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INSTR # 2013000097451, Doc Type JUD, Pages 4, Recorded 04/26/2013 at 11:52 AM,
Linda Doggett, Lee County Clerk of Circuit Court, Deputy Clerk ERECORD
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR LEE COUNTY, FLORIDA
CIVIL DIVISION
DEUTSCHE BANK TRUST COMPANY Case No.: 07-CA-18052
AMERICA’S TRUSTEE
Plaintiff, Division: CA
Vv.
AG
RUFINO GARCIA; GERMANIA GARCIA; 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, <3
DEVISEES, GRANTEES OR OTHER CLAIMANTS; MORTGAGE =
ELECTRONIC REGISTRATION SYSTEMS, INC; JOHN DOE AND 2 o
JANE DOE AS UNKNOWN TENANTS
Defendants,
FORM 1,.996(a). FINAL JUDGMENT OF FORECLOSURE
THIS ACTION was tried before the Court. On the evidence presented:
IT IS ADJUDGED THAT:
1. Plaintiff, AURORA LOAN SERVICES, LLC whose address is c/o:
NATIONSTAR MORTGAGE, LLC, 350 Highland Drive, Lewisville, TX 75067 is due:
Principal: $ 196,784.96
Interest to the date of this judgment $ 50,902.95
Title search expense $ 200.00
Taxes $ 12,770.70
Attorneys’ fees
Finding as to reasonable number of hours: 4.6
Finding as to reasonable hourly rate: $90.00 to $175.00
Attorneys’ fees total $ 686.00
Court costs, now taxed $ 0.00
Other:
Service of Process ($55.00 per defendant) $ 0.00
Pre-Acceleration Late Charges $ 0.00INSTR # 2013000097451 Page Number: 2 of 4
Property Inspection Fee $ 742.65
Broker’s Price Opinion $ 280.00
Insurance-Hazard $ 18,026.44
SUBTOTAL $ 280,393.70
Less: Escrow balance ($2,713.00)
Less: Other (S$ 0.00)
TOTAL: $ 277,680.70
That shall bear interest at the rate of 4.75% a year.
2. Plaintiff holds a lien for the total sum superior to all claims or estates of the
defendants(s) on the following described property in Lee County:
LOT 48 & 49, BLOCK 2244, UNIT 33, CAPE CORAL SUBDIVISION, ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 16, PAGES 40
THROUGH 61, INCLUSIVE, PUBLIC RECORDS OF LEE COUNTY, FLORIDA.
This property is located at the street address of: 2203 NE 19 Place, Cape Coral, FL 33909
3. 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 AY a t. , 2013 to the highest bidder for cash, except as prescribed
in paragraph 4, using the following method:
[X] By electronic sale beginning 9:00 am on the prescribed date at www.lee.realforeclose.com
4, 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 the 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.
5. 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 the 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
1137T-41019INSTR # 2013000097451 Page Number: 3 of 4
by retaining any remaining amount pending the further order of this court.
6. On the 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 the claims or rights under Chapter 718 or Chapter 720, Florida Statutes
if any. Upon filing of the Certificate of Title, the person named on the Certificate of Title shall be let
into possession of the property.
7. Jurisdiction of this action is retained to enter further orders that are proper including,
without limitation, a deficiency judgment.
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 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 SIXTY (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.
ELSE UN ORDER OR Eee Eee ee eee
PLEASE CHECK WITH THE CLERK OF THE COURT, 1700 MONROE STREET, FT.
MYERS, FL 33901, PHONE: (239) 533-5000 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
eee eee ee eeeeeeeeeeeeeEeEee_—e—eeEe—e—eEeEeEeE—e—eE———ee*
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
WOROUL THE PRO Reaeeaee eeeee—e—E—eeeeeeeeee—_—eeeeeee
ATTORNEY, YOU MAY CONTACT LEE COUNTY LEGAL AID SOCIETY, INC., 2211
1137T-41019INSTR # 2013000097451 Page Number: 4 of 4
PECK STREET, FT. 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.
;
ORDERED at Lee County, Florida this HY _ aayot Lepr 2013.
Hugh E. Starnes
Circuit Judge
Copies furnished to:
ALISHIA MCDONALD, ESQ.
ELIZABETH R. WELLBORN, P.A.
350 JIM MORAN BLVD., SUITE 100
DEERFIELD BEACH, FL 33442
TIMOTHY S. KINGCADE, ESQ.
KINGCADE & GARCIA, P.A.
1370 CORAL WAY
MIAMI, FL 33145-2960
Primary E-Mail: kingcadeserve@bellsouth.net
Secondary: Kingcade@bellsouth.net
ATTORNEYS FOR RUFINO GARCIA AND GERMANIA GARCIA
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.
C/O CT CORPORATION SYSTEM, R.A.
