
the successful bidder, they are excluded from the deposit requirement. In the event that
the successful bidder fails to place the requisite deposit in accordance with Florida
Statutes with the Clerk, said bid is void. Additionally, if the final payment is not made

LLS10330-EDWARDS, GAIL W. | 2522 QUAIL RUN BLVD N |
a
3
CASE NO: 2022 CA 002065 MF

within the prescribed period, the clerk shall re-advertise the sale and pay all costs of the
sale from the deposit in accordance with Florida Statutes. Any remaining funds shall be
applied toward the judgment.

7.3. CLERK'S DISBURSEMENT: Out of the proceeds arising from the sale, the Clerk
shall retain their fee. From the remainder of the proceeds, as far as they shall apply in
satisfying the Plaintiffs remaining sum due, they are to send their check to Lender Legal
PLLC, 2807 Edgewater Drive, Orlando, Florida 32804, and payable to Plaintiff.

7.4. SURPLUS FUNDS: 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. If said real property
and other property shall sell for more than enough to pay Plaintiff all sums due it, then
the Clerk shall report any surplus proceeds to this Court. The Clerk of Court shall hold
the surplus in the Registry of this Court. Thereafter, upon motion and notice of hearing
to all parties, even those defaulted, the Court will adjudicate the rights thereto according
to law and equity. GENERAL BANK v. WESTBROOK POINTE, INC., 548 So.2d 736,
(Fla. 3rd DCA 1989).
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 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, Armando Ramirez, Osceola
County Clerk of Court, Attn: Circuit Civil Division, 2 Courthouse Square, Suite
2000 Kissimmee, Florida 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 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 for assistance, you should do so as soon as possible after receipt of this
notice.

7.5. PRESENCE OF PLAINTIFF AT SALE: The said sale shall not take place unless a
representative of the Plaintiff is present. If there is no representative, then the sale shall

LLS10330-EDWARDS, GAIL W. | 2522 QUAIL RUN BLVD N |
4
CASE NO: 2022 CA 002065 MF

be cancelled by the Clerk. The Plaintiffs attorney shall secure a new sale date. Ifa sale
shall take place, it shall be null and void and no documents shall be issued by the Clerk,
except to inform this Court of what may have occurred.

7.6. RIGHT OF REDEMPTION: On filing the certificate of sale, defendants and all
persons claiming under or against defendants since the filing of the notice of lis
pendens shall be foreclosed of all estate or claim in the property, except as otherwise
stated in this Judgment or as to claims or rights under chapter 718 or chapter 720,
Florida Statutes, if any.

8) TITLE TO SUCCESSFUL BIDDER:

If no objections to said sale are filed in this proceeding within ten days from the filing of the
Certificate of Sale, the Clerk shall forthwith complete and file a Certificate of Title as prescribed by
law, after which the sale of the real estate and other property and fixtures shall stand confirmed as
certified by the Clerk. Title shall pass fully and completely to the purchaser named in the Certificate
of Title free and clear of any right, title, interest, estate, claim or other equity of the Defendants or any
person claiming by, through or under them or any person claiming any interest in said real estate or
other property and fixtures herein ordered to be sold shall stand confirmed as certified by the Clerk.
Title to the real estate and other properties sold shall pass fully and completely to the purchaser named
in the Certificate of Title, free and clear of any right, title, interest estate, claim or other equity of the
Defendants or any person claiming by, through or under them or any person claiming any interest in
said real estate or other property and fixtures since the filing of the Notice of Lis Pendens herein.
Plaintiff if successor bidder at the foreclosure sale, may assign its Bid by filing a Notice of Assignment
and the Clerk of the Court shall issue the Certificate of Title to said assignee without further Order of
Court.

8.1. CERTIFICATE OF TITLE: On filing the Certificate of Title the defendants in this
action as mentioned above and all persons claiming under or against said defendants
since the filing of the Lis Pendens shall be foreclosed of all estate or claim in the real
property and the purchaser at the sale shall be let into possession of the property,
subject to the provisions of the “Protecting Tenant at Foreclosure Act of 2009.”

