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Filing # 191532733 E-Filed 02/08/2024 10:40:49 AM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
SEACOAST NATIONAL BANK,
Plaintiff,
v. CASE NO.: 2023-CA-005104 MF
RIEL R. FRAZER; HANOVER LAKES
HOMEOWNERS ASSOCIATION, INC.;
AND UNKNOWN TENANT(S),
Defendants.
_________________________________/
PLAINTIFF’S AMENDED MOTION FOR SUMMARY FINAL JUDGMENT
OF FORECLOSURE ON VERIFIED COMPLAINT
AND TO TAX ATTORNEY’S FEES AND COSTS
Plaintiff, SEACOAST NATIONAL BANK (hereinafter referred to as “SEACOAST”), by
and through undersigned its undersigned counsel, files this Motion for Summary Final Judgment
of Foreclosure and To Tax Attorney’s Fees and Costs and says:
1. This Motion is filed pursuant to Fla. R. Civ. P. 1.510. The particular grounds on
which the Plaintiff’s Motion for Summary Final Judgment of Foreclosure on Verified Complaint
and to Tax Attorney’s Fees and Costs is based are set forth below.
2. Plaintiff filed its Complaint to Foreclose on residential real property located in
Osceola County, Florida, the legal description of which is set forth in the Complaint.
3. Defendants REIL R. FRAZER and UNKNOWN TENANT, were served with the
Complaint on December 29, 2023, by individual service on the Unknown Tenant (who refused to
identify himself other than as a co-resident) and by substitute service a to REIL R. FRAZER as
shown by the Verified Returns of Service filed with the Court on January 22, 2024. These
Defendants did not file a response and on January 23, 2024. the Clerk issued a Default.
4. Defendant, HANOVER LAKES HOMEOWNERS ASSOCIATION, INC., was
served with the Complaint on January 4, 2024, by corporate as shown by the Verified Return of
Service filed with the Court on January 22, 2024. A response was therefore due from the
Defendant by January 24, 2024. This Defendant did not file a response and on February 7, 2024
the Clerk issued a Default.
5. Plaintiff owns and holds the HELOC and Mortgage and is entitled to recover its
principal, interest, late charges, costs, attorney’s fees and other expenses all of which are more
fully set forth in the affidavits attached hereto and incorporated by reference herein as Exhibits
“A,” “B,” and “C.”
6. The substantial matters of law to be argued are as follows:
a. Pursuant to Rule 1.510 of the Florida Rules of Civil Procedure, a party is
entitled to summary judgment only “if the pleadings, depositions, answers to
interrogatories, admissions, affidavits, and other materials as would be
admissible in evidence on file show that there is no genuine issue as to any
material fact and that the moving party is entitled to a judgment as a matter of
law.” To prevail on a motion for summary judgment, the movant has the burden
of showing a lack of any genuine issue of material fact. Landers v. Milton, 370
So. 2d 368, 370 (Fla. 1979); See City of Cocoa v. Leffler, 762 So. 2d 1052,
1055 (Fla. 5th DCA 2000), citing Holl v. Talcott, 191 So. 2d 40, 43 (Fla. 1966).
Furthermore, the trial court must view the evidence in the light most favorable
to the non-moving party and must draw every reasonable inference in the non-
moving party’s favor. Moore v. Morris, 475 So.2d 666 (Fla. 1985). Effective
May 1, 2021, Rule 1.510 was amended to largely follow the text of federal rule
56. Summary judgment is not to be disfavored but is an integral part of “the
just, speedy and inexpensive determination of every action.” Celotex Corp. v.
Catrett, 477 U.S. 317, 327 (1986). “[W]hen opposing parties tell two different
stories, one of which is blatantly contradicted by the record, so that no
reasonable jury could believe it, a court should not adopt that version of the
facts for purposes of ruling on a motion for summary judgment.” Scott v
Harris, 550 U.S. 372, 380 (2007). Any opposition to a motion for summary
judgment must be an extension of an affirmative defense which has bee
properly raised in a prior responsive pleading. Cong. Park Office Condos II,
LLC v. First-Citizens Bank & Trust Co., 105 So.3d 602 (Fla. 4th DCA 2013.
b. Interest of the owner of record for the property described herein is inferior and
subordinate to the interest of Plaintiff. Joron v. Sayre, 24 Fla. 1, 3 So. 329
2
(1888); Sarmiento v. Stockton, Whatley, Davin & Co., Inc., 399 So.2d 1057
(Fla. 3d DCA 1984); United States v. First Federal Savings and Loan
Association of St. Petersburg, 155 So.2d 192 (Fla. 2d DCA 1963).
