Preview
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CIVIL ACTION
U.S. BANK NATIONAL ASSOCIATION AS
TRUSTEE,
Plaintiff,
CASE NO.: 502007CA024481XXXXMB.,
vs. DIVISION: AW Tate eo
ULISSES RIBERO DOS SANTOS , et al,
Defendant(s).
PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
CLUDING A HEARING
TO TAX ATTORNEYS' FEES AND COSTS
Plaintiff, U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE, files this Motion for Summary
Judgment Including a Hearing to Tax Attorneys' Fees and Costs and says:
1 This Motion is filed pursuant to Fla. R. Civ. P. 1.510. The particular grounds on which the Plaintiff's
Motion for Summary Judgment Including a Hearing to Tax Attorneys’ Fees and Costs is based are set forth below.
2. 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.
3. Defendants were duly and regularly served with process.
4. The Mortgage sued upon by Plaintiff constitutes a valid lien on the property sought to be foreclosed,
is in default and is superior to any right, title, interest or claim of all Defendants and all persons or entities claiming, by
through or under them.
5. On the basis of the above grounds, the Plaintiff is entitled to a Final Judgment as a matter of law. The
FILE_NUMBER: F07063653 DOC_ID: M005300
Ant WIMsubstantial matters of law to be argued are as follows:
(a) The interest of the owner of record for the property described herein is inferior and
subordinate to the interest of Plaintiff. Jordan v. Sayre, 24 Fla. 1, 3 So. 329 (1888);
i se, 46 So. 3 (Fla. 1908).
(b) The lien of Plaintiff's mortgage takes priority over any other subsequent claims or
liens attaching to the property through the mortgagors, their successors, assigns and
tenants. Lee v. Slemons, 112 Fla. 675, 150 So. 792 (1933); Bullard v. Fender, 140
Fla. 448, 192 So. 167 (1939); County of Pinellas v. Clearwater Fed. Sav. &
Assn, 214 So.2d 525 (Fla. 2d DCA 1968); Bancflorida v. Hayward, 689 So.2d
1052 (Fla. 1997).
(c) As a matter of law the entire indebtedness secured by the mortgage held by Plaintiff
is due and collectible. VanHuss v. Prudential Ins. Co. of America, 123 Fla. 20, 165
So. 896 (1936); Baader v. Walker, 153 So.2d 51 (Fla. 2d DCA), cert. denied, 156
So, 2d 858 (Fla. 1963); Harmony Homes, Inc. v.U.S., 936 F. Supp 907 (Fla. MD
1996).
(d) As a matter of Jaw and pursuant to the mortgage instrument securing the mortgage
note, Plaintiff is entitled to collect costs and attorney's fees incident to the
collection of its indebtedness and any sums advanced to prevent the impairment of
its security. Ritch v. Eichelberger, 13 Fla. 169 (1869-71); American Securities Co.
v.Goldsberry, 69 Fla. 104, 67 So. 862 (1911); Raskin v. Otten, 273 So.2d 433
(Fla. 3rd DCA 1973); Reilly v. Barrera, 620 So. 2d 1116 (Fla. 5* DCA 1993).
(e) Florida and other law related to notice, notes and mortgages, foreclosure, evidence,
and substantive and procedural law regarding summary judgments.
6. The Note and Mortgage are in default. Moreover, Plaintiff owns and holds the Note and Mortgage
and is entitled to recover its principal, interest, late charges, costs, attorney's fees, and other expenses, all of which are
more fully set forth in the affidavits attached hereto and incorporated by reference herein as Composite Exhibit "A".
7. Attorney for Plaintiff will offer the original Note and the original Mortgage to the Court upon the
hearing of this Motion.
8. The pleading and admissions of file, together with the Affidavits attached hereto and those which
may be filed hereinafter, along with any and all depositions which may be hereinafter taken, if any, show that there
are no genuine issues as to any material facts. Accordingly, Plaintiff is entitled to Final Summary Judgment as a
matter of law upon its Complaint.
WHEREFORE, Plaintiff prays for éntry of Final Summary Judgment in its favor against all Defendants forthe relief set forth in its Complaint.
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail to all
parties listed on the attached service list on this os day of April, 2008.
Florida Default Law Group, P.L.
P.O. Box 25018
Tampa, Florida 33622-5018
(813) 251-4766
By:
Nikolay Kolev
FLORIDA BAR NO. 0028005
Brianna Finch
FLORIDA BAR NO. 37467
GMAC-CONV-R-abiven-F07063653IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CIVIL ACTION
U.S. BANK NATIONAL ASSOCIATION AS
TRUSTEE,
Plaintiff,
CASE NO.: 502007CA024481XXXXMB
vs. DIVISION: AW
ULISSES RIBERO DOS SANTOS, et al,
Defendant(s).