9) WRITS OF POSSESSION ISSUANCE:

If the Plaintiff is the purchaser at the sale, Plaintiff, its heirs, representatives, successors or
assigns shall be placed in immediate possession of the aforedescribed premises. In the event the
defendants fail to vacate said premises within ten days of the date of the foreclosure sale as provided
above, the Clerk of the Court is directed to issue a Writ of Possession to the Plaintiff forthwith and
upon further Order from this Court for the premises located at 2522 QUAIL RUN BLVD N,
KISSIMMEE, FL 34744.

10) COMPLIANCE WITH FLORIDA STATUTES CHAPTER 55:

Pursuant to Florida Statutes Chapter 55 the following is the address of the Plaintiff: Shellpoint
Mortgage ServicinG, PO Box 10826, Greenville, SC 29603.

LLS10330-EDWARDS, GAIL W. | 2522 QUAIL RUN BLVD N |
5
CASE NO: 2022 CA 002065 MF

11) RETENTION OF JURISDICTION:

This Court retains jurisdiction for the purpose of making any further orders and judgments as
may be necessary and appropriate herein, including but not limited to all claims for deficiencies.

DONE AND ORDERED in Chambers at OsceolFiginta FSigndds day of February,

2023. FEB 2 1 2023
TOM YOUNG
Circuit Judge

Circuit Judge

Copies Furnished to:

Alexandra Kalman, Esq.
Lender Legal PLLC
2807 Edgewater Drive
Orlando, Florida 32804
Attorney for Plaintiff

GAIL W. EDWARDS
2522 Quail Run Blvd. N
Kissimmee, FL 34744

UNKNOWN TENANT #1 N/K/A L. JAMES
2522 Quail Run Blvd. N
Kissimmee, FL 34744

LLS10330-EDWARDS, GAIL W. | 2522 QUAIL RUN BLVD N|
6
CASE NO: 2022 CA 002065 MF

Addendum to Final Judgment

This addendum is a part of the final judgment to which it is attached. The rights and
interests of the parties and anyone acquiring title to the mortgage property at foreclosure sale are
subject to and governed by the Helping Families Save Their Homes Act of 2009, 12 U.S.C. 5201.
This means among other things that:

The party acquiring title through foreclosure sale takes subject to the interest of tenants as
follows:

1 If the property is occupied by a bona fide tenant who has an unexpired written lease
then the party acquiring title at the foreclosure sale shall honor all terms of the existing
lease. The tenant must also honor all terms and conditions of the existing lease. However,
if the party acquiring the property at foreclosure sale intends to occupy it as their primary
residence then they may terminate the lease by giving the tenant a 90 day written notice
before terminating the tenancy. Until the lease is terminated both parties must perform all
terms and conditions of the existing lease.

2. If the property is occupied by a bona fide tenant without a lease or with a lease
terminable at will under Florida law then the party acquiring title through foreclosure sale
shall give the tenant a minimum 90 day written notice before terminating the tenancy. Until
the tenancy is terminated both parties must perform all terms and conditions of the tenancy.

3 If the tenant is a participant in the Section 8 voucher program the new owner takes
the property subject to the Section 8 lease and the Section 8 Housing Assistance Payments
contract provided however, if the new owner wants to live in the property then he shall
give the tenant a minimum 90 day written notice before terminating the tenancy. Until the
tenancy is terminated both parties must perform all terms and conditions of the tenancy.

A lease or tenancy is considered bona fide only if:

a. The mortgagor or the child, spouse, or parent of the
mortgagor under the contract is not the tenant:

b. The lease or tenancy was the result of an arms-length
transaction; and

The lease or tenancy requires the receipt of rent that is not substantially less than
fair market rent for the property or the unit’s rent is reduced or subsidized due to
a Federal, State, or local subsidy.

