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IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR
SAINT LUCIE COUNTY, FLORIDA
SANTANDER BANK, N.A.
Plaintiff(s), CASE NO.: 2015CA000889
Vv.
GIROLAMO RUSSO; MELISSA D. RUSSO A/K/A MELISSA RUSSO; ANY AND ALL
UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER, OR AGAINST THE HEREIN
NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE,
WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS,
DEVISEES, GRANTEES, OR OTHER CLAIMANTS, UNKNOWN TENANT(S) N/K/A JUSTIN
MCMULLEN and UNKNOWN TENANT II N/K/A JOSH PARIS whose names are fictitious to
account for parties in possession
Defendant(s)
/
CONSENT FINAL JUDGMENT OF FORECLOSURE
This action was heard before the court on August 12, 2016, for Non-Jury Trial and on the
evidence presented and being otherwise duly advised in the premises,
IT IS ADJUDGED that:
1. Final Judgment. Plaintiff is entitled to entry of final judgment.
2. Amounts Due. Plaintiff, SANTANDER BANK, N.A., 601 Penn Street, Reading, PA
19601, is due:
Principal $ 176,156.85
Interest on the note and mortgage from 02/01/2012 to 08/12/2016 $ 15,359.54
Per diem interest at 2% ($ 8.91 per day) $ 0.00
Title search expense $150.00
Taxes $8,026.45
Hazard Insurance $19,516.64
Water/Sewer $130.90
Attorneys’ fees
Finding as to reasonable flat fee $9,035.00
Additional Attorney Fees $0.00
Attorneys’ fees total $9,035.00
Court Costs:
Filing Fee $1,091.03
Service of Process at $55.00 per defendant $275.00
Additional Costs: .
Late Charges $80.22
Property Inspections $407.75
Tax Certification $100.00
St. Lucie County File Date: 08/12/2016 17:01 PM
St. Lucie County File Date: 08/12/2016 05:01 PMSubtotal (if applicable) $230,329.38
LESS: Escrow balance $0.00
LESS: Unearned insurance premiums $0.00
LESS: Other $0.00
TOTAL $230,329.38
3. Interest. The total amount in paragraph 2 shall bear interest from this date forward at the
prevailing statutory rate of interest.
4, Lien on Property. Plaintiff holds a lien for the total sum superior to all claims or estates of
defendant(s), (with the exception of any assessments that are superior pursuant to Section
718.116, or 720.3085, Florida Statutes) on the following described property in SAINT LUCIE
County, Florida:
LOT 36, BLOCK 2368, OF PORT ST. LUCIE SECTION THIRTY-FOUR,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15,
PAGES 9, 9A, THROUGH 9W, OF THE PUBLIC RECORDS OF ST. LUCIE
COUNTY, FLORIDA
Property address: 391 SW SOUTH QUICK CIR
PORT SAINT LUCIE, FL 34953-7600
5. Sale of Property. If the total sum with interest at the rate described in paragraph 2 and all
costs accrued subsequent tg this judgment are not paid, the clerk of this court shall sell the
property at public sale on. | pt | 4 , 2016, to the highest bidder for cash, except as
escribed in paragraph 6,"‘by electronic sale at www.stlucie.clerkauction.com beginning at
00 a.m. in accordance with section 45.031, Florida Statutes. The public sale shall not be
‘stponed or canceled without a court order. All orders postponing or canceling the sale
must be filed with the clerk of court no later than 5:00 p.m. five (5) business days before
the sale date. Counsel for plaintiff must be certain that all sale and clerk fees are paid
and that the original proof of publication is filed no less than five (5) business days before
the sale date. Failure to timely file the original proof of publication of the notice of sale
and pay the sale and clerk fees will stop the sale. Additionally, the failure of plaintiff's
counsel to pay the sale fee and properly and timely publish the notice of sale ma} result
in sanctions against the plaintiff, plaintiff's counsel individually, and the Jaw firm
representing the plaintiff. Any electronic sale by the clerk shall be in accordance with the
written administrative policy for electronic sales published by the clerk at the official website
for the clerk and posted in the public areas of the clerk’s offices.
