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REOURDED IN UFPICTAL RECCADS
INSTRUMENT # 2008079202 5 PED
° 2008 JUN 10 02:52 PM
KAREN E. RUSHING
CLERK OF THE CIRCUIT COURT
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT SARASOTA COUNTY.FLORIDA
IN AND FOR SARASOTA COUNTY, FLORIDA SIVES Rereipttios6790
CIVIL ACTION
DEUTSCHE BANK NATIONAL TRUST COMPANY
AS TRUSTEE UNDER THE POOLING AND
series ET
Plaintiff,
CASE NO. 2007-CA-008059-NC /
VS. DIVISION C
SPACE FOR RECORDING ONLY F.S.§695.26
B JASON HARWELL; THE UNKNOWN SPOUSE OF B JASON
HARWELL N/K/A CHRISTINE HARWELL; TOM CLAY HILL;
Defendant(s).
/
AMENDED FINAL SUMMARY JUDGMENT OF MORTGAGE FORECLOSURE
THIS CAUSE having come to be heard on the MOTION TO AMEND FINAL SUMMARY JUDGMENT
AND RESCHEDULE FORECLOSURE SALE filed on behalf of DEUTSCHE BANK NATIONAL TRUST
COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF INABS 2005-
A, hereinafter referred to as Plaintiff, and the Court having reviewed the pleadings and affidavits filed by Plaintiff,
having heard argument of counsel, and being otherwise fully advised in the premises:
ORDERS AND ADJUDGES as follows:
l. Service of process has been duly and regularly obtained over B JASON HARWELL; THE
UNKNOWN SPOUSE OF B JASON HARWELL N/K/A CHRISTINE HARWELL; TOM CLAY HILL; hereinafter
referred to as "Defendants."
2. The equities of this action are in favor of Plaintiff, Plaintiff is entitled to foreclose and enforce the
Mortgage Note and Mortgage. Plaintiff is due:
FILE NUMBER: F07022552 DOC_!ID: M002401
a 1
CitroenUNPAID PRINCIPAL BALANCE $494,687.92
INTEREST THROUGH May 22, 2008 106,872.97
PRE-ACCELERATED LATE CHARGES 452.70
THROUGH June 28, 2007
PROPERTY INSPECTIONS 85.50
TAXES 17,057.14
INSURANCE 19,998.54
BPO/APPRAISALS 570.00
TITLE SEARCH EXPENSES 175.00
TITLE EXAMINATION FEE 150.00
FILING FEE 263.00
INVESTIGATION/SERVICE OF PROCESS 570.00
Publication Notice of Sale 220.00
ATTORNEY'S FEE 1,200.00
AMENDED JUDGMENT TOTAL $642,302.77
3. The Court finds, based upon Florida Statutes §702.065(2) (2006), the affidavits filed herein,
inquiry of counsel for Plaintiff, and upon consideration of the legal services rendered, the complexity of the
foreclosure action, the amount of time and labor reasonably expended by lawyers in the community in prosecuting
routine mortgage foreclosure actions, Florida Default Law Group, P.L.'s, flat fee agreement with its client and
Florida law, that the flat fee sought by Florida Default Law Group, P.L., is reasonable and awards a flat fee ofOne
thousand, Two hundred and 00/100 Dollars ($1,200.00).
A. Plaintiff holds a lien for the total sums set forth in Paragraph 2 superior to any claims, interests or
estates of Defendant(s) B JASON HARWELL; THE UNKNOWN SPOUSE OF B JASON HARWELL N/K/A
CHRISTINE HARWELL; TOM CLAY HILL; and any person or entities claiming by, through, under or against these
defendant(s), with the exception of any special assessments that are superior pursuant to Florida Statutes §159 (2006)
and/or Florida Statutes §170.09 (2006), on the following-described property located and situated in SARASOTA
County, Florida:
LOT 4, SORRENTO SHORES, UNIT NO. 3, A SUBDIVISION ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 17,PAGES 10 AND 10A, OF THE PUBLIC RECORDS
OF SARASOTA COUNTY, FLORIDA.
A/K/A 117 TINA ISLAND DRIVE, OSPREY, FL 34229
DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF INABS 2005-A vs.
B JASON HARWELL, ET AL
CASE NO. 2007-CA-008059-NC
Page5. If the total sum set forth in Paragraph 2, with interest at the rate prescribed by law (which is 11
percent per annum) and all costs of this action accruing subsequent to this Judgment, is not paid prior to the
scheduled public sale, the Clerk of this Court shall sell the property described in Paragraph4 at a public sale on
, 2008, at 8:30AM, to the highest bidder for cash, except as hereinafter set forth, at
RASOTA COUNTY COURTHOUSE, 2000 MAIN STREET, Historic Courtroom, East Wing, SARASOTA,
FLORIDA 34237 in SARASOTA County, Florida in accordance with Florida Statutes §45.031 (2006). The Clerk
shall set a sale date between 20 to 35 days from the date of this Judgment.
