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  • ONEWEST BANK FSB V UNKNOWN SPOUSE OF HEIRS BENEFICIARIES DEVISEES GRANTEES HR FORECLOSURE > $50K, < $250K document preview
  • ONEWEST BANK FSB V UNKNOWN SPOUSE OF HEIRS BENEFICIARIES DEVISEES GRANTEES HR FORECLOSURE > $50K, < $250K document preview
  • ONEWEST BANK FSB V UNKNOWN SPOUSE OF HEIRS BENEFICIARIES DEVISEES GRANTEES HR FORECLOSURE > $50K, < $250K document preview
  • ONEWEST BANK FSB V UNKNOWN SPOUSE OF HEIRS BENEFICIARIES DEVISEES GRANTEES HR FORECLOSURE > $50K, < $250K document preview
						
                                

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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 - BOOK 27409 PAGE 870 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 3 OF 4 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 : BOOK 27409 PAGE 872 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