6. Costs. Plaintiff shall advance all subsequent costs of this action and shall be reimbursed for
them by the clerk if plaintiff is not the purchaser of the property for sale, provided, however,
that the purchaser of the property for sale shall be responsible for the documentary stamps
payable on the certificate of title. If plaintiff is the purchaser, plaintiff shall file an affidavit
within 5 business days and the clerk shall credit plaintiff's bid with the total sum with post-
judgment 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.
7. Distribution of Proceeds. 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 plaintiff's costs;
second, documentary stamps affixed to the certificate; third, plaintiff's attomeys’ fees; fourth,
the total sum due to plaintiff, less the items paid, plus interest at the rate prescribed in
2
St. Lucie County File Date: 08/12/2016 17:01 PM
St. Lucie County File Date: 08/12/2016 05:02 PMparagraph 2 from this date to the date of the sale; and by retaining any remaining amount
pending further order of this court.
8. Right of Redemption. On filing the certificate of sale, defendant(s) and all persons claiming
under or against defendant(s) since the filing of the notice of lis pendens shall be foreclosed of
all estate or claim in the property, except as to claims or rights under chapter 718 or chapter
720, Florida Statutes, if any.
9. Right of Possession. Upon filing of the certificate of title, the person named on the certificate
of title shall be let into possession of the property. If any defendant or tenant remains in
possession of the property, an Order Granting the Motion For Writ of Possession shall be
entered without further notice or hearing, subject to the purchaser’s compliance with Section
83.561, Florida Statutes.
10. Jurisdiction Retained. Jurisdiction of this action is retained to enter further orders that are
proper including, without limitation, a deficiency judgment, writs of possession and such
supplemental relief or judgments as may be appropriate.
11. Assignment. The Plaintiff may assign the judgment and/or credit bid by the filing of an
assignment without further Order of the Court.
12. Jurisdiction of this action is retained to enter further orders as are proper. Plaintiff agrees to
waive its rights to pursue a Deficiency Judgment against the Borrower, GIROLAMO RUSSO
in exchange for this consent to Final Judgment. An extended sale date of no less than 120 days
shall be set upon the entry of final judgment.
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 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU
WILL NOT BE ENTITLED TO ANY REMAINING FUNDS.
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, (INSERT
INFORMATION FOR APPLICABLE COURT) WITHIN 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 (INSERT LOCAL OR NEAREST LEGAL AID
3
St. Lucie County File Date: 08/12/2016 17:01 PM
St. Lucie County File Date: 08/12/2016 05:02 PMOFFICE AND TELEPHONE NUMBER) 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 (FLRS-NAME OF LOCAL OR NEAREST LEGAL AID
OFFICE AND TELEPHONE NUMBER) FOR ASSISTANCE, YOU SHOULD DO SO AS
SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE.
ORDERED *#t Port St. Ludi¢, SAINT LUCIE County, Florida, on this an of
/ fi Me » 20
WILLIAM L. ROBY CIRCUIT JUDGE
Copies Furnished by e-portal to:
(E-mail addresses)
Plaintiff's counsel shall serve paper copies on all Defendants not otherwise served by
U.S. Mail to:[Distribution list]
St. Lucie County File Date: 08/12/2016 17:01 PM
St. Lucie County File Date: 08/12/2016 05:02 PMSERVICE LIST
CASE NO.: 2015CA000889
THE LAW OFFICE OF PAUL A. KRASKER, P.A.
Attn: Kinley I. Engvalson, Esq.