6. Plaintiff shall advance all subsequent costs of this action in addition to any advances made to preserve
its collateral and shall be reimbursed, without further Order of the Court, by the Clerk if Plaintiff is not the purchaser of
the property. If Plaintiff is the purchaser, the bid may be assigned without further Order of this Court and the Clerk
shall credit the Plaintiff's bid with the total sum set forth in Paragraph 2 above, together with interest as prescribed by
law and costs accruing subsequent to this judgment as is necessary to pay the bid in full.
7. On filing the Certificate of Title with respect to the property described in Paragraph 4, the Clerk shall
distribute the proceeds of the sale, so far as they are sufficient, by paying: first, all of Plaintiffs costs; second,
documentary stamps affixed to the Certificate if Plaintiff is the successful bidder; third, Plaintiffs attorney's fees; fourth,
the total sum due to Plaintiff, as set forth in Paragraph 2, less the items paid, plus interest at the rate prescribed by law
from this date to the date of the sale to Plaintiff. The Clerk shall retain any amount remaining pending the further Order
of this Court. Any amounts so retained are to be distributed to each Defendant, as determined by Order of this Court.
8. The successful bidder and purchaser at the foreclosure sale of the real property being foreclosed shall
pay, in addition to the amount bid, any documentary stamps and Clerk's fee relating to the issuance of the Certificate of
Title to be issued by the Clerk to the successful bidder and purchaser. At the time of the sale the successful high bidder
shall post with the Clerk a deposit equal to five percent (5%) of the final bid. The deposit shall be applied to the sale
price at the time of payment. If final payment is not made within the prescribed period, the Clerk shall re-advertise the
sale as provided in this section, and pay all costs of the sale from the deposit. Any remaining funds shall be applied
DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF INABS 2005-A vs.
B JASON HARWELL, ET AL
CASE NO. 2007-CA-008059-NC
Pagetoward the Judgment.
9, 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 this 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.
10. 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, SARASOTA
County, PO Box 3079, ATT Room 225, Sarasota, FL 34230
MAILING ADDRESS: 2000 Main Street, Sarasota, FL 34237, , , Phone: 941-861-7400, 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 Gulfcoast Legal Services, Inc. - Sarasota Office (941)366-1746, Legal Aid of
Manasota, Inc. - Sarasota Office (941)366-0038, Legal Aid of Manasota, Inc. - Venice Office (941)492-4631, 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 Gulfcoast Legal Services, Inc. - Sarasota
Office (941)366-1746, Legal Aid of Manasota, Inc. - Sarasota Office (941)366-0038, Legal Aid of Manasota, Inc. -
Venice Office (941)492-4631, for assistance, you should do so as soon as possible after receipt of this notice.
11. On filing the Certificate of Sale Defendants' Right of Redemption as prescribed by Florida Statutes
§45.0315 (2006), shall be terminated. On filing the Certificate of Title with respect to the property described in
Paragraph 4 above, the Defendants named herein, and all persons claiming by, through, under or against them since
DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF INABS 2005-A VS.
B JASON HARWELL, ET AL
CASE NO. 2007-CA-008059-NC
Pagethe filing of Notice of Lis Pendens in this action, are foreclosed of all estate, interest or claim in the property described
in Paragraph 4, and the purchaser or purchasers at the sale shall be let into possession of the property. The Clerk of the
Circuit Court is Ordered to issue a Writ of Possession upon demand by the purchaser or purchasers.
12. Jurisdiction over this action is retained to enter such further Orders to give Plaintiff adequate and
complete relief as may be necessary and proper, including the entry of a deficiency decree if Plaintiff is not limited to in
rem stay relief in an active bankruptcy case and/or if borrower(s) has not been discharged in bankruptcy or
constructively served, together with additional attorney's fees, if appropriate.
y g y pprop
DONE AND ORDERED in Chambers, in SARASOTA County,
- , 2008.
Copies furnished to:
Jonathan W. Mesker, Esquire
Florida Default Law Group, P.L.
P.O. Box 25018
Tampa, Florida 33622-5018
B JASON HARWELL
8345 Bluffview Way
Colorado Springs, CO 80919
THE UNKNOWN SPOUSE OF B JASON HARWELL N/K/A CHRISTINE HARWELL
8345 Bluffview Way
Colorado Springs, CO 80919
TOM CLAY HILL
58 County Road 17
Kremmling, CO 80459-9630
F07022552, Case No. 2007-CA-008059-NC, F IDINDYMAC-CONV-B-rharnig
DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF INABS 2005-A vs.
