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IN THE CIRCUIT COURT OF THE
15TH JUDICIAL CIRCUIT, IN AND FOR
PALM BEACH COUNTY, FLORIDA
CIVIL DIVISION: AW
CASE NO.: 502008CA002468
CHASE HOME FINANCE LLC,
vs.
MARTHA JALLOS; UNKNOWN SPOUSE
OF MARTHA JALLOS; JOHN DOE;
JANE DOE AS UNKNOWN TENANT (S)
IN POSSESSION OF THE SUBJECT
PROPERTY,
Plaintiff,
Defendants.
MOTION FOR SUMMARY FINAL JUDGMENT OF FORECLOSURE
Plaintiff, CHASE HOME FINANCE LLC, moves the Court for entry of a Summary Final Judgment of.
Foreclosure including an award of attorney's fees to Plaintiff on the grounds that Plaintiff is entitled to such
a Final Judgment as a matter of law. The substantial matter of law to be argued is the priority of the lien of
Plaintiff's mortgage over the interest of all other Defendants in the real property encumbered by said
mortgage and Plaintiff's entitlement to an award of attorney’s fees.
In support of this motion, Plaintiff shows the Court:
1
2.
3.
Plaintiff filed its Complaint to Foreclose a Mortgage on real property located in Palm Beach
County, Florida, the legal description of which is set forth in the Complaint.
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 inferior 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.3d
D.C.A. 1970). The provisions of said note and mortgage also provide for an award of attorneys
fees to Plaintiff in the event of the filing of an action for foreclosure.
The pleadings and exhibits filed herein, as well as Plaintiff's affidavit in support hereof, establish
that Plaintiff's mortgage is a purchase money mortgage or was recorded prior to the recording of
the instruments creating the liens in favor of those Defendants who claim an interest in the real
property encumbered by the mortgage. Therefore, any such interest, which may be vested in the
08-02339aforesaid Defendants, is subordinate and inferior to the lien of Plaintiff's mortgage. Sarmiento v.
Stockton, Whatley, Davin & Co., Inc., 399 So. 2d 1057 (Fla. 3d DCA 1981), United States v. First
Federal Savings and Loan Association of St. Petersburg, 155 So. 2d 192 (Fla. 2d DCA 1963).
WHEREFORE, Plaintiff respectfully requests this Court grant its Motion for Summary Final Judgment of
Mortgage Foreclosure including an award of attorney's fees and for such further relief as the Court deems
just and proper.
1 HEREBY CERTIFY that a true copy of the foregoing Motion for Summary Judgment, and the following
supporting affidavits: Time & Effort, Attorney’s Fees, Indebtedness, Cost were delivered to the parties on
the attached mailing list by mail this OR of 2008.
Law Offices of Marshall C. Watson, P.A.
1800 N.W. 49" Street, Suite 120
Fort Lauderdale, Fl 33309
Telephone: (954) 453-0365/1-800-441-2438
Facsimile: (954) 771-6052
By:
Carri D~Pefeyra, Esq.
Bar No.: 0017441
08-02339MAILING LIST
Case No.: 502008CA002468
MARTHA JALLOS.
