Preview
CFN 20150099110
A OR BK 27409 PG 869
RECORDED 03/19/2015 14:38:04
Palm Beach County, Florida
AMT
IN THE CIRCUIT COURT OF THE FIFTEENTH Sharon R. Bock
JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, CLERK & COMPTROLLER
FLORIDA CIVIL ACTION Pgs 0869-0872; (4Pgs)
ONEWEST BANK, FSB,
Plaintiff,
CASE NO.: 50-2014-CA-001247-XXXXMB
vs. DIVISION: AW
THE UNKNOWN SPOUSE, HEIRS, BENEFICIARIES, DEVISEES,
GRANTEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES,
AND ALL OTHER PARTIES CLAIMING AN INTEREST BY,
THROUGH, UNDER OR AGAINST THE ESTATE OF ISABELLA
M. WOOD, DECEASED; IRENE SPEILLER; GILLIAN WOOD;
UNITED STATES OF AMERICA, ACTING ON BEHALF OF THE
SECRETARY OF HOUSING AND URBAN DEVELOPMENT; THE
PALM CLUB WEST VILLAGE I CONDOMINIUM
2.
ASSOCIATION, INC.; UNKNOWN TENANT #1; UNKNOWN ze Ss
TENANT #2; ALL OTHER UNKNOWN PARTIES CLAIMING ae 2
INTERESTS BY, THROUGH, UNDER, AND AGAINST A NAMED Lee =
DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR Bras a
ALIVE, WHETHER SAME UNKNOWN PARTIES MAY CLAIM S25 a
AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES, AGO
OR OTHER CLAIMANTS, Seg 2
Defendant(s). F3o no
xm G
FINAL JUDGMENT OF FORECLOSURE ae =a
THIS ACTION was heard before the Court at the Non-Jury Trial held on March 17, 2015. On the evidence
presented,
IT IS ORDERED AND ADJUDGED that:
lL The Final Judgment is GRANTED. Service of process has been duly and regularly obtained over; Gillian Wood;
Irene Speiller; The Palm Club West Village I Condominium Association, Inc.; and United States Of America,
Acting On Behalf Of The Secretary Of Housing And Urban Development defendants.
2. There is due and owing to the Plaintiff the following:
Principal due on the note secured by the mortgage foreclosed: $137,217.39
Interest on the note and mortgage from December 18, 2006 to March 17, 2015 $32,956.93,
Additional Costs:
Initial MIP $1,040.00
Monthly MIP $6,698.73
Monthly Servicing Fees $3,500.00
Service Advances $3,965.40
GRAND TOTAL $185,378.45
3. The grand total amount referenced in Paragraph 2 shall bear interest from this date forward at the prevailing legal
rate of interest.
4, Plaintiff, whose address is c/o Financial Freedom, 2900 Esperanza Crossing, Austin, TX 78758, holds a lien for
the grand total sum specified in Paragraph 2 herein. The lien of the Plaintiff is superior in dignity to any right, title, interest
gasCFN 20150099110
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20F 4
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 of any
assessments that are superior pursuant to Florida Statutes, Section 718.116 and Section 720.3085. The Plaintiff's lien
encumbers the subject property located in Palm Beach County, Florida and described as:
CONDOMINIUM UNIT B-2, OF BUILDING NO. 124, OF THE PALM CLUB WEST VILLAGE I, A
CONDOMINIUM ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF, RECORDED
IN OFFICIAL RECORD BOOK 4529, PAGE 563, AND AMENDED IN OFFICIAL RECORD BOOK 4547,
PAGE 65, AND FURTHER AMENDED IN OFFICIAL RECORD BOOK 4574, PAGE 847, OFFICIAL
RECORD BOOK 4598, PAGE 1639, OFFICIAL RECORD BOOK 4631, PAGE 1145, OFFICIAL RECORD
BOOK 4631, PAGE 1148, OFFICIAL RECORD BOOK 4636, PAGE 1375, OFFICIAL RECORD BOOK 4661,
PAGE 347, OFFICIAL RECORD BOOK 4691, PAGE 286, OFFICIAL RECORD BOOK 4758, PAGE 674,
OFFICIAL RECORD BOOK 4770, PAGE 1654 OFFICIAL RECORD BOOK 4929, PAGE 1795, OFFICIAL
RECORD BOOK 5081, PAGE 1973, OFFICIAL RECORD BOOK 5094, PAGE 986, AND OFFICIAL RECORD
BOOK 5098, PAGE 1955, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND OFFICIAL
RECORD BOOK 5115, PAGE 1913.
Property address: 3670 ALDER DR #124 UNIT B-2, WEST PALM BEACH, FL 33417
5. If the grand total amount with interest at the rate described in Paragraph 3 and all costs accrued subsequent to
ent are not paid, the-Clerk of the Court shall sell the subject property at public sale to the highest bidder on
20, Gat 10:00AM EST, to the highest bidder for cash, except as prescribed in Paragraph 6, at
palmbeachclerk.clerkauction.com, after having first given notice as required by Section 45.031, Florida
tiff shall advance all subsequent costs of this action in addition to any advances made to preserve its
collateral and shall be reimbursed UPON further order of the Court shall be reimbursed for them by the Clerk if Plaintiff
is not the purchaser of the property for 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.