B JASON HARWELL, ET AL
CASE NO. 2007-CA-008059-NC
Page
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REOURDED IN UFPICTAL RECCADS INSTRUMENT # 2008079202 5 PED ° 2008 JUN 10 02:52 PM KAREN E. RUSHING CLERK OF THE CIRCUIT COURT IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT SARASOTA COUNTY.FLORIDA IN AND FOR SARASOTA COUNTY, FLORIDA SIVES Rereipttios6790 CIVIL ACTION DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND series ET Plaintiff, CASE NO. 2007-CA-008059-NC / VS. DIVISION C SPACE FOR RECORDING ONLY F.S.§695.26 B JASON HARWELL; THE UNKNOWN SPOUSE OF B JASON HARWELL N/K/A CHRISTINE HARWELL; TOM CLAY HILL; Defendant(s). / AMENDED FINAL SUMMARY JUDGMENT OF MORTGAGE FORECLOSURE THIS CAUSE having come to be heard on the MOTION TO AMEND FINAL SUMMARY JUDGMENT AND RESCHEDULE FORECLOSURE SALE filed on behalf of DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF INABS 2005- A, hereinafter referred to as Plaintiff, and the Court having reviewed the pleadings and affidavits filed by Plaintiff, having heard argument of counsel, and being otherwise fully advised in the premises: ORDERS AND ADJUDGES as follows: l. Service of process has been duly and regularly obtained over B JASON HARWELL; THE UNKNOWN SPOUSE OF B JASON HARWELL N/K/A CHRISTINE HARWELL; TOM CLAY HILL; hereinafter referred to as "Defendants." 2. The equities of this action are in favor of Plaintiff, Plaintiff is entitled to foreclose and enforce the Mortgage Note and Mortgage. Plaintiff is due: FILE NUMBER: F07022552 DOC_!ID: M002401 a 1 CitroenUNPAID PRINCIPAL BALANCE $494,687.92 INTEREST THROUGH May 22, 2008 106,872.97 PRE-ACCELERATED LATE CHARGES 452.70 THROUGH June 28, 2007 PROPERTY INSPECTIONS 85.50 TAXES 17,057.14 INSURANCE 19,998.54 BPO/APPRAISALS 570.00 TITLE SEARCH EXPENSES 175.00 TITLE EXAMINATION FEE 150.00 FILING FEE 263.00 INVESTIGATION/SERVICE OF PROCESS 570.00 Publication Notice of Sale 220.00 ATTORNEY'S FEE 1,200.00 AMENDED JUDGMENT TOTAL $642,302.77 3. The Court finds, based upon Florida Statutes §702.065(2) (2006), the affidavits filed herein, inquiry of counsel for Plaintiff, and upon consideration of the legal services rendered, the complexity of the foreclosure action, the amount of time and labor reasonably expended by lawyers in the community in prosecuting routine mortgage foreclosure actions, Florida Default Law Group, P.L.'s, flat fee agreement with its client and Florida law, that the flat fee sought by Florida Default Law Group, P.L., is reasonable and awards a flat fee ofOne thousand, Two hundred and 00/100 Dollars ($1,200.00). A. Plaintiff holds a lien for the total sums set forth in Paragraph 2 superior to any claims, interests or estates of Defendant(s) B JASON HARWELL; THE UNKNOWN SPOUSE OF B JASON HARWELL N/K/A CHRISTINE HARWELL; TOM CLAY HILL; and any person or entities claiming by, through, under or against these defendant(s), with the exception of any special assessments that are superior pursuant to Florida Statutes §159 (2006) and/or Florida Statutes §170.09 (2006), on the following-described property located and situated in SARASOTA County, Florida: LOT 4, SORRENTO SHORES, UNIT NO. 3, A SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17,PAGES 10 AND 10A, OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA. A/K/A 117 TINA ISLAND DRIVE, OSPREY, FL 34229 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF INABS 2005-A vs. B JASON HARWELL, ET AL CASE NO. 2007-CA-008059-NC Page5. If the total sum set forth in Paragraph 2, with interest at the rate prescribed by law (which is 11 percent per annum) and all costs of this action accruing subsequent to this Judgment, is not paid prior to the scheduled public sale, the Clerk of this Court shall sell the property described in Paragraph4 at a public sale on , 2008, at 8:30AM, to the highest bidder for cash, except as hereinafter set forth, at RASOTA COUNTY COURTHOUSE, 2000 MAIN STREET, Historic Courtroom, East Wing, SARASOTA, FLORIDA 34237 in SARASOTA County, Florida in accordance with Florida Statutes §45.031 (2006). The Clerk shall set a sale date between 20 to 35 days from the date of this Judgment. 