On February 13, 2020 a
Motion,Ex Parte
was filed
involving a dispute between
Florida Holdings Trust,
and
Hamilton County Florida,
Lucey, Eileen T,
for RP/MF-NONHOMESTEAD RESID $0-50,000
in the District Court of Hamilton County.
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Filing # ME E -Filed 02/13/2020 08:09:29 PM
IN THE CIRCUIT COURT, THIRD JUDICIAL CIRCUIT
IN AND FOR HAMILTON COUNTY, FLORIDA
FLORIDA HOLDINGS TRUST,
Plaintiff,
vs. CASE NO.: 19-57-CA
EILEEN T. LUCEY; HAMILTON COUNTY,
A POLITICAL SUBDIVISION OF THE
STATE OF FLORIDA; any and all unknown
parties claiming by, through, under, or against
the herein named individual Defendants 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; John Doe and Jane Doe as unknown
tenants in possession, et al.,
Defendants.
> a /
MOTION FOR SUMMARY FINAL JUDGMENT OF FORECLOSURE
Plaintiff, FLORIDA HOLDINGS TRUST, by and through its undersigned attorney, moves
this 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. Plaintiff filed its Complaint to Foreclose a Mortgage on real property located in Hamilton
County, Florida, the legal description of which is set forth in the Complaint.
2. The provisions of the Mortgage Note and Mortgage Deed 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
Electronically Filed Hamilton Case # 19000057CAAXMX 02/13/2020 08:09:29 PMto 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 Mortgage
Note and Mortgage Deed also provide for an award of attorney’s fees to Plaintiff in the
event of the filing of an action for foreclosure.
3. The pleadings and exhibits filed herein, as well as Plaintiff's affidavit in support hereof,
establish that Plaintiffs’ Mortgage Deed 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 aforesaid Defendants, is subordinate and inferior to the lien of Plaintiff's Mortgage
Deed. Sarmiento v. Stockton, Whatley, Davin & Co., 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 their Motion for Summary
Final Judgment of Foreclosure including an award of attorney’s fees and for such further relief as
the Court deems just and proper.
I HEREBY CERTIFY as a tegistered participant who uses the Florida Courts E-Filing
Portal, that Ihave filed and served a true and correct copy of the foregoing via the E-Filing Portal in
accordance with Rule 2.516, Florida Rules of Judicial Administration on this 13th day of February
2020.
ath V.Smeth.
PAUL V. SMITH, ESQ.
Florida Bar No.: 325910
148 SE Hillside Parkway
Lake City, FL 32025
Telephone: (386) 466-4354
Email: attorney.ps@outlook.com
ATTORNEY FOR PLAINTIFF
Document Filed Date
February 13, 2020
Case Filing Date
February 13, 2020
Category
RP/MF-NONHOMESTEAD RESID $0-50,000
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Filing # ME E -Filed 02/13/2020 08:09:29 PM IN THE CIRCUIT COURT, THIRD JUDICIAL CIRCUIT IN AND FOR HAMILTON COUNTY, FLORIDA FLORIDA HOLDINGS TRUST, Plaintiff, vs. CASE NO.: 19-57-CA EILEEN T. LUCEY; HAMILTON COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA; any and all unknown parties claiming by, through, under, or against the herein named individual Defendants 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; John Doe and Jane Doe as unknown tenants in possession, et al., Defendants. > a / MOTION FOR SUMMARY FINAL JUDGMENT OF FORECLOSURE Plaintiff, FLORIDA HOLDINGS TRUST, by and through its undersigned attorney, moves this 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. Plaintiff filed its Complaint to Foreclose a Mortgage on real property located in Hamilton County, Florida, the legal description of which is set forth in the Complaint. 2. The provisions of the Mortgage Note and Mortgage Deed 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 Electronically Filed Hamilton Case # 19000057CAAXMX 02/13/2020 08:09:29 PMto 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 Mortgage Note and Mortgage Deed also provide for an award of attorney’s fees to Plaintiff in the event of the filing of an action for foreclosure. 3. The pleadings and exhibits filed herein, as well as Plaintiff's affidavit in support hereof, establish that Plaintiffs’ Mortgage Deed 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 aforesaid Defendants, is subordinate and inferior to the lien of Plaintiff's Mortgage Deed. Sarmiento v. Stockton, Whatley, Davin & Co., 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 their Motion for Summary Final Judgment of Foreclosure including an award of attorney’s fees and for such further relief as the Court deems just and proper. I HEREBY CERTIFY as a tegistered participant who uses the Florida Courts E-Filing Portal, that Ihave filed and served a true and correct copy of the foregoing via the E-Filing Portal in accordance with Rule 2.516, Florida Rules of Judicial Administration on this 13th day of February 2020. ath V.Smeth. PAUL V. SMITH, ESQ. Florida Bar No.: 325910 148 SE Hillside Parkway Lake City, FL 32025 Telephone: (386) 466-4354 Email: attorney.ps@outlook.com ATTORNEY FOR PLAINTIFF