/
AFFIDAVIT OF PLAINTIFF'S COUNSEL AS TO
ATTORNEY'S FEES AND COSTS
ON THIS DATE, before me, the undersigned authority, personally appeared Nikolay Kolev, who upon being,
duly sworn, deposes and says as follows:
1 Iam over the age of 21 and have personal knowledge of the matters set forth herein. I am an
attorney with the law firm of Florida Default Law Group, P.L. and represent our client in the above referenced
foreclosure action. As an attorney with this firm, I am familiar with the services rendered and all costs and expenses
incurred on behalf of our client in prosecuting this action.
2. This action is an uncontested residential mortgage foreclosure. In uncontested foreclosure actions,
the attorney and paralegals will perform, at a minimum, the following legal services:
A. Review Complaint, Summonses, Lis Pendens and Civil Cover Sheet;
B. Review returns of service and prepare motions for default, where applicable;
C. Where filed, review Answers and other pleadings;
D. Review loan documents and correspondence;
E. Review the motion for summary judgment, affidavit of indebtedness, affidavit in support of
Plaintiff's claim for fees and costs, affidavit in support of reasonableness of attorney's fees, notice of
FILE_NUMBER: F07063653 DOC_ID: M005402
AA Wenahearing, proposed final judgment, proposed notice of sale and final disposition form.
F. Inthe event this matter proceeds to sale, additional time will be incurred in preparing the bid and
ensuring that all requirements have been met to proceed to sale.
3. For all legal services performed in this uncontested residential foreclosure, Florida Default Law
Group, P.L. has agreed to charge, and this client has agreed to pay, a flat rate of $1,200.00. This represents our fee
agreement for prosecuting this type of loan in an uncontested residential foreclosure action. In the event the matter
becomes contested, Florida Default Law Group, P.L. has agreed to charge, and this client has agreed to pay, an
hourly fee up to $175.00 per hour for services related to the contested issues. In no event does Florida Default Law
Group, P.L. seek to recover attorney's fees greater than the amount billed to and paid by this client.
4. Florida Default Law Group, P.L. does not create any specific timekeeping records reflecting the
amount of time spent on an uncontested residential foreclosure due to this flat fee agreement and the administrative
costs that would result. The flat fee agreement was determined by taking into account many factors including, but
not limited to, the following: the time and labor reasonable expended by lawyers in the community handling
uncontested residential foreclosures; the complexity of the foreclosure action, the experience of Florida Default Law
Group, P.L. in handling these types of matters; the industry standard for this type of loan, which is the discounted
amount that this firm and our client have agreed to as a reasonable flat fee for each individual foreclosure action
given that our client will refer this firm similar type actions in the future; and current market conditions.
5. Jam also familiar with the costs and expenses that Florida Default Law Group, P.L. incurred on
behalf of our client in this action. These costs and expenses are as follows:
COSTS:
A. Title Charges: $325.00
Title Search Fee $175.00
Title Examination Fee $150.00
B. Filing Fee 266.00
C. Investigation/Service of Process 385.00
(see attached invoice)
TOTAL $976.006. The title search and exam cost includes amounts paid to third parties for data and information reviewed
for title purposes. New House Title, L.L.C is the title company utilized to perform the title work on this foreclosure
action. The owners of Florida Default Law Group, P.L. own New House Title, L.L.C.
FURTHER AFFIANT SAYETH NOT.
DATED this__o-S~ day of Ap :
2008.
Florida Default Law Group, P.L.
P.O. Box 25018
Tampa, Florida 33622-5018
(813) 251-4766
By:
Nikolay Kolev
FLORIDA BAR NO. 0028005
The foregoifig _instyument was sworn to and subscribed before me this A > day of
, 2008, by Nikolay Kolev, who is personally known Ie.
