Preview
Filing # 11845412 Electronically Filed 03/27/2014 04:21:58 PM
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO, CACE12004330
Space Coast Credit Union, as servicer
For Federal Home Loan Bank of Atlanta,
Plaintiff,
vs.
Sharon E. Scott, et al.
Defendant(s).
/
MOTION TO RESET FORECLOSURE SALE
Plaintiff, SPACE COAST CREDIT UNION (“Space Coast”), as servicer for Federal Home
Loan Bank of Atlanta, by and through undersigned counsel, hereby moves to reset the foreclosure
sale in this action, and as grounds states:
L. On March 27, 2013, Space Coast obtained a Final Judgment of Foreclosure (the
“Final Judgment”) with a foreclosure sale scheduled for August 27, 2013 (the “Foreclosure
Sale”). A true copy of the Final Judgment is attached hereto as Exhibit “A.”
2. On August 15, 2013, upon motion by the Defendant, SHARON E. SCOTT
(“Defendant”), the Court cancelled the Foreclosure Sale set for August 27, 2013.
3, On October 4, 2013, upon motion by Space Coast, the Court reset the Foreclosure
Sale for February 4, 2014.
3. On January 31, 2014, Defendant filed for relief under Chapter 7, Title 11 of the U.S.
Bankruptcy Code in the U.S, Bankruptcy Court, Southern District of Florida (Case No. 14-12373-
JKO), which stayed all further proceedings and resulted in cancellation of the Foreclosure Sale.
ASR/729
$/032614-SC-Scott Sharon-Min to Reset
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 3/27/2014 4:21:58 PM.****3. On March 10, 2014, Plaintiff obtained relief from the automatic stay in the
bankruptcy proceedings. A true copy of the Order Granting Relief from Stay is attached hereto as
Exhibit “B.”
4, Therefore, as the stay has been lifted pursuant to 11 U.S.C. § 362(d), Space Coast
respectfully requests that the Court reset the Foreclosure Sale in this case pursuant to the Final
Judgment for the next available date.
WHEREFORE, Space Coast Credit Union respectfully requests that the Court enter an
Order resetting the Foreclosure Sale for the next available date, and for such other and further relief
as the Court deems just and proper.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing was served via e-mail to
those parties required to receive e-mail service pursuant to Fla. R. Jud. Admin. 2.516, or by U.S.
Mail on this +)" day of March, 2014 to all parties, in the manner specified, on the attached Service
List.
BLAXBERG, GRAYSON, KUKOFF & TWOMBLY, P.A.
Attorneys for Space Coast Credit Union
25 Southeast Second Avenue, Suite 730
Miami, Florida 33131
Phone: (305) 381-7979 x 317
Fax: (305) 371-6816
Primary e-mail: SCCU-FHLB@blaxgray.com
Secondary e-mail: Is Cs @blaxgray.com
hp
/
By: Lo Ae aan
Alexis'S, Read, Esq.
Fla. Bar No.: 98084
ASR/729
§:/032614-SC-Scott Sharon-Min to ResetSERVICE OF COURT DOCUMENT - CASE NO: CASE NO, CACE12004330
Court: In the Circuit Court in and for the 17" Judicial Circuit in and for Broward County,
Florida
Style of Case: Space Coast Credit Union v. Sharon E. Scott, et al.
Document(s) Attached: (1) Motion to Reset Foreclosure Sale; (2) Notice of Hearing; and (3)
Notice of Filing Bankruptcy Order
MAILING LIST AND DESIGNATION OF PRIMARY AND SECONDARY EMAIL
ADDRESSES.
redit Union designates the following Email Addresses
rimary Email: SCCU-FHLB@blaxgray.com
Secondary Email: Isabel.Colleran@blaxgray.com
SERVICE LIST
Sent via E-mail to the following: SCCU-FHLB@blaxgray.com;
malcolm@mehrealproperty.com: mail@MEHRealproperty.com
Malcolm E. Harrison, Esq.
