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Y
IN THE CIRCUIT COURT IN AND
FOR SARASOTA COUNTY, FLORIDA
CASE NO: 2007-CA-6141-NC-A
BANK OF NEW YORK AS TRUSTEE FOR
THE CERTIFICATEHOLDERS CWALT,
INC, ALTERNATIVE LOAN TRUST 2005-
86CB MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-86CB
Pr 2 =
ae cd
Plaintiff, $22 2 ©
VS. 20m —j =
RONALD SPENCE A/K/A RONALD L 2a5 - S
SPENCE; UNKNOWN TENANT I; oer 3 OB
UNKNOWN TENANT II; MORTGAGE 34 @
ELECTRONIC REGISTRATION
SYSTEMS, INC., AS NOMINEE FOR
COUNTRY WIDE HOME LOANS, INC.,
and any unknown heirs, devisees, grantees,
creditors, and other unknown persons or
unknown spouses claiming by, through and
under any of the above-named Defendants,
Defendants.
/
AFFIDAVIT OF TIME
BEFORE ME, personally appeared John Howarth Farren, who, being duly sworn, deposes
and says:
l.
Affiant is competent to testify to all matters stated herein and this affidavit is made on the
personal knowledge of affiant based on the records kept by Butler & Hosch P.A.
2. Affiant is an attorney with the law firm of Butler & Hosch P.A., counsel for plaintiff in the
above-referenced action.
3. Plaintiff and Butler & Hosch P.A. have agreed to a flat rate attorney's fee of $1,200.00 for
compensation for legal services rendered on behalf of plaintiff in this action as long as this
action remains "uncontested", as that term is defined by plaintiff and Butler & Hosch P.A.
In the event this action becomes "contested", Butler & Hosch P.A.'s fee agreement with
plaintiff is modified such that the legal services rendered on behalf of plaintiff in this action
will be compensated on an hourly basis at the above-referenced hourly rate.
I
(vis mim
B&H # 249611wt
Work is performed by attorney with the help of paraprofessional, as is the standard
reasonable practice of law in the state of Florida for this type of legal representation. Fee
is based on flat rate regardless of allocation of time unless deemed litigated, at which time
representation would be at an hourly rate in accordance with Florida Patient's
Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985).
A reasonable rate for this type of action is $175.00 per hour.
In the prosecution of this action, the reasonable estimated time to complete a foreclosure is
as follows:
HRS
0.6
2.8
1.5
3.5
1.5
1.3
DESCRIPTION OF ACTIVITY
Review transmittal letter from client and any included loan documents,
records and evidence. As appropriate, make notes to files to document
significant issues, concerns, and activities.
Review file to determine appropriate parties to suit. Research proper
addresses for service of process. As appropriate, prepare complaint,
summonses, lis pendens, letter to clerk regarding filing, letter(s) regarding
service of process, and request to determine military status and whereabouts.
As appropriate, prepare and sign checks. As appropriate, make notes to
files to document significant issues, concerns, and activities.
Review file for responsive pleadings. As appropriate, prepare motion(s) for
default and dismissal(s) of parties. Review any responses to motion(s) for
default. As appropriate, make notes to files to document significant issues,
concerns, and activities.
Prepare motion for summary final judgment and supporting documents as
appropriate, such as: affidavit of indebtedness, notice of hearing, documents
establishing validity of note and mortgage, documents establishing chain of
title, notice of hearing, affidavit(s) relating to attorney's fees, affidavit
relating to costs, letter to clerk, letter to judge, proposed final judgments,
notice of sale, letter to publisher, and final disposition form, etc.
Miscellaneous time spent communicating with client via telephone,
computer, and correspondence regarding preparation of materials for
prosecution of this action, issues of this action, and status updates regarding
this action.
Anticipated time to be spent to prepare for and attend hearing on motion for
summary judgment.
Anticipated time to review proof of publication, review certificate of sale,
review certificate of disbursements and review certificate of title.
B&H # 249611”
11.70 TOTAL TIME
FURTHER YOUR AFFIANT SAYETH NOT.
AF
John Howarth Farren, Affiant
a to and subscribed before me this
day of September 2007,
sonally known to me.
ary Public
Commission Expires:
E
ag Play JULIE A. MOORE
. MY COMMISSION # DDS
% € EXPIRES: May 22. 2010
is Florida Notary Service.com
0
(407) 398-0159
B&H # 24961}CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and exact copy of the foregoing was furnished by U.S.
Mail this /Y_ day of September 2007 to:
Ronald Spence a/k/a Ronald L. Spence
5450 Bentgrass Drive Unit 115
Sarasota, FL 34235
Mortgage Electronic Registration Systems, Inc. as nominee for Market S Mortgage Corporation
to Countrywide Home Loans, Inc.
c/o: Any Officer
1595 Spring Hill Road, Suite 310
Vienna, VA 22182
Unknown Tenant I n/k/a: Carmen Gonzales
2297 Arlington Street
Sarasota, FL 34239
Unknown Tenant II n/k/a: Omar Hernandez
2297 Arlington Street
Sarasota, FL 34239
John Howarth Farren, Esquire
BUTLER & HOSCH, P.A.
