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  • AURORA LOAN SERVICES LLC V SAAVEDRA, LUIS E REAL PROPERTY/FORECLOSURE document preview
  • AURORA LOAN SERVICES LLC V SAAVEDRA, LUIS E REAL PROPERTY/FORECLOSURE document preview
  • AURORA LOAN SERVICES LLC V SAAVEDRA, LUIS E REAL PROPERTY/FORECLOSURE document preview
  • AURORA LOAN SERVICES LLC V SAAVEDRA, LUIS E REAL PROPERTY/FORECLOSURE document preview
						
                                

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/- 1X AURORA LOAN SERVICES, LLC vs PLAINTIFF LUIS E. SAAVEDRA; UNKNOWN SPOUSE OF LUIS E. SAAVEDRA IF ANY; ANY AND ALL UNKNOWN PARTIES CLAIMING BY, FEROUGH, UNDER, AND AGAINST THE HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO TARE NOT KNOWN TO BE DEAD OR ALIVE , WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES OR OTHER CLAIMANTS; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; JOHN DOE AND JANE DOE AS UNKNOWN TENANTS IN POSSESSION, IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COl GENERAL JURISDICTION DIVISION CASE NO: 502008CA002335XXXXMB UNTY, FLORIDA Caw This space is for recording purposes only SUMMARY FINAL JUDGMENT IN FORECLOSURE THIS CAUSE having come to be heard on Plaintiff's Motion for Summary Final Judgment and Taxation of Attomey Fees and Costs, and upon the Affidavits filed herein, and the Court being fully advised in the premises, it is hereby ORDERED: 1, The Plaintiff's Motion for Summary Final Judgment is GRANTED. 2. There is due to the Plaintiff the following from LUIS E. SAAVEDRA : Principal due on the note secured by the Mortgage foreclosed: Interest on the Note and Mortgage from July 1, 2007 to October 30, 2008 Per diem interest at $61.36 from October 31, 2009 through December 8, 2009 Late Charges Inspections Conducted on Property Ad Valorem Taxes Hazard Insurance Premiums Appraisal(s) COSTS: Filing Fee Service of Process Abstracting Service/Mail Required by Law Title Update Charges $255,966.67 $29,775.79 $2,393.04 $373.28 $108.00 $10,942.09 $3,628.19 $285.00 $265.60 $450.00 $325.00 $16.50 $75.00 SUBTOTAL $304,604.16 CFN 20090441643, OR BK 23602 PG 1453,RECORDED 12/18/2009 11:55:07 Sharon R. Bock,CLERK & COMPTROLLER, Palm Beach County, NUM OF PAGES 4‘AURORA LOAN SERVICES, LLC vs. LUIS E. SAAVEDRA, ET AL CASE NO: 502008CA002335XXXXMB Attorney's fees based upon 8 hours at $150.00 per hour in the amount of: $1,200.00 TOTAL $305,804.16 3. A lien is held by the Plaintiff whose address is 327 SOUTH INVERNESS DR, 3RD FLOOR, ENGLEWOOD, CO 80112 for the total of the Final Judgment sum specified in the preceding paragraph, plus interest thereon. The lien of the Plaintiff is superior in dignity to any right, title, interest or claim of the Defendants and all persons, firms or corporations claiming by, through, or under the Defendants or any of them and the property will be sold free and clear of all claims of the Defendants. The lien encumbers the following described property in PALM BEACH County, Florida, to-wit: LOT 16 AND THE WEST 35 FEET OF LOT 17, BLOCK 2, DELAWARE MANOR, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, AT PAGE 59, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 4, If the total sum due to the Plaintiff as set forth in Paragraph 2, plus interest at the statutory rate, 11%, in effect at the time of the entry of this judgment, which rate shall remain the same until the judgment is paid, and all costs of this proceeding incurred subsequent to the date of this Judgment are not paid to Plaintiff, the Clerk of this Court shall sell the property described in Paragraph 3 in accordance with the terms of Paragraph 6. 5. The Plaintiff shall advance the cost of publishing the Notice of Sale and the Clerk's fee for it and shall be reimbursed by the Clerk out of the proceeds of the sale of the property described in Paragraph 3 if the Plaintiff does not become the purchaser of the property at the sale. 6. The gk of this Court shall sell the property described in Paragraph 3 at public sale at 10:00 a.m., on the 1a day of wun , 2010, a date that shall not be less than 20 days or more than 35 days after the date of entry of this judgment, to the highest and best bidder or bidders for cash at in ROOM 1.2406 (DINING ROOM) on the FIRST FLOOR of the PALM BEACH County Courthouse located at 205 NORTH DIXIE HIGHWAY, SGFEE=¥23, in WEST PALM BECH, Florida, after having first given notice as required by Section 45.031, Florida Statutes. Any purchaser other than the Plaintiff shall pay all service charges assessed by the Clerk of the Circuit Court pursuant to Florida Statute 28.24 together with proper documentary stamps to be affixed to the Certificate of Title. 7. The Plaintiff may be the bidder for, and purchaser of, the property described in Paragraph 3. If the Plaintiff is the purchaser of the property at the sale, the Clerk shall credit the bid of the Plaintiff with the total sum found to be due to the Plaintiff for such portion thereof as may be necessary to pay fully the bid of the Plaintiff. If, subsequent to the date of the Plaintiff's affidavit of indebtedness and prior to the sale contemplated in paragraph 6 hereof, the Plaintiff is required to advance any monies to protect its mortgage lien, then Plaintiff or its attorneys shall so certify to the clerk of this court, and the amount found due to the Plaintiff shall be increased by the amount of such advances upon motion and Order of the Court. 