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COUNTRY WIDE HOME LOANS, INC.,
VS.
SARAH
SPOUSE OF SARAH KIRCHNER; JOHN
JANE DOE AS UNKNOWN
TENANT (S) IN POSSESSION OF THE
SUBJECT PROPERTY,
DOE;
IN THE CIRCUIT COURT OF THE
12TH JUDICIAL CIRCUIT, IN AND FOR
SARASOTA COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 2007-CA-007969-SC
MOTION FOR SUMMARY FINAL JUDGMENT OF FORECLOSURE
Plaintiff, COUNTRYWIDE HOME LOANS, INC., moves the Court for entry of a Summary Final
- Judgment of Foreclosure including an award of attorney's fees to Plaintiff on the grounds that Plaintiff is
entitled to such a Final Judgment as a matter of law. The substantial matter of law to be argued is the
- priority of the lien of Plaintiffs mortgage over the interest of all other Defendants in the real property
encumbered by said mortgage and Plaintiff's entitlement to an award of attorney’s fees.
In support of this motion, Plaintiff shows the Court:
Florida, the legal description of which is set forth in the Complaint. OZ
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The provisions of the note and mortgage being sued upon in this action confer upon Plaintiff the
right to accelerate all sums due thereunder upon the default thereof, and the right to foreclose all
interests in the encumbered property which are inferior to the lien of said mortgage. Hubbard v.
Highland Realty & Inv. Co., 156 So. 322 (Fla. 1934); Campbell v. Werner, 232 So. 2d 252 (Fla.3d
D.C.A. 1970). The provisions of said note and mortgage also provide for an award of attorneys
fees to Plaintiff in the event of the filing of an action for foreclosure.
3. The pleadings and exhibits filed herein, as well as Plaintiff's affidavit in support hereof, establish
that Plaintiffs mortgage is a purchase money mortgage or was recorded prior to the recording of
the instruments creating the liens in favor of those Defendants who claim an interest in the real
property encumbered by the mortgage. Therefore, any such interest, which may be vested in the
07-09976
iiititinamn
—~,aforesaid Defendants, is subordinate and inferior to the lien of Plaintiff's mortgage. Sarmiento v.
Stockton, Whatley, Davin & Co., Inc., 399 So. 2d 1057 (Fla. 3d DCA 1981), United States v. First
Federal Savings and Loan Association of St. Petersburg, 155 So. 2d 192 (Fla. 2d DCA 1963).
WHEREFORE, Plaintiff respectfully requests this Court grant its Motion for Summary Final Judgment of
Mortgage Foreclosure including an award of attorney's fees and for such further relief as the Court deems
just and proper.
I HEREBY CERTIFY that a true copy of the foregoing Motion for Summary Judgment, and the following
supporting affidavits: Time & Effort, “Ee Fees, Indebtedness, Cost were delivered to the parties on
the attached mailing list by mail this day of , 2007.
Law Offices of Marshall C. Watson, P.A.
1800 N.W. 49" Street, Suite 120
Fort Lauderdale, Fi 33309
Telephone: (954) 453-0365/1-800-441-2438
Facsimile: (954) 771-6052
By:
07-09976MAILING LIST
Case No.: 2007-CA-007969-SC
SARAH KIRCHNER
UNKNOWN SPOUSE OF SARAH KIRCHNER
1125 COHANNET ST
TAUNTON, MA 02780
JANE DOE A/K/A WENDY MINER
JOHN DOE A/K/A SCOTT MINER
3633 ENID LANE
NORTH PORT, FL 34288
07-09976IN THE CIRCUIT COURT OF THE
COUNTRY WIDE HOME LOANS, INC., 12TH JUDICIAL CIRCUIT, IN AND FOR
Plaintiff, SARASOTA COUNTY, FLORIDA
VS. CIVIL DIVISION
SARAH KIRCHNER, et al, CASE NO.: 2007-CA-007969-SC
Defendants.
AFFIDAVIT OF COSTS
STATE OF FLORIDA
COUNTY OF BROWARD
BEFORE me, the undersigned authority, personally appeared
Courtney Bannan, Esq., who being duly sworn, deposes and says:
1. He/She is attorney of record for the Plaintiff in the above styled action and that he/she ts
authorized to make this affidavit and makes this Affidavit based on his/her own personal
knowledge.
