Preview
a
Ww
IN THE CIRCUIT COURT OF THE 15TH FOR CLERK’S USE ONLY
JUDICIAL CIRCUIT, IN AND FOR
PALM BEACH COUNTY, FLORIDA
CIVIL DIVISION
CASE NO. 50-2007-CA-024490-XXXX-MB
SOL007 cAOAYYTO X4b¥ 1B Law
HSBC BANK USA, NATIONAL ASSOCIATION, AS
INDENTURE TRUSTEE FOR THE REGISTERED
NOTEHOLDERS OF RENAISSANCE HOME EQUITY
LOAN TRUST 2006-4.
Plaintiff, 2
vs. .
MARIA MORI; UNKNOWN SPOUSE OF MARIA MORI;
UNKNOWN PERSON(S) IN POSSESSION OF THE
SUBJECT PROPERTY; PARKSIDE TOWNHOMES
HOMEOWNERS' ASSOCIATION, INC.;
Defendants.
FINAL JUDGMENT OF MORTGAGE FORECLOSURE
AND RE-ESTABLISHING LOST LOAN DOCUMENTS
THIS ACTION was heard before the Court. On the evidence presented, IT IS ADJUDGED that:
1. There is due and owing to Plaintiff:
A. As unpaid principal of the indebtedness
agreed to be paid in the mortgage herein
foreclosed and the note secured thereby $269,564.38
B. Interest through 08/06/09 43,957.67
C. Property Inspections 73.50
D. Hazard Insurance 5,360.77
E. BPO 321.00
F. Advances 30.21
G. Pre-Acceleration Late Charges 403.32
H. Publication Cost 281.99
I. TitleSearch - 450.00
J. Clerk’s filing fee 261.60
K. Service of process 346.00
SUBTOTAL $321,050.44
Attorney's fees $ 1,200.00
TOTAL $322,250.44
OCN 103231510
07-15640
CFN 20090276390, OR BK 23388 PG 161,RECORDED 08/12/2009 16:52:43
Sharon R. Bock,CLERK & COMPTROLLER, Palm Beach County, NUM OF PAGES 5that shall bear interest at the statutory rate of eight percent (8%). Plaintiff shall also recover such further costs as
may be incurred by the Plaintiff in this action, including, but not limited to, the sale fee and publication of the Notice
of Sale, and any advances made by the Plaintiff subsequent to the date specified in item C of this paragraph which
are proper under the terms of the note and mortgage foreclosed herein.
2. The Court finds that service of process was properly effected on each of the Defendants.
Plaintiff holds a lien for the total sum superior to any claim or estate of MARIA MORI; GNKNOWN-SPOUSE OF — (Mr: ‘Y)
-MARIAMORT; UNKNOWN PERSON(S) IN POSSESSION OF THE SUBJECT PROPERTY; PARKSIDE
TOWNHOMES HOMEOWNERS' ASSOCIATION, INC.; on the following property in PALM BEACH County,
Florida:
LOT 17, BLOCK 11, QUANTUM PARK TOWNHOMES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 98, PAGE(S) 126, OF THE PUBLIC RECORDS.
OF PALM BEACH COUNTY, FLORIDA.
a/k/a 2889 GREEN LEAF CIRCLE, BOYNTON BEACH, FLORIDA 33426-
3. If the total sum set forth in paragraph I with interest at the interest rate prescribed by law and all
costs of this action and proper advances pursuant to paragraph | accruing subsequent to this judgment are not paid,
the Clerk of this Court shall sell the property at public sale onSeplémbae 2009, at 10:00 a.m., to
the highest bidder for cash, except as set forth hereinafter, IN ROOM 1.2406 (DINING ROOM) ON THE FIRST
FLOOR OF THE JUDICIAL CENTER, AT 205 NORTH DIXIE HIGHWAY, WEST PALM BEACH IN PALM
BEACH COUNTY, FLORIDA, in accordance with Section 45.031, Florida Statutes. Provided, however, that such
sale shall not be held in the absence of plaintiff's attorney or other representative. If a sale does occur, in the
absence of a representative of the Plaintiff, the sale shall be null and void and no documents shall be issued by the
Clerk, except to inform this Court of what may have occurred.