NOTARY PUBKICC, Staté of Florida
My commission expires: L LY; L =f O
‘SHERI L. SATTERWHITE
MY COMMISSION # DD 506117
EXPIRES: January 11, 2010
Bonded Thru Notary Public UnderwritersPROVEST 01/22/2008
4520 SEEDLING CIRCLE
TAMPA, FL 33614-2400
CUSTOMER BILLING INFORMATION
FLORIDA DEFAULT LAW GROUP, THE FILENUMBER: _F07063653
P.O. BOX 25018 MAIN DEFENDANT: ULISSES RIBERO DOS SANTOS, ET AL
PLAINTIFF: US. BANK NATIONAL ASSOCIATION AS TRUSTEE
ITAMPA, FL 33622-5018 aaa eee
AMY BIVEN
STATUS DATE DESCRIPTION TAX CHARGE TOTAL
ULISSES RIBERO DOS SANTOS
12/28/2007 TRANSFERRED $0.00 $0.00 $0.00
12/28/2007 ATTEMPTING SERVICE - Ist Address $0.00 $45.00 $45.00
01/05/2008 SERVICE COMPLETE $0.00 $0.00 $0.00
THE UNKNOWN SPOUSE OF ULISSES RIBERO DOS SANTOS
12/28/2007 TRANSFERRED 0,00 $0.00 $0.00
1228/2007 ATTEMPTING SERVICE - Ist Address 30.00 $45.00 $45.00
01/05/2008 SERVICE COMPLETE $0.00 $0.00 $0.00
BROOKFIELD HOMEOWNERS ASSOCIATION INC
1228/2007 TRANSFERRED $0.00 50.00 $0.00
1228/2007 ATTEMPTING SERVICE - Ist Address $0.00 $45.00 $45.00
01/09/2008 SERVICE COMPLETE $0.00 $0.00 $0.00
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED, AS NOMINEE FOR FRANKLIN CREDIT
MANAGEMENT CORPORATION
12/28/2007 TRANSFERRED $0.00 $0.00 $0.00
1228/2007 ISSUE $0.00 $0.00 $0.00
01/03/2008 ee eee ee eee $0.00 $160.00 $160.00
01/04/2008 SERVICE COMPLETE $0.00 0.00 $0.00
‘TENANT #1
1272872007 TRANSFERRED $0.00 $0.00 $0.00
12/28/2007 ATTEMPTING SERVICE - Ist Address $0.00 $45.00 $45.00
01/05/2008 NON-SERVICE OWNER OCCUPIED $0.00 $0.00 $0.00
‘TENANT #2
1228/2007 TRANSFERRED $0.00 0,00 $0.00
1228/2007 ATTEMPTING SERVICE - Ist Address $0.00 $45.00 $45.00
01/05/2008 NON-SERVICE OWNER OCCUPIED $0.00 $0.00 $0.00
SUBTOTAL: $365.00
TOTALEXTRACHARGES: $0.00
PREPAID: $0.00
TOTAL:IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CIVIL ACTION
U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE,
Plaintiff,
CASE NO.: 502007CA024481XXXXMB
vs. DIVISION: AW
ULISSES RIBERO DOS SANTOS , et al,
Defendant(s).
/
AFFIDAVIT ASTO AMOUNTS DUE AND OWING
STATE or PA
COUNTY OF MOM Gomory Jeffrey Stephan
BEFORE ME this day personally appeared Limited Signing Officer ;
(Affiant) who upon oath, deposes on personal knowledge and says:
1. This Affidavit is submitted in support of Plaintiff's Motion for Final Judgment for the purpose of
showing: that there is no genuine issue as to any material fact, that Plaintiff is entitled to enforce the Note and Mortgage
and Plaintiff is entitled to a judgment as a matter of law.
2. Iam LSO (title), of GMAC MORTGAGE,
LLC. GMAC MORTGAGE, LLC is the servicer of the loan. GMAC MORTGAGE, LLC is responsible for the
collection of this loan transaction and pursuit of any delinquency in payments. I am familiar with the books of account
and have examined all books, records, and documents kept by GMAC MORTGAGE, LLC concerning the transactions
alleged in the Complaint. All of these books, records and documents are kept by GMAC MORTGAGE, LLC in the
regular course of its business as servicer of the loan transaction and are made at or near the time by, and from
information transmitted by, persons with personal knowledge of the facts such as your Affiant. Itis the regular practice
of GMAC MORTGAGE, LLC to make and keep these books, records, and documents. The books, records, and
FILE_NUMBER: F07063653 DOC_ID: M001900
“F07063653* “W001900"‘documents which A ffiant has examined are managed by employees or agents whose duty it is to keep the books
accurately and completely. Furthermore, A ffiant has personal knowledge of the matters contained in the books, records
and documents kept by GMAC MORTGAGE, LLC.
3. Ihave personal knowledge of the facts contained in this affidavit. Specifically, I have personal
knowledge of the facts regarding the sums of money which are due and owing to U.S. BANK NATIONAL
ASSOCIATION AS TRUSTEE pursuant to the Note and Mortgage which is the subject matter of the lawsuit,
4. Plaintiff, U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE, is owed the following sums of
money as of 04/29/08:
PRINCIPAL $432,358.11
INTEREST 22,466.31
PER DIEM OF $,
( 6.99% interest rate)
PRE-ACCELERATION LATE CHARGES
THROUGH December 12, 2007
PROPERTY INSPECTIONS
BANKRUPTCY FEES & COSTS
TAXES,
INSURANCE
BPO FEE
TOTAL
“FO7063653
146.21
37.50
110.00
$ 455,118.13- 5.