5480 HELENE CIRCLE
BOYNTON BEA, FL 33437
UNKNOWN TENANT (S) IN POSSESSION
OF SUBJECT PROPERTY
5480 HELENE CIRCLE
BOYNTON BEA, FL 33437
08-02339IN THE CIRCUIT COURT OF THE
CHASE HOME FINANCE LLC, 15TH JUDICIAL CIRCUIT, IN AND FOR PALM
Plaintiff, BEACH COUNTY, FLORIDA
vs. CIVIL DIVISION
MARTHA JALLOS, et al, CASE NO.: 502008CA002468
Defendants. y
AFFIDAVIT OF TIME AND EFFORT
STATE OF FLORIDA
COUNTY OF BROWARD
BEFORE me, the undersigned authority, personally appeared
Carri L. Pereyra who, having been duly sworn, deposes and says:
That, he/she is employed as an attorney at the Law Offices of Marshall C. Watson, P.A, that as attorney‘for’’
Plaintiff in the above styled action, affiant has expended times as follows:
Review information received from client
1.00 hours
Preparation of Lis Pendens, Complaint, Summons, and Civil Cover Sheet 1.25 hours
Review of returns of Service
-50 hours
Review correspondence, and miscellaneous telephone communications and
memorandum to our client 1.00 hours
Preparation of Motion for Summary Final Judgment of Foreclosure, Affidavit as to
Indebtedness, Attorney’s Fee Affidavit, Affidavit of Time and Effort, Notice of
Hearing, Proposed Final Judgment, Proposed Notice of Sale and Final Disposition Form 2.25 hours
Attend Final Hearing (estimate) 1.00 hours
Preparation of Final Package to Court 1.00 hours
Total 8.00 hours
The Law Offices of Marshall C. Watson, P.A has agreed to charge a flat-fee of $1,200.00 for services
rendered as described above. A ffiant certifies that there are no reasons for either reduction or enhancement
of the fee pursuant to Florida Patients’ Compensation Fund v. Rowe, 47, 45 (Fla. 1985).
FURTHER AFFIANT SAYETH NAUGHT
Bar No.: 0017441
yRIDA
LIC» STATE OF FLO
eMart Hall-Munro
ana # DD623805
Expires: DEC. 20, 2010
FrLANTIG BONDING CO, TNC:
Sworn pray
to and subscribed
LA g
Notary Public, State of
Commissioned Nene ee Public
Personally known or produced identification
Type of Identification Produced
08-02339CHASE HOME FINANCE LLC, IN THE CIRCUIT COURT OF THE
Plaintiff, 15TH JUDICIAL CIRCUIT, IN AND FOR PALM
vs. BEACH COUNTY, FLORIDA
MARTHA JALLOS, et al, CIVIL DIVISION
Defendants.
CASE NO.: 502008CA002468
Q
AFFIDAVIT AS TO ATTORNEY’S FEES a
=
~
STATE OF FLORIDA __)SS: nN
COUNTY OF BROWARD ) eo
x
BEFORE me, the undersigned authority, personally appeared ANTHONY LEPORE. ESQ\ whi 7
nN
being duly sworn, deposes and says: oO
1am an attorney licensed to practice in the State of Florida and I have practiced law in
BROWARD County, Florida, for 12 years.
2. Plaintiff has made its file available for review in this action, and I have conferred with said
counsel regarding the services rendered by him/her herein.
3. In my opinion, a flat-fee arrangement of $1,200.00 by said counsel from inception to completion
is adequate, and customary.
4.
I have evaluated the factors checked below in determining my opinion of a reasonable attorney’s
fees as stated above:
xX a) The time and labor required, the novelty, complexity and difficulty of the
questions involved, and the skill required to perform the legal service
properly.
x b) The likelihood that the acceptance of the particular employment will preclude
other employment by the lawyer.
x c) The fee, or rate of fee, customarily charged in this locality for legal services
of a comparable or a similar nature.
08-02339be
a
The significance of, or amount involved in, the subject matter of the representation, the
responsibility involved in the representation, and the results obtained.
X e. The time limitations imposed by the client or by the circumstances and, as between attorney and
client, any additional or special time demands or requests of the attorney by the client.
X f. The nature and length of the professional relationship between said counsel and the client.
X g. The experience, reputation, diligence and ability of Plaintiff's attorney and the skill, expertise, or
efficiency of effort reflected in the actual providing of such services.
X h. The fact that the fee is fixed and not contingent and the fact that the client’s ability to pay did not
rest to any significant degree on the outcome of the representation.
FURTHER AFFIANT SAYETH NAUGHT.