3185 South Conway Road, Suite E
Orlando, Florida 32812
(407) 381-5200
Attorney for Plaintiff
Florida Bar No.0913871
B&H # 249611
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Y IN THE CIRCUIT COURT IN AND FOR SARASOTA COUNTY, FLORIDA CASE NO: 2007-CA-6141-NC-A BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC, ALTERNATIVE LOAN TRUST 2005- 86CB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-86CB Pr 2 = ae cd Plaintiff, $22 2 © VS. 20m —j = RONALD SPENCE A/K/A RONALD L 2a5 - S SPENCE; UNKNOWN TENANT I; oer 3 OB UNKNOWN TENANT II; MORTGAGE 34 @ ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR COUNTRY WIDE HOME LOANS, INC., and any unknown heirs, devisees, grantees, creditors, and other unknown persons or unknown spouses claiming by, through and under any of the above-named Defendants, Defendants. / AFFIDAVIT OF TIME BEFORE ME, personally appeared John Howarth Farren, who, being duly sworn, deposes and says: l. Affiant is competent to testify to all matters stated herein and this affidavit is made on the personal knowledge of affiant based on the records kept by Butler & Hosch P.A. 2. Affiant is an attorney with the law firm of Butler & Hosch P.A., counsel for plaintiff in the above-referenced action. 3. Plaintiff and Butler & Hosch P.A. have agreed to a flat rate attorney's fee of $1,200.00 for compensation for legal services rendered on behalf of plaintiff in this action as long as this action remains "uncontested", as that term is defined by plaintiff and Butler & Hosch P.A. In the event this action becomes "contested", Butler & Hosch P.A.'s fee agreement with plaintiff is modified such that the legal services rendered on behalf of plaintiff in this action will be compensated on an hourly basis at the above-referenced hourly rate. I (vis mim B&H # 249611wt Work is performed by attorney with the help of paraprofessional, as is the standard reasonable practice of law in the state of Florida for this type of legal representation. Fee is based on flat rate regardless of allocation of time unless deemed litigated, at which time representation would be at an hourly rate in accordance with Florida Patient's Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985). A reasonable rate for this type of action is $175.00 per hour. In the prosecution of this action, the reasonable estimated time to complete a foreclosure is as follows: HRS 0.6 2.8 1.5 3.5 1.5 1.3 DESCRIPTION OF ACTIVITY Review transmittal letter from client and any included loan documents, records and evidence. As appropriate, make notes to files to document significant issues, concerns, and activities. Review file to determine appropriate parties to suit. Research proper addresses for service of process. As appropriate, prepare complaint, summonses, lis pendens, letter to clerk regarding filing, letter(s) regarding service of process, and request to determine military status and whereabouts. As appropriate, prepare and sign checks. As appropriate, make notes to files to document significant issues, concerns, and activities. Review file for responsive pleadings. As appropriate, prepare motion(s) for default and dismissal(s) of parties. Review any responses to motion(s) for default. As appropriate, make notes to files to document significant issues, concerns, and activities. Prepare motion for summary final judgment and supporting documents as appropriate, such as: affidavit of indebtedness, notice of hearing, documents establishing validity of note and mortgage, documents establishing chain of title, notice of hearing, affidavit(s) relating to attorney's fees, affidavit relating to costs, letter to clerk, letter to judge, proposed final judgments, notice of sale, letter to publisher, and final disposition form, etc. Miscellaneous time spent communicating with client via telephone, computer, and correspondence regarding preparation of materials for prosecution of this action, issues of this action, and status updates regarding this action. Anticipated time to be spent to prepare for and attend hearing on motion for summary judgment. Anticipated time to review proof of publication, review certificate of sale, review certificate of disbursements and review certificate of title. B&H # 249611” 11.70 TOTAL TIME FURTHER YOUR AFFIANT SAYETH NOT. AF John Howarth Farren, Affiant a to and subscribed before me this day of September 2007, sonally known to me. ary Public Commission Expires: E ag Play JULIE A. MOORE . MY COMMISSION # DDS % € EXPIRES: May 22. 2010 is Florida Notary Service.com 0 (407) 398-0159 B&H # 24961}CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and exact copy of the foregoing was furnished by U.S. Mail this /Y_ day of September 2007 to: Ronald Spence a/k/a Ronald L. Spence 5450 Bentgrass Drive Unit 115 Sarasota, FL 34235 Mortgage Electronic Registration Systems, Inc. as nominee for Market S Mortgage Corporation to Countrywide Home Loans, Inc. c/o: Any Officer 1595 Spring Hill Road, Suite 310 Vienna, VA 22182 Unknown Tenant I n/k/a: Carmen Gonzales 2297 Arlington Street Sarasota, FL 34239 Unknown Tenant II n/k/a: Omar Hernandez 2297 Arlington Street Sarasota, FL 34239 John Howarth Farren, Esquire BUTLER & HOSCH, P.A. 3185 South Conway Road, Suite E Orlando, Florida 32812 (407) 381-5200 Attorney for Plaintiff Florida Bar No.0913871 B&H # 249611