U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE has employed the services of the law firm
of Florida Default Law Group, P.L. in this action against the Defendant(s), and is obligated to pay Florida Default Law
Group, P.L. a reasonable attorney's fee for its services, along with all costs and expenses of this action. In this
uncontested foreclosure case, we have agreed to pay the law firm of Florida Default Law Group, P.L. a flat fee of
$1,200.00. In the event the matter becomes contested, we have agreed to pay an hourly fee up to $175.00 per hour.
FURTHER AFFIANT SA YETHNO’
Type NaméH;
The foregoing instrument was sworn to and subscribed before me this z day of,
2008, by
Limited Signing Officer
F07063653-74406571112
GMAC-CONV-R-abiven
Jeffrey Stephan
, who is personally known to me.
Type lee Ae:
NOTARY PUBLIC, State of STATE OF
My commission expires:
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Aixa M. Torres, Notary Public
Horsham Twp, Montgomery County
My Commission Expires Aug, 3, 2010
Member Rennayivana Association of NotariesIN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
JIN AND FOR PALM BEACH COUNTY, FLORIDA
CIVIL ACTION
U.S. BANK NATIONAL ASSOCIATION AS
TRUSTEE,
Plaintiff,
CASE NO.: 502007CA024481XXXXMB
vs. DIVISION: AW
ULISSES RIBERO DOS SANTOS, et al,
Defendant(s).
/
AFFIDAVIT AS TO REASONABLE ATTORNEYS FEES
STATE OF FLORIDA Ss
COUNTY OF HILLSBOROUGH s
BEFORE ME, the undersigned authority, personally appeared Erin Collins Cullaro, who upon first being duly
swom on oath, deposes and says:
. 1. Jam an attorney at law duly authorized to practice in the State of Florida.
2. Ihave been active in the practice of law in Florida since September 22, 1995, and I am personally
familiar with the fees usually allowed Plaintiffs for the services of their attorneys in suits of the kind and nature in which
this affidavit is to be filed.
3. J am familiar with Rule 4-1.5(b) of the Rules Regulating the Florida Bar, and have taken into
consideration the factors set forth in such Rule for the determination of reasonable attorney's fees.
4. Tam also familiar with and have considered the dictates of the Florida Supreme Court in the case of
Florida Patient's Compensation Fund vs. Rowe, 472 So.2d 1145 (Fla 1985) for the determination of reasonable
attorney's fees. 7
5. In arriving at my opinion of the value of reasonable attomey's fees in this action, I have utilized and
considered the following criteria:
a. The time and labor required, the novelty, complexity and difficulty of the questions involved, and the
skill requisite to perform the legal services properly.
b. The likelihood that the acceptance of the particular employment will preclude other employment by
the lawyer. :
c. The fee or rate of fee customarily charged in the locality for'services of a comparable or similar
nature.
FILE_NUMBER: F07063653 DOC_ID: M002300
ine nrp
The amount involved and the results obtained.
e. The time limitations imposed by the client or by the circumstances.
£ The nature and length of the professional relationship with the client.
g. The experience, reputation and ability of the lawyer or lawyers performing the services.
b. Whether the fee is fixed or contingent.
6. Florida Default Law Group, P-L. does not keep records of its time while it represents the Plaintiff
pursuant to a flat fee arrangement; therefore, I have reviewed no specific time keeping records.
7. It is my opinion that a review of the actual foreclosure file of Florida Default Law Group, P.L. in this
case would be unnecessary and futile event. In my opinion, the specific steps and requirements for filing and
litigating a mortgage foreclosure action in the State of Florida dictate that under no circumstance could the fee
charged by Florida Default Law Group, P.L. be unreasonable; therefore, I have not reviewed the actual file in this
case.
8. Based upon my review as set forth, it is my opinion that a reasonable attomey's fee and paralegal fee
is $1,450.00.
FURTHER AFFIANT SAYETH NAUGHT.
ing instrument was subscribed and
2008, by Erin Colli
NOTARY PUBLIC, State of Florida
My Commission Expires:
FIDHOMECOMIN-CONV-R-abiven- F07063653Service List
ULISSES RIBERO DOS SANTOS
6003 Glenbrook Drive
Boca Raton, FL 33433
THE UNKNOWN SPOUSE OF ULISSES RIBERO DOS SANTOS
6003 Glenbrook Drive
Boca Raton, FL 33433
BROOKFIELD HOMEOWNERS ASSOCIATION INC
C/o Christopher, Stephen, R.a.