1200 SOUTH PINE ISLAND ROAD
PLANTATION, FL 33324
UNKNOWN TENANT #1 N/K/A TED HORTON 5
2203 NE 19™ PLACE 25 Ww
CAPE CORAL, FL 33909 perk
CURRENT TENANTS
2203 NE 19™ PLACE CLERK, ROUT coum
CAPE CORAL, FL 33909 \sNOA DOSE wuGHes OG
1137T-41019
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INSTR # 2013000097451, Doc Type JUD, Pages 4, Recorded 04/26/2013 at 11:52 AM, Linda Doggett, Lee County Clerk of Circuit Court, Deputy Clerk ERECORD IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA CIVIL DIVISION DEUTSCHE BANK TRUST COMPANY Case No.: 07-CA-18052 AMERICA’S TRUSTEE Plaintiff, Division: CA Vv. AG RUFINO GARCIA; GERMANIA GARCIA; 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, <3 DEVISEES, GRANTEES OR OTHER CLAIMANTS; MORTGAGE = ELECTRONIC REGISTRATION SYSTEMS, INC; JOHN DOE AND 2 o JANE DOE AS UNKNOWN TENANTS Defendants, FORM 1,.996(a). FINAL JUDGMENT OF FORECLOSURE THIS ACTION was tried before the Court. On the evidence presented: IT IS ADJUDGED THAT: 1. Plaintiff, AURORA LOAN SERVICES, LLC whose address is c/o: NATIONSTAR MORTGAGE, LLC, 350 Highland Drive, Lewisville, TX 75067 is due: Principal: $ 196,784.96 Interest to the date of this judgment $ 50,902.95 Title search expense $ 200.00 Taxes $ 12,770.70 Attorneys’ fees Finding as to reasonable number of hours: 4.6 Finding as to reasonable hourly rate: $90.00 to $175.00 Attorneys’ fees total $ 686.00 Court costs, now taxed $ 0.00 Other: Service of Process ($55.00 per defendant) $ 0.00 Pre-Acceleration Late Charges $ 0.00INSTR # 2013000097451 Page Number: 2 of 4 Property Inspection Fee $ 742.65 Broker’s Price Opinion $ 280.00 Insurance-Hazard $ 18,026.44 SUBTOTAL $ 280,393.70 Less: Escrow balance ($2,713.00) Less: Other (S$ 0.00) TOTAL: $ 277,680.70 That shall bear interest at the rate of 4.75% a year. 2. Plaintiff holds a lien for the total sum superior to all claims or estates of the defendants(s) on the following described property in Lee County: LOT 48 & 49, BLOCK 2244, UNIT 33, CAPE CORAL SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 16, PAGES 40 THROUGH 61, INCLUSIVE, PUBLIC RECORDS OF LEE COUNTY, FLORIDA. This property is located at the street address of: 2203 NE 19 Place, Cape Coral, FL 33909 3. 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 AY a t. , 2013 to the highest bidder for cash, except as prescribed in paragraph 4, using the following method: [X] By electronic sale beginning 9:00 am on the prescribed date at www.lee.realforeclose.com 4, 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 the 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. 5. 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 the 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 1137T-41019INSTR # 2013000097451 Page Number: 3 of 4 by retaining any remaining amount pending the further order of this court. 6. On the 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 the claims or rights under Chapter 718 or Chapter 720, Florida Statutes if any. Upon filing of the Certificate of Title, the person named on the Certificate of Title shall be let into possession of the property. 7. Jurisdiction of this action is retained to enter further orders that are proper including, without limitation, a deficiency judgment. 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 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 SIXTY (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. ELSE UN ORDER OR Eee Eee ee eee PLEASE CHECK WITH THE CLERK OF THE COURT, 1700 MONROE STREET, FT. MYERS, FL 33901, PHONE: (239) 533-5000 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 eee eee ee eeeeeeeeeeeeeEeEee_—e—eeEe—e—eEeEeEeE—e—eE———ee* 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 WOROUL THE PRO Reaeeaee eeeee—e—E—eeeeeeeeee—_—eeeeeee ATTORNEY, YOU MAY CONTACT LEE COUNTY LEGAL AID SOCIETY, INC., 2211 1137T-41019INSTR # 2013000097451 Page Number: 4 of 4 PECK STREET, FT. 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. ; ORDERED at Lee County, Florida this HY _ aayot Lepr 2013. Hugh E. Starnes Circuit Judge Copies furnished to: ALISHIA MCDONALD, ESQ. ELIZABETH R. WELLBORN, P.A. 350 JIM MORAN BLVD., SUITE 100 DEERFIELD BEACH, FL 33442 TIMOTHY S. KINGCADE, ESQ. KINGCADE & GARCIA, P.A. 1370 CORAL WAY MIAMI, FL 33145-2960 Primary E-Mail: kingcadeserve@bellsouth.net Secondary: Kingcade@bellsouth.net ATTORNEYS FOR RUFINO GARCIA AND GERMANIA GARCIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O CT CORPORATION SYSTEM, R.A. 1200 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 UNKNOWN TENANT #1 N/K/A TED HORTON 5 2203 NE 19™ PLACE 25 Ww CAPE CORAL, FL 33909 perk CURRENT TENANTS 2203 NE 19™ PLACE CLERK, ROUT coum CAPE CORAL, FL 33909 \sNOA DOSE wuGHes OG 1137T-41019