6. Plaintiff shall advance all subsequent costs of this action in addition to any advances made to preserve its collateral and shall be reimbursed, without further Order of the Court, by the Clerk if Plaintiff is not the purchaser of the property. If Plaintiff is the purchaser, the bid may be assigned without further Order of this Court and the Clerk shall credit the Plaintiff's bid with the total sum set forth in Paragraph 2 above, together with interest as prescribed by law and costs accruing subsequent to this judgment as is necessary to pay the bid in full. 7. On filing the Certificate of Title with respect to the property described in Paragraph 4, the Clerk shall distribute the proceeds of the sale, so far as they are sufficient, by paying: first, all of Plaintiffs costs; second, documentary stamps affixed to the Certificate if Plaintiff is the successful bidder; third, Plaintiffs attorney's fees; fourth, the total sum due to Plaintiff, as set forth in Paragraph 2, less the items paid, plus interest at the rate prescribed by law from this date to the date of the sale to Plaintiff. The Clerk shall retain any amount remaining pending the further Order of this Court. Any amounts so retained are to be distributed to each Defendant, as determined by Order of this Court. 8. The successful bidder and purchaser at the foreclosure sale of the real property being foreclosed shall pay, in addition to the amount bid, any documentary stamps and Clerk's fee relating to the issuance of the Certificate of Title to be issued by the Clerk to the successful bidder and purchaser. At the time of the sale the successful high bidder shall post with the Clerk a deposit equal to five percent (5%) of the final bid. The deposit shall be applied to the sale price at the time of payment. If final payment is not made within the prescribed period, the Clerk shall re-advertise the sale as provided in this section, and pay all costs of the sale from the deposit. Any remaining funds shall be applied DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF INABS 2005-A vs. B JASON HARWELL, ET AL CASE NO. 2007-CA-008059-NC Pagetoward the Judgment. 9, 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 this 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. 10. 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, SARASOTA County, PO Box 3079, ATT Room 225, Sarasota, FL 34230 MAILING ADDRESS: 2000 Main Street, Sarasota, FL 34237, , , Phone: 941-861-7400, 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 Gulfcoast Legal Services, Inc. - Sarasota Office (941)366-1746, Legal Aid of Manasota, Inc. - Sarasota Office (941)366-0038, Legal Aid of Manasota, Inc. - Venice Office (941)492-4631, 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 Gulfcoast Legal Services, Inc. - Sarasota Office (941)366-1746, Legal Aid of Manasota, Inc. - Sarasota Office (941)366-0038, Legal Aid of Manasota, Inc. - Venice Office (941)492-4631, for assistance, you should do so as soon as possible after receipt of this notice. 11. On filing the Certificate of Sale Defendants' Right of Redemption as prescribed by Florida Statutes §45.0315 (2006), shall be terminated. On filing the Certificate of Title with respect to the property described in Paragraph 4 above, the Defendants named herein, and all persons claiming by, through, under or against them since DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF INABS 2005-A VS. B JASON HARWELL, ET AL CASE NO. 2007-CA-008059-NC Pagethe filing of Notice of Lis Pendens in this action, are foreclosed of all estate, interest or claim in the property described in Paragraph 4, and the purchaser or purchasers at the sale shall be let into possession of the property. The Clerk of the Circuit Court is Ordered to issue a Writ of Possession upon demand by the purchaser or purchasers. 12. Jurisdiction over this action is retained to enter such further Orders to give Plaintiff adequate and complete relief as may be necessary and proper, including the entry of a deficiency decree if Plaintiff is not limited to in rem stay relief in an active bankruptcy case and/or if borrower(s) has not been discharged in bankruptcy or constructively served, together with additional attorney's fees, if appropriate. y g y pprop DONE AND ORDERED in Chambers, in SARASOTA County, - , 2008. Copies furnished to: Jonathan W. Mesker, Esquire Florida Default Law Group, P.L. P.O. Box 25018 Tampa, Florida 33622-5018 B JASON HARWELL 8345 Bluffview Way Colorado Springs, CO 80919 THE UNKNOWN SPOUSE OF B JASON HARWELL N/K/A CHRISTINE HARWELL 8345 Bluffview Way Colorado Springs, CO 80919 TOM CLAY HILL 58 County Road 17 Kremmling, CO 80459-9630 F07022552, Case No. 2007-CA-008059-NC, F IDINDYMAC-CONV-B-rharnig DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF INABS 2005-A vs. B JASON HARWELL, ET AL CASE NO. 2007-CA-008059-NC Page