12230 Forest Hill Blvd., Suite 110R
Wellington, FL 33414
E-mail; malcolm@mehrealproperty.com
mail@MEHRealproperty.com
Attorney for Sharon E. Scott
Sent via US Mail to the following:
Franklin Farms Homeowner’s Association
c/o Denise 1. Glaser
9421 Belaire Drive
Miramar, FL 33025CEN # 111445864, OR BK 49672 PG 1012, Page 1 of 6, Recorded 04/05/2013 at 03:39
PM, Broward County Commission, Deputy Clerk 3505
6
vo
|?
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO. CACE12004330
«
SPACE COAST CREDIT UNION, as Servicer i
for Federal Home Loan Bank of Atlanta, iG
Plaintiff,
vs.
SHARON F, SCOTT et al, :
Defendant(s).
SUMMARY FINAL JUDGMENT OF FORECLOSURE
i ‘HHIS GAUSE eame-beforerthe Coort.on March 27; 2013; nc Paint
ane y | rh , BPC! t
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Unlohi's Motiop Ie Sum
haying vevicwede ie;
\ alia J uy [-\ he yA '
L This Court has jurisdiction over the parties and the subject matter,
at
WAG
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uct having heatd argumieht’ of courigel,
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2. There is no genuine issue as to any material fact in this cause and the Plaintiff is
entitled to summary final judgment pursuant to law for the claims set forth in its Complaint
Accordingly, it is,
ORDERED AND ADJUDGED that
1. ‘The Plaintii's Motion for Summary Final Judgment is GRANTED. Service of
process has been duly and regularly obtained over Sharon E. Scott, Space Coast Credit Union fk.
Easter Financial Credit Union, and Franklin Farms Homeowners Association, Inc., Defendants.
2. Upon Count I (Suit on Promissory Note) of the Complaint, Space Coast Credit
Union shall recover from Defendants Sharon E. Scott, Space Coast Credit Union fik.a Eastern
Financial Credit Union, and Franklin Farms Homeowners Association, Inc,, jointly and severally,
as primary abligors, the following sums (hereafter referred to as the “Total Owed"):CEN # 111445864, OR BK 49672 PG 1013, Page 2 of 6
Principal due on the note secured by the mortgage Foreclosed 41,453.16
Interest on the note and mortgage through September 1, 2012 $51,790.92
Per diem interest accrues at $39,69093 from 09/02/2012 to 03/27/13 $8,216.02
Escrow balance - owed $19,587.74
Pre-acceleration late charges $2,056.60
SUBTOTAL $323,104.44
Court Costs:
Title Search Fee $175.00
Court Filing Fee $1,906.00
Recording of Lis Pendens $6.00
Issuance Summons
Service of Process
Post
Fotocipies|
fourt op Inge Parkin
‘yh sFiday i
“TOTAL ownp" $329,339.29
The Total Owed amount referenced in Paragraph 2 shall bear interest from this date
forward at the prevailing legal rate of interest. This judgment shall bear interest at the rate of 4.75%
per annum as adjusted pursuant to Fla. Stat. § 55.03.
4, Upon Count I of the Complaint, Space Coast Credit Union is due under the Note,
Morigage, and the Security Agreement sued upon in this action, the "Total Owed" (ie.
$329,339.29)
a Space Coast Credit Union, whose address is 8045 N Wickham Rd.
Melbourne, FL 32941 holds a lien for the Total owed sum specified in Paragraph 2 herein. The lien
of the Plaintiff is superior in dignity to any right, title, interest or claim of the Defendants and all
persons, corporations, or other entities 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, with the exception ofCFN # 111445864, OR BK 49672 PG 1014, Page 3 of 6
any assessments that are superior pursuant to Florida Statutes, Section 718.116. The Plaintiff's lien
encumbers the subject property located in Broward County, Florida and described as:
Lot 12, Block 7, TURTLE BAY SECTION ONE, according to the Plat thereof, as recorded in Plat Book 110,
at Page 37, of the Public Records of Broward County, Florida.