4. Plaintiff shall advance all subsequent costs of this action and shall be reimbursed for them by the
Clerk if Plaintiff is not the purchaser of the property at the sale. If Plaintiff is the purchaser, the Clerk shall credit
Plaintiff's bid with the total sum with interest and costs accruing subsequent to this judgment or such part of it as is
necessary to pay the bid in full. If prior to the sale, Plaintiff shall be required to advance any monies pursuant to the
provisions hereof, then Plaintiff or its attorneys shall so certify to the Clerk of this Court, and the amount due to
Plaintiff as set forth in paragraphs | hereof shall be increased by the amount of such advances without further order
of the Court. If Plaintiff is successful bidder at the sale, Plaintiff's rights as such may be assigned to a third party
OCN 103231510
07-15640
‘GFN 20090276380 BOOK 28888 PAGE 162, 20F 5and, in that event, the Clerk of this Court is hereby ordered and directed to issue the Certificate of Title to Plaintiffs
assignee upon application of Plaintiff and without further Order of this Court.
5. On filing the Certificate of Title the Clerk shall distribute the proceeds of the sale, so far as they
are sufficient, by paying: first, all of Plaintiff's costs; second, documentary stamps affixed to the certificate unless
Plaintiff is not successful bidder in which event the successful bidder shall pay the cost of said documentary stamps
in addition to the amount bid; third, Plaintiff's attorneys’ fees; fourth, the total sum due to Plaintiff less the items paid
plus interest at the rate set forth in paragraph | hereof from this date to the date of the sale. All sums to be disbursed
to Plaintiff shall be made payable to Plaintiff's Attomey, Kahane & Associates, P.A. Trust Account and mailed to
8201 Peters Road, Suite 3000, Plantation, FL 33324; and by retaining any amount remaining pending the further
order of this Court..
6. Upon issuance of the Certificate of Sale by the Clerk of the Court, the Defendants and all persons
claiming under or against them since the filing of the notice of Lis Pendens are foreclosed of all estate or claim in
the property.
7. The successful bidder, their heirs, representatives, successors or assigns, shall be placed in
possession of the above described premises upon Ee eh of the Certificate of Title the Clerk of Courts is
hereby directed to issue a Writ of Peseta for the premises located at 2889 GREEN LEAF CIRCLE, BOYNTON
BEACH, FLORIDA 33426-.
8. The court finds, based upon Florida Law, the affidavits filed herein, inquiry of counsel for the
Plaintiff, and upon consideration of the legal services rendered, the complexity of the matter, the amount of time and
labor reasonably expended by lawyers in the community prosecuting routine mortgage foreclosure actions and the
flat fee agreement between counsel and Plaintiff, that the flat fee sought by Kahane & Associates, P.A. is reasonable
and awards a flat fee of One Thousand Two Hundred Dollars and No Cents ($1,200.00).
9. Jurisdiction of this action is retained to enter further orders as are proper including, without
limitation, deficiency judgments.
10. The note and mortgage attached to plaintiff's complaint are hereby re-established. Plaintiff holds
Defendant(s), MARIA MORI harmless from any and all claims arising from the re-establishment of the lost note
and mortgage.
OCN 103231510
07-15640
‘GFN 20090276380 BOOK 28888 PAGE 168, 3 OF 5NOTICE PURSUANT TO AMENDMENT TO SECTION, 45.031, FLA. ST. (2006)
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
PURUSANT TO THE 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 NO LATER THAN SIXTY (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, 205 NORTH DIXIE
HIGHWAY, SUITE 3.2300, WEST PALM BEACH, FLORIDA 33401 (TELEPHONE: (561) 355-2986),
WITHIN(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, PREFERABLEY 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
LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC., 423 FERN STREET, SUITE 200, WEST PALM
BEACH, FL 33401 PHONE: 561-655-8944, 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 THE PALM
BEACH COUNTY BAR ASSOCIATION LEGAL AID SOCIETY, YOU SHOULD DO SO AS SOON AS.