NOTARY PUBLIC, State of Florida
Commissioned Name of Notary public
Personally Known _ 6 proces identification _
Type of identification producedCHASE HOME FINANCELLC, IN THE CIRCUIT COURT OF THE
Plaintiff, 15TH JUDICIAL CIRCUIT, IN AND FOR PALM
vs. BEACH COUNTY, FLORIDA
MARTHA JALLOS, et al, CIVIL DIVISION. 4v0
Defendants. CASENO: 56 2008CA 002 u bF
AFFIDAVIT OF INDEBTEDNESS
STATE OF __ California _)
San Diego SS:
COUNTY OF
Kim Blanc
BEFORE me, personally appeared
deposes and says:
1. Affiant is an employee of the servicing agent of the Plaintiff and is personally familiar with the loan, which is
owned by the Plaintiff and is subject matter of this action. The information hereinafter given as to the
indebtedness arising by virtue of the execution of the note and mortgage sued upon in this action is
contained in the original books and records maintained in the office of said servicing agent. A ffiant has
personal knowledge of the books and records of the servicing agent and how they are maintained as they
relate to the mortgage loan owned by Plaintiff. These books and records include data compilations of the
payments, including escrow payments and advances made and received on the mortgage loan in question,
and are kept in the course ofa regularly conducted business activity by said servicing agent. The entries are
made at or near the time each payment is received by persons with knowledge of the information being
recorded. It is the regular practice of said servicing agent to make these entries at the time the payments are
received. A ffiant has actual and personal knowledge of the facts stated herein and is authorized to make this
Affidavit.
The allegations of the Complaint filed in this action are true and correct.
+319)
08-02339There is now due and owing to the Plaintiff upon said note and mortgage the following amounts:
a) Principal Balance on the note and mortgage
b) Accrued interest through from 10/1/07 to 3/16/08 (per
diem O42 ) s
c) Escrow:
Taxes
Hazard Insurance
Flood Insurance
Mortgage Insurance Premium
d) Pre-Acceleration Late Charges
) Property Appraisal
f) Property Inspections
g) Non-Sufficient Funds
h) Interest on Advances
i) Brokers Price Opinion
j) Bankruptcy Fees and Costs
k) Property Preservation
1) Escrow/Suspense Credit
HOOD
$ 241,909.60
:
$
O87
sLZO
ARABRAHHAH
wt
4, On account of Defendants default under the note and mortgage sued upon herein, Plaintiff retained its
attomey of record and instructed the filing of this action and agreed, bound and obligated itself to pay said
attomey for his/her services on its behalf such sumas the Court shall adjudge to be regSonable.
Swom to and\gubscribed before me,
this day of, , 2008
Notary Public, State‘of.
Commissioned Name df Notary Pui
Personally known r produced identification
Type of Identification Produced
08-02339
NG
‘Affiant Kim Blanc
Vice PresidentJurat
State of California
}ss.
County of San Diego
Subscribed and sworn to (or affirmed) before me this __31_ day of _ January, 2008.
by. Kim_Blanc proven to me on the
basis of satisfactory evidence to be the person(s) who appeared before me.
ee ccecevccccnccccceneeseeeeeseeey,
Signature:
Printed Name: _ Renata Byra
see ecccccccccccccs
weneeeeennnnennnnnnnnnnnenenenenen OPTIONAL-----------------------------------
Description of Attached Document
Title or Type of Document:
Loan or Case Number: 24 052414
Document Date:
Capacity(ies) Claimed by Signer
Signer(s) Name: Kim Blanc
Capacity: Vice Presiden’
Signer is representing:CHASE HOME FINANCE LLC,
Plaintiff,
IN THE CIRCUIT COURT OF THE
15TH JUDICIAL CIRCUIT, IN AND FOR PALM
BEACH COUNTY, FLORIDA
vs. CIVIL DIVISION
MARTHA JALLOS, et al, CASE NO.: 502008CA002468
Defendants.
AFFIDAVIT OF COSTS
STATE OF FLORIDA
COUNTY OF BROWARD
BEFORE me, the undersigned authority, personally appeared
Carri L. Pereyra, Esq., who being duly sworn, deposes and says:
1. He/She is attorney of record for the Plaintiff in the above styled action and that he/she is
authorized to make this affidavit and makes this Affidavit based on his/her own personal
knowledge.