Property address: 2311 Dunhill Avenue, Miramar, FL 33025.
b. If the Total Owed with interest at the rate prescribed in paragraph 3 and all
costs of this action accruing subsequent to this judgment are not forthwith paid to Plaintiff Space
Union, the Clerk of the Court shall scll the property at a public sale on
at 10:00 am, to the highest bidder for cash at
‘ “Nt ; mA AT
E . Stat abso), A\ I aN
we JENIN
Hsoduent Gosts \ this aétion and baer ‘be!
SLE
raf the fronany
\ |
atte
za
/ i
Diane is the purchaser, “he oan ‘shal redit 2 brim bid Uy the Ta Sut plus inter
thereon; and (2) all costs accruing subsequent to this judgment or such part of it as is necessary’ to
pay the bid in full. ‘The Clerk shall receive the service charge imposed in Section 45.031, Florida
Statutes, for services in making, recording, and certifying the sale and title that shall be a
costs.
d. 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 Plaintiff's costs; second, documentary stamps
affixed to the Certificate of Title; third, Plaintiff's attorneys! fees; fourth, the Total Sum due to
escribed by law trom this date to the date of
Plaintiff less the items paid, plus interest at the rate pr
the sale; and by retaining any amount remaining pending the further order of this Court, During the
sixty (60) days after the Clerk issues the Certificate of Disbursements, the Clerk shall hold the
surplus pending further Order of this CourtCFN # 111445864, OR BK 49672 PG 1015, Page 4 of 6
¢, On filing of the Certificate of Sale, Defendant’s right of redemption as
prescribed by Florida Statutes, Section 45,0315 shall be terminated
On filing the Certificate of Title, the said Defendants and all persons
claiming by, through, under or against them since the filing of the Notice of Lis Pendens are forever
barred and foreclosed of any and all estate, equity, claim or right of redemption in and to the
mortgaged property and the purchaser at the sale shall be let into possession of the property, The
Clerk of the Court is hereby horized to issue forthwith, and the Sheriff io serve. a writ of
possession for the property without further order of the Court, upon application by the Plaintiff:
ona a
CS hats
“ Imitation, we
mor this ie Ont isvetained | ae net fyrther re
=i
/ \
toyy | :
Pssst al “pki Noe [f ZAIN!
y 2
‘a fe BM Cau Cou fins (bided ion Ari athe its proses ‘ao visu gg oP sdl/
‘ee ie Plai fable, thht bot 10 hours¥ werd reakdn fly’ ‘ehpendel by phaaate couse (ancl that an hourly
COUNSEL REPRE! TS THAT THE
rate of $165.00 per hour is appropriate, PLAINTIF
ATTORNEY FEE AWARDED DO NOT EXCEED ITS CONTRACT FRE WITH THI
PLAINTIFF, ‘The Court finds that there are no reasons for either reduetion or enhancement
pursuant to Florida Patient's Compensation Fund vs, Rowe, 472 So. 1145 (Fla, 1985) and the Court
therefore has awarded reasonable attorney's fees of $3,646.50.
7, 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 FI
JUDGMENT.
8. IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO
FUNDS REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERKCFN # 111445864, OR BK 49672 PG 1016, Page 5 of 6
NO LATER THAN 60 DAYS AFTER THE SALE. HH’ YOU FAIL. TO FILE A CLAIM, YOU
WILL NOT BE ENTITLED TO ANY REMAINING FUNDS
EA IF YOU ARF. 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. BROWARD COUNTY,
T, FORT LAUDERDALE, FLORIDA (TELEPHONE: (954) 831-6565).