c. The lien of Plaintiff’s mortgage takes priority over any other subsequent claims
or liens attaching to the property through the mortgagors, their successors,
assigns and tenants. Lee v. Slemons, 112 Fla. 675, 150 So. 792 (1933); Bullard
v. Fender, 140 Fla. 448, 192 So. 167 (1939); County of Pinellas v. Clearwater
Fed. Sav. & L. Assn., 214 So.2d 525 (Fla. 2d DCA 1968).
d. As a matter of law, the entire indebtedness secured by the mortgage held by
Plaintiff is due and collectible. VanHuss v. Prudential Ins. Co. of America,
123 Fla. 20, 165 So. 896 (1936); Baader v. Walker, 153 So.2d 51 (Fla. 2d
DCA), cert. denied, 156 So.2d 858 (Fla. 1963).
e. In this action, no valid tender of payment on the note and mortgage has been
made by any Defendant or person otherwise obligated to make payments.
Jacobs v. Automotive Repair Center, 127 So.2d 263 (Fla. 1st DCA 1962);
Chandler v. Wright, 16 Fla. 510 (1878).
f. The provisions of the note and mortgage being sued upon in this action confer
upon Plaintiff the right to accelerate all sums due thereunder upon the default
thereof, and the right to foreclose all interests in the encumbered property which
are subordinate to the lien of said mortgage. Hubbard v. Highland Realty &
Inv. Co., 156 So. 322 (Fla. 1934); Campbell v. Werner, 232 So.2d 252 (Fla.
3rd DCA 1970). Plaintiff has accelerated the sums due under the note.
g. Plaintiff owns and holds the note and mortgage and has standing to foreclose
on real property. See Philogene v. ABN Amro Mortgage Group, Inc., 948
So.2d 45 (Fla. 4th DCA 2006), citing Chem. Residential Mortgage v. Rector,
742 So.2d 300 (Fla. 1st DCA 1998).
h. As a matter of law and pursuant to the mortgage instrument securing the
mortgage note, Plaintiff is entitled to collect costs and attorney’s fees incident
to the collection of its indebtedness and any sums advanced to prevent the
impairment of its security. Ritch v. Eichelberger, 13 Fla. 169 (1869-71);
American Securities Co. v. Goldsberry, 69 Fla. 104, 67 So. 862 (1911); Raskin
v. Otten, 273 So.2d 433 (Fla. 3rd DCA 1973).
i. Florida and other law related to notice, notes and mortgages, foreclosure,
evidence, and substantive and procedural law regarding summary judgments.
7. Attorney for Plaintiff will offer the original Mortgage to the Court prior to the
hearing of this Motion.
3
8. The pleadings and admissions on file, together with the Affidavits attached hereto
show that there are no genuine issues as to any material facts. Accordingly, Plaintiff is entitled to
Summary Final Judgment of Foreclosure as a matter of law upon its Verified Complaint.
WHEREFORE, Plaintiff prays for entry of Final Judgment of Foreclosure in its favor
against Defendants for the relief set forth in its Complaint.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that the foregoing was filed using the Florida ePortal system, and that
true copies were furnished via U.S. Mail to Defendants Reil R. Frazer and Unknown Tenant (John
Doe) at 3320 Wauseon Dr., St. Cloud, FL 32128 and Hanover Lakes Homeowners Association,
Inc., c/o DHN Attorneys, Registered Agent, 448 S. Alafaya Trail, Unit 8, Orlando, Florida 32828
on this 8th day of February 2024.
GREY SQUIRES BINFORD, P.A.
Post Office Box 1209
Winter Park, Florida 32790-1209
(689) 244-0414 (Telephone)
Attorneys for Plaintiff
By:/s/ Grey Squires Binford
GREY SQUIRES BINFORD
Florida Bar No. 0749151
Grey@Binford-Law.com
4
EXHIBIT A
EXHIBIT B
Time Entries Grey Squires Binford
ENTERED STATUS TYPE TASK PROFESSIONAL START STOP DURATION RATE AM
Seacoast National Bank
Riel, Frazer
2023-11-28 Billed Billable Binford,Grey 0.50 435.00
Correspond with Trina Sessoms; review loan documents; order title search.
2023-12-01 Billed Billable Binford,Grey 1.20 435.00
Receive and review foreclosure (title) commitment; draft Complaint and Certificate of Possession; correspondence to Kevin Picart.
