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IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
NAFI SELA; FLUTURIJE SELA; THE VILLAS AT EMERALD
DUNES CONDOMINIUM ASSOCIATION, INC. TENANT #1
SERVED AS NEHEMIE LEGRAND
Defendant(s).
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IN AND FOR PALM BEACH COUNTY, FLORIDA was
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‘SPACE FOR RECORDING ONLY F-S.§695.26
FINAL SUMMARY JUDGMENT OF MORTGAGE FORECLOSURE
THIS CAUSE having come to be heard on February 23, 2010 on the MOTION FOR FINAL SUMMARY
JUDGMENT OF MORTGAGE FORECLOSURE INCLUDING A HEARING TO TAX ATTORNEYS' FEES AND
COSTS filed on behalf of WELLS FARGO BANK, NA, hereinafter referred to as Plaintiff, and the Court having
reviewed the pleadings and affidavits filed by Plaintiff, having heard argument of counsel, and being otherwise fully
advised in the premises:
ORDERS AND ADJUDGES as follows:
1 Service of process has been duly and regularly obtained over NAF] SELA; FLUTURIJE SELA;
THE VILLAS AT EMERALD DUNES CONDOMINIUM ASSOCIATION, INC.; TENANT #1 SERVED AS
NEHEMIE LEGRAND hereinafter referred to as "Defendants."
2. The equities of this action are in favor of Plaintiff; Plaintiff is entitled to foreclose and enforce the
FILE_NUMBER: F08003948 DOC_ID: M002400
GT Cs
CFN 20100093976, OR BK 23738 PG 274,RECORDED 03/11/2010 16:52:54
Sharon R. Bock,CLERK & COMPTROLLER, Palm Beach County, NUM OF PAGES 6Mortgage Note and Mortgage. Plaintiff is due:
UNPAID PRINCIPAL BALANCE $286,300.00
INTEREST ON THE NOTE AND
MORTGAGE FROM 10/1/2007 TO 32,853.01
6/18/2009
PER DIEM INTEREST AT 6.375%
FROM 6/18/2009 TO 2/23/2010 12,500.00
PRE-ACCELERATED LATE 228.15
CHARGES THROUGH January
15, 2008
PROPERTY INSPECTIONS 0.00
TAXES 3,512.89
INSURANCE 0.00
MIP/PMI ADVANCES 1,984.96
PROPERTY PRESERVATION 165.00
TITLE SEARCH EXPENSES 175.00
TITLE EXAMINATION FEE 150.00
FILING FEE 262.00
INVESTIGATION/SERVICE OF PROCESS 455.00
Overnight Delivery 25.00
ATTORNEY'S FEE 1,450.00
TOTAL $340,061.01
3. The Court finds, based upon Florida Statutes §702.065(2) (2006), the affidavits filed herein,
inquiry of counsel for Plaintiff, and upon consideration of the legal services rendered, the complexity of the
foreclosure action, the amount of time and labor reasonably expended by lawyers in the community in prosecuting
routine mortgage foreclosure actions, Florida Default Law Group, P.L.'s, flat fee agreement with its client and
Florida law, that the flat fee sought by Florida Default Law Group, P.L., is reasonable and awards a flat fee ofOne
thousand, Four hundred and Fifty and 00/100 Dollars ($1,450.00).
4. Plaintiff holds a lien for the total sums set forth in Paragraph 2 superior to any claims, interests or
estates of Defendant(s) NAFI SELA; FLUTURIJE SELA; THE VILLAS AT EMERALD DUNES CONDOMINIUM
ASSOCIATION, INC.; TENANT #1 SERVED AS NEHEMIE LEGRAND and any person or entities claiming by,
through, under or against these defendant(s), with the exception of any special assessments that are superior pursuant to
Florida Statutes §159 (2006) and/or Florida Statutes §170.09 (2006), on the following-described property located and
situated in PALM BEACH County, Florida:
WELLS FARGO BANK, NA vs. NAFI SELA, ET AL
CASE NO. 502008CA002415XXXXMB
‘GFN 20100083876 BOOK 28738 PAGE 278, 2 OF 6CONDOMINIUM UNIT NO.104, BUILDING 6434, OF THE VILLAS AT EMERALD DUNES, A
CONDOMINIUM, ACCORDING TO THE DECLARATION THEREOF, AS RECORDED IN
OFFICIAL RECORDS BOOK 19924, PAGE 132, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, TOGETHER WITH AN UNDIVIDED SHARE IN THE COMMON
ELEMENTS APPURTENANT THERETO
A/K/A 6434 EMERALD DUNES DRIVE,
UNIT 104, WEST PALM BEACH, FL 33411
5. If the total sum set forth in Paragraph 2, with interest at the rate prescribed by law and all costs of
this action accruing subsequent to this Judgment, is not paid prior to the scheduled public sale, the Clerk of this
Court shail sell the property described in Paragraph 4 at a public sale on Ape ( ( , 2010, at
10:00AM, to the highest bidder for cash, except as hereinafter set forth, at
WWW.MYPALMBEACHCLERK.CLERKAUCTION.COM in accordance with Chapter 45 Florida Statutes.