LLS10330-EDWARDS, GAIL W. | 2522 QUAIL RUN BLVD N|
7
EXHIBIT “C”
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA

CITIBANK, N.A., NOT IN INDIVIDUAL
CAPACITY BUT SOLEY OWNER AS
TRUSTEE OFNEW RESIDENTIAL
MORTGAGE LOAN TRUST 2019-RPL2,

Plaintiff, Case No: 2022 CA 002065 MF
YS.

GAIL W. EDWARDS; et al.,

“Defendants.
f
CERTIFICATE OF TITLE

te of Sale
The undersigned Clerk of the Court certifies that he executed and filed a Certifica
‘
in this action on April 2023 for the property described herein and that no objections to the

sale have been filed within the time allowed for filing objections.

The following property in Osceola County, Florida:

LOT 35, QUAIL HOLLOW PHASE ONE, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6,
PAGES 105 AND 106, PUBLIC RECORDS OF OSCEOLA
COUNTY, FLORIDA.

Sy
Property Address: 2522 Quail Run Blvd. N., Kissimmee, FL 34744
—<—
was sold to and the Certificate of Title is hereby issued to oO a cop t2-

ay O Katheeqe Si Ft ing
IN WITNESS THEREOF, | have hereunto set my hand and the seal of this Court on

APR2 4 M2023. gun y Compt
Ke WU tk 0 the Uicult
CLERK OF THE CIRCUIT COURT

[Al KA
Deputy Clerk
—_—

LLS10330-EDWARDS, GAIL W. | 2522 QUAIL RUN BLVD N
EXHIBIT “D”
Vinesign Document ID: 3FO0EBBB-4433-4DE7.B79C-5567151 12064

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA

Case No: 2022 CA 002065 MF

CITIBANK, N.A., NOT IN INDIVIDUAL
CAPACITY BUT SOLEY AS OWNER
TRUSTEE OF NEW RESIDENTIAL
MORTGAGE LOAN TRUST 2019-RPL2,

Plaintiff,
vs.

GAIL W. EDWARDS; et al.,

Defendants.
/
AGREEMENT
By this Agreement, CITIBANK, N.A., NOT IN INDIVIDUAL CAPACITY BUT SOLEY

AS OWNER TRUSTEE OF NEW RESIDENTIAL MORTGAGE LOAN TRUST 2019-RPL2,

(“Lender”), WALTER SMITH (“Smith”), and JUAN SANTIAGO LOPEZ and KATHERINE

SANTIAGO, husband and wife (the “Santiagos”), agree as follows:

RECITALS

This Agreement concerns the real property located at 2522 Quail Run Blvd N., Kissimmee,

Florida 32522 (the “Property”).

At times material hereto, the Property was owned by Gail W. Edwards (“Ms. Edwards”).

Ms. Edwards died on July 27, 2021, as a resident of Osceola County, Florida.

The Property was Ms. Edward’s homestead at the time of her death. Ms. Edwards was

unmarried at the time of her death. Smith is Ms. Edwards’ son and only child. Smith is

the sole beneficiary of Ms. Edward’s estate.

The Property is encumbered by a mortgage dated November 26, 2007 (“the Mortgage”)

securing payment of a promissory note (“Note”) given by Ms. Edwards to Countrywide

Page 1 of 10

The signed document can be validated at hitps://app.vinesign.com/Verify
ae

Bank, FSB. The Mortgage was recorded on December 26, 2007, in OR Book 3614 at Page

2771 of the Public Records of Osceola County, Florida. The Note and Mortgage were later

modified by the Loan Modification Agreement recorded in Official Record Book 4446,

Page | of the public records of Osceola County, Florida. The Mortgage is currently held

by Lender.

On August 9, 2022, Lender, unaware of Ms. Edward’s passing, filed the above-captioned

lawsuit seeking to foreclose the Mortgage (the “Lawsuit”}. Lender caused a summons to

be issued to Ms. Edwards. The Affidavit of Service of the summons did not indicate that

Ms. Edwards was deceased. Therefore, Lender continued the Lawsuit solely against Ms.