2. Plaintiff has expended the following costs in the above foreclosure action:
Filing Fee $ 255.00
Service of Process S 660.00
TOTAL $ 915.00
FURTHER AFFIANT SAYETH NAUGHT
Courtney Ban
Bar No.: 703931
Sworn to and s
me, this
SAY Bel, ROXANA BOYCO
ee Notary Public - State of Florida
* My Commission Expires Apr 13, 2010
ae Commission # DD 540479
Bonded by National Notary Assn.
scribed before
ay of , 2007
Notary Public, State of
Commissioned Name ” Notary Public
Personally known or produced identifict
Type of Identification Produced
07-09976COUNTRYWIDE HOME LOANS, INC., IN THE CIRCUIT COURT OF THE
Plaintiff, 1l2TH JUDICIAL CIRCUIT, IN AND FOR
vs. SARASOTA COUNTY, FLORIDA
SARAH KIRCHNER, et al, CIVIL DIVISION
Defendants. CASE NO.: 2007-CA-007969-SC
AFFIDAVIT OF INDEBTEDNESS
Lapa
STATE OF sis)
mR hs,
BEFORE me, personally appeared KERISEL MAR '
who, after first duly sworn, deposes and says:
1. Affiant is an employee of the servicing agent of the Plaintiff
and 1s personally familiar with the loan, which is owned by the
Plaintiff and is subject matter of this action. The information
hereinafter given as to the indebtedness arising by virtue of the
execution of the note and mortgage sued upon in this action is
contained in the original books and records maintained in the
office of said servicing agent. Affiant has personal knowledge of
the books and records of the servicing agent and how they are
Maintained as they relate to the mortgage loan owned by
Plaintiff. These books and records include data compilations of
the payments, including escrow payments and advances made and
received on the mortgage loan in question, and are kept in the
course of a regularly conducted business activity by said
servicing agent. The entries are made at or near the time each
payment is received by persons with knowledge of the information
being recorded. It is the regular practice of said servicing
agent to make these entries at the time the payments are
received. Affiant has actual and personal knowledge of the facts
Stated herein and is authorized to make this Affidavit.
2. The allegations of the Complaint filed in this action are true
and correct.
07-099763. There is now due and owing to the Plaintiff upon said note and
mortgage the following amounts:
a) Principal Balance on the note and
mortgage S$ 309,268.16
b) Accrued interest through from 2/1/07 to
10/8/07 (per diem: $ 51.89) S 12,991.40
c) Escrow: S 5,589.86
Taxes $ 1,364.92
Hazard Insurance S$ 3,078.09
Flood Insurance S 0.00
Mortgage Insurance Premium S$ 1,146.85
d) Pre-Acceleration Late Charges $ 157.86
e) Title Search and Review $ 325.00
£) Property Inspections $ 0.00
g) Non-Sufficient Funds $ 0.00
h) Interest on Advances $ 0.00
1) Brokers Price Opinion $ 0.00
J) Bankruptcy Fees and Costs $ 0.00
k) Property Preservation S$ 15.00
1) Escrow/Suspense Credit - § 0.00
4. On account of Defendants default under the note and mortgage sued
upon herein, Plaintiff retained its attorney of record and
instructed the filing of this action and agreed, bound and
obligated itself to pay said attorney for his/her services on its
behalf such sum as the Court shall adjudge to be reasonable.
KER] SELMAN, ASSISTANT VICE P
Affiant
KATHY REPKA
Sworn £o and subscribed before me, My Commission Expires
thi day : , ~200-—~ November 14, 2010
Notary Publi Stat
Commissioned Name v Notary Public _ ATHYREPKA
Personally known or produced identification
Type of Identification Produced
07-09976IN THE CIRCUIT COURT OF THE
COUNTRY WIDE HOME LOANS, INC., 12TH JUDICIAL CIRCUIT, IN AND FOR
Plaintiff, SARASOTA COUNTY, FLORIDA
VS. CIVIL DIVISION
SARAH KIRCHNER, et al, CASE NO.: 2007-CA-007969-SC
Defendants.
