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Filing # 166162543 E-Filed 02/06/2023 08:53:06 AM
IN THE FLORIDA COURT OF THE TWENTIETH
JUDICIAL CIRCUIT OF FLORIDA IN AND FOR
LEE COUNTY
GENERAL JURISDICTION DIVISION
CASE NO: 22-CA-001090
NEWREZ LLC D/B/A SHELLPOINT
MORTGAGE SERVICING,
Plaintiff,
VS.
LATIESHA T. BRAXTON; TORRANCE COOK ;
UNITED STATES OF AMERICA, ACTING ON
BEHALF OF THE SECRETARY OF HOUSING
AND URBAN DEVELOPMENT; TAMPA
POSTAL DISTRICT FEDERAL CREDIT UNION;
CALOOSA LAKES HOMEOWNERS
ASSOCIATION _ INC.; ANY AND ALL
UNKNOWN PARTIES CLAIMING BY,
THROUGH, UNDER, AND AGAINST THE
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,
Defendant(s).
FINAL JUDGMENT OF FORECLOSURE
This action was heard before the court on January 12, 2023, upon an Order to Show
Cause hearing set pursuant to Florida Statute §702.10. On the evidence presented, IT IS
ORDERED AND ADJUDGED that Plaintiff's Final Judgment is GRANTED against all
Defendants listed by name: LATIESHA T. BRAXTON; TORRANCE COOK ;CALOOSA
LAKES HOMEOWNERS ASSOCIATION INC. ;UNITED STATES OF AMERICA, ACTING
ON BEHALF OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT;
TAMPA POSTAL DISTRICT FEDERAL CREDIT UNION; TORRANCE COOK
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eFiled Lee County Clerk of Courts Page 1
1 Amounts Due. Plaintiff, NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING,
whose address is c/o NEWREZ LLC D/B/A Shellpoint Mortgage Servicing, 75 Beattie Place,
Suite 300, Greenville , SC 29601, is due:
Principal $198,834.59
Interest to date of this judgment: January 12, 2023 $24,852.82
Late Charges $908.82
Insurance $21,037.70
Taxes $18,242.86
Escrow Disbursements $658.50
Corporate Advances $8,975.07
Title: $155.00
Filing Fees: $1,011.30
Lis Pendens: $12.00
Summons: $60.35
Service of Process: $375.00
Flat Fees: $2,610.00
Remaining Advances: $4,751.42
SUBTOTAL $273,510.36
Attorneys’ Fees:
Outstanding Flat Fee: $1,740.00
Attomeys' Fee Total: $1,740.00
SUBTOTAL $275,250.36
Less: Initial Escrow Balance ($684.03)
Less: Credits ($11,927.08)
Less: Unapplied Balance ($532.96)
TOTAL SUM $262,106.29
That shall bear interest at a rate of 5.52%.
2. Lien on Property. Plaintiff holds a lien for the total sum superior to all claims or estates of
defendant(s), on the following described property in Lee County, Florida:
LOT 113, CALOOSA LAKES PHASE 1, ACCORDING TO THE
MAP OR PLAT THEREOF, AS RECORDED IN INSTRUMENT
NUMBER 2006-358513, PUBLIC RECORDS OF LEE COUNTY,
FLORIDA.
Property Address: 19413 MOSSY LEDGE TER, LEHIGH ACRES,
FL 33936
3. Sale of Property. If the total sum with interest at the rate described in paragraph 1 and all
costs accrued subsequent to this judgment are not paid, the Clerk of this Court shall sell the
property at public sale on the 26 day of APRIL, 2023, to the highest bidder for cash, except
as prescribed in paragraph 4, at the courthouse located at 1700 MONROE STREET, CIVIL
DIVISION - 2ND FLOOR, FT. MYERS, FL 33901 in Lee County, Florida, in accordance
with section 45.031, Florida Statutes (2013), using the following method:
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eFiled Lee County Clerk of Courts Page 2
www lee.realforeclose.com beginning at 09:00 AM
Costs. Plaintiff shall advance all subsequent costs of this action and shall be reimbursed for
them by the clerk if plaintiff is not the purchaser of the property for sale, provided, however,
that the purchaser of the property for sale shall be responsible for the documentary stamps
payable on the certificate of title. If plaintiff is the purchaser, the clerk shall credit plaintiff's
bid with the total sum with interest and costs accruing subsequent to this judgment, or such
part of it as is necessary to pay the bid in full.