POSSIBLE AFTER RECEIPT OF THIS NOTICE.
The Court retains jurisdiction of this action to enter further orders that are proper including, without limitations,
writs of possession and deficiency judgments.
DONE AND ORDERED in Chambers at West Palm Beach, PALM BEACH County, Florida, this 2
day of Jor 2009.
rvs IT JUDGE
Copies furnished to the parties listed on the attached service list:
OCN 103231510
07-15640
‘GFN 20090276390 BOOK 25868 PAGE 164, 4 OF 5Summary Final Judgment
. Case No. 50-2007-CA-024490-XXXX-MB
Kahane & Associates, P.A.
8201 Peters Road, Ste.3000
Plantation, FL 33324
Telephone: (954) 382-3486
Telefacsimile: (954) 382-5380
MARIA MORI
NORMAN KAPLAN
111 GREAT NECK ROAD
GREAT NECK, NEW YORK 11021
UNKNOWN SPOUSE OF MARIA MORI NKA UNKNOWN SPOUSE OF MARIA MORI N/K/A RONNIE
MORI
NORMAN KAPLAN
111 GREAT NECK ROAD
GREAT NECK, NEW YORK 11021
UNKNOWN PERSON(S) IN POSSESSION OF THE SUBJECT PROPERTY
2889 GREEN LEAF CIRCLE
BOYNTON BEACH, FLORIDA 33426
PARKSIDE TOWNHOMES HOMEOWNERS' ASSOCIATION, INC.
c/o V. CLAIRE WYANT-CORTEZ, ESQ.
860 US HIGHWAY ONE, SUITE 108
NORTH PALM BEACH, FLORIDA 33408
OCN 103231510
07-15640
(FN 20080276390 BOOK 23388 PAGE 165, 5 OF 5
Preview
a Ww IN THE CIRCUIT COURT OF THE 15TH FOR CLERK’S USE ONLY JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL DIVISION CASE NO. 50-2007-CA-024490-XXXX-MB SOL007 cAOAYYTO X4b¥ 1B Law HSBC BANK USA, NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE FOR THE REGISTERED NOTEHOLDERS OF RENAISSANCE HOME EQUITY LOAN TRUST 2006-4. Plaintiff, 2 vs. . MARIA MORI; UNKNOWN SPOUSE OF MARIA MORI; UNKNOWN PERSON(S) IN POSSESSION OF THE SUBJECT PROPERTY; PARKSIDE TOWNHOMES HOMEOWNERS' ASSOCIATION, INC.; Defendants. FINAL JUDGMENT OF MORTGAGE FORECLOSURE AND RE-ESTABLISHING LOST LOAN DOCUMENTS THIS ACTION was heard before the Court. On the evidence presented, IT IS ADJUDGED that: 1. There is due and owing to Plaintiff: A. As unpaid principal of the indebtedness agreed to be paid in the mortgage herein foreclosed and the note secured thereby $269,564.38 B. Interest through 08/06/09 43,957.67 C. Property Inspections 73.50 D. Hazard Insurance 5,360.77 E. BPO 321.00 F. Advances 30.21 G. Pre-Acceleration Late Charges 403.32 H. Publication Cost 281.99 I. TitleSearch - 450.00 J. Clerk’s filing fee 261.60 K. Service of process 346.00 SUBTOTAL $321,050.44 Attorney's fees $ 1,200.00 TOTAL $322,250.44 OCN 103231510 07-15640 CFN 20090276390, OR BK 23388 PG 161,RECORDED 08/12/2009 16:52:43 Sharon R. Bock,CLERK & COMPTROLLER, Palm Beach County, NUM OF PAGES 5that shall bear interest at the statutory rate of eight percent (8%). Plaintiff shall also recover such further costs as may be incurred by the Plaintiff in this action, including, but not limited to, the sale fee and publication of the Notice of Sale, and any advances made by the Plaintiff subsequent to the date specified in item C of this paragraph which are proper under the terms of the note and mortgage foreclosed herein. 