2. Plaintiff has expended the following costs in the above foreclosure action:
Title Search & Review $ 325.00
Clerks Filing Fee $ 266.00
Service of Process $ 180.00
TOTAL $ 771.00
FURTHER AFFIANT SAYETH NAUGHT
Carri L. Pert
Bar No.: 0017441
Sworn to and sybscribed before “STATE OF FLORIDA
ef 3 gen pall Munro
comrssieh Oe
xpires: sae
Notary Public, State of eat TAR ErLANTIC BONDING COHN
Commissioned Name of Notary Public
Personally known ‘or produced identification
Type of Identification Produced
08-02339
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IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL DIVISION: AW CASE NO.: 502008CA002468 CHASE HOME FINANCE LLC, vs. MARTHA JALLOS; UNKNOWN SPOUSE OF MARTHA JALLOS; JOHN DOE; JANE DOE AS UNKNOWN TENANT (S) IN POSSESSION OF THE SUBJECT PROPERTY, Plaintiff, Defendants. MOTION FOR SUMMARY FINAL JUDGMENT OF FORECLOSURE Plaintiff, CHASE HOME FINANCE LLC, moves the Court for entry of a Summary Final Judgment of. Foreclosure including an award of attorney's fees to Plaintiff on the grounds that Plaintiff is entitled to such a Final Judgment as a matter of law. The substantial matter of law to be argued is the priority of the lien of Plaintiff's mortgage over the interest of all other Defendants in the real property encumbered by said mortgage and Plaintiff's entitlement to an award of attorney’s fees. In support of this motion, Plaintiff shows the Court: 1 2. 3. Plaintiff filed its Complaint to Foreclose a Mortgage on real property located in Palm Beach County, Florida, the legal description of which is set forth in the Complaint. 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 inferior 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.3d D.C.A. 1970). The provisions of said note and mortgage also provide for an award of attorneys fees to Plaintiff in the event of the filing of an action for foreclosure. The pleadings and exhibits filed herein, as well as Plaintiff's affidavit in support hereof, establish that Plaintiff's mortgage is a purchase money mortgage or was recorded prior to the recording of the instruments creating the liens in favor of those Defendants who claim an interest in the real property encumbered by the mortgage. Therefore, any such interest, which may be vested in the 08-02339aforesaid Defendants, is subordinate and inferior to the lien of Plaintiff's mortgage. Sarmiento v. Stockton, Whatley, Davin & Co., Inc., 399 So. 2d 1057 (Fla. 3d DCA 1981), United States v. First Federal Savings and Loan Association of St. Petersburg, 155 So. 2d 192 (Fla. 2d DCA 1963). WHEREFORE, Plaintiff respectfully requests this Court grant its Motion for Summary Final Judgment of Mortgage Foreclosure including an award of attorney's fees and for such further relief as the Court deems just and proper. 1 HEREBY CERTIFY that a true copy of the foregoing Motion for Summary Judgment, and the following supporting affidavits: Time & Effort, Attorney’s Fees, Indebtedness, Cost were delivered to the parties on the attached mailing list by mail this OR of 2008. Law Offices of Marshall C. Watson, P.A. 1800 N.W. 49" Street, Suite 120 Fort Lauderdale, Fl 33309 Telephone: (954) 453-0365/1-800-441-2438 Facsimile: (954) 771-6052 By: Carri D~Pefeyra, Esq. Bar No.: 0017441 08-02339MAILING LIST Case No.: 502008CA002468 MARTHA JALLOS. 5480 HELENE CIRCLE BOYNTON BEA, FL 33437 UNKNOWN TENANT (S) IN POSSESSION OF SUBJECT PROPERTY 5480 HELENE CIRCLE BOYNTON BEA, FL 33437 08-02339IN THE CIRCUIT COURT OF THE CHASE HOME FINANCE LLC, 15TH JUDICIAL CIRCUIT, IN AND FOR PALM Plaintiff, BEACH COUNTY, FLORIDA vs. CIVIL DIVISION MARTHA JALLOS, et al, CASE NO.: 502008CA002468 Defendants. y AFFIDAVIT OF TIME AND EFFORT STATE OF FLORIDA COUNTY OF BROWARD BEFORE me, the undersigned authority, personally appeared Carri L. Pereyra who, having been duly sworn, deposes and says: That, he/she is employed as an attorney at the Law Offices of Marshall C. Watson, P.A, that as attorney‘for’’ Plaintiff in the above styled action, affiant