501 S FLAGLER DR STE 201
WEST PALM BEACH, FL 33401
Kengvalson@kraskerlaw.com
ServiceHAD@kraskerlaw.com
Attomey for Defendant GIROLAMO RUSSO
MELISSA D. RUSSO A/K/A MELISSA RUSSO
1161 SW KHAN DR
PORT SAINT LUCIE, FL 34953-7246
UNKNOWN TENANT(S) N/K/A JUSTIN MCMULLEN
391 SW SOUTH QUICK CIR
PORT SAINT LUCIE, FL 34953-7600
UNKNOWN TENANT II N/K/A JOSH PARIS
391 SW SOUTH QUICK CIR
PORT SAINT LUCIE, FL 34953-7600
SCR OR RCAC SE AR A A OR SR IR RA AO
PHELAN HALLINAN DIAMOND & JONES, PLLC
2727 West Cypress Creek Road
Ft. Lauderdale, FL 33309
Service by Email: FL.Service@PhelanHallinan.com
[LAW@954-462-7001]
PH # 58806
08/04/2016 at 10:03 AM
Mailing List
St. Lucie County File Date: 08/12/2016 17:01 PM ~
St. Lucie County File Date: 08/12/2016 05:02 PM
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IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR SAINT LUCIE COUNTY, FLORIDA SANTANDER BANK, N.A. Plaintiff(s), CASE NO.: 2015CA000889 Vv. GIROLAMO RUSSO; MELISSA D. RUSSO A/K/A MELISSA RUSSO; ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER, OR AGAINST THE HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR OTHER CLAIMANTS, UNKNOWN TENANT(S) N/K/A JUSTIN MCMULLEN and UNKNOWN TENANT II N/K/A JOSH PARIS whose names are fictitious to account for parties in possession Defendant(s) / CONSENT FINAL JUDGMENT OF FORECLOSURE This action was heard before the court on August 12, 2016, for Non-Jury Trial and on the evidence presented and being otherwise duly advised in the premises, IT IS ADJUDGED that: 1. Final Judgment. Plaintiff is entitled to entry of final judgment. 2. Amounts Due. Plaintiff, SANTANDER BANK, N.A., 601 Penn Street, Reading, PA 19601, is due: Principal $ 176,156.85 Interest on the note and mortgage from 02/01/2012 to 08/12/2016 $ 15,359.54 Per diem interest at 2% ($ 8.91 per day) $ 0.00 Title search expense $150.00 Taxes $8,026.45 Hazard Insurance $19,516.64 Water/Sewer $130.90 Attorneys’ fees Finding as to reasonable flat fee $9,035.00 Additional Attorney Fees $0.00 Attorneys’ fees total $9,035.00 Court Costs: Filing Fee $1,091.03 Service of Process at $55.00 per defendant $275.00 Additional Costs: . Late Charges $80.22 Property Inspections $407.75 Tax Certification $100.00 St. Lucie County File Date: 08/12/2016 17:01 PM St. Lucie County File Date: 08/12/2016 05:01 PMSubtotal (if applicable) $230,329.38 LESS: Escrow balance $0.00 LESS: Unearned insurance premiums $0.00 LESS: Other $0.00 TOTAL $230,329.38 3. Interest. The total amount in paragraph 2 shall bear interest from this date forward at the prevailing statutory rate of interest. 4, Lien on Property. Plaintiff holds a lien for the total sum superior to all claims or estates of defendant(s), (with the exception of any assessments that are superior pursuant to Section 718.116, or 720.3085, Florida Statutes) on the following described property in SAINT LUCIE County, Florida: LOT 36, BLOCK 2368, OF PORT ST. LUCIE SECTION THIRTY-FOUR, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15, PAGES 9, 9A, THROUGH 9W, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA Property address: 391 SW SOUTH QUICK CIR PORT SAINT LUCIE, FL 34953-7600 5. Sale of Property. If the total sum with interest at the rate described in paragraph 2 and all costs accrued subsequent tg this judgment are not paid, the clerk of this court shall sell the property at public sale on. | pt | 4 , 2016, to the highest bidder for cash, except as escribed in paragraph 6,"‘by electronic sale at www.stlucie.clerkauction.com beginning at 00 a.m. in accordance with section 45.031, Florida Statutes. The public sale shall not be ‘stponed or canceled without a court order. All orders postponing or canceling the sale must be filed with the clerk of court no later than 5:00 p.m. five (5) business days before the sale date. Counsel for plaintiff must be certain that all sale and clerk fees are paid and that the original proof of publication is filed no less than five (5) business days before the sale date. Failure to timely file the original proof of publication of the notice of sale and pay the sale and clerk fees will stop the sale. Additionally, the failure of plaintiff's counsel to pay the sale fee and properly and timely publish the notice of sale ma} result in sanctions against the plaintiff, plaintiff's counsel individually, and the Jaw firm representing the plaintiff. Any electronic sale by the clerk shall be in accordance with the written administrative policy for electronic sales published by the clerk at the official website for the clerk and posted in the public areas of the clerk’s offices. 