Distribution of Proceeds. On filing the certificate of title the clerk shall distribute the
proceeds of the sale, so far as they are sufficient, by paying: first, all of plaintiff’s costs;
second, documentary stamps affixed to the certificate; third, plaintiff's attorneys’ fees;
fourth, the total sum due to plaintiff, less the items paid, plus interest at the rate prescribed in
paragraph 1 from this date to the date of the sale; and by retaining any remaining amount
pending the further order of this court.
Right of Redemption/Right of Possession. On filing 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, and defendant(s) right of
redemption as prescribed by section 45.0315, Florida Statutes (2013) shall be terminated,
except as to claims or rights under chapter 718 or chapter 720, Florida Statutes, if any. Upon
the filing of the certificate of title, the person named on the certificate of title shall be let into
possession of the property.
Attorneys' Fees. The requested attomeys' fees are a flat rate flee that the firm's client has
agreed to pay in this matter. Given the amount of the fee requested and the labor expended,
the court finds that a lodestar analysis is not necessary and that the flat fee is reasonable.
The United States of America shall have the right of redemption provided by 28 U.S.C.
§2410(c) and, if it is the successful bidder at the foreclosure sale, it shall be allowed
thirty (30) days to deliver a Treasury check to the Clerk of Court in payment of the
amount of its bid. Further, the deposit required by Florida Statutes 45.021(2) shall be
waived.
Jurisdiction Retained. Jurisdiction is reserved over this action to enforce the Final
Judgment and to enter further orders that are proper including, without limitation, an
award of attorney’s fees and costs, a deficiency decree (if sought and appropriate), writs
of possession, orders granting leave to file supplemental and/or amended pleadings to
add additional parties, and orders resolving any disputes with respect to assessments
and/or other amounts allegedly due associations.
IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE
ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO
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ARE ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THIS
FINAL JUDGMENT.
IF YOU ARE A SUBORDINATE LIEN HOLDER 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
ENTITLE TO ANY REMAINING FUNDS.
If the property has qualified for the homestead tax exemption in the most recent approved
tax roll, the following paragraphs shall apply:
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, 1700
MONROE STREET, CIVIL DIVISION, 2ND FLOOR, FT. MYERS, FL 33901, WITHIN
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 (LEE COUNTY LEGAL AID
SOCIETY, INC., 2211 PECK STREET, FORT MYERS, FL 33902, (239) 334-6118) 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 LEE
COUNTY LEGAL AID SOCIETY, INC. FOR ASSISTANCE, YOU SHOULD DO SO AS
SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE.
DONE AND ORDERED at FT. MYERS, LEE COUNTY, FLORIDA.