has expended times as follows: Review information received from client 1.00 hours Preparation of Lis Pendens, Complaint, Summons, and Civil Cover Sheet 1.25 hours Review of returns of Service -50 hours Review correspondence, and miscellaneous telephone communications and memorandum to our client 1.00 hours Preparation of Motion for Summary Final Judgment of Foreclosure, Affidavit as to Indebtedness, Attorney’s Fee Affidavit, Affidavit of Time and Effort, Notice of Hearing, Proposed Final Judgment, Proposed Notice of Sale and Final Disposition Form 2.25 hours Attend Final Hearing (estimate) 1.00 hours Preparation of Final Package to Court 1.00 hours Total 8.00 hours The Law Offices of Marshall C. Watson, P.A has agreed to charge a flat-fee of $1,200.00 for services rendered as described above. A ffiant certifies that there are no reasons for either reduction or enhancement of the fee pursuant to Florida Patients’ Compensation Fund v. Rowe, 47, 45 (Fla. 1985). FURTHER AFFIANT SAYETH NAUGHT Bar No.: 0017441 yRIDA LIC» STATE OF FLO eMart Hall-Munro ana # DD623805 Expires: DEC. 20, 2010 FrLANTIG BONDING CO, TNC: Sworn pray to and subscribed LA g Notary Public, State of Commissioned Nene ee Public Personally known or produced identification Type of Identification Produced 08-02339CHASE HOME FINANCE LLC, IN THE CIRCUIT COURT OF THE Plaintiff, 15TH JUDICIAL CIRCUIT, IN AND FOR PALM vs. BEACH COUNTY, FLORIDA MARTHA JALLOS, et al, CIVIL DIVISION Defendants. CASE NO.: 502008CA002468 Q AFFIDAVIT AS TO ATTORNEY’S FEES a = ~ STATE OF FLORIDA __)SS: nN COUNTY OF BROWARD ) eo x BEFORE me, the undersigned authority, personally appeared ANTHONY LEPORE. ESQ\ whi 7 nN being duly sworn, deposes and says: oO 1am an attorney licensed to practice in the State of Florida and I have practiced law in BROWARD County, Florida, for 12 years. 2. Plaintiff has made its file available for review in this action, and I have conferred with said counsel regarding the services rendered by him/her herein. 3. In my opinion, a flat-fee arrangement of $1,200.00 by said counsel from inception to completion is adequate, and customary. 4. I have evaluated the factors checked below in determining my opinion of a reasonable attorney’s fees as stated above: xX a) The time and labor required, the novelty, complexity and difficulty of the questions involved, and the skill required to perform the legal service properly. x b) The likelihood that the acceptance of the particular employment will preclude other employment by the lawyer. x c) The fee, or rate of fee, customarily charged in this locality for legal services of a comparable or a similar nature. 08-02339be a The significance of, or amount involved in, the subject matter of the representation, the responsibility involved in the representation, and the results obtained. X e. The time limitations imposed by the client or by the circumstances and, as between attorney and client, any additional or special time demands or requests of the attorney by the client. X f. The nature and length of the professional relationship between said counsel and the client. X g. The experience, reputation, diligence and ability of Plaintiff's attorney and the skill, expertise, or efficiency of effort reflected in the actual providing of such services. X h. The fact that the fee is fixed and not contingent and the fact that the client’s ability to pay did not rest to any significant degree on the outcome of the representation. FURTHER AFFIANT SAYETH NAUGHT. NOTARY PUBLIC, State of Florida Commissioned Name of Notary public Personally Known _ 6 proces identification _ Type of identification producedCHASE HOME FINANCELLC, IN THE CIRCUIT COURT OF THE Plaintiff, 15TH JUDICIAL CIRCUIT, IN AND FOR PALM vs. BEACH COUNTY, FLORIDA MARTHA JALLOS, et al, CIVIL DIVISION. 