29 Se 5th St
Boca Raton, FL 33432
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED, AS NOMINEE FOR,
FRANKLIN CREDIT MANAGEMENT CORPORATION
C/o Legal Department (mers), R.a.
1595 Spring Hill Road, Suite 310
Vienna, VA 22182
Preview
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL ACTION U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE, Plaintiff, CASE NO.: 502007CA024481XXXXMB., vs. DIVISION: AW Tate eo ULISSES RIBERO DOS SANTOS , et al, Defendant(s). PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT CLUDING A HEARING TO TAX ATTORNEYS' FEES AND COSTS Plaintiff, U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE, files this Motion for Summary Judgment Including a Hearing to Tax Attorneys' Fees and Costs and says: 1 This Motion is filed pursuant to Fla. R. Civ. P. 1.510. The particular grounds on which the Plaintiff's Motion for Summary Judgment Including a Hearing to Tax Attorneys’ Fees and Costs is based are set forth below. 2. 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. 3. Defendants were duly and regularly served with process. 4. The Mortgage sued upon by Plaintiff constitutes a valid lien on the property sought to be foreclosed, is in default and is superior to any right, title, interest or claim of all Defendants and all persons or entities claiming, by through or under them. 5. On the basis of the above grounds, the Plaintiff is entitled to a Final Judgment as a matter of law. The FILE_NUMBER: F07063653 DOC_ID: M005300 Ant WIMsubstantial matters of law to be argued are as follows: (a) The interest of the owner of record for the property described herein is inferior and subordinate to the interest of Plaintiff. Jordan v. Sayre, 24 Fla. 1, 3 So. 329 (1888); i se, 46 So. 3 (Fla. 1908). (b) The lien of Plaintiff's mortgage takes priority over any other subsequent claims or liens attaching to the property through the mortgagors, their successors, assigns and tenants. Lee v. Slemons, 112 Fla. 675, 150 So. 792 (1933); Bullard v. Fender, 140 Fla. 448, 192 So. 167 (1939); County of Pinellas v. Clearwater Fed. Sav. & Assn, 214 So.2d 525 (Fla. 2d DCA 1968); Bancflorida v. Hayward, 689 So.2d 1052 (Fla. 1997). (c) As a matter of law the entire indebtedness secured by the mortgage held by Plaintiff is due and collectible. VanHuss v. Prudential Ins. Co. of America, 123 Fla. 20, 165 So. 896 (1936); Baader v. Walker, 153 So.2d 51 (Fla. 2d DCA), cert. denied, 156 So, 2d 858 (Fla. 1963); Harmony Homes, Inc. v.U.S., 936 F. Supp 907 (Fla. MD 1996). (d) As a matter of Jaw and pursuant to the mortgage instrument securing the mortgage note, Plaintiff is entitled to collect costs and attorney's fees incident to the collection of its indebtedness and any sums advanced to prevent the impairment of its security. Ritch v. Eichelberger, 13 Fla. 169 (1869-71); American Securities Co. v.Goldsberry, 69 Fla. 104, 67 So. 862 (1911); Raskin v. Otten, 273 So.2d 433 (Fla. 3rd DCA 1973); Reilly v. Barrera, 620 So. 2d 1116 (Fla. 5* DCA 1993). (e) Florida and other law related to notice, notes and mortgages, foreclosure, evidence, and substantive and procedural law regarding summary judgments. 6. The Note and Mortgage are in default. Moreover, Plaintiff owns and holds the Note and Mortgage and is entitled to recover its principal, interest, late charges, costs, attorney's fees, and other expenses, all of which are more fully set forth in the affidavits attached hereto and incorporated by reference herein as Composite Exhibit "A". 7. Attorney for Plaintiff will offer the original Note and the original Mortgage to the Court upon the hearing of this Motion. 8. The pleading and admissions of file, together with the Affidavits attached hereto and those which may be filed hereinafter, along with any and all depositions which may be hereinafter taken, if any, show that there are no genuine issues as to any material facts. Accordingly, Plaintiff is entitled to Final Summary Judgment as a matter of law upon its Complaint. WHEREFORE, Plaintiff prays for éntry of Final Summary Judgment in its favor against all Defendants forthe relief set forth in its Complaint. CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail to all parties listed on the attached service list on this os day of April, 2008. Florida Default Law Group, P.L. P.O. Box 25018 Tampa, Florida 33622-5018 (813) 251-4766 By: Nikolay Kolev FLORIDA BAR NO. 0028005 Brianna Finch FLORIDA BAR NO. 37467 