‘ i P THERE IS ADDITIONAL, Me
(Coys iN
: SERRAAS IN af PRE dgrevoeh
201 SE SIXTH STRE.
Days. ArT fhe E SALI
YY
eae Fag)
FROM THE RORIE!
Ce || fe {{
S-folLl oe wou pectprt6 spl
mo \ AM A pee
YouR HOME OR HIRE SOMEONE TO HELP
x
YOU CLAIM THE ADDITIONAL MONEY, YOU SHOULD READ VERY CAREFULLY
RABLY AN
ALL PAPERS YOU ARE REQUIRED TO SIGN, ASK SOMEONE ELSE, PR!
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 COAST TO COAST LEGAL AID FOR SOUTH
FLORIDA, INC, 491 NORTH STATE ROAD 7, PLANTATION. FLORIDA 33317 (954) 736-
2400 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
SST OTHER OPTIONS. IF YOU CHOOSE TO COAST TO.
REFERRAL AGENCY OR SUGGICEN # 111445864, OR BK 49672 PG 1017, Page 6 of 6
COAST LEGAL AID FOR SOUTH FLORIDA, INC. 491 NORTH STATE ROAD 7.
PLANTATION, PLORIDA 33317 (954) 736-2400 FOR ASSISTANCE, YOU SHOULD DO
SO AS SOON AS POSSIBLE
DQN AND ORDERED in Chambers at Fr.
ov “22013
FTER RECEIPT OF THIS NOTICE.
Lauderdale, Broward County, Florida on
CIRCUIT Ci
Copies furnished to all counsel/parties of record
9421 mabe
t
Miramar] FL 33
ares 4
StH Blvd. Suite 11 9)
nj FL my iA
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Pa
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Eastern Financial Plorida cs
a \ Mpibes Gray: id / RIN
4 Blaxberg, Grdygon, Kukdit &) Twombly, PA.
8025°N/Wickham|Road |) \o-7// lorneys for\ PletintifK Space Chast Crd.
| Melbourne, FL 32940 Union
25 SE Second Ave,, Ste, 730 ;
L Miami, FL 33131 |Case 14-12373-JKO Doci1S Filed 02/11/14 Page 1 of 2
ORDERED in the Southern District of Florida on March 10, 2014.
Pula
John K. Olson, Judge
United States Bankruptcy Court
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF FLORIDA
FORT LAUDERDALE DIVISION
Inre: Case No. 14-12373-JKO
SHARON SCOTT Chapter 7
Debtor.
/
ORDER GRANTING SPACE COAST CREDIT UNION’S
MOTION FOR RELIEF FR STAY TO
ENFORCE FINAL JUDGMENT OF FORECLOSURE
THIS CAUSE came before the Court on Space Coast Credit Union’s (“Space Coast”)
Motion for Relief from Stay to Enforce Final Judgment of Foreclosure (the “Motion”) [D.E. 11],
filed on negative notice. The Court has acknowledged the Certificate of No Response and
Request for Entry of Order filed by Space Coast, considered the Motion and reviewed the record
in this case. Being otherwise fully advised in the premises, it is
ORDERED that:
L Space Coast’s Motion is GRANTED.Case 14-12373-JKO Doc15 Filed 03/11/14 Page 2 of 2
2. Accordingly, the automatic stay is modified to permit Space Coast to exercise all
in rem rights and remedies, including resuming mortgage foreclosure proceedings in state court,
with respect to the following real property (the “Property”):
LOT 12, BLOCK 7, TURTLE BAY SECTION ONE,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 110, AT PAGE 37, OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA.
Property Address: 2311 Dunhill Avenue, Miramar, FL 33025
3. The relief granted herein permits Space Coast to take in rem action against the
Property only, and does not permit the creditor to seek or obtain in personam relief against the
Debtor.
Submitted by:
Alexis S. Read, Esq
BLAXBERG, GRAYSON, KUKOFF & TWOMBLY, P.A.