Edwards and did not seek to substitute her estate or Smith as defendants, and did not seek

the appointment of a guardian ad litem.

On February 21, 2023, Final Summary Judgment for Foreclosure in the amount of

$189,985.05 was entered in favor of Lender (“Final Judgment”). Pursuant to the Final

Judgment, on April 11, 2023, a foreclosure sale was held. The Santiagos were the winning

bidders and paid the sum of $246,200.00 for the purchase of the Property (the “Proceeds”).

The Proceeds remain in the custody of the Clerk of Court.

On April 24, 2023, a Certificate of Title was issued to the Santiagos by the Clerk of Court,

which Certificate of Title was recorded on April 24, 2023 as File # 2023048956, in OR

Book 6393, Page 1442, Public Records of Osceola County, Florida.

The Santiagos went into possession of the Property and made valuable and permanent

improvements to the Property.

On May 19, 2023, Smith, through an assignee, The Recovery Agent (“TRA”) filed a

Motion to Intervene into the Lawsuit to make a claim for the surplus Proceeds. The filings

Page 2 of 10
of TRA revealed that Ms. Edwards was deceased. The TRA has not been granted leave to

intervene.

On May 30, 2023, Lender filed a Motion seeking to vacate the Certificate of Title and

foreclosure sale, vacate the Final Judgment, and appoint a guardian ad liter, on the grounds

that the owner of property is an indispensable party to a foreclosure proceeding, and the

failure to include necessary parties to this action, to wit, the unknown and known heirs of

Ms. Edwards, rendered the Final Judgment void.

On June 2, 2023, the Santiagos moved to intervene into the lawsuit, and on July 5, 2023,

an order permitting their intervention was granted.

The Parties have now reached an agreement to resolve this matter on the following terms.

AGREEMENT

NOW THEREFORE, in consideration of the representations, covenants and promises

contained herein, and for other good and valuable consideration, the receipt and sufficiency of

which are hereby acknowledged, the parties agree as follows:

1 RECITALS. The foregoing recitals are true and correct and are adopted as part of this

Settlement Agreement.

2. PROBATE OF MS. EDWARDS’ ESTATE. Within ten (10) days of the Effective Date of

this Agreement, the law firm of Bogin, Munns & Munns, P.A., will file an summary estate

proceeding to probate the Estate of Ms. Edwards. Smith will be the petitioner of the estate

proceeding and will fully cooperate with counsel to proceed diligently to obtain a determination

of heirs, an order determining homestead, and any other document or order deemed necessary to

confirm title to the Property is vested in Smith as the sole heir of Ms. Edwards. The Santiagos

will pay the attorney’s fees and costs to Bogin, Munns & Munns, P.A. for the probate action. A

Page 3 of 10
separate agreement and conflict waiver has been / will be signed by Bogin, Munns & Munns, P.A.,

Smith, and the Santiagos.

3 CONVEYANCE OF PROPERTY. Within five (5) days of obtaining the Homestead Order

in the estate proceeding, Smith shall execute a quitclaim deed conveying all right title and interest

in and to the Property to the Santiagos. Smith shall deliver the duly executed quitclaim deed to

Nancy E. Brandt, Esq., who shall hold the quitclaim deed in trust until the Proceeds are disbursed

pursuant to the provisions of Paragraph 4, below.

4 DISBURSEMENT OF PROCEEDS. Upon receipt of the duly executed quitclaim deed,

the Parties jointly, or any Party singularly, shall petition the Court in the Litigation to enter an

Order directing immediate disbursement of the Proceeds, as follows:

a. First, to Lender, in an amount necessary to fully satisfy the Mortgage; and

b. Then, the remaining Proceeds shall be disbursed to Smith.