GMAC-CONV-R-abiven-F07063653IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL ACTION U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE, Plaintiff, CASE NO.: 502007CA024481XXXXMB vs. DIVISION: AW ULISSES RIBERO DOS SANTOS, et al, Defendant(s). / AFFIDAVIT OF PLAINTIFF'S COUNSEL AS TO ATTORNEY'S FEES AND COSTS ON THIS DATE, before me, the undersigned authority, personally appeared Nikolay Kolev, who upon being, duly sworn, deposes and says as follows: 1 Iam over the age of 21 and have personal knowledge of the matters set forth herein. I am an attorney with the law firm of Florida Default Law Group, P.L. and represent our client in the above referenced foreclosure action. As an attorney with this firm, I am familiar with the services rendered and all costs and expenses incurred on behalf of our client in prosecuting this action. 2. This action is an uncontested residential mortgage foreclosure. In uncontested foreclosure actions, the attorney and paralegals will perform, at a minimum, the following legal services: A. Review Complaint, Summonses, Lis Pendens and Civil Cover Sheet; B. Review returns of service and prepare motions for default, where applicable; C. Where filed, review Answers and other pleadings; D. Review loan documents and correspondence; E. Review the motion for summary judgment, affidavit of indebtedness, affidavit in support of Plaintiff's claim for fees and costs, affidavit in support of reasonableness of attorney's fees, notice of FILE_NUMBER: F07063653 DOC_ID: M005402 AA Wenahearing, proposed final judgment, proposed notice of sale and final disposition form. F. Inthe event this matter proceeds to sale, additional time will be incurred in preparing the bid and ensuring that all requirements have been met to proceed to sale. 3. For all legal services performed in this uncontested residential foreclosure, Florida Default Law Group, P.L. has agreed to charge, and this client has agreed to pay, a flat rate of $1,200.00. This represents our fee agreement for prosecuting this type of loan in an uncontested residential foreclosure action. In the event the matter becomes contested, Florida Default Law Group, P.L. has agreed to charge, and this client has agreed to pay, an hourly fee up to $175.00 per hour for services related to the contested issues. In no event does Florida Default Law Group, P.L. seek to recover attorney's fees greater than the amount billed to and paid by this client. 4. Florida Default Law Group, P.L. does not create any specific timekeeping records reflecting the amount of time spent on an uncontested residential foreclosure due to this flat fee agreement and the administrative costs that would result. The flat fee agreement was determined by taking into account many factors including, but not limited to, the following: the time and labor reasonable expended by lawyers in the community handling uncontested residential foreclosures; the complexity of the foreclosure action, the experience of Florida Default Law Group, P.L. in handling these types of matters; the industry standard for this type of loan, which is the discounted amount that this firm and our client have agreed to as a reasonable flat fee for each individual foreclosure action given that our client will refer this firm similar type actions in the future; and current market conditions. 5. Jam also familiar with the costs and expenses that Florida Default Law Group, P.L. incurred on behalf of our client in this action. These costs and expenses are as follows: COSTS: A. Title Charges: $325.00 Title Search Fee $175.00 Title Examination Fee $150.00 B. Filing Fee 266.00 C. Investigation/Service of Process 385.00 (see attached invoice) TOTAL $976.006. The title search and exam cost includes amounts paid to third parties for data and information reviewed for title purposes. New House Title, L.L.C is the title company utilized to perform the title work on this foreclosure action. The owners of Florida Default Law Group, P.L. own New House Title, L.L.C. FURTHER AFFIANT SAYETH NOT. DATED this__o-S~ day of Ap : 2008. Florida Default Law Group, P.L. P.O. Box 25018 Tampa, Florida 33622-5018 (813) 251-4766 By: Nikolay Kolev FLORIDA BAR NO. 0028005 The foregoifig _instyument was sworn to and subscribed before me this A > day of , 2008, by Nikolay Kolev, who is personally known Ie. NOTARY PUBKICC, Staté of Florida My commission expires: L LY; L =f O ‘SHERI L. SATTERWHITE MY