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IN THE CIRCUIT COURT OF THE FIFTEENTH
JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA
CIVIL ACTION
DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE
AND CUSTODIAN FOR SOUNDVIEW HOME LOAN TRUST 2006-
EQ1,
Plaintiff,
CASE NO.: 502008CA002770XXXXMB
vs. DIVISION: AW
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RAFAEL DELVALLE; THE UNKNOWN SPOUSE OF
RAFAEL DELVALLE; LAKE CHARLESTON
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MAINTENANCE ASSOCIATION, INC.; ANY AND
ALL UNKNOWN PARTIES CLAIMING BY,
, THROUGH, UNDER, AND AGAINST THE HEREIN
'-g7 NAMED INDIVIDUAL DEFENDANT(S) WHO ARE
NOT KNOWN TO BE DEAD OR ALIVE, WHETHER
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frj SAID UNKNOWN PARTIES MAY CLAIM AN
r INTEREST AS SPOUSES, HEIRS, DEVISEES, IE
pl* GRANTEES, OR OTHER CLAIMANTS; TENANT #1,
— TENANT#!, TENANT #3, and TENANT #4 the names
being fictitious to account for parties in possession
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Defendant(s).
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FINAL SUMMARY JUDGMENT OF MORTGAGE FORECLOSURE
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THIS CAUSE having come to be heard on November 18,2008 on die Motion for Summary Judgment
of Mortgage Foreclosure Including a Hearing to Tax Attorneys' Fees and Costs filed on behalf of Deutsche
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Bank Trust Company Americas, as Trustee and Custodian for Soundview Home Loan Trust 2006-EQ1,
hereinafter referred to as Plaintiff, and die Court having reviewed the pleadings and affidavits filed by Plaintiff,
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having heard argument of counsel, and being otherwise fully advised in die premises:
ORDERS AND ADJUDGES as follows:
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1. Service of process has been duly and regularly obtained over Rafael Delvalle; Lake
Charleston Maintenance 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,
hereinafter referred to as "Defendants."
CFN 20080427004, OR BK 22970 PG 150,RECORDED 11/26/2008 11:50:59
Sharon R. Bock,CLERK & COMPTROLLER, Palm Beach County, NUM OF PAGES 5
2. The equities of this action are in favor of Plaintiff, and Plaintiff is entitled to the foreclosure
of its mortgage. Plaintiff is due:
UNPAID PRINCIPAL BALANCE $296,780.60
INTEREST THROUGH November 18,2008 37,809.53
PRE-ACCELERATED LATE CHARGES 0.00
THROUGH January 20,2008
PROPERTY INSPECTIONS 136.00
TAXES 8,437.98
INSURANCE 7,055.16
BREACH LETTER FEE 7.00
NSFFEE 25.00
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APPRAISAL FEE 190.00
TITLE SEARCH EXPENSES 175.00
TITLE EXAMINATION FEE 150.00
FILING FEE 267.60
CO
INVESTIGATION/SERVICE OF PROCESS 315.00
NOTICE OF ACTION PUBLICATION 297.03
ATTORNEY'S FEE 1,200.00
TOTAL $352,845.90
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3. The Court finds, based upon §702.065(2) Florida Statutes, the affidavits filed herein,
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inquiry of counsel for Plaintiff, and upon consideration of the legal services rendered, the complexity of the
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foreclosure action, the amount of time and labor reasonably expended by lawyers in the community in
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prosecuting routine mortgage foreclosure actions, Albertelli Law’s flat fee agreement with its client and
Florida law, that the flat fee sought by Albertelli Law is reasonable and awards a flat fee of One Thousand
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Two Hundred And 00/100 Dollars ($1,200.00).
4. The Court finds that the Plaintiff is the owner of the Note(s) and Mortgage^) being
foreclosed in this matter.
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5. Plaintiff holds a lien for the total sums set forth in Paragraph 2 superior to any claims,
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interests or estates of Defendants) over Rafael Delvalle; Lake Charleston Maintenance Association, Inc.;and
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any person or entities claiming by, through, under or against these defendants), with tire exception of any
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special assessments that are superior pursuant to Florida Statutes 159 and/or 170.9, on the following-described
property located and situated in Palm Beach County, Florida:
CFN 20080427004 BOOK 22970 PAGE 151, 2 OF 5
LOT 192, OF CHARLESTON SHORES, ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 72, PAGE 122, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA.