5 STAY / DISMISSAL OF LAWSUIT. A fully executed copy of this Agreement shall be

filed in the Lawsuit by the Santiago’s counsel. Pending finalization of all obligations in this

Agreement, the Parties agree to a full stay of the Lawsuit. Upon receipt of Proceeds to satisfy the

Mortgage pursuant to an unexpired payoff letter provided by Lender, Lender shall dismiss the

Lawsuit with prejudice. Notwithstanding the foregoing, Lender reserves the right to proceed on

its May 30, 2023, Motion to vacate the certificate of title, et al., if this matter is not fully concluded

within six (6) months of the Effective Date of this Agreement.

6 RELEASE OF MORTGAGE. Upon receipt of sufficient Proceeds to satisfy the Mortgage

pursuant to an unexpired payoff letter provided by Lender, Lender shall record a release of the

Mortgage in the Public Records of Osceola County, Florida within the time provided by Florida

law.

Page 4 of 10
7
WAIVER OF DAMAGES CLAIMS. The Parties agree that by this settlement, other than

the disbursements of the Proceeds as required herein, they have each waived, relinquished and

discharged any claims for monetary damages against the other arising from or relating to the

Property.

8 FURTHER ASSURANCES. In addition to the documents, instruments and acts described

in this Agreement and which are to be executed and/or delivered and/or taken pursuant to this

Agreement, cach Party agrees to execute and deliver from time to time upon reasonable request

such other documents and instruments, and take such other action, as may reasonably be required

to more fully and completely evidence and carry out the transactions contemplated by this

Agreement.

9. GOVERNING LAW AND SPECIFIC PERFORMANCE. The Parties agree that the laws

of the State of Florida (without giving effect to its conflict of law principles) govern all matters

arising out of, or relating to, this Agreement, including, without limitation, its validity,

interpretation, construction, performance, and enforcement. In the event that a Party fails to

perform any of the covenants of this Agreement, the other Party, at his/her option, may proceed at

law or in equity to enforce his/her legal rights hereunder, including but not limited to, the right to

bring suit for specific performance.

10. VENUE AND PREVAILING PARTY FEES. Any Party bringing a legal action or
proceeding against any other Party arising out of, or relating to this Agreement, must bring such

action or proceeding in a court of competent jurisdiction in Osceola County, Florida exclusively.

The Parties further agree that the Courts of competent jurisdiction in Osceola County, Florida will

have personal jurisdiction over them regarding any litigation arising from or related to this

Agreement. In the event that litigation results from or arises out of this Agreement or the

Page 5 of 10
performance thereof, the prevailing Party shall be entitled to reimbursement of his/her reasonable

attorney fees, court costs and all other expenses in addition to any other relief which the prevailing

Party may be entitled including such other entitlements stated herein.

Ii. COUNTERPARTS/ SIGNATURES. This Agreement may be executed in multiple

counterparts, each of which shall be deemed an original and all of which together shall constitute

one and the sam

Case Info

Judge

YOUNG, TOM Track Judge’s New Case

Case No.

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Document Filed Date

March 30, 2024

Case Filing Date

May 01, 1974

County

Parties

CITIBANK N.A., NOT IN INDIVIDUAL CAPACITY Plaintiff
EDWARDS, GAIL W Defendant
LOPEZ, JUAN SANTIAGO Defendant
SANTIAGO, KATHERINE Defendant
SMITH, WALTER Defendant
TENANT 1, UNKNOWN Defendant
TENANT 2, UNNOWN Defendant
UNKNOWN SPOUSE OF GAIL W EDWARDS Defendant
Alexandra Kalman Attorneys for Plaintiffs
Ashton Rooks Attorneys for Plaintiffs
Meaghan de Villegas Attorneys for Plaintiffs
Nancy Brandt Attorney
Kelvin Soto Attorney
Anas Iqbal Attorney
Michael Rak Attorneys for Plaintiffs

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No Value: CITIBANK N.A., NOT IN INDIVIDUAL CAPACITY vs. EDWARDS, GAIL W

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