COMMISSION # DD 506117 EXPIRES: January 11, 2010 Bonded Thru Notary Public UnderwritersPROVEST 01/22/2008 4520 SEEDLING CIRCLE TAMPA, FL 33614-2400 CUSTOMER BILLING INFORMATION FLORIDA DEFAULT LAW GROUP, THE FILENUMBER: _F07063653 P.O. BOX 25018 MAIN DEFENDANT: ULISSES RIBERO DOS SANTOS, ET AL PLAINTIFF: US. BANK NATIONAL ASSOCIATION AS TRUSTEE ITAMPA, FL 33622-5018 aaa eee AMY BIVEN STATUS DATE DESCRIPTION TAX CHARGE TOTAL ULISSES RIBERO DOS SANTOS 12/28/2007 TRANSFERRED $0.00 $0.00 $0.00 12/28/2007 ATTEMPTING SERVICE - Ist Address $0.00 $45.00 $45.00 01/05/2008 SERVICE COMPLETE $0.00 $0.00 $0.00 THE UNKNOWN SPOUSE OF ULISSES RIBERO DOS SANTOS 12/28/2007 TRANSFERRED 0,00 $0.00 $0.00 1228/2007 ATTEMPTING SERVICE - Ist Address 30.00 $45.00 $45.00 01/05/2008 SERVICE COMPLETE $0.00 $0.00 $0.00 BROOKFIELD HOMEOWNERS ASSOCIATION INC 1228/2007 TRANSFERRED $0.00 50.00 $0.00 1228/2007 ATTEMPTING SERVICE - Ist Address $0.00 $45.00 $45.00 01/09/2008 SERVICE COMPLETE $0.00 $0.00 $0.00 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED, AS NOMINEE FOR FRANKLIN CREDIT MANAGEMENT CORPORATION 12/28/2007 TRANSFERRED $0.00 $0.00 $0.00 1228/2007 ISSUE $0.00 $0.00 $0.00 01/03/2008 ee eee ee eee $0.00 $160.00 $160.00 01/04/2008 SERVICE COMPLETE $0.00 0.00 $0.00 ‘TENANT #1 1272872007 TRANSFERRED $0.00 $0.00 $0.00 12/28/2007 ATTEMPTING SERVICE - Ist Address $0.00 $45.00 $45.00 01/05/2008 NON-SERVICE OWNER OCCUPIED $0.00 $0.00 $0.00 ‘TENANT #2 1228/2007 TRANSFERRED $0.00 0,00 $0.00 1228/2007 ATTEMPTING SERVICE - Ist Address $0.00 $45.00 $45.00 01/05/2008 NON-SERVICE OWNER OCCUPIED $0.00 $0.00 $0.00 SUBTOTAL: $365.00 TOTALEXTRACHARGES: $0.00 PREPAID: $0.00 TOTAL:IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL ACTION U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE, Plaintiff, CASE NO.: 502007CA024481XXXXMB vs. DIVISION: AW ULISSES RIBERO DOS SANTOS , et al, Defendant(s). / AFFIDAVIT ASTO AMOUNTS DUE AND OWING STATE or PA COUNTY OF MOM Gomory Jeffrey Stephan BEFORE ME this day personally appeared Limited Signing Officer ; (Affiant) who upon oath, deposes on personal knowledge and says: 1. This Affidavit is submitted in support of Plaintiff's Motion for Final Judgment for the purpose of showing: that there is no genuine issue as to any material fact, that Plaintiff is entitled to enforce the Note and Mortgage and Plaintiff is entitled to a judgment as a matter of law. 2. Iam LSO (title), of GMAC MORTGAGE, LLC. GMAC MORTGAGE, LLC is the servicer of the loan. GMAC MORTGAGE, LLC is responsible for the collection of this loan transaction and pursuit of any delinquency in payments. I am familiar with the books of account and have examined all books, records, and documents kept by GMAC MORTGAGE, LLC concerning the transactions alleged in the Complaint. All of these books, records and documents are kept by GMAC MORTGAGE, LLC in the regular course of its business as servicer of the loan transaction and are made at or near the time by, and from information transmitted by, persons with personal knowledge of the facts such as your Affiant. Itis the regular practice of GMAC MORTGAGE, LLC to make and keep these books, records, and documents. The books, records, and FILE_NUMBER: F07063653 DOC_ID: M001900 “F07063653* “W001900"‘documents which A ffiant has examined are managed by employees or agents whose duty it is to keep the books accurately and completely. Furthermore, A ffiant has personal knowledge of the matters contained in the books, records and documents kept by GMAC MORTGAGE, LLC. 3. Ihave personal knowledge of the facts contained in this affidavit. Specifically, I have personal knowledge of the facts regarding the sums of money which are due and owing to U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE pursuant to the Note and Mortgage which is the subject matter of the lawsuit, 4. Plaintiff, U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE, is owed the following sums of money as of 04/29/08: PRINCIPAL $432,358.11 INTEREST 22,466.31 PER DIEM OF $, ( 6.99% interest rate) PRE-ACCELERATION LATE CHARGES THROUGH December 12, 2007 PROPERTY INSPECTIONS BANKRUPTCY FEES & COSTS TAXES, INSURANCE BPO FEE TOTAL “FO7063653 146.21 37.50 110.00 $ 455,118.13- 5. U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE has employed the services of the law firm of Florida Default Law Group, P.L. in this action against the Defendant(s), and is obligated to pay Florida Default