A/K/A 6806 TORCH KEY STREET, LAKE WORTH, FL 33467
6. If the total sum set forth in Paragraph 2, with interest at tire rate prescribed by law (which is
11 percent per annum) and all costs of this action accruing subsequent to this Judgment, is not paid
immediately, die Clerk of this Court shall sell the property described in Paragraph 5 at a public sale on
December 29, 2008, at 10:00AM EST, to die highest bidder for cash, except as hereinafter set
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forth, in/on the dining room of the Main Courthouse (Room 1.2406), located on die first floor, 205 N. Dixie
Highway, West Palm Beach, Florida 33402, in Palm Beach County, Florida in accordance with Florida Statute
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§45.031(1999), provided, however, that such sale shall not be held in die absence of Plaintiffs attorney or its
representative. The Clerk shall set a sale date between 20 to 35 days from die date of this Judgment
7. Plaintiff shall advance all subsequent costs of this action in addition to any advances made to
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preserve its collateral and shall be reimbursed, without further Order of the Court, by the Clerk if Plaintiff is not
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die purchaser of the property. If Plaintiff is the purchaser, the bid may be assigned without further Order of this
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Court and die Clerk shall credit the Plaintiffs bid with the total sum set forth in Paragraph 2 above, together
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with interest as prescribed by law and costs accruing subsequent to this judgment as is necessary to pay the bid
in full.
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8. On filing die Certificate of Tide with respect to the property described in Paragraph 5, die
Clerk shall distribute the proceeds of die sale, so far as they are sufficient, by paying: first, all of Plaintiffs
costs; second, documentary stamps affixed to. die Certificate if Plaintiff is the successfill bidder, third.
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Plaintiffs attorney’s fees; fourth, die total sum due to Plaintiff as set forth in Paragraph 2, less the items paid,
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plus interest at the rate prescribed by law from this date to die date of die sale to Plaintiff. THE CLERK
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SHALL RETAIN ANY AMOUNT REMAINING PENDING THE FURTHER ORDER OF THIS
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COURT. ANY AMOUNTS SO RETAINED ARE TO BE DISTRIBUTED TO EACH DEFENDANT,
AS DETERMINED BY ORDER OF THIS COURT. 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 LIEN HOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE
SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN 60 DAYS AFTER
NO SOONEP THAN
ilAYS
CFN 20080427004 BOOK 22970 PAGE 152, 3 OF 5
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.
PLEASE CHECK WITH THE PALM BEACH COUNTY CLERK OF COURT ATTN:
FORECLOSURE MAIN COURTHOUSE 205 NORTH DIXIE HIGHWAY, ROOM 3.2300
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WEST PALM BEACH, FL 33401; TELEPHONE 561-355-2986, WITHIN TEN (10) DAYS AFTER
THE SALE TO SEE IF THERE IS ADDITIONAL MONEY FROM THE FORECLOSURE SALE
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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
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SHOULD READ VERY CAREFULLY ALL PAPERS YOU ARE REQUIRED TO SIGN, ASK
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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
IF
SIGNING AND THAT YOU ARE NOT TRANSFERRING YOUR PROPERTY OR THE EQUITY
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IN YOUR PROPERTY WITHOUT THE PROPER INFORMATION. IF YOU CANNOT AFFORD
TO PAY AN ATTORNEY, YOU MAY CONTACT FLORIDA RURAL LEGAL SERVICES AT
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561-993-0003, 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
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REFERRAL AGENCY OR SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO FLORIDA
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RURAL LEGAL SERVICES FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS
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POSSIBLE AFTER RECEIPT OF THIS NOTICE.
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9. The successful bidder and purchaser at the foreclosure sale of the real property being
foreclosed shall pay, in addition to die 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 die successfill bidder and purchaser. At the time
of the sale the successfill high bidder shall post with the Clerk a deposit equal to five percent (5%) of the final
bid. The deposit shall be 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
CFN 20080427004 BOOK 22970 PAGE 153, 4 OF 5
sale from die deposit Any remaining funds shall be applied toward the Judgment All funds disbursed to
Plaintiff representing proceeds of the sale shall be made payable to Albertelii Law.
10. Defendants' Right of Redemption shall be terminated upon issuance of the Certificate of
Sale as prescribed by Florida Statute §45.0315 Florida Statutes. On filing the Certificate of Title with respect
to the property described in Paragraph 5 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 5, and the purchaser or purchasers at the sale
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shall be let into possession of the property. The Clerk of the Circuit Court is ordered to issue a Writ of
Possession upon demand by die purchaser or purchasers.
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11. 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 die entry of a deficiency decree if bonowerfs)
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has not been discharged in bankruptcy or constructively served, together with additional attorney's fees, if
appropriate.
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DONE AND ORDERED in Chambers, in Palm Beach County, Florida, this day of
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,2008.