6. Plaintiff shall advance all subsequent costs of this action in addition to any advances made to preserve
its collateral and shall be reimbursed, without further Order of the Court, by the Clerk if Plaintiff is not the purchaser of
the property. If Plaintiff is the purchaser, the bid may be assigned upon further Order of this Court and the Clerk credit
the Plaintiff's bid with the total sum set forth in Paragraph 2 above, together with interest as prescribed by law and costs
accruing subsequent to this judgment as is necessary to pay the bid in full. The foreclosure sale may be canceled upon
the Plaintiff filing written notice of the cancellation to the Clerk and Comptroller.
7. On filing the Certificate of Title with respect to the property described in Paragraph 4, 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 if Plaintiff is the successful bidder; third, Plaintiff's attorney's fees; fourth,
the total sum due to Plaintiff, as set forth in Paragraph 2, less the items paid, plus interest at the rate prescribed by law
from this date to the date of the sale to Plaintiff. The Clerk shall retain any amount remaining pending the further Order
of this Court. Any amounts so retained are to be distributed to each Defendant, as determined by Order of this Court.
8. The successful bidder and purchaser at the foreclosure sale of the real property being
foreclosed shall pay, in addition to the amount bid, any documentary stamps and Clerk's fee relating to the issuance of
the Certificate of Title to be issued by the Clerk to the successful bidder and purchaser. At the time of the sale the
successful high bidder shall post with the Clerk a deposit equal to five percent (5%) of the final bid. The deposit shall
WELLS FARGO BANK, NA vs. NAFISELA, ET AL
CASE NO. 502008CA002415XXXXMB
‘GFN 20100083876 BOOK 28738 PAGE 276, 3 OF 6be applied to the sale price at the time of payment. If final payment is not made within the prescribed period, the Clerk
shall re-advertise the sale as provided in this section, and pay all costs of the sale from the deposit. Any remaining funds
shall be applied toward the Judgment.
9. 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.
10. 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, PALM BEACH County, 205 N. Dixie Highway
Room 3.2300, West Palm Beach, FL 33401, Phone: 561-1, 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 Florida Rural Legal
Services - Belle Grande (561)993-0003, Florida Rural Legal Services - Palm Beach Office (561)820-
8902, Legal Aid Society of Palm Beach County, Inc. - (561)655-8944, Legal Aid Society of Palm
Beach County, Inc. - Belle Glade Office (561)993-3836, 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 Florida Rural Legal Services - Belle Grande (561)993-
WELLS FARGO BANK, NA vs. NAFI ELA, ET AL
CASE NO. 502008CA002415XXXXMB
‘GFN 20100083876 BOOK 28738 PAGE 277, 4 OF 60003, Florida Rural Legal Services - Palm Beach Office (561)820-8902, Legal Aid Society of Palm
Beach County, Inc. - (561)655-8944, Legal Aid Society of Palm Beach County, Inc. - Belle Glade
Office (561)993-3836, for assistance, you should do so as soon as possible after receipt of this notice.
1. On filing the Certificate of Sale Defendants’ Right of Redemption as prescribed by Florida Statutes
§45.0315 (2006), shall be terminated. On filing the Certificate of Title with respect to the property described in
Paragraph 4 above, the Defendants named herein, and all persons claiming by, through, under or against them since
the filing of Notice of Lis Pendens in this action, are foreclosed of all estate, interest or claim in the property described
in Paragraph 4, and the purchaser or purchasers at the sale shall be let into possession of the property. The Clerk of the
Circuit Court is Ordered to issue a Writ of Possession upon further Order of this Court.