Attorneys for Space Coast Credit Union
25 Southeast Second Avenue, Suite 730
Miami, Florida 33131
Phone: (305) 381-7979 x 317
Fax: (305) 371-6816
alexis.read@blaxgray.com
Attorney Alexis S. Read shall serve a copy of this Order on all interested parties and shail file a
Certificate of Service.
Preview
Filing # 11845412 Electronically Filed 03/27/2014 04:21:58 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO, CACE12004330 Space Coast Credit Union, as servicer For Federal Home Loan Bank of Atlanta, Plaintiff, vs. Sharon E. Scott, et al. Defendant(s). / MOTION TO RESET FORECLOSURE SALE Plaintiff, SPACE COAST CREDIT UNION (“Space Coast”), as servicer for Federal Home Loan Bank of Atlanta, by and through undersigned counsel, hereby moves to reset the foreclosure sale in this action, and as grounds states: L. On March 27, 2013, Space Coast obtained a Final Judgment of Foreclosure (the “Final Judgment”) with a foreclosure sale scheduled for August 27, 2013 (the “Foreclosure Sale”). A true copy of the Final Judgment is attached hereto as Exhibit “A.” 2. On August 15, 2013, upon motion by the Defendant, SHARON E. SCOTT (“Defendant”), the Court cancelled the Foreclosure Sale set for August 27, 2013. 3, On October 4, 2013, upon motion by Space Coast, the Court reset the Foreclosure Sale for February 4, 2014. 3. On January 31, 2014, Defendant filed for relief under Chapter 7, Title 11 of the U.S. Bankruptcy Code in the U.S, Bankruptcy Court, Southern District of Florida (Case No. 14-12373- JKO), which stayed all further proceedings and resulted in cancellation of the Foreclosure Sale. ASR/729 $/032614-SC-Scott Sharon-Min to Reset *** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 3/27/2014 4:21:58 PM.****3. On March 10, 2014, Plaintiff obtained relief from the automatic stay in the bankruptcy proceedings. A true copy of the Order Granting Relief from Stay is attached hereto as Exhibit “B.” 4, Therefore, as the stay has been lifted pursuant to 11 U.S.C. § 362(d), Space Coast respectfully requests that the Court reset the Foreclosure Sale in this case pursuant to the Final Judgment for the next available date. WHEREFORE, Space Coast Credit Union respectfully requests that the Court enter an Order resetting the Foreclosure Sale for the next available date, and for such other and further relief as the Court deems just and proper. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing was served via e-mail to those parties required to receive e-mail service pursuant to Fla. R. Jud. Admin. 2.516, or by U.S. Mail on this +)" day of March, 2014 to all parties, in the manner specified, on the attached Service List. BLAXBERG, GRAYSON, KUKOFF & TWOMBLY, P.A. Attorneys for Space Coast Credit Union 25 Southeast Second Avenue, Suite 730 Miami, Florida 33131 Phone: (305) 381-7979 x 317 Fax: (305) 371-6816 Primary e-mail: SCCU-FHLB@blaxgray.com Secondary e-mail: Is Cs @blaxgray.com hp / By: Lo Ae aan Alexis'S, Read, Esq. Fla. Bar No.: 98084 ASR/729 §:/032614-SC-Scott Sharon-Min to ResetSERVICE OF COURT DOCUMENT - CASE NO: CASE NO, CACE12004330 Court: In the Circuit Court in and for the 17" Judicial Circuit in and for Broward County, Florida Style of Case: Space Coast Credit Union v. Sharon E. Scott, et al. Document(s) Attached: (1) Motion to Reset Foreclosure Sale; (2) Notice of Hearing; and (3) Notice of Filing Bankruptcy Order MAILING LIST AND DESIGNATION OF PRIMARY AND SECONDARY EMAIL ADDRESSES. redit Union designates the following Email Addresses rimary Email: SCCU-FHLB@blaxgray.com Secondary Email: Isabel.Colleran@blaxgray.com SERVICE LIST Sent via E-mail to the following: SCCU-FHLB@blaxgray.com; malcolm@mehrealproperty.com: mail@MEHRealproperty.com Malcolm E. Harrison, Esq. 12230 Forest Hill Blvd., Suite 110R Wellington, FL 33414 E-mail; malcolm@mehrealproperty.com mail@MEHRealproperty.com Attorney for Sharon E. Scott Sent via US Mail to the following: Franklin Farms Homeowner’s Association c/o Denise 1. Glaser 9421 Belaire Drive Miramar, FL 33025CEN # 111445864, OR BK 49672 PG 1012, Page 1 of 6, Recorded 04/05/2013 at 03:39 PM, Broward County Commission, Deputy Clerk 3505 6 vo |? IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. CACE12004330 « SPACE COAST CREDIT UNION, as Servicer i for Federal Home Loan Bank of Atlanta, iG Plaintiff, vs. SHARON F, SCOTT et al, : Defendant(s). SUMMARY FINAL JUDGMENT OF FORECLOSURE i ‘HHIS GAUSE eame-beforerthe Coort.on March 27; 2013; nc Paint ane y | rh , BPC! t | \ Unlohi's Motiop Ie Sum haying vevicwede ie; \ alia J uy [-\ he yA ' L This Court has jurisdiction over the parties and the subject matter, at WAG A \ ff \\ | JAN INN uct having heatd argumieht’ of courigel, E u if wth | y Final| Judgineit, and cy Final udgine ani a ih ha id bela. othgrWvise Fly aflvised in the-pinises, does heFeRyy a y af (Petty al 2. There is no genuine issue as to any material fact in this cause and the Plaintiff is entitled to summary final judgment pursuant to law for the claims set forth in its Complaint Accordingly, it is, ORDERED AND ADJUDGED that 1. ‘The Plaintii's Motion for Summary Final Judgment is GRANTED. Service of process has been duly and regularly obtained over Sharon E. Scott, Space Coast Credit Union fk. Easter Financial Credit Union, and Franklin Farms Homeowners Association, Inc., Defendants. 2. Upon Count I (Suit on Promissory Note) of the Complaint, Space Coast Credit Union shall recover from Defendants Sharon E. Scott, Space Coast Credit Union fik.a Eastern Financial Credit Union, and Franklin Farms Homeowners Association, Inc,, jointly and severally, as primary abligors, the following sums (hereafter referred to as the “Total Owed"):CEN # 111445864, OR BK 49672 PG 1013, Page 2 of 6 Principal due on the note secured by the mortgage Foreclosed 41,453.16 Interest on the note and mortgage through September 1, 2012 $51,790.92 Per diem interest accrues at $39,69093 from 09/02/2012 to 03/27/13 $8,216.02 Escrow balance - owed $19,587.74 Pre-acceleration late charges $2,056.60 SUBTOTAL $323,104.44 Court Costs: Title Search Fee $175.00 Court Filing Fee $1,906.00 Recording of Lis Pendens $6.00 Issuance Summons Service of Process Post Fotocipies| fourt op Inge Parkin ‘yh sFiday i “TOTAL ownp" $329,339.29 The Total Owed amount referenced in Paragraph 2 shall bear interest from this date forward at the prevailing legal rate of interest. This judgment shall bear interest at the rate of 4.75% per annum as adjusted pursuant to Fla. Stat. § 55.03. 4, Upon Count I of the Complaint, Space Coast Credit Union is due under the Note, Morigage, and the Security Agreement sued upon in this action, the "Total Owed" (ie. $329,339.29) a Space Coast Credit Union, whose address is 8045 N Wickham Rd. Melbourne, FL 32941 holds a lien for the Total owed sum specified in Paragraph 2 herein. The lien of the Plaintiff is superior in dignity to any right, title, interest or claim of the Defendants and all persons, corporations, or other entities 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, with the exception