AFFIDAVIT OF TIME AND EFFORT
STATE OF FLORIDA
COUNTY OF BROWARD
BEFORE me, the undersigned authority, personally appeared
Courtney Bannan who, having been duly sworn, deposes and says:
That, he/she is employed as an attorney at the Law Offices of Marshall C. Watson, P.A, that as attorney for
Plaintiff in the above styled action, affiant has expended times as follows:
Review information received from client 1.00 hours
Preparation of Lis Pendens, Complaint, Summons, and Civil Cover Sheet 1.25 hours
Review of returns of Service .50 hours
Review correspondence, and miscellaneous telephone communications and
memorandum to our client 1.00 hours
Preparation of Motion for Summary Final Judgment of Foreclosure, Affidavit as to
- Indebtedness, Attorney’s Fee Affidavit, Affidavit of Time and Effort, Notice of
Hearing, Proposed Final Judgment, Proposed Notice of Sale and Final Disposition Form 2.25 hours
Attend Final Hearing (estimate) 1.00 hours
- Preparation of Final Package to Court 1.00 hours
Total 8.00 hours
The Law Offices of Marshall C. Watson, P.A has agreed to charge a flat-fee of $1,200.00 for services
rendered as described above. Affiant certifies that there are no reasons for either reduction or enhancement
of the fee pursuant to Florida Patients’ Compensation Fund v. Rowe, 472 So.2d 1145 (Fla, 1985).
FURTHER AFFIANT SAYETH NAUGHT
rd
y |
Sworn to a bscribed before f
me, this in RV , 2007
hin
ROXANA BOYCO ts
Me, — Notary Public - State of Flo
A - My Commission Expires Apr 13, 2010
AR Ys ~~ Commission # DD 540479
nS EERR” Bonded by National Notary Assn.
Notary Public, State of
Commissioned Name of Notary Public
Personally known or produced identificati
Type of Identification Produced
07-09976COUNTRY WIDE HOME LOANS, INC., IN THE CIRCUIT COURT OF THE
Plaintiff, 12TH JUDICIAL CIRCUIT, IN AND FOR
vs. SARASOTA COUNTY, FLORIDA
SARAH KIRCHNER, et al, CIVIL DIVISION
Defendants. CASE NO.: 2007-CA-007969-SC
AFFIDAVIT AS TO ATTORNEY’S FEES
STATE OF FLORIDA _)SS:
COUNTY OF BROWARD )
BEFORE me, the undersigned authority, personally appeared ANTHONY LEPORE, ESQ, who
being duly sworn, deposes and says:
1. Iam an attorney licensed to practice in the State of Florida and I have practiced law in
BROWARD County, Florida, for 12 years.
2. Plaintiff has made its file available for review in this action, and I have conferred with said
counsel regarding the services rendered by him/her herein.
3. In my opinion, a flat-fee arrangement of $1,200.00 by said counsel from inception to completion
is adequate, and customary.
4. Ihave evaluated the factors checked below in determining my opinion of a reasonable attorney’s
fees as stated above:
X a) The time and labor required, the novelty, complexity and difficulty of the
questions involved, and the skill required to perform the legal service
properly.
X b) The likelihood that the acceptance of the particular employment will preclude
other employment by the lawyer.
xX c) The fee, or rate of fee, customarily charged in this locality for legal services
of a comparable or a similar nature.
07-09976X d._ The significance of, or amount involved in, the subject matter of the representation, the
responsibility involved in the representation, and the results obtained.
X e. The time limitations imposed by the client or by the circumstances and, as between attorney and
client, any additional or special time demands or requests of the attorney by the client.
X f. The nature and length of the professional relationship between said counsel and the client.
X g. The experience, reputation, diligence and ability of Plaintiff s attorney and the skill, expertise, or
efficiency of effort reflected in the actual providing of such services.
X h. The fact that the fee is fixed and not contingent and the fact that the client’s ability to pay did not
rest to any significant degree on the outcome of the representation.
FURTHER AFFIANT SAYETH NAUGHT.
Sworn to and subscribed before me
VAY. 207
This Z day of
x
wey. put, ROXANA BOYCO
Sc %.
¢% Notary Public - State of Florida
* [My Commission Expires Apr 13, 2010
Commission # DD 540479
Bonded by National Notary Assn.