2. The Court finds that service of process was properly effected on each of the Defendants. Plaintiff holds a lien for the total sum superior to any claim or estate of MARIA MORI; GNKNOWN-SPOUSE OF — (Mr: ‘Y) -MARIAMORT; UNKNOWN PERSON(S) IN POSSESSION OF THE SUBJECT PROPERTY; PARKSIDE TOWNHOMES HOMEOWNERS' ASSOCIATION, INC.; on the following property in PALM BEACH County, Florida: LOT 17, BLOCK 11, QUANTUM PARK TOWNHOMES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 98, PAGE(S) 126, OF THE PUBLIC RECORDS. OF PALM BEACH COUNTY, FLORIDA. a/k/a 2889 GREEN LEAF CIRCLE, BOYNTON BEACH, FLORIDA 33426- 3. If the total sum set forth in paragraph I with interest at the interest rate prescribed by law and all costs of this action and proper advances pursuant to paragraph | accruing subsequent to this judgment are not paid, the Clerk of this Court shall sell the property at public sale onSeplémbae 2009, at 10:00 a.m., to the highest bidder for cash, except as set forth hereinafter, IN ROOM 1.2406 (DINING ROOM) ON THE FIRST FLOOR OF THE JUDICIAL CENTER, AT 205 NORTH DIXIE HIGHWAY, WEST PALM BEACH IN PALM BEACH COUNTY, FLORIDA, in accordance with Section 45.031, Florida Statutes. Provided, however, that such sale shall not be held in the absence of plaintiff's attorney or other representative. If a sale does occur, in the absence of a representative of the Plaintiff, the sale shall be null and void and no documents shall be issued by the Clerk, except to inform this Court of what may have occurred. 4. Plaintiff shall advance all subsequent costs of this action and shall be reimbursed for them by the Clerk if Plaintiff is not the purchaser of the property at the sale. If Plaintiff is the purchaser, the Clerk shall credit Plaintiff's bid with the total sum with interest and costs accruing subsequent to this judgment or such part of it as is necessary to pay the bid in full. If prior to the sale, Plaintiff shall be required to advance any monies pursuant to the provisions hereof, then Plaintiff or its attorneys shall so certify to the Clerk of this Court, and the amount due to Plaintiff as set forth in paragraphs | hereof shall be increased by the amount of such advances without further order of the Court. If Plaintiff is successful bidder at the sale, Plaintiff's rights as such may be assigned to a third party OCN 103231510 07-15640 ‘GFN 20090276380 BOOK 28888 PAGE 162, 20F 5and, in that event, the Clerk of this Court is hereby ordered and directed to issue the Certificate of Title to Plaintiffs assignee upon application of Plaintiff and without further Order of this Court. 5. On filing the Certificate of Title the Clerk shall distribute the proceeds of the sale, so far as they are sufficient, by paying: first, all of Plaintiff's costs; second, documentary stamps affixed to the certificate unless Plaintiff is not successful bidder in which event the successful bidder shall pay the cost of said documentary stamps in addition to the amount bid; third, Plaintiff's attorneys’ fees; fourth, the total sum due to Plaintiff less the items paid plus interest at the rate set forth in paragraph | hereof from this date to the date of the sale. All sums to be disbursed to Plaintiff shall be made payable to Plaintiff's Attomey, Kahane & Associates, P.A. Trust Account and mailed to 8201 Peters Road, Suite 3000, Plantation, FL 33324; and by retaining any amount remaining pending the further order of this Court.. 6. Upon issuance of the Certificate of Sale by the Clerk of the Court, the Defendants and all persons claiming under or against them since the filing of the notice of Lis Pendens are foreclosed of all estate or claim in the property. 