4v0 Defendants. CASENO: 56 2008CA 002 u bF AFFIDAVIT OF INDEBTEDNESS STATE OF __ California _) San Diego SS: COUNTY OF Kim Blanc BEFORE me, personally appeared deposes and says: 1. Affiant is an employee of the servicing agent of the Plaintiff and is personally familiar with the loan, which is owned by the Plaintiff and is subject matter of this action. The information hereinafter given as to the indebtedness arising by virtue of the execution of the note and mortgage sued upon in this action is contained in the original books and records maintained in the office of said servicing agent. A ffiant has personal knowledge of the books and records of the servicing agent and how they are maintained as they relate to the mortgage loan owned by Plaintiff. These books and records include data compilations of the payments, including escrow payments and advances made and received on the mortgage loan in question, and are kept in the course ofa regularly conducted business activity by said servicing agent. The entries are made at or near the time each payment is received by persons with knowledge of the information being recorded. It is the regular practice of said servicing agent to make these entries at the time the payments are received. A ffiant has actual and personal knowledge of the facts stated herein and is authorized to make this Affidavit. The allegations of the Complaint filed in this action are true and correct. +319) 08-02339There is now due and owing to the Plaintiff upon said note and mortgage the following amounts: a) Principal Balance on the note and mortgage b) Accrued interest through from 10/1/07 to 3/16/08 (per diem O42 ) s c) Escrow: Taxes Hazard Insurance Flood Insurance Mortgage Insurance Premium d) Pre-Acceleration Late Charges ) Property Appraisal f) Property Inspections g) Non-Sufficient Funds h) Interest on Advances i) Brokers Price Opinion j) Bankruptcy Fees and Costs k) Property Preservation 1) Escrow/Suspense Credit HOOD $ 241,909.60 : $ O87 sLZO ARABRAHHAH wt 4, On account of Defendants default under the note and mortgage sued upon herein, Plaintiff retained its attomey of record and instructed the filing of this action and agreed, bound and obligated itself to pay said attomey for his/her services on its behalf such sumas the Court shall adjudge to be regSonable. Swom to and\gubscribed before me, this day of, , 2008 Notary Public, State‘of. Commissioned Name df Notary Pui Personally known r produced identification Type of Identification Produced 08-02339 NG ‘Affiant Kim Blanc Vice PresidentJurat State of California }ss. County of San Diego Subscribed and sworn to (or affirmed) before me this __31_ day of _ January, 2008. by. Kim_Blanc proven to me on the basis of satisfactory evidence to be the person(s) who appeared before me. ee ccecevccccnccccceneeseeeeeseeey, Signature: Printed Name: _ Renata Byra see ecccccccccccccs weneeeeennnnennnnnnnnnnnenenenenen OPTIONAL----------------------------------- Description of Attached Document Title or Type of Document: Loan or Case Number: 24 052414 Document Date: Capacity(ies) Claimed by Signer Signer(s) Name: Kim Blanc Capacity: Vice Presiden’ Signer is representing:CHASE HOME FINANCE LLC, Plaintiff, IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA vs. CIVIL DIVISION MARTHA JALLOS, et al, CASE NO.: 502008CA002468 Defendants. AFFIDAVIT OF COSTS STATE OF FLORIDA COUNTY OF BROWARD BEFORE me, the undersigned authority, personally appeared Carri L. Pereyra, Esq., who being duly sworn, deposes and says: 1. He/She is attorney of record for the Plaintiff in the above styled action and that he/she is authorized to make this affidavit and makes this Affidavit based on his/her own personal knowledge. 2. Plaintiff has expended the following costs in the above foreclosure action: Title Search & Review $ 325.00 Clerks Filing Fee $ 266.00 Service of Process $ 180.00 TOTAL $ 771.00 FURTHER AFFIANT SAYETH NAUGHT Carri L. Pert Bar No.: 0017441 Sworn to and sybscribed before “STATE OF FLORIDA ef 3 gen pall Munro comrssieh Oe xpires: sae Notary Public, State of eat TAR ErLANTIC BONDING COHN Commissioned Name of Notary Public Personally known ‘or produced identification Type of Identification Produced 08-02339