ofCFN # 111445864, OR BK 49672 PG 1014, Page 3 of 6 any assessments that are superior pursuant to Florida Statutes, Section 718.116. The Plaintiff's lien encumbers the subject property located in Broward County, Florida and described as: Lot 12, Block 7, TURTLE BAY SECTION ONE, according to the Plat thereof, as recorded in Plat Book 110, at Page 37, of the Public Records of Broward County, Florida. Property address: 2311 Dunhill Avenue, Miramar, FL 33025. b. If the Total Owed with interest at the rate prescribed in paragraph 3 and all costs of this action accruing subsequent to this judgment are not forthwith paid to Plaintiff Space Union, the Clerk of the Court shall scll the property at a public sale on at 10:00 am, to the highest bidder for cash at ‘ “Nt ; mA AT E . Stat abso), A\ I aN we JENIN Hsoduent Gosts \ this aétion and baer ‘be! SLE raf the fronany \ | atte za / i Diane is the purchaser, “he oan ‘shal redit 2 brim bid Uy the Ta Sut plus inter thereon; and (2) all costs accruing subsequent to this judgment or such part of it as is necessary’ to pay the bid in full. ‘The Clerk shall receive the service charge imposed in Section 45.031, Florida Statutes, for services in making, recording, and certifying the sale and title that shall be a costs. d. 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 Plaintiff's costs; second, documentary stamps affixed to the Certificate of Title; third, Plaintiff's attorneys! fees; fourth, the Total Sum due to escribed by law trom this date to the date of Plaintiff less the items paid, plus interest at the rate pr the sale; and by retaining any amount remaining pending the further order of this Court, During the sixty (60) days after the Clerk issues the Certificate of Disbursements, the Clerk shall hold the surplus pending further Order of this CourtCFN # 111445864, OR BK 49672 PG 1015, Page 4 of 6 ¢, On filing of the Certificate of Sale, Defendant’s right of redemption as prescribed by Florida Statutes, Section 45,0315 shall be terminated On filing the Certificate of Title, the said Defendants and all persons claiming by, through, under or against them since the filing of the Notice of Lis Pendens are forever barred and foreclosed of any and all estate, equity, claim or right of redemption in and to the mortgaged property and the purchaser at the sale shall be let into possession of the property, The Clerk of the Court is hereby horized to issue forthwith, and the Sheriff io serve. a writ of possession for the property without further order of the Court, upon application by the Plaintiff: ona a CS hats “ Imitation, we mor this ie Ont isvetained | ae net fyrther re =i / \ toyy | : Pssst al “pki Noe [f ZAIN! y 2 ‘a fe BM Cau Cou fins (bided ion Ari athe its proses ‘ao visu gg oP sdl/ ‘ee ie Plai fable, thht bot 10 hours¥ werd reakdn fly’ ‘ehpendel by phaaate couse (ancl that an hourly COUNSEL REPRE! TS THAT THE rate of $165.00 per hour is appropriate, PLAINTIF ATTORNEY FEE AWARDED DO NOT EXCEED ITS CONTRACT FRE WITH THI PLAINTIFF, ‘The Court finds that there are no reasons for either reduetion or enhancement pursuant to Florida Patient's Compensation Fund vs, Rowe, 472 So. 1145 (Fla, 1985) and the Court therefore has awarded reasonable attorney's fees of $3,646.50. 7, 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 FI JUDGMENT. 8. IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERKCFN # 111445864, OR BK 49672 PG 1016, Page 5 of 6 NO LATER THAN 60 DAYS AFTER THE SALE. HH’ YOU FAIL. TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS EA IF YOU ARF. 