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Copies furnished to: /
Albertelii Law (
P.O. Box 23028
Tampa, FL 33623
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07-03109
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Rafael Delvalle
275 S.W. 56th Ave., Apt 110,
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Margate, FL 33068
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Lake Charleston Maintenance Association, Inc.
c/o Keith F. Backer, Esquire
The Arbor, Suite 420
400 South Dixie Highway
Boca Raton, FL 33432
CFN 20080427004 BOOK 22970 PAGE 154, 5 OF 5
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IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL ACTION DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE AND CUSTODIAN FOR SOUNDVIEW HOME LOAN TRUST 2006- EQ1, Plaintiff, CASE NO.: 502008CA002770XXXXMB vs. DIVISION: AW PY RAFAEL DELVALLE; THE UNKNOWN SPOUSE OF RAFAEL DELVALLE; LAKE CHARLESTON CO MAINTENANCE ASSOCIATION, INC.; ANY AND ALL UNKNOWN PARTIES CLAIMING BY, , THROUGH, UNDER, AND AGAINST THE HEREIN '-g7 NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER D frj SAID UNKNOWN PARTIES MAY CLAIM AN r INTEREST AS SPOUSES, HEIRS, DEVISEES, IE pl* GRANTEES, OR OTHER CLAIMANTS; TENANT #1, — TENANT#!, TENANT #3, and TENANT #4 the names being fictitious to account for parties in possession IF Defendant(s). I RT FINAL SUMMARY JUDGMENT OF MORTGAGE FORECLOSURE CE THIS CAUSE having come to be heard on November 18,2008 on die Motion for Summary Judgment of Mortgage Foreclosure Including a Hearing to Tax Attorneys' Fees and Costs filed on behalf of Deutsche A Bank Trust Company Americas, as Trustee and Custodian for Soundview Home Loan Trust 2006-EQ1, hereinafter referred to as Plaintiff, and die Court having reviewed the pleadings and affidavits filed by Plaintiff, T O having heard argument of counsel, and being otherwise fully advised in die premises: ORDERS AND ADJUDGES as follows: N 1. Service of process has been duly and regularly obtained over Rafael Delvalle; Lake Charleston Maintenance 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, hereinafter referred to as "Defendants." CFN 20080427004, OR BK 22970 PG 150,RECORDED 11/26/2008 11:50:59 Sharon R. Bock,CLERK & COMPTROLLER, Palm Beach County, NUM OF PAGES 5 2. The equities of this action are in favor of Plaintiff, and Plaintiff is entitled to the foreclosure of its mortgage. Plaintiff is due: UNPAID PRINCIPAL BALANCE $296,780.60 INTEREST THROUGH November 18,2008 37,809.53 PRE-ACCELERATED LATE CHARGES 0.00 THROUGH January 20,2008 PROPERTY INSPECTIONS 136.00 TAXES 8,437.98 INSURANCE 7,055.16 BREACH LETTER FEE 7.00 NSFFEE 25.00 PY APPRAISAL FEE 190.00 TITLE SEARCH EXPENSES 175.00 TITLE EXAMINATION FEE 150.00 FILING FEE 267.60 CO INVESTIGATION/SERVICE OF PROCESS 315.00 NOTICE OF ACTION PUBLICATION 297.03 ATTORNEY'S FEE 1,200.00 TOTAL $352,845.90 D 3. The Court finds, based upon §702.065(2) Florida Statutes, the affidavits filed herein, IE inquiry of counsel for Plaintiff, and upon consideration of the legal services rendered, the complexity of the IF foreclosure action, the amount of time and labor reasonably expended by lawyers in the community in RT prosecuting routine mortgage foreclosure actions, Albertelli Law’s flat fee agreement with its client and Florida law, that the flat fee sought by Albertelli Law is reasonable and awards a flat fee of One Thousand CE Two Hundred And 00/100 Dollars ($1,200.00). 4. The Court finds that the Plaintiff is the owner of the Note(s) and Mortgage^) being foreclosed in this matter. A 5. Plaintiff holds a lien for the total sums set forth in Paragraph 2 superior to any claims, T interests or estates of Defendants) over Rafael Delvalle; Lake Charleston Maintenance Association, Inc.;and O any person or entities claiming by, through, under or against these defendants), with tire exception of any N special assessments that are superior pursuant to Florida Statutes 159 and/or 170.9, on the following-described property located and situated in Palm Beach County, Florida: CFN 20080427004 BOOK 22970 PAGE 151, 2 OF 5 LOT 192, OF CHARLESTON SHORES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 72, PAGE 122, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. A/K/A 6806 TORCH KEY STREET, LAKE WORTH, FL 33467 6. If the total sum set forth in Paragraph 2, with interest at tire rate prescribed by law (which is 11 percent per annum) and all costs of this action accruing subsequent to this Judgment, is not paid immediately, die Clerk of this Court shall sell the property described in Paragraph 5 at a public sale on December 29, 2008, at 10:00AM EST, to die highest bidder for cash, except as hereinafter set PY forth, in/on the dining