7. The successful bidder, their heirs, representatives, successors or assigns, shall be placed in possession of the above described premises upon Ee eh of the Certificate of Title the Clerk of Courts is hereby directed to issue a Writ of Peseta for the premises located at 2889 GREEN LEAF CIRCLE, BOYNTON BEACH, FLORIDA 33426-. 8. The court finds, based upon Florida Law, the affidavits filed herein, inquiry of counsel for the Plaintiff, and upon consideration of the legal services rendered, the complexity of the matter, the amount of time and labor reasonably expended by lawyers in the community prosecuting routine mortgage foreclosure actions and the flat fee agreement between counsel and Plaintiff, that the flat fee sought by Kahane & Associates, P.A. is reasonable and awards a flat fee of One Thousand Two Hundred Dollars and No Cents ($1,200.00). 9. Jurisdiction of this action is retained to enter further orders as are proper including, without limitation, deficiency judgments. 10. The note and mortgage attached to plaintiff's complaint are hereby re-established. Plaintiff holds Defendant(s), MARIA MORI harmless from any and all claims arising from the re-establishment of the lost note and mortgage. OCN 103231510 07-15640 ‘GFN 20090276380 BOOK 28888 PAGE 168, 3 OF 5NOTICE PURSUANT TO AMENDMENT TO SECTION, 45.031, FLA. ST. (2006) 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 PURUSANT TO THE 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 NO LATER THAN SIXTY (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, 205 NORTH DIXIE HIGHWAY, SUITE 3.2300, WEST PALM BEACH, FLORIDA 33401 (TELEPHONE: (561) 355-2986), WITHIN(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, PREFERABLEY 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 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC., 423 FERN STREET, SUITE 200, WEST PALM BEACH, FL 33401 PHONE: 561-655-8944, 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 THE PALM BEACH COUNTY BAR ASSOCIATION LEGAL AID SOCIETY, YOU SHOULD DO SO AS SOON AS. POSSIBLE AFTER RECEIPT OF THIS NOTICE. The Court retains jurisdiction of this action to enter further orders that are proper including, without limitations, writs of possession and deficiency judgments. DONE AND ORDERED in Chambers at West Palm Beach, PALM BEACH County, Florida, this 2 day of Jor 2009. rvs IT JUDGE Copies furnished to the parties listed on the attached service list: OCN 103231510 07-15640 ‘GFN 20090276390 BOOK 25868 PAGE 164, 4 OF 5Summary Final Judgment . Case No. 50-2007-CA-024490-XXXX-MB Kahane & Associates, P.A. 8201 Peters Road, Ste.3000 Plantation, FL 33324 Telephone: (954) 382-3486 Telefacsimile: (954) 382-5380 MARIA MORI NORMAN KAPLAN 111 GREAT NECK ROAD GREAT NECK, NEW YORK 11021 UNKNOWN SPOUSE OF MARIA MORI NKA UNKNOWN SPOUSE OF MARIA MORI N/K/A RONNIE MORI NORMAN KAPLAN 111 GREAT NECK ROAD GREAT NECK, NEW YORK 11021 UNKNOWN PERSON(S) IN POSSESSION OF THE SUBJECT PROPERTY 2889 GREEN LEAF CIRCLE BOYNTON BEACH, FLORIDA 33426 PARKSIDE TOWNHOMES HOMEOWNERS' ASSOCIATION, INC. c/o V. CLAIRE WYANT-CORTEZ, ESQ. 860 US HIGHWAY ONE, SUITE 108 NORTH PALM BEACH, FLORIDA 33408 OCN 103231510 07-15640 (FN 20080276390 BOOK 23388 PAGE 165, 5 OF 5