2023-12-04 Billed Billable Binford,Grey 0.75 435.00
Draft Summonses and Notice of Lis Pendens; prepare Exhibits.
2023-12-19 Billed Billable Binford,Grey 0.50 435.00
Receive and review executed Complaint and Certificate of Possession; finalize documents and initiate foreclosure filing.
Exhibit 1
2023-12-20 Billed Billable Binford,Grey 0.40 435.00
Receive and review correspondence from Clerk of Court with Summonses; correspondence with process server and Trina Sessoms.
2024-01-03 Approved Billable Binford,Grey 0.20 435.00
Receive and review return of service on Riel R. Frazer and Unknown Tenant (John Doe).
2024-01-04 Approved Billable Binford,Grey 0.20 435.00
Receive and review return of service on Hanover Lakes Homeowners Association.
2024-01-12 Approved Billable Binford,Grey 0.10 435.00
Provide status update to Trina Sessoms.
2024-01-22 Approved Billable Binford,Grey 0.40 435.00
File Returns of Service; correspondence with title underwriter; review updated foreclosure commitment.
2024-01-23 Approved Billable Binford,Grey 0.40 435.00
Correspond with Trina Sessoms regarding military status; receive and file affidavit of non-military service; prepare and file Motion for Clerk's Default and proposed Default as to Frazer and Unknown
Tenant.
2024-01-25 Approved Billable Binford,Grey 0.75 435.00
Receive and review Clerk's Default as to Frazer & Unknown Defendant; prepare Motion for Clerk's Default as to Hanover Lakes Homeowners Association; draft and file proposed Clerk's Default; draft
Affidavit in Support of Motion for Summary Judgment; forward to Trina Sessoms.
2024-01-26 Approved Billable Binford,Grey 0.75 435.00
Prepare Motion for Summary Judgment of Foreclosure and Fee Affidavits in Support.
Matter Total 6.15 2
Client Total 6.15 2
Grand Total 6.15 2
Professional (Active Only) Professional Group Professional Sub Group Responsible Professional (Active Only) Status View Date Range (Ent
All All All All All Original Values 2023-07-31 - 202
Client - Matter (Active Only) Category Sub Category Task Group By Billable Type Approval Status
Seacoast National Bank - Riel, Frazer All All All Client & Matter All All
2024-01-26 03:11:15 PM P
37
EXHIBIT C
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Filing # 191532733 E-Filed 02/08/2024 10:40:49 AM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA SEACOAST NATIONAL BANK, Plaintiff, v. CASE NO.: 2023-CA-005104 MF RIEL R. FRAZER; HANOVER LAKES HOMEOWNERS ASSOCIATION, INC.; AND UNKNOWN TENANT(S), Defendants. _________________________________/ PLAINTIFF’S AMENDED MOTION FOR SUMMARY FINAL JUDGMENT OF FORECLOSURE ON VERIFIED COMPLAINT AND TO TAX ATTORNEY’S FEES AND COSTS Plaintiff, SEACOAST NATIONAL BANK (hereinafter referred to as “SEACOAST”), by and through undersigned its undersigned counsel, files this Motion for Summary Final Judgment of Foreclosure and To Tax Attorney’s Fees and Costs and says: 1. This Motion is filed pursuant to Fla. R. Civ. P. 1.510. The particular grounds on which the Plaintiff’s Motion for Summary Final Judgment of Foreclosure on Verified Complaint and to Tax Attorney’s Fees and Costs is based are set forth below. 2. Plaintiff filed its Complaint to Foreclose on residential real property located in Osceola County, Florida, the legal description of which is set forth in the Complaint. 3. Defendants REIL R. FRAZER and UNKNOWN TENANT, were served with the Complaint on December 29, 2023, by individual service on the Unknown Tenant (who refused to identify himself other than as a co-resident) and by substitute service a to REIL R. FRAZER as shown by the Verified Returns of Service filed with the Court on January 22, 2024. These Defendants did not file a response and on January 23, 2024. the Clerk issued a Default. 4. Defendant, HANOVER LAKES HOMEOWNERS ASSOCIATION, INC., was served with the Complaint on January 4, 2024, by corporate as shown by the Verified Return of Service filed with the Court on January 22, 2024. A response was therefore due from the Defendant by January 24, 2024. This Defendant did not file a response and on February 7, 2024 the Clerk issued a Default. 