GMa hlutewl)
eSigned by Cynthia Pivacek 02/06/2023 08:52:49 OEXB-GA
Electronic Service List
Jennifer A. Nichols ,
John F Rudy Ill
Gail A. Dotson
21-070788 - ASB
eFiled Lee County Clerk of Courts Page 4
JONATHAN IAN MEISELS
John Forney Rudy III
Tracy Starasoler
cm
Postal Service List:
LATIESHA T. BRAXTON
19413 MOSSY LEDGE TER
LEHIGH ACRES, FL 33936
TAMPA POSTAL DISTRICT FEDERAL CREDIT UNION
C/O PRESIDENT, VICE PRESIDENT OR ANY OTHER OFFICER AUTHORIZED TO ACCEPT
SERVICE
15916 NORTH FLORIDA AVENUE
LUTZ, FL 33549
TORRANCE COOK
823 NORTH GAP LOOP
HUNTSVILLE, AL 36110
21-070788 - ASB
eFiled Lee County Clerk of Courts Page 5
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Filing # 166162543 E-Filed 02/06/2023 08:53:06 AM IN THE FLORIDA COURT OF THE TWENTIETH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR LEE COUNTY GENERAL JURISDICTION DIVISION CASE NO: 22-CA-001090 NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING, Plaintiff, VS. LATIESHA T. BRAXTON; TORRANCE COOK ; UNITED STATES OF AMERICA, ACTING ON BEHALF OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT; TAMPA POSTAL DISTRICT FEDERAL CREDIT UNION; CALOOSA LAKES HOMEOWNERS ASSOCIATION _ INC.; ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER, AND AGAINST THE 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, Defendant(s). FINAL JUDGMENT OF FORECLOSURE This action was heard before the court on January 12, 2023, upon an Order to Show Cause hearing set pursuant to Florida Statute §702.10. On the evidence presented, IT IS ORDERED AND ADJUDGED that Plaintiff's Final Judgment is GRANTED against all Defendants listed by name: LATIESHA T. BRAXTON; TORRANCE COOK ;CALOOSA LAKES HOMEOWNERS ASSOCIATION INC. ;UNITED STATES OF AMERICA, ACTING ON BEHALF OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT; TAMPA POSTAL DISTRICT FEDERAL CREDIT UNION; TORRANCE COOK 21-070788 - ASB eFiled Lee County Clerk of Courts Page 1 1 Amounts Due. Plaintiff, NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING, whose address is c/o NEWREZ LLC D/B/A Shellpoint Mortgage Servicing, 75 Beattie Place, Suite 300, Greenville , SC 29601, is due: Principal $198,834.59 Interest to date of this judgment: January 12, 2023 $24,852.82 Late Charges $908.82 Insurance $21,037.70 Taxes $18,242.86 Escrow Disbursements $658.50 Corporate Advances $8,975.07 Title: $155.00 Filing Fees: $1,011.30 Lis Pendens: $12.00 Summons: $60.35 Service of Process: $375.00 Flat Fees: $2,610.00 Remaining Advances: $4,751.42 SUBTOTAL $273,510.36 Attorneys’ Fees: Outstanding Flat Fee: $1,740.00 Attomeys' Fee Total: $1,740.00 SUBTOTAL $275,250.36 Less: Initial Escrow Balance ($684.03) Less: Credits ($11,927.08) Less: Unapplied Balance ($532.96) TOTAL SUM $262,106.29 That shall bear interest at a rate of 5.52%. 2. Lien on Property. Plaintiff holds a lien for the total sum superior to all claims or estates of defendant(s), on the following described property in Lee County, Florida: LOT 113, CALOOSA LAKES PHASE 1, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN INSTRUMENT NUMBER 2006-358513, PUBLIC RECORDS OF LEE COUNTY, FLORIDA. Property Address: 19413 MOSSY LEDGE TER, LEHIGH ACRES, FL 33936 3. Sale of Property. If the total sum with interest at the rate described in paragraph 1 and all costs accrued subsequent to this judgment are not paid, the Clerk of this Court shall sell the property at public sale on the 26 day of APRIL, 2023, to the highest bidder for cash, except as prescribed in paragraph 4, at the courthouse located at 1700 MONROE STREET, CIVIL DIVISION - 2ND FLOOR, FT. MYERS, FL 33901 in Lee County, Florida, in accordance with section 45.031, Florida Statutes (2013), using the following method: 21-070788 - ASB eFiled Lee County Clerk of Courts Page 2 www lee.realforeclose.com beginning at 09:00 AM Costs. Plaintiff shall advance all subsequent costs of this action and shall be reimbursed for them by the clerk if plaintiff is not the purchaser of the property for