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NOTARY PUBLIC, State of Florida
Commissioned Name of Notary public
Personally Known hy produced identification _
Type of identification produced
Preview
COUNTRY WIDE HOME LOANS, INC., VS. SARAH SPOUSE OF SARAH KIRCHNER; JOHN JANE DOE AS UNKNOWN TENANT (S) IN POSSESSION OF THE SUBJECT PROPERTY, DOE; IN THE CIRCUIT COURT OF THE 12TH JUDICIAL CIRCUIT, IN AND FOR SARASOTA COUNTY, FLORIDA CIVIL DIVISION CASE NO.: 2007-CA-007969-SC MOTION FOR SUMMARY FINAL JUDGMENT OF FORECLOSURE Plaintiff, COUNTRYWIDE HOME LOANS, INC., moves the Court for entry of a Summary Final - Judgment of Foreclosure including an award of attorney's fees to Plaintiff on the grounds that Plaintiff is entitled to such a Final Judgment as a matter of law. The substantial matter of law to be argued is the - priority of the lien of Plaintiffs mortgage over the interest of all other Defendants in the real property encumbered by said mortgage and Plaintiff's entitlement to an award of attorney’s fees. In support of this motion, Plaintiff shows the Court: Florida, the legal description of which is set forth in the Complaint. OZ m2 ye m3 t : ~ 7 TT ptt meth C3 ‘> aad s~ CPS Tae CS 3 OI 235° 23 , Tt) re Cc) a i =O? c) = "O 3 om > tal The provisions of the note and mortgage being sued upon in this action confer upon Plaintiff the right to accelerate all sums due thereunder upon the default thereof, and the right to foreclose all interests in the encumbered property which are inferior to the lien of said mortgage. Hubbard v. Highland Realty & Inv. Co., 156 So. 322 (Fla. 1934); Campbell v. Werner, 232 So. 2d 252 (Fla.3d D.C.A. 1970). The provisions of said note and mortgage also provide for an award of attorneys fees to Plaintiff in the event of the filing of an action for foreclosure. 3. The pleadings and exhibits filed herein, as well as Plaintiff's affidavit in support hereof, establish that Plaintiffs mortgage is a purchase money mortgage or was recorded prior to the recording of the instruments creating the liens in favor of those Defendants who claim an interest in the real property encumbered by the mortgage. Therefore, any such interest, which may be vested in the 07-09976 iiititinamn —~,aforesaid Defendants, is subordinate and inferior to the lien of Plaintiff's mortgage. Sarmiento v. Stockton, Whatley, Davin & Co., Inc., 399 So. 2d 1057 (Fla. 3d DCA 1981), United States v. First Federal Savings and Loan Association of St. Petersburg, 155 So. 2d 192 (Fla. 2d DCA 1963). WHEREFORE, Plaintiff respectfully requests this Court grant its Motion for Summary Final Judgment of Mortgage Foreclosure including an award of attorney's fees and for such further relief as the Court deems just and proper. I HEREBY CERTIFY that a true copy of the foregoing Motion for Summary Judgment, and the following supporting affidavits: Time & Effort, “Ee Fees, Indebtedness, Cost were delivered to the parties on the attached mailing list by mail this day of , 2007. Law Offices of Marshall C. Watson, P.A. 1800 N.W. 49" Street, Suite 120 Fort Lauderdale, Fi 33309 Telephone: (954) 453-0365/1-800-441-2438 Facsimile: (954) 771-6052 By: 07-09976MAILING LIST Case No.: 2007-CA-007969-SC SARAH KIRCHNER UNKNOWN SPOUSE OF SARAH KIRCHNER 1125 COHANNET ST TAUNTON, MA 02780 JANE DOE A/K/A WENDY MINER JOHN DOE A/K/A SCOTT MINER 3633 ENID LANE NORTH PORT, FL 34288 07-09976IN THE CIRCUIT COURT OF THE COUNTRY WIDE HOME LOANS, INC., 12TH JUDICIAL CIRCUIT, IN AND FOR Plaintiff, SARASOTA COUNTY, FLORIDA VS. CIVIL DIVISION SARAH KIRCHNER, et al, CASE NO.: 2007-CA-007969-SC Defendants. AFFIDAVIT OF COSTS STATE OF FLORIDA COUNTY OF BROWARD BEFORE me, the undersigned authority, personally appeared Courtney Bannan, Esq., who being duly sworn, deposes and says: 1. He/She is attorney of record for the Plaintiff in the above styled action and that he/she ts authorized to make this affidavit and makes this Affidavit based on his/her own personal knowledge. 