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*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 6/5/2013 5:06:17 PM.
Electronically Filed 06/05/2013 05:06:18 PM ET
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
CIVIL DIVISION
CASE NO. CACE-12-035057 DIV 11
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS.
TRUSTEE FOR NOVASTAR MORTGAGE FUNDING
TRUST, SERIES 2006-4 NOVASTAR HOME EQUITY
LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-4
Plaintiff,
vs.
KATHY DORCEANT, ET AL
Defendants.
VERIFIED STATEMENT AS TO ATTORNEY’S TIME AND EFFORT
I, Clive M. Ryan, Esq, attorney for the Plaintiff in the above styled cause, who respectfully requests this
Court to award fees pursuant to the applicable provisions of the Mortgage being foreclosed and as grounds therefore
would show:
1. Declarant is over the age of 21 and have personal knowledge of the matters set forth herein. Declarant is an
attorney with the law firm of Kahane & Associates, P.A. and represents our client in the above referenced
foreclosure action. As an attorney with this firm, Declarant is 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 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, Verified Statement as to Indebtedness, Verified
Statement as to Attorney’s Time and Effort, Verified Statement as to Reasonableness of
Attorney’s Fees, Notice of Hearing, proposed Final Judgment, proposed Notice of Sale and Final
Disposition form.
f. In the 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.
File No. 12-007163. For all legal services performed in this uncontested residential foreclosure, Kahane &
Associates, P.A. has agreed to charge, and this client has agreed to pay, a flat rate of $2,050.00. This represents our
fee agreement for prosecuting this type of loan in an uncontested residential foreclosure action. In the event the
matter becomes contested, Kahane & Associates, P.A. 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 Kahane &
Associates, P.A. seek to recover attorney’s fees greater than the amount billed to and paid by this client.
4. Kahane & Associates, P.A. 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 Kahane &
Associates, P.A. 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.
Under penalties of perjury, I declare that I have read the foregoing Verified Statement and that the
facts stated in it are true. See Fla. Stat. § 92.525.
A ,
Dated this 5” day offi 44.2013.
\
File No. 12-00716
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*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 6/5/2013 5:06:17 PM. Electronically Filed 06/05/2013 05:06:18 PM ET IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CIVIL DIVISION CASE NO. CACE-12-035057 DIV 11 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS. TRUSTEE FOR NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2006-4 NOVASTAR HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-4 Plaintiff, vs. KATHY DORCEANT, ET AL Defendants. VERIFIED STATEMENT AS TO ATTORNEY’S TIME AND EFFORT I, Clive M. Ryan, Esq, attorney for the Plaintiff in the above styled cause, who respectfully requests this Court to award fees pursuant to the applicable provisions of the Mortgage being foreclosed and as grounds therefore would show: 1. Declarant is over the age of 21 and have personal knowledge of the matters set forth herein. Declarant is an attorney with the law firm of Kahane & Associates, P.A. and represents our client in the above referenced foreclosure action. As an attorney with this firm, Declarant is 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 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, Verified Statement as to Indebtedness, Verified Statement as to Attorney’s Time and Effort, Verified Statement as to Reasonableness of Attorney’s Fees, Notice of Hearing, proposed Final Judgment, proposed Notice of Sale and Final Disposition form. f. In the 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. File No. 12-007163. For all legal services performed in this uncontested residential foreclosure, Kahane & Associates, P.A. has agreed to charge, and this client has agreed to pay, a flat rate of $2,050.00. This represents our fee agreement for prosecuting this type of loan in an uncontested residential foreclosure action. In the event the matter becomes contested, Kahane & Associates, P.A. 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 Kahane & Associates, P.A. seek to recover attorney’s fees greater than the amount billed to and paid by this client. 4. Kahane & Associates, P.A. 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 Kahane & Associates, P.A. 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. Under penalties of perjury, I declare that I have read the foregoing Verified Statement and that the facts stated in it are true. See Fla. Stat. § 92.525. A , Dated this 5” day offi 44.2013. \ File No. 12-00716