room of the Main Courthouse (Room 1.2406), located on die first floor, 205 N. Dixie Highway, West Palm Beach, Florida 33402, in Palm Beach County, Florida in accordance with Florida Statute CO §45.031(1999), provided, however, that such sale shall not be held in die absence of Plaintiffs attorney or its representative. The Clerk shall set a sale date between 20 to 35 days from die date of this Judgment 7. Plaintiff shall advance all subsequent costs of this action in addition to any advances made to D preserve its collateral and shall be reimbursed, without further Order of the Court, by the Clerk if Plaintiff is not IE die purchaser of the property. If Plaintiff is the purchaser, the bid may be assigned without further Order of this IF Court and die Clerk shall credit the Plaintiffs bid with the total sum set forth in Paragraph 2 above, together RT with interest as prescribed by law and costs accruing subsequent to this judgment as is necessary to pay the bid in full. CE 8. On filing die Certificate of Tide with respect to the property described in Paragraph 5, die Clerk shall distribute the proceeds of die sale, so far as they are sufficient, by paying: first, all of Plaintiffs costs; second, documentary stamps affixed to. die Certificate if Plaintiff is the successfill bidder, third. A Plaintiffs attorney’s fees; fourth, die total sum due to Plaintiff as set forth in Paragraph 2, less the items paid, T plus interest at the rate prescribed by law from this date to die date of die sale to Plaintiff. THE CLERK O SHALL RETAIN ANY AMOUNT REMAINING PENDING THE FURTHER ORDER OF THIS N COURT. ANY AMOUNTS SO RETAINED ARE TO BE DISTRIBUTED TO EACH DEFENDANT, AS DETERMINED BY ORDER OF THIS COURT. 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 LIEN HOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN 60 DAYS AFTER NO SOONEP THAN ilAYS CFN 20080427004 BOOK 22970 PAGE 152, 3 OF 5 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. PLEASE CHECK WITH THE PALM BEACH COUNTY CLERK OF COURT ATTN: FORECLOSURE MAIN COURTHOUSE 205 NORTH DIXIE HIGHWAY, ROOM 3.2300 PY WEST PALM BEACH, FL 33401; TELEPHONE 561-355-2986, WITHIN TEN (10) DAYS AFTER THE SALE TO SEE IF THERE IS ADDITIONAL MONEY FROM THE FORECLOSURE SALE CO 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 D SHOULD READ VERY CAREFULLY ALL PAPERS YOU ARE REQUIRED TO SIGN, ASK IE 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 IF SIGNING AND THAT YOU ARE NOT TRANSFERRING YOUR PROPERTY OR THE EQUITY RT IN YOUR PROPERTY WITHOUT THE PROPER INFORMATION. IF YOU CANNOT AFFORD TO PAY AN ATTORNEY, YOU MAY CONTACT FLORIDA RURAL LEGAL SERVICES AT CE 561-993-0003, 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 A REFERRAL AGENCY OR SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO FLORIDA T RURAL LEGAL SERVICES FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS O POSSIBLE AFTER RECEIPT OF THIS NOTICE. N 9. The successful bidder and purchaser at the foreclosure sale of the real property being foreclosed shall pay, in addition to die 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 die successfill bidder and purchaser. At the time of the sale the successfill high bidder shall post with the Clerk a deposit equal to five percent (5%) of the final bid. The deposit shall be 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 CFN 20080427004 BOOK 22970 PAGE 153, 4 OF 5 sale from die deposit Any remaining funds shall be applied toward the Judgment All funds disbursed to Plaintiff representing proceeds of the sale shall be made payable to Albertelii Law. 10. Defendants' Right of Redemption shall be terminated upon issuance of the Certificate of Sale as prescribed by Florida Statute §45.0315 Florida Statutes. On filing the Certificate of Title with respect to the property described in Paragraph 5 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 5, and the purchaser or purchasers at the sale PY shall be let into possession of the property. The Clerk of the Circuit Court is ordered to issue a Writ of Possession upon demand by die purchaser or purchasers. CO 11. 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 die entry of a deficiency decree if bonowerfs) D has not been discharged in bankruptcy or constructively served, together with additional attorney's fees, if appropriate. IE DONE AND ORDERED in Chambers, in Palm Beach County, Florida, this day of IF ,2008. RT CE Copies furnished to: / Albertelii Law ( P.O. Box 23028 Tampa, FL 33623 A 07-03109 T Rafael Delvalle 275 S.W. 56th Ave., Apt 110, O Margate, FL 33068 N Lake Charleston Maintenance Association, Inc. c/o Keith F. Backer, Esquire The Arbor, Suite 420 400 South Dixie Highway Boca Raton, FL 33432 CFN 20080427004 BOOK 22970 PAGE 154, 5 OF 5