‘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 assessed as costs.
7. On filing of the Certificate of Sale, defendant’s right of redemption as prescribed by Florida Statutes, Section
45.0315 shall be terminated.
8. 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 the Plaintiff's costs; second, documentary stamps affixed to the Certificate; third, Plaintiff's
attomeys’ fees; fourth, the total sum due to the Plaintiff, less the items paid, plus interest at the rate prescribed in paragraph
2 from this date to the date of the sale. During the sixty (60) days after the Clerk issues the certificate of disbursements,
the Clerk shall hold the surplus pending further Order of this Court.
9. Upon filing of the Certificate of Title, defendant and all persons claiming under or against defendant since the
filing of the Notice of Lis Pendens shall be foreclosed of all estate or claim in the property and the purchaser at sale shall
be let into possession of the property. The Clerk of Court is ordered to issue a Writ of Possession upon further Order of
this Court.
10. NOTICE 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 PURSUANT 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.CFN 20150099110
. BOOK 27409 PAGE 871
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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, PALM BEACH COUNTY
CLERK OF COURT ATTN: FORECLOSURE MAIN COURTHOUSE 205 NORTH DIXIE HIGHWAY, ROOM
3.2300 WEST PALM BEACH, FL 33401,|TELEPHONE: 561-355-2986], WITHIN TEN (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, PREFERABLY 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
FLORIDA RURAL LEGAL SERVICES, 423 FERN STREET, SUITE 200,, WEST PALM BEACH, FL 33401
TELEPHONE: (561) 993-0003, 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 FLORIDA RURAL LEGAL SERVICES,
YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE.
1. If Plaintiff is the successful purchaser at the foreclosure sale, Plaintiff may assign the successful bid without
further order of this court.
12. The Court finds that Plaintiff has standing to seek and receive the relief obtained herein and can cancel this sale
upon notice.
13, Any funds payable from third party funds including attorney fees and costs shall be made payable to Plaintiff.
14. The Court specifically reserves jurisdiction to enter further orders the Court deems just and proper to include,
without limitation, the following: if Defendant has not been discharged in bankruptcy, or it is not prohibited by federal
law or mutual settlement agreement; orders granting additional attorney's fees and costs; writs of possession; orders
determining the amount and responsibility for assessments that may be due a condominium or homeowner's association
pursuant to sections 718.116 or 720.3085 of the Florida Statues; orders arising out of re-foreclosure, to include
permitting a supplemental complaint to add an interest-holder, and/or; orders involving reformation of the mortgage
instrument or deed to perfect title.
15. Defendants’ Right of Redemption shall be terminated upon issuance of the Certificate of Sale as prescribed by
Florida Statute §45.0315 Florida Statutes; except for that of the United States of America, which has 365 days to redeem.
If the USA is a defendant for any other reason (i.e. Federal Tax Lien, etc.) the redemption period is 120 days not 365.
16. A Guardian Ad Litem, Attorney ad Litem, and Administrator ad Litem is not required to be appointed
to represent the interest of the Unknown Heirs, Devisees, Grantees, Assignees, Lienors, Creditors, Trustees, or
other claimants claiming by, through, under, or against the Estate of Isabella M. Wood deceased, in the above-
styled cause;
17, That service of process was properly completed as to the Defendant(s), Unknown Heirs, Devisees,
Grantees, Assignees, Lienors, Creditors, Trustees, or other claimants claiming by, through, under, or against the
Estate of Isabella M. Wood, deceased, and therefore Plaintiff has met the requirements as set forth in Chapter
49, et. seq. Florida Statutes;
18. That as to Defendant(s) Unknown Heirs, Devisees, Grantees, Assignees, Lienors, Creditors, Trustees, or
other claimants claiming by, through, under, or against the Estate of Isabella M. Wood, that the interest of any
party who failed to timely file a responsive pleading, to the assert any right, title and/or interest which may be
claimed by such parties in the subject property being foreclosed herein, are hereby adjudicated as subordinate toCFN 20150099110
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40F4
that of the lien of Plaintiff's mortgage being foreclosed herein, and shall be forever barred and foreclosed of from
all rights, title, interest, liens, or equity of redemption in and to said property and every part thereof.
ORDERED at Palm Beach County, Florida on —Ynareh 17. 20)S
B. Coélow
Circuit Judge
AB-14-143835
Copies furnished to:
Albertelli Law
P.O. Box 23028
Tampa, FL 33623
eService: servealaw@albertellilaw.com
The Unknown Spouse, Heirs, Beneficiaries, Devisees, Lienors, Creditors, Trustees and All Other Parties Claiming
An Interest By, Through, Under or Against the Estate of Isabella M. Wood, Deceased
Unknown (Pub)
Gillian Wood
3670 Alder Drive #124 Unit B-2
West Palm Beach, Florida 33417
Irene Speiller
1149 Rainwood Cir
Palm Beach Gardens, Florida 33410
The Palm Club West Village 1 Condominium Association, Inc.
C/O SEa Breeze Cms, Inc.
4227 Northlake Blvd.
Palm Beach Gardens, Florida 33410
United States Of America, Acting On Behalf Of The Secretary Of Housing And Urban Development
C/O United States Attorney's Office
99 N.E. 4 Street, 13Th Street
Miami, Florida 33132