12, The Purchaser of the condominium unit at the judicial sale scheduled herein shall be responsible
for assessments and other charges in accordance with Florida Statutes §718.116 (2006).
13. Jurisdiction over this action is retained to enter such further Orders to give Plaintiff adequate and
complete relief as may be necessary and proper, including the entry of a deficiency decree if Plaintiff is not limited to in
rem stay relief in an active bankruptcy case and/or if borrower(s) has not been discharged in bankruptcy or
constructively served, together with additional attorney's fees, if appropriate.
Cardominina
14, Any Hemeowner Association assessments which are owed are subject to the Association's rights
Hike
pursuant to Florida Statute 720-3085 (2008).
a AND ORDERED in Chambers, in PALM BEACH County, Florida, this 2B day of
2010.
Circuit Jadge nee
Copies furnished to:
William H. Ruby, III, Esquire
Florida Default Law Group, P.L.
P.O. Box 25018
Tampa, Florida 33622-5018
NAFI SELA
14 Richard Scott Court
North Haledon, NJ 07508
WELLS FARGO BANK, NA vs. NAFISELA, ET AL
CASE NO. 502008CA002615XXXXMB
‘GFN 20100083876 BOOK 28738 PAGE 278, 5 OF 6FLUTURIJE SELA
14 Richard Scott Court
North Haledon, NJ 07508
THE VILLAS AT EMERALD DUNES CONDOMINIUM ASSOCIATION, INC.
c/o Drew Melville, Esq.
One Park Place, Suite 300
621 NW 53rd Street
Boca Raton, FL 33487
TENANT #1 SERVED AS NEHEMIE LEGRAND
6434 Emerald Dunes Drive,Unit 104
West Palm Beach, FL 33411
F08003948, Case No. 502008CA002415XXXXMB, NMNC-SPECFHLMC—
WELLS FARGO BANK, NA vs. NAFI SELA, ET AL
CASE NO. 502008CA002415XXXXMB
(GFN 20100093976 BOOK 23738 PAGE 279, 6 OF 6
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4-0 oy IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT NAFI SELA; FLUTURIJE SELA; THE VILLAS AT EMERALD DUNES CONDOMINIUM ASSOCIATION, INC. TENANT #1 SERVED AS NEHEMIE LEGRAND Defendant(s). / IN AND FOR PALM BEACH COUNTY, FLORIDA was CIVIL ACTION es S atin & WELLS FARGO BANK, NA, | aR2 gi Plaintiff, | ora bed ar) | “zo © CASENO. — 502008CA002415XXXXMB | 208 m 5 vs. DIVISION AW \ sex 30 3 | Hae £ | - | a | ‘SPACE FOR RECORDING ONLY F-S.§695.26 FINAL SUMMARY JUDGMENT OF MORTGAGE FORECLOSURE THIS CAUSE having come to be heard on February 23, 2010 on the MOTION FOR FINAL SUMMARY JUDGMENT OF MORTGAGE FORECLOSURE INCLUDING A HEARING TO TAX ATTORNEYS' FEES AND COSTS filed on behalf of WELLS FARGO BANK, NA, hereinafter referred to as Plaintiff, and the Court having reviewed the pleadings and affidavits filed by Plaintiff, having heard argument of counsel, and being otherwise fully advised in the premises: ORDERS AND ADJUDGES as follows: 1 Service of process has been duly and regularly obtained over NAF] SELA; FLUTURIJE SELA; THE VILLAS AT EMERALD DUNES CONDOMINIUM ASSOCIATION, INC.; TENANT #1 SERVED AS NEHEMIE LEGRAND hereinafter referred to as "Defendants." 2. The equities of this action are in favor of Plaintiff; Plaintiff is entitled to foreclose and enforce the FILE_NUMBER: F08003948 DOC_ID: M002400 GT Cs CFN 20100093976, OR BK 23738 PG 274,RECORDED 03/11/2010 16:52:54 Sharon R. Bock,CLERK & COMPTROLLER, Palm Beach County, NUM OF PAGES 6Mortgage Note and Mortgage. Plaintiff is due: UNPAID PRINCIPAL BALANCE $286,300.00 INTEREST ON THE NOTE AND MORTGAGE FROM 10/1/2007 TO 32,853.01 6/18/2009 PER DIEM INTEREST AT 6.375% FROM 6/18/2009 TO 2/23/2010 12,500.00 PRE-ACCELERATED LATE 228.15 CHARGES THROUGH January 15, 2008 PROPERTY INSPECTIONS 0.00 TAXES 3,512.89 INSURANCE 0.00 MIP/PMI ADVANCES 1,984.96 PROPERTY PRESERVATION 165.00 TITLE SEARCH EXPENSES 175.00 TITLE EXAMINATION FEE 150.00 FILING FEE 262.00 INVESTIGATION/SERVICE OF PROCESS 455.00 Overnight Delivery 25.00 ATTORNEY'S FEE 1,450.00 TOTAL $340,061.01 3. The Court finds, based upon Florida Statutes §702.065(2) (2006), the affidavits filed herein, inquiry of counsel for Plaintiff, and upon consideration of the legal services rendered, the complexity of the foreclosure action, the amount of time and labor reasonably expended by lawyers in the community in prosecuting routine mortgage foreclosure actions, Florida Default Law Group, P.L.'s, flat fee agreement with its client and Florida law, that the flat fee sought by Florida Default Law Group, P.L., is reasonable and awards a flat fee ofOne thousand, Four hundred and Fifty and 00/100 Dollars ($1,450.00). 