2. Plaintiff has expended the following costs in the above foreclosure action: Filing Fee $ 255.00 Service of Process S 660.00 TOTAL $ 915.00 FURTHER AFFIANT SAYETH NAUGHT Courtney Ban Bar No.: 703931 Sworn to and s me, this SAY Bel, ROXANA BOYCO ee Notary Public - State of Florida * My Commission Expires Apr 13, 2010 ae Commission # DD 540479 Bonded by National Notary Assn. scribed before ay of , 2007 Notary Public, State of Commissioned Name ” Notary Public Personally known or produced identifict Type of Identification Produced 07-09976COUNTRYWIDE HOME LOANS, INC., IN THE CIRCUIT COURT OF THE Plaintiff, 1l2TH JUDICIAL CIRCUIT, IN AND FOR vs. SARASOTA COUNTY, FLORIDA SARAH KIRCHNER, et al, CIVIL DIVISION Defendants. CASE NO.: 2007-CA-007969-SC AFFIDAVIT OF INDEBTEDNESS Lapa STATE OF sis) mR hs, BEFORE me, personally appeared KERISEL MAR ' who, after first duly sworn, deposes and says: 1. Affiant is an employee of the servicing agent of the Plaintiff and 1s personally familiar with the loan, which is owned by the Plaintiff and is subject matter of this action. The information hereinafter given as to the indebtedness arising by virtue of the execution of the note and mortgage sued upon in this action is contained in the original books and records maintained in the office of said servicing agent. Affiant has personal knowledge of the books and records of the servicing agent and how they are Maintained as they relate to the mortgage loan owned by Plaintiff. These books and records include data compilations of the payments, including escrow payments and advances made and received on the mortgage loan in question, and are kept in the course of a regularly conducted business activity by said servicing agent. The entries are made at or near the time each payment is received by persons with knowledge of the information being recorded. It is the regular practice of said servicing agent to make these entries at the time the payments are received. Affiant has actual and personal knowledge of the facts Stated herein and is authorized to make this Affidavit. 2. The allegations of the Complaint filed in this action are true and correct. 07-099763. There is now due and owing to the Plaintiff upon said note and mortgage the following amounts: a) Principal Balance on the note and mortgage S$ 309,268.16 b) Accrued interest through from 2/1/07 to 10/8/07 (per diem: $ 51.89) S 12,991.40 c) Escrow: S 5,589.86 Taxes $ 1,364.92 Hazard Insurance S$ 3,078.09 Flood Insurance S 0.00 Mortgage Insurance Premium S$ 1,146.85 d) Pre-Acceleration Late Charges $ 157.86 e) Title Search and Review $ 325.00 £) Property Inspections $ 0.00 g) Non-Sufficient Funds $ 0.00 h) Interest on Advances $ 0.00 1) Brokers Price Opinion $ 0.00 J) Bankruptcy Fees and Costs $ 0.00 k) Property Preservation S$ 15.00 1) Escrow/Suspense Credit - § 0.00 4. On account of Defendants default under the note and mortgage sued upon herein, Plaintiff retained its attorney of record and instructed the filing of this action and agreed, bound and obligated itself to pay said attorney for his/her services on its behalf such sum as the Court shall adjudge to be reasonable. KER] SELMAN, ASSISTANT VICE P Affiant KATHY REPKA Sworn £o and subscribed before me, My Commission Expires thi day : , ~200-—~ November 14, 2010 Notary Publi Stat Commissioned Name v Notary Public _ ATHYREPKA Personally known or produced identification Type of Identification Produced 07-09976IN THE CIRCUIT COURT OF THE COUNTRY WIDE HOME LOANS, INC., 12TH JUDICIAL CIRCUIT, IN AND FOR Plaintiff, SARASOTA COUNTY, FLORIDA VS. CIVIL DIVISION SARAH KIRCHNER, et al, CASE NO.: 2007-CA-007969-SC Defendants. AFFIDAVIT OF TIME AND EFFORT STATE OF FLORIDA COUNTY OF BROWARD BEFORE me, the undersigned authority, personally appeared Courtney Bannan who, having been duly sworn, deposes and says: That, he/she is employed as an attorney at the Law Offices of Marshall C. Watson, P.A, that as attorney for Plaintiff in the above styled