5. Plaintiff owns and holds the HELOC and Mortgage and is entitled to recover its principal, interest, late charges, costs, attorney’s fees and other expenses all of which are more fully set forth in the affidavits attached hereto and incorporated by reference herein as Exhibits “A,” “B,” and “C.” 6. The substantial matters of law to be argued are as follows: a. Pursuant to Rule 1.510 of the Florida Rules of Civil Procedure, a party is entitled to summary judgment only “if the pleadings, depositions, answers to interrogatories, admissions, affidavits, and other materials as would be admissible in evidence on file show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” To prevail on a motion for summary judgment, the movant has the burden of showing a lack of any genuine issue of material fact. Landers v. Milton, 370 So. 2d 368, 370 (Fla. 1979); See City of Cocoa v. Leffler, 762 So. 2d 1052, 1055 (Fla. 5th DCA 2000), citing Holl v. Talcott, 191 So. 2d 40, 43 (Fla. 1966). Furthermore, the trial court must view the evidence in the light most favorable to the non-moving party and must draw every reasonable inference in the non- moving party’s favor. Moore v. Morris, 475 So.2d 666 (Fla. 1985). Effective May 1, 2021, Rule 1.510 was amended to largely follow the text of federal rule 56. Summary judgment is not to be disfavored but is an integral part of “the just, speedy and inexpensive determination of every action.” Celotex Corp. v. Catrett, 477 U.S. 317, 327 (1986). “[W]hen opposing parties tell two different stories, one of which is blatantly contradicted by the record, so that no reasonable jury could believe it, a court should not adopt that version of the facts for purposes of ruling on a motion for summary judgment.” Scott v Harris, 550 U.S. 372, 380 (2007). Any opposition to a motion for summary judgment must be an extension of an affirmative defense which has bee properly raised in a prior responsive pleading. Cong. Park Office Condos II, LLC v. First-Citizens Bank & Trust Co., 105 So.3d 602 (Fla. 4th DCA 2013. b. Interest of the owner of record for the property described herein is inferior and subordinate to the interest of Plaintiff. Joron v. Sayre, 24 Fla. 1, 3 So. 329 2 (1888); Sarmiento v. Stockton, Whatley, Davin & Co., Inc., 399 So.2d 1057 (Fla. 3d DCA 1984); United States v. First Federal Savings and Loan Association of St. Petersburg, 155 So.2d 192 (Fla. 2d DCA 1963). c. The lien of Plaintiff’s mortgage takes priority over any other subsequent claims or liens attaching to the property through the mortgagors, their successors, assigns and tenants. Lee v. Slemons, 112 Fla. 675, 150 So. 792 (1933); Bullard v. Fender, 140 Fla. 448, 192 So. 167 (1939); County of Pinellas v. Clearwater Fed. Sav. & L. Assn., 214 So.2d 525 (Fla. 2d DCA 1968). d. As a matter of law, the entire indebtedness secured by the mortgage held by Plaintiff is due and collectible. VanHuss v. Prudential Ins. Co. of America, 123 Fla. 20, 165 So. 896 (1936); Baader v. Walker, 153 So.2d 51 (Fla. 2d DCA), cert. denied, 156 So.2d 858 (Fla. 1963). e. In this action, no valid tender of payment on the note and mortgage has been made by any Defendant or person otherwise obligated to make payments. Jacobs v. Automotive Repair Center, 127 So.2d 263 (Fla. 1st DCA 1962); Chandler v. Wright, 16 Fla. 510 (1878). f. The provisions of the note and mortgage being sued upon in this action confer upon Plaintiff the right to accelerate all sums due thereunder upon the default thereof, and the right to foreclose all interests in the encumbered property which are subordinate to the lien of said mortgage. Hubbard v. Highland Realty & Inv. Co., 156 So. 322 (Fla. 1934); Campbell v. Werner, 232 So.2d 252 (Fla. 3rd DCA 1970). Plaintiff has accelerated the sums due under the note. g. Plaintiff owns and holds the note and mortgage and has standing to foreclose on real property. See Philogene v. ABN Amro Mortgage Group, Inc., 948 So.2d 45 (Fla. 4th DCA 2006), citing Chem. Residential Mortgage v. Rector, 742 So.2d 300 (Fla. 1st DCA 1998). h. As a matter of law and pursuant to the mortgage instrument securing the mortgage note, Plaintiff is entitled to collect costs and attorney’s fees incident to the collection of its indebtedness and any sums advanced to prevent the impairment of its security. Ritch v. Eichelberger, 13 Fla. 169 (1869-71); American Securities Co. v. Goldsberry, 69 Fla. 104, 67 So. 862 (1911); Raskin v. Otten, 273 So.2d 433 (Fla. 3rd DCA 1973). i. Florida and other law related to notice, notes and mortgages, foreclosure, evidence, and substantive and procedural law regarding summary judgments. 