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. BROWARD COUNTY, T, FORT LAUDERDALE, FLORIDA (TELEPHONE: (954) 831-6565). ‘ i P THERE IS ADDITIONAL, Me (Coys iN : SERRAAS IN af PRE dgrevoeh 201 SE SIXTH STRE. Days. ArT fhe E SALI YY eae Fag) FROM THE RORIE! Ce || fe {{ S-folLl oe wou pectprt6 spl mo \ AM A pee YouR HOME OR HIRE SOMEONE TO HELP x YOU CLAIM THE ADDITIONAL MONEY, YOU SHOULD READ VERY CAREFULLY RABLY AN ALL PAPERS YOU ARE REQUIRED TO SIGN, ASK SOMEONE ELSE, PR! 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 COAST TO COAST LEGAL AID FOR SOUTH FLORIDA, INC, 491 NORTH STATE ROAD 7, PLANTATION. FLORIDA 33317 (954) 736- 2400 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 SST OTHER OPTIONS. IF YOU CHOOSE TO COAST TO. REFERRAL AGENCY OR SUGGICEN # 111445864, OR BK 49672 PG 1017, Page 6 of 6 COAST LEGAL AID FOR SOUTH FLORIDA, INC. 491 NORTH STATE ROAD 7. PLANTATION, PLORIDA 33317 (954) 736-2400 FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE DQN AND ORDERED in Chambers at Fr. ov “22013 FTER RECEIPT OF THIS NOTICE. Lauderdale, Broward County, Florida on CIRCUIT Ci Copies furnished to all counsel/parties of record 9421 mabe t Miramar] FL 33 ares 4 StH Blvd. Suite 11 9) nj FL my iA \ Pa | Shace Coase Creti Gio . Eastern Financial Plorida cs a \ Mpibes Gray: id / RIN 4 Blaxberg, Grdygon, Kukdit &) Twombly, PA. 8025°N/Wickham|Road |) \o-7// lorneys for\ PletintifK Space Chast Crd. | Melbourne, FL 32940 Union 25 SE Second Ave,, Ste, 730 ; L Miami, FL 33131 |Case 14-12373-JKO Doci1S Filed 02/11/14 Page 1 of 2 ORDERED in the Southern District of Florida on March 10, 2014. Pula John K. Olson, Judge United States Bankruptcy Court UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA FORT LAUDERDALE DIVISION Inre: Case No. 14-12373-JKO SHARON SCOTT Chapter 7 Debtor. / ORDER GRANTING SPACE COAST CREDIT UNION’S MOTION FOR RELIEF FR STAY TO ENFORCE FINAL JUDGMENT OF FORECLOSURE THIS CAUSE came before the Court on Space Coast Credit Union’s (“Space Coast”) Motion for Relief from Stay to Enforce Final Judgment of Foreclosure (the “Motion”) [D.E. 11], filed on negative notice. The Court has acknowledged the Certificate of No Response and Request for Entry of Order filed by Space Coast, considered the Motion and reviewed the record in this case. Being otherwise fully advised in the premises, it is ORDERED that: L Space Coast’s Motion is GRANTED.Case 14-12373-JKO Doc15 Filed 03/11/14 Page 2 of 2 2. Accordingly, the automatic stay is modified to permit Space Coast to exercise all in rem rights and remedies, including resuming mortgage foreclosure proceedings in state court, with respect to the following real property (the “Property”): LOT 12, BLOCK 7, TURTLE BAY SECTION ONE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 110, AT PAGE 37, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. Property Address: 2311 Dunhill Avenue, Miramar, FL 33025 3. The relief granted herein permits Space Coast to take in rem action against the Property only, and does not permit the creditor to seek or obtain in personam relief against the Debtor. Submitted by: Alexis S. Read, Esq BLAXBERG, GRAYSON, KUKOFF & TWOMBLY, P.A. Attorneys for Space Coast Credit Union 25 Southeast Second Avenue, Suite 730 Miami, Florida 33131 Phone: (305) 381-7979 x 317 Fax: (305) 371-6816 alexis.read@blaxgray.com Attorney Alexis S. Read shall serve a copy of this Order on all interested parties and shail file a Certificate of Service.