action, affiant has expended times as follows: Review information received from client 1.00 hours Preparation of Lis Pendens, Complaint, Summons, and Civil Cover Sheet 1.25 hours Review of returns of Service .50 hours Review correspondence, and miscellaneous telephone communications and memorandum to our client 1.00 hours Preparation of Motion for Summary Final Judgment of Foreclosure, Affidavit as to - Indebtedness, Attorney’s Fee Affidavit, Affidavit of Time and Effort, Notice of Hearing, Proposed Final Judgment, Proposed Notice of Sale and Final Disposition Form 2.25 hours Attend Final Hearing (estimate) 1.00 hours - Preparation of Final Package to Court 1.00 hours Total 8.00 hours The Law Offices of Marshall C. Watson, P.A has agreed to charge a flat-fee of $1,200.00 for services rendered as described above. Affiant certifies that there are no reasons for either reduction or enhancement of the fee pursuant to Florida Patients’ Compensation Fund v. Rowe, 472 So.2d 1145 (Fla, 1985). FURTHER AFFIANT SAYETH NAUGHT rd y | Sworn to a bscribed before f me, this in RV , 2007 hin ROXANA BOYCO ts Me, — Notary Public - State of Flo A - My Commission Expires Apr 13, 2010 AR Ys ~~ Commission # DD 540479 nS EERR” Bonded by National Notary Assn. Notary Public, State of Commissioned Name of Notary Public Personally known or produced identificati Type of Identification Produced 07-09976COUNTRY WIDE HOME LOANS, INC., IN THE CIRCUIT COURT OF THE Plaintiff, 12TH JUDICIAL CIRCUIT, IN AND FOR vs. SARASOTA COUNTY, FLORIDA SARAH KIRCHNER, et al, CIVIL DIVISION Defendants. CASE NO.: 2007-CA-007969-SC AFFIDAVIT AS TO ATTORNEY’S FEES STATE OF FLORIDA _)SS: COUNTY OF BROWARD ) BEFORE me, the undersigned authority, personally appeared ANTHONY LEPORE, ESQ, who being duly sworn, deposes and says: 1. Iam an attorney licensed to practice in the State of Florida and I have practiced law in BROWARD County, Florida, for 12 years. 2. Plaintiff has made its file available for review in this action, and I have conferred with said counsel regarding the services rendered by him/her herein. 3. In my opinion, a flat-fee arrangement of $1,200.00 by said counsel from inception to completion is adequate, and customary. 4. Ihave evaluated the factors checked below in determining my opinion of a reasonable attorney’s fees as stated above: X a) The time and labor required, the novelty, complexity and difficulty of the questions involved, and the skill required to perform the legal service properly. X b) The likelihood that the acceptance of the particular employment will preclude other employment by the lawyer. xX c) The fee, or rate of fee, customarily charged in this locality for legal services of a comparable or a similar nature. 07-09976X d._ The significance of, or amount involved in, the subject matter of the representation, the responsibility involved in the representation, and the results obtained. X e. The time limitations imposed by the client or by the circumstances and, as between attorney and client, any additional or special time demands or requests of the attorney by the client. X f. The nature and length of the professional relationship between said counsel and the client. X g. The experience, reputation, diligence and ability of Plaintiff s attorney and the skill, expertise, or efficiency of effort reflected in the actual providing of such services. X h. The fact that the fee is fixed and not contingent and the fact that the client’s ability to pay did not rest to any significant degree on the outcome of the representation. FURTHER AFFIANT SAYETH NAUGHT. Sworn to and subscribed before me VAY. 207 This Z day of x wey. put, ROXANA BOYCO Sc %. ¢% Notary Public - State of Florida * [My Commission Expires Apr 13, 2010 Commission # DD 540479 Bonded by National Notary Assn. ¢, %, ‘oO tay 4, qusteds e & 3 Me “1, 1 as a NOTARY PUBLIC, State of Florida Commissioned Name of Notary public Personally Known hy produced identification _ Type of identification produced