Law Group, P.L. a reasonable attorney's fee for its services, along with all costs and expenses of this action. In this uncontested foreclosure case, we have agreed to pay the law firm of Florida Default Law Group, P.L. a flat fee of $1,200.00. In the event the matter becomes contested, we have agreed to pay an hourly fee up to $175.00 per hour. FURTHER AFFIANT SA YETHNO’ Type NaméH; The foregoing instrument was sworn to and subscribed before me this z day of, 2008, by Limited Signing Officer F07063653-74406571112 GMAC-CONV-R-abiven Jeffrey Stephan , who is personally known to me. Type lee Ae: NOTARY PUBLIC, State of STATE OF My commission expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Aixa M. Torres, Notary Public Horsham Twp, Montgomery County My Commission Expires Aug, 3, 2010 Member Rennayivana Association of NotariesIN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT JIN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL ACTION U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE, Plaintiff, CASE NO.: 502007CA024481XXXXMB vs. DIVISION: AW ULISSES RIBERO DOS SANTOS, et al, Defendant(s). / AFFIDAVIT AS TO REASONABLE ATTORNEYS FEES STATE OF FLORIDA Ss COUNTY OF HILLSBOROUGH s BEFORE ME, the undersigned authority, personally appeared Erin Collins Cullaro, who upon first being duly swom on oath, deposes and says: . 1. Jam an attorney at law duly authorized to practice in the State of Florida. 2. Ihave been active in the practice of law in Florida since September 22, 1995, and I am personally familiar with the fees usually allowed Plaintiffs for the services of their attorneys in suits of the kind and nature in which this affidavit is to be filed. 3. J am familiar with Rule 4-1.5(b) of the Rules Regulating the Florida Bar, and have taken into consideration the factors set forth in such Rule for the determination of reasonable attorney's fees. 4. Tam also familiar with and have considered the dictates of the Florida Supreme Court in the case of Florida Patient's Compensation Fund vs. Rowe, 472 So.2d 1145 (Fla 1985) for the determination of reasonable attorney's fees. 7 5. In arriving at my opinion of the value of reasonable attomey's fees in this action, I have utilized and considered the following criteria: a. The time and labor required, the novelty, complexity and difficulty of the questions involved, and the skill requisite to perform the legal services properly. b. The likelihood that the acceptance of the particular employment will preclude other employment by the lawyer. : c. The fee or rate of fee customarily charged in the locality for'services of a comparable or similar nature. FILE_NUMBER: F07063653 DOC_ID: M002300 ine nrp The amount involved and the results obtained. e. The time limitations imposed by the client or by the circumstances. £ The nature and length of the professional relationship with the client. g. The experience, reputation and ability of the lawyer or lawyers performing the services. b. Whether the fee is fixed or contingent. 6. Florida Default Law Group, P-L. does not keep records of its time while it represents the Plaintiff pursuant to a flat fee arrangement; therefore, I have reviewed no specific time keeping records. 7. It is my opinion that a review of the actual foreclosure file of Florida Default Law Group, P.L. in this case would be unnecessary and futile event. In my opinion, the specific steps and requirements for filing and litigating a mortgage foreclosure action in the State of Florida dictate that under no circumstance could the fee charged by Florida Default Law Group, P.L. be unreasonable; therefore, I have not reviewed the actual file in this case. 8. Based upon my review as set forth, it is my opinion that a reasonable attomey's fee and paralegal fee is $1,450.00. FURTHER AFFIANT SAYETH NAUGHT. ing instrument was subscribed and 2008, by Erin Colli NOTARY PUBLIC, State of Florida My Commission Expires: FIDHOMECOMIN-CONV-R-abiven- F07063653Service List ULISSES RIBERO DOS SANTOS 6003 Glenbrook Drive Boca Raton, FL 33433 THE UNKNOWN SPOUSE OF ULISSES RIBERO DOS SANTOS 6003 Glenbrook Drive Boca Raton, FL 33433 BROOKFIELD HOMEOWNERS ASSOCIATION INC C/o Christopher, Stephen, R.a. 29 Se 5th St Boca Raton, FL 33432 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED, AS NOMINEE FOR, FRANKLIN CREDIT MANAGEMENT CORPORATION C/o Legal Department (mers), R.a. 1595 Spring Hill Road, Suite 310 Vienna, VA 22182