sale, provided, however, that the purchaser of the property for sale shall be responsible for the documentary stamps payable on the certificate of title. If plaintiff is the purchaser, the clerk shall credit plaintiff's bid with the total sum with interest and costs accruing subsequent to this judgment, or such part of it as is necessary to pay the bid in full. Distribution of Proceeds. On filing the certificate of title the clerk shall distribute the proceeds of the sale, so far as they are sufficient, by paying: first, all of plaintiff’s costs; second, documentary stamps affixed to the certificate; third, plaintiff's attorneys’ fees; fourth, the total sum due to plaintiff, less the items paid, plus interest at the rate prescribed in paragraph 1 from this date to the date of the sale; and by retaining any remaining amount pending the further order of this court. Right of Redemption/Right of Possession. On filing 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, and defendant(s) right of redemption as prescribed by section 45.0315, Florida Statutes (2013) shall be terminated, except as to claims or rights under chapter 718 or chapter 720, Florida Statutes, if any. Upon the filing of the certificate of title, the person named on the certificate of title shall be let into possession of the property. Attorneys' Fees. The requested attomeys' fees are a flat rate flee that the firm's client has agreed to pay in this matter. Given the amount of the fee requested and the labor expended, the court finds that a lodestar analysis is not necessary and that the flat fee is reasonable. The United States of America shall have the right of redemption provided by 28 U.S.C. §2410(c) and, if it is the successful bidder at the foreclosure sale, it shall be allowed thirty (30) days to deliver a Treasury check to the Clerk of Court in payment of the amount of its bid. Further, the deposit required by Florida Statutes 45.021(2) shall be waived. Jurisdiction Retained. Jurisdiction is reserved over this action to enforce the Final Judgment and to enter further orders that are proper including, without limitation, an award of attorney’s fees and costs, a deficiency decree (if sought and appropriate), writs of possession, orders granting leave to file supplemental and/or amended pleadings to add additional parties, and orders resolving any disputes with respect to assessments and/or other amounts allegedly due associations. IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO 21-070788 - ASB eFiled Lee County Clerk of Courts Page 3 ARE ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THIS FINAL JUDGMENT. IF YOU ARE A SUBORDINATE LIEN HOLDER 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 ENTITLE TO ANY REMAINING FUNDS. If the property has qualified for the homestead tax exemption in the most recent approved tax roll, the following paragraphs shall apply: 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, 1700 MONROE STREET, CIVIL DIVISION, 2ND FLOOR, FT. MYERS, FL 33901, WITHIN 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 (LEE COUNTY LEGAL AID SOCIETY, INC., 2211 PECK STREET, FORT MYERS, FL 33902, (239) 334-6118) 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 LEE COUNTY LEGAL AID SOCIETY, INC. FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE. DONE AND ORDERED at FT. MYERS, LEE COUNTY, FLORIDA. GMa hlutewl) eSigned by Cynthia Pivacek 02/06/2023 08:52:49 OEXB-GA Electronic Service List Jennifer A. Nichols , John F Rudy Ill Gail A. Dotson 21-070788 - ASB eFiled Lee County Clerk of Courts Page 4 JONATHAN IAN MEISELS John Forney Rudy III Tracy Starasoler cm Postal Service List: LATIESHA T. BRAXTON 19413 MOSSY LEDGE TER LEHIGH ACRES, FL 33936 TAMPA POSTAL DISTRICT FEDERAL CREDIT UNION C/O PRESIDENT, VICE PRESIDENT OR ANY OTHER OFFICER AUTHORIZED TO ACCEPT SERVICE 15916 NORTH FLORIDA AVENUE LUTZ, FL 33549 TORRANCE COOK 823 NORTH GAP LOOP HUNTSVILLE, AL 36110 21-070788 - ASB eFiled Lee County Clerk of Courts Page 5