7. Attorney for Plaintiff will offer the original Mortgage to the Court prior to the hearing of this Motion. 3 8. The pleadings and admissions on file, together with the Affidavits attached hereto show that there are no genuine issues as to any material facts. Accordingly, Plaintiff is entitled to Summary Final Judgment of Foreclosure as a matter of law upon its Verified Complaint. WHEREFORE, Plaintiff prays for entry of Final Judgment of Foreclosure in its favor against Defendants for the relief set forth in its Complaint. CERTIFICATE OF SERVICE I HEREBY CERTIFY that the foregoing was filed using the Florida ePortal system, and that true copies were furnished via U.S. Mail to Defendants Reil R. Frazer and Unknown Tenant (John Doe) at 3320 Wauseon Dr., St. Cloud, FL 32128 and Hanover Lakes Homeowners Association, Inc., c/o DHN Attorneys, Registered Agent, 448 S. Alafaya Trail, Unit 8, Orlando, Florida 32828 on this 8th day of February 2024. GREY SQUIRES BINFORD, P.A. Post Office Box 1209 Winter Park, Florida 32790-1209 (689) 244-0414 (Telephone) Attorneys for Plaintiff By:/s/ Grey Squires Binford GREY SQUIRES BINFORD Florida Bar No. 0749151 Grey@Binford-Law.com 4 EXHIBIT A EXHIBIT B Time Entries Grey Squires Binford ENTERED STATUS TYPE TASK PROFESSIONAL START STOP DURATION RATE AM Seacoast National Bank Riel, Frazer 2023-11-28 Billed Billable Binford,Grey 0.50 435.00 Correspond with Trina Sessoms; review loan documents; order title search. 2023-12-01 Billed Billable Binford,Grey 1.20 435.00 Receive and review foreclosure (title) commitment; draft Complaint and Certificate of Possession; correspondence to Kevin Picart. 2023-12-04 Billed Billable Binford,Grey 0.75 435.00 Draft Summonses and Notice of Lis Pendens; prepare Exhibits. 2023-12-19 Billed Billable Binford,Grey 0.50 435.00 Receive and review executed Complaint and Certificate of Possession; finalize documents and initiate foreclosure filing. Exhibit 1 2023-12-20 Billed Billable Binford,Grey 0.40 435.00 Receive and review correspondence from Clerk of Court with Summonses; correspondence with process server and Trina Sessoms. 2024-01-03 Approved Billable Binford,Grey 0.20 435.00 Receive and review return of service on Riel R. Frazer and Unknown Tenant (John Doe). 2024-01-04 Approved Billable Binford,Grey 0.20 435.00 Receive and review return of service on Hanover Lakes Homeowners Association. 2024-01-12 Approved Billable Binford,Grey 0.10 435.00 Provide status update to Trina Sessoms. 2024-01-22 Approved Billable Binford,Grey 0.40 435.00 File Returns of Service; correspondence with title underwriter; review updated foreclosure commitment. 2024-01-23 Approved Billable Binford,Grey 0.40 435.00 Correspond with Trina Sessoms regarding military status; receive and file affidavit of non-military service; prepare and file Motion for Clerk's Default and proposed Default as to Frazer and Unknown Tenant. 2024-01-25 Approved Billable Binford,Grey 0.75 435.00 Receive and review Clerk's Default as to Frazer & Unknown Defendant; prepare Motion for Clerk's Default as to Hanover Lakes Homeowners Association; draft and file proposed Clerk's Default; draft Affidavit in Support of Motion for Summary Judgment; forward to Trina Sessoms. 2024-01-26 Approved Billable Binford,Grey 0.75 435.00 Prepare Motion for Summary Judgment of Foreclosure and Fee Affidavits in Support. Matter Total 6.15 2 Client Total 6.15 2 Grand Total 6.15 2 Professional (Active Only) Professional Group Professional Sub Group Responsible Professional (Active Only) Status View Date Range (Ent All All All All All Original Values 2023-07-31 - 202 Client - Matter (Active Only) Category Sub Category Task Group By Billable Type Approval Status Seacoast National Bank - Riel, Frazer All All All Client & Matter All All 2024-01-26 03:11:15 PM P 37 EXHIBIT C