6. Costs. Plaintiff shall advance all subsequent costs of this action and shall be reimbursed for them by the clerk if plaintiff is not the purchaser of the property for sale, provided, however, that the purchaser of the property for sale shall be responsible for the documentary stamps payable on the certificate of title. If plaintiff is the purchaser, plaintiff shall file an affidavit within 5 business days and the clerk shall credit plaintiff's bid with the total sum with post- judgment 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. 7. Distribution of Proceeds. 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 plaintiff's costs; second, documentary stamps affixed to the certificate; third, plaintiff's attomeys’ fees; fourth, the total sum due to plaintiff, less the items paid, plus interest at the rate prescribed in 2 St. Lucie County File Date: 08/12/2016 17:01 PM St. Lucie County File Date: 08/12/2016 05:02 PMparagraph 2 from this date to the date of the sale; and by retaining any remaining amount pending further order of this court. 8. Right of Redemption. On filing the certificate of sale, defendant(s) and all persons claiming under or against defendant(s) since the filing of the notice of lis pendens shall be foreclosed of all estate or claim in the property, except as to claims or rights under chapter 718 or chapter 720, Florida Statutes, if any. 9. Right of Possession. Upon filing of the certificate of title, the person named on the certificate of title shall be let into possession of the property. If any defendant or tenant remains in possession of the property, an Order Granting the Motion For Writ of Possession shall be entered without further notice or hearing, subject to the purchaser’s compliance with Section 83.561, Florida Statutes. 10. Jurisdiction Retained. Jurisdiction of this action is retained to enter further orders that are proper including, without limitation, a deficiency judgment, writs of possession and such supplemental relief or judgments as may be appropriate. 11. Assignment. The Plaintiff may assign the judgment and/or credit bid by the filing of an assignment without further Order of the Court. 12. Jurisdiction of this action is retained to enter further orders as are proper. Plaintiff agrees to waive its rights to pursue a Deficiency Judgment against the Borrower, GIROLAMO RUSSO in exchange for this consent to Final Judgment. An extended sale date of no less than 120 days shall be set upon the entry of final judgment. 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 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. 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, (INSERT INFORMATION FOR APPLICABLE COURT) WITHIN 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 (INSERT LOCAL OR NEAREST LEGAL AID 3 St. Lucie County File Date: 08/12/2016 17:01 PM St. Lucie County File Date: 08/12/2016 05:02 PMOFFICE AND TELEPHONE NUMBER) 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 (FLRS-NAME OF LOCAL OR NEAREST LEGAL AID OFFICE AND TELEPHONE NUMBER) FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE. ORDERED *#t Port St. Ludi¢, SAINT LUCIE County, Florida, on this an of / fi Me » 20 WILLIAM L. ROBY CIRCUIT JUDGE Copies Furnished by e-portal to: (E-mail addresses) Plaintiff's counsel shall serve paper copies on all Defendants not otherwise served by U.S. Mail to:[Distribution list] St. Lucie County File Date: 08/12/2016 17:01 PM St. Lucie County File Date: 08/12/2016 05:02 PMSERVICE LIST CASE NO.: 2015CA000889 THE LAW OFFICE OF PAUL A. KRASKER, P.A. Attn: Kinley I. Engvalson, Esq. 501 S FLAGLER DR STE 201 WEST PALM BEACH, FL 33401 Kengvalson@kraskerlaw.com ServiceHAD@kraskerlaw.com Attomey for Defendant GIROLAMO RUSSO MELISSA D. RUSSO A/K/A MELISSA RUSSO 1161 SW KHAN DR PORT SAINT LUCIE, FL 34953-7246 UNKNOWN TENANT(S) N/K/A JUSTIN MCMULLEN 391 SW SOUTH QUICK CIR PORT SAINT LUCIE, FL 34953-7600 UNKNOWN TENANT II N/K/A JOSH PARIS 391 SW SOUTH QUICK CIR PORT SAINT LUCIE, FL 34953-7600 SCR OR RCAC SE AR A A OR SR IR RA AO PHELAN HALLINAN DIAMOND & JONES, PLLC 2727 West Cypress Creek Road Ft. Lauderdale, FL 33309 Service by Email: FL.Service@PhelanHallinan.com [LAW@954-462-7001] PH # 58806 08/04/2016 at 10:03 AM Mailing List St. Lucie County File Date: 08/12/2016 17:01 PM ~ St. Lucie County File Date: 08/12/2016 05:02 PM