8. Upon the confirmation of the sale of the property by the clerk filing the Certificate of Sale, any and all persons claiming by, through, and under them since the date of the filing of the Notice of Lis Pendens, are forever barred and foreclosed of and from all right, title, interest, claim or demand of any kind or nature whatsoever in and to the property. 9. Upon the filing of the Certificate of Title, the Clerk shall make distribution of the proceeds from the sale in the following order and in the amounts due under each of the following subparagraphs: (CFI 20080441643 BOOK 73602 PAGE 486, 20F «AURORA LOAN SERVICES, LLC vs. LUIS E. SAAVEDRA, ET AL CASE NO: 502008CA002335XXXXMB a 15. 16. All costs and expenses of these proceedings subsequent to the entry of the Summary Final Judgment of Foreclosure, including the cost of publishing the Notice of Sale and the Clerk's fee for making the sale, unless the Plaintiff, having already paid for these two items of cost, is the purchaser at the sale, the cost of the State documentary stamps affixed to the Certificate of Title based on the amount bid for the property, plus the costs, if paid by purchaser. The total sum found to be due to the Plaintiff in Paragraph 2, plus interest at the statutory rate in effect at the time of entry of this judgment, which interest shall remain the same until the judgment is paid. The balance of the proceeds of the sale in excess of the amounts paid under Paragraphs 9(a) and 9(b) shall be retained by the Clerk of this Court pending further order of this Court. Upon the filing of the Certificate of Title, the purchaser at the sale, his/her representatives or assigns shall be let into possession of the property forthwith. This is an in rem judgment only and it is not to be construed as a personal money judgment against any of the defendants named herein. However, the Court retains jurisdiction of this cause and the parties to enter further orders as are proper, including deficiency judgments, if permissible. Any such deficiency judgment may be sought only against the makers of the note. The purchaser at the sale, their heirs representatives, successors, or assigns shall be entitled to possession of the premises upon issuance of the Certificate of Title. In the event the Defendants fail to vacate the premises after the Certificate of Title has issued, the Clerk of the Court is directed to issue a Writ of Possession to the purchaser, their heirs, representatives, successors, or assigns, without the necessity of any further order from this Court for the premises located at 4316 KENT AVENUE, LAKE WORTH, FL 33461. In the event the Plaintiff is contractually obligated to pay its attorneys an amount less than the amount of reasonable fees awarded by the Court above in paragraph 2, the Defendant borrower shall have the right to pay that lesser amount for attorneys fees in the event the Defendant borrower has the right to reinstate the loan prior to the sale under the loan documents or in the event the Defendant borrower tenders full payoff of the loan to the Plaintiff prior to the filing of the Certificate of Sale by the Clerk. The court finds that the number of hours expended and the hourly rate charged by the Plaintiff's counsel as set forth in Paragraph 2 are reasonable. The Court further finds that there are no reduction or enhancement factors for consideration by the court pursuant to Florida Patient's Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985). Should this property be sold to a third party, the Clerk of Court is hereby directed to make the check for the amount due to the Plaintiff pursuant to paragraph 10 above payable to David J. Stern, P.A. Trust Account. In the event the instant case is dismissed by the Plaintiff, the Clerk of Court is hereby directed to release any original documents filed with the Court to counsel of record for Plaintiff. NOTICE PURSUANT TO FLORIDA STATUTES § 45.031 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 ‘CFI 20080441843 BOOK 73602 PAGE 1485, 3 OF «AURORA LOAN SERVICES, LLC vs. LUIS E. SAAVEDRA, ET AL ‘CASE NO: 502008CA002335XXXXMB_ NO LATER THAN 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. PLEASE CHECK WITH THE CLERK OF THE COURT FOR PALM BEACH COUNTY, TELEPHONE NUMBER 561 355-2986, 205 NORTH DIXIE HIGHWAY, SUITE 3.23, 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, 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 REFERRAL AGENCY OR SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO CONTACT FLORIDA RURAL LEGAL SERVICES FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE. DONE and ORDERED in open court at WEST PALM BEACH, PALM BEACH County, Florida, this 8 day of December, 2009. Copies furnished to: . SeaaaeO OF DAVID J. STERN, P.A., 9} ) SOUTH PINE ISLAND ROAD, SUITE 400, PLANTATION, FL LUIS E. SAAVEDRA, 222 FOXTAIL DR, APT D, GREENACRES, FL 33415 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., 3300 SW 34 AVENUE, SUITE 101 OCALA, FL 34474 JOHN DOE(REFUSED NAME) , 4316 KENT AVENUE, LAKE WORTH, FL 33461 CURRENT TENANT, 4316 KENT AVENUE, LAKE WORTH, FL 33461 07-25603 (ALS) FM (CFN 20090441643 BOOK 29602 PAGE 1456, 4 OF 4