4. Plaintiff holds a lien for the total sums set forth in Paragraph 2 superior to any claims, interests or estates of Defendant(s) NAFI SELA; FLUTURIJE SELA; THE VILLAS AT EMERALD DUNES CONDOMINIUM ASSOCIATION, INC.; TENANT #1 SERVED AS NEHEMIE LEGRAND and any person or entities claiming by, through, under or against these defendant(s), with the exception of any special assessments that are superior pursuant to Florida Statutes §159 (2006) and/or Florida Statutes §170.09 (2006), on the following-described property located and situated in PALM BEACH County, Florida: WELLS FARGO BANK, NA vs. NAFI SELA, ET AL CASE NO. 502008CA002415XXXXMB ‘GFN 20100083876 BOOK 28738 PAGE 278, 2 OF 6CONDOMINIUM UNIT NO.104, BUILDING 6434, OF THE VILLAS AT EMERALD DUNES, A CONDOMINIUM, ACCORDING TO THE DECLARATION THEREOF, AS RECORDED IN OFFICIAL RECORDS BOOK 19924, PAGE 132, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, TOGETHER WITH AN UNDIVIDED SHARE IN THE COMMON ELEMENTS APPURTENANT THERETO A/K/A 6434 EMERALD DUNES DRIVE, UNIT 104, WEST PALM BEACH, FL 33411 5. If the total sum set forth in Paragraph 2, with interest at the rate prescribed by law and all costs of this action accruing subsequent to this Judgment, is not paid prior to the scheduled public sale, the Clerk of this Court shail sell the property described in Paragraph 4 at a public sale on Ape ( ( , 2010, at 10:00AM, to the highest bidder for cash, except as hereinafter set forth, at WWW.MYPALMBEACHCLERK.CLERKAUCTION.COM in accordance with Chapter 45 Florida Statutes. 6. Plaintiff shall advance all subsequent costs of this action in addition to any advances made to preserve its collateral and shall be reimbursed, without further Order of the Court, by the Clerk if Plaintiff is not the purchaser of the property. If Plaintiff is the purchaser, the bid may be assigned upon further Order of this Court and the Clerk credit the Plaintiff's bid with the total sum set forth in Paragraph 2 above, together with interest as prescribed by law and costs accruing subsequent to this judgment as is necessary to pay the bid in full. The foreclosure sale may be canceled upon the Plaintiff filing written notice of the cancellation to the Clerk and Comptroller. 7. On filing the Certificate of Title with respect to the property described in Paragraph 4, 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 if Plaintiff is the successful bidder; third, Plaintiff's attorney's fees; fourth, the total sum due to Plaintiff, as set forth in Paragraph 2, less the items paid, plus interest at the rate prescribed by law from this date to the date of the sale to Plaintiff. The Clerk shall retain any amount remaining pending the further Order of this Court. Any amounts so retained are to be distributed to each Defendant, as determined by Order of this Court. 8. The successful bidder and purchaser at the foreclosure sale of the real property being foreclosed shall pay, in addition to the amount bid, any documentary stamps and Clerk's fee relating to the issuance of the Certificate of Title to be issued by the Clerk to the successful bidder and purchaser. At the time of the sale the successful high bidder shall post with the Clerk a deposit equal to five percent (5%) of the final bid. The deposit shall WELLS FARGO BANK, NA vs. NAFISELA, ET AL CASE NO. 502008CA002415XXXXMB ‘GFN 20100083876 BOOK 28738 PAGE 276, 3 OF 6be applied to the sale price at the time of payment. If final payment is not made within the prescribed period, the Clerk shall re-advertise the sale as provided in this section, and pay all costs of the sale from the deposit. Any remaining funds shall be applied toward the Judgment. 9. 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. 10. 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, PALM BEACH County, 205 N. Dixie Highway Room 3.2300, West Palm Beach, FL 33401, Phone: 561-1, 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 Florida Rural Legal Services - Belle Grande (561)993-0003, Florida Rural Legal Services - Palm Beach Office (561)820- 8902, Legal Aid Society of Palm Beach County, Inc. - (561)655-8944, Legal Aid Society of Palm Beach County, Inc. - Belle Glade Office (561)993-3836, 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 Florida Rural Legal Services - Belle Grande (561)993- WELLS FARGO BANK, NA vs. NAFI ELA, ET AL CASE NO. 502008CA002415XXXXMB ‘GFN 20100083876 BOOK 28738 PAGE 277, 4 OF 60003, Florida Rural Legal Services - Palm Beach Office (561)820-8902, Legal Aid Society of Palm Beach County, Inc. - (561)655-8944, Legal Aid Society of Palm Beach County, Inc. - Belle Glade Office (561)993-3836, for assistance, you should do so as soon as possible after receipt of this notice. 1. On filing the Certificate of Sale Defendants’ Right of Redemption as prescribed by Florida Statutes §45.0315 (2006), shall be terminated. On filing the Certificate of Title with respect to the property described in Paragraph 4 above, the Defendants named herein, and all persons claiming by, through, under or against them since the filing of Notice of Lis Pendens in this action, are foreclosed of all estate, interest or claim in the property described in Paragraph 4, and the purchaser or purchasers at the sale shall be let into possession of the property. The Clerk of the Circuit Court is Ordered to issue a Writ of Possession upon further Order of this Court. 12, The Purchaser of the condominium unit at the judicial sale scheduled herein shall be responsible for assessments and other charges in accordance with Florida Statutes §718.116 (2006). 13. Jurisdiction over this action is retained to enter such further Orders to give Plaintiff adequate and complete relief as may be necessary and proper, including the entry of a deficiency decree if Plaintiff is not limited to in rem stay relief in an active bankruptcy case and/or if borrower(s) has not been discharged in bankruptcy or constructively served, together with additional attorney's fees, if appropriate. Cardominina 14, Any Hemeowner Association assessments which are owed are subject to the Association's rights Hike pursuant to Florida Statute 720-3085 (2008). a AND ORDERED in Chambers, in PALM BEACH County, Florida, this 2B day of 2010. Circuit Jadge nee Copies furnished to: William H. Ruby, III, Esquire Florida Default Law Group, P.L. P.O. Box 25018 Tampa, Florida 33622-5018 NAFI SELA 14 Richard Scott Court North Haledon, NJ 07508 WELLS FARGO BANK, NA vs. NAFISELA, ET AL CASE NO. 502008CA002615XXXXMB ‘GFN 20100083876 BOOK 28738 PAGE 278, 5 OF 6FLUTURIJE SELA 14 Richard Scott Court North Haledon, NJ 07508 THE VILLAS AT EMERALD DUNES CONDOMINIUM ASSOCIATION, INC. c/o Drew Melville, Esq. One Park Place, Suite 300 621 NW 53rd Street Boca Raton, FL 33487 TENANT #1 SERVED AS NEHEMIE LEGRAND 6434 Emerald Dunes Drive,Unit 104 West Palm Beach, FL 33411 F08003948, Case No. 502008CA002415XXXXMB, NMNC-SPECFHLMC— WELLS FARGO BANK, NA vs. NAFI SELA, ET AL CASE NO. 502008CA002415XXXXMB (GFN 20100093976 BOOK 23738 PAGE 279, 6 OF 6