Preview
REGURDED IN OFFICIAL RECORDS
INSTRUMENT # 2007166565 7 Pag
2007 NOV 06 11:37 aM
IN THE CIRCUIT COURT FOR SARASOTA KAREN E. RUSHING
CLERK OF THE CIRCUIT COURT
COUNTY, FLORIDA. CIVIL DIVI
O CIV SION SARASOTA COUNTY .FLORTDA
DDAUGHER Receiet#981597
S ‘4
CASE NO. 582007CA008583 XXXXKXX
wvmironrnes
VS.
NEISSA W. JUAN; UNKNOWN TENANT NO. 1:
UNKNOWN TENANT NO. 2; and ALL UN-
KNOWN PARTIES CLAIMING INTERESTS BY,
THROUGH, UNDER OR AGAINST A NAMED
DEFENDANT TO THIS ACTION, OR HAVING
OR CLAIMING TO HAVE ANY RIGHT, TITLE
OR INTEREST IN THE PROPERTY HEREIN
DESCRIBED,
Defendants.
/
SUMMARY FINAL JODGMENT
OF FORECLOSURE
THIS ACTION came before the Court upon pleadings and proofs submitted herein, the motion of
the Plaintiff, for the entry of a Summary Final Judgment, and on the evidence presented,
IT IS ADJUDGED THAT:
1. This Court has jurisdiction of the subject matter hereof and the parties hereto. The
equities of this action are with the Plaintiff, SOUTH POINT INC., There is due to the Plaintiff, the sums of
money as hereafter set forth:
A. Principal Balance $ 274,847.03
B. 9.50% interest at $71.54 per diem
from FEBRUARY 1, 2007 thru August 8, 2007 13,448.68
C. Interest from August 9, 2007 thru October 30, 2007 5,937.82
D. Pre-Acceleration Late Charges 334.14
pd
(canon
FCLRE. Property Inspection 81.50
F. Broker's Price Opinion 4+00-00— — & ~~
G. Property Occupancy Inquiry 100.00
H. Title Search 350.00
I. Filing Fee 255.00
J. Service of Process 435.00 Zo- WG
K. Attorneys’ Fees 1,200.00
TOTAL _ $ 296,789.17
2. The Court finds, pursuant to Florida Patient's Compensation Fund v. Rowe, 472 So.2d
1145 (Fla. 1985), that the number of hours expended by Plaintiff's Counsel and the hourly rate charged are
reasonable in light of the complexity of this cause, the result obtained, the degree of expertise necessary and
the amount in controversy. The court finds, therefore, that the attorneys’ fees awarded are reasonable under
Florida law.
3. The original promissory note having been presented and delivered to the Court, Count
I of Plaintiff's Complaint is hereby deemed moot.
4. A lien is held by the Plaintiff for the total sum specified in paragraph 1, plus interest,
superior in dignity to any right, title, interest, or claim of the Defendants upon the mortgaged property herein
foreclosed situate, lying and being in Sarasota County, Florida, to-wit:
LOT 3, BLOCK 2573, FIFTY-FIRST ADDITION TO PORT CHARLOTTE
SUBDIVISION, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGES
8, 8A THROUGH 8GG, OF THE PUBLIC RECORDS OF SARASOTA COUNTY,
FLORIDA5. If the total sum due to the Plaintiff, plus interest on the unpaid principal at the rate
prescribed in the note and mortgage to date, and at the current statutory interest rate of 11% per year after
the date through which interest is calculated in paragraph 1 above, and all costs of this proceeding incurred
after the date of this Judgment are not forthwith paid, the Clerk of this Court shall sell that property at public
sale at 11:00 a.m. on the \ day of OsrenbSr007, to the highest bidder or bidders for cash
at the Sarasota County Courthouse, 2000 Main Street, Historic Courtroom, East Wing, Sarasota County,
Florida, after having first given notice as required by Section 45.031, Florida Statutes, exeeptthe-Clerk shall
6. Plaintiff shall advance the cost of publishing the Notice of Sale and shall be
reimbursed by the Clerk out of the proceeds of the sale if the Plaintiff is not the purchaser of the property,
but such reimbursement will not be by the Clerk unless the Affidavit of Post Judgment Advances has been
filed. The purchaser atthe sale shall pay, in addition to the amount bid, the Clerk's fee, Clerk's registry fee
and documentary stamps to be affixed to the Certificate of Title.
7. The Plaintiff may assign the Judgment or the bid to a third party without further order
of the Court.
8. If the Plaintiff or Plaintiff's assignee is the purchaser at the sale, the Clerk shall credit
on the bid of the Plaintiff or Plaintiff's assignee the total sum herein found to be due the Plaintiff or such
portion thereof as may be necessary to pay fully the bid of the Plaintiff or Plaintiff's assignee.
9. On filing the Certificate of Title, the Clerk shall distribute the proceeds of the sale
to Plaintiffc/o Smith, Hiatt & Diaz, P.A., PO BOX 11438, Fort Lauderdale, FL 33339-1438, so far as they
are sufficient, by paying:
A. All of Plaintiff's costs,
B. Plaintiff's attorneys' fees,C. The total sum due to Plaintiff as set forth above, less the items paid, with interest at
the current statutory interest rate from the date through which interest is calculated in paragraph I above to
the date of the sale. If, subsequent to the date of the Plaintiff's Affidavit of Indebtedness and prior to the
sale contemplated in paragraph 5 hereof, the Plaintiff has to advance money to protect its mortgage lien,
including but not limited to post judgment advances for property taxes and insurance, property preservation
costs, post judgment attorney's fees and costs and post judgment bankruptcy attorney fees and costs, the
Plaintiff or its Attorneys shall certify by affidavit to the Clerk and the amount due to Plaintiff shall be
increased by the amount of such advances without further order of the Court.
D. The remaining proceeds, if any, shall be retained by the Clerk pending further Order
of the Court.
10. Ifthe United States of America is a Defendant in this action, they shall have the right
of redemption provided by 28 U.S.C. §2410(c) from the issuance of a Certificate of Title, but the right shall
thereafter expire.
j1. Upon filing the Certificate of Sale, the Defendants and all persons claiming under
or against them since the filing of the Notice of Lis Pendens shall be foreclosed of all estate or claim in the
property, with the exception of any assessments that are superior pursuant to Florida Statutes, Section
718.116. Upon issuance of the Certificate of Title, the purchaser at the sale shall be let into possession of
the property located at 5250 ANDRIS ST, NORTH PORT, FL 34288.The Clerk of the Court is hereby
specifically authorized to issue a Writ of Possession for the property which is the subject matter of this action,
and the Sheriff is hereby authorized to serve the Writ forthwith.
12. 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.13. 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. JF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE
ENTITLED TO ANY REMAINING FUNDS.
14. 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, OF Sarasota COUNTY 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.
15. 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 WHOIS
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 THE COUNTY
LEGAL AID OFFICE OF GULFCOAST LEGAL SERVICES, INC., GLASSER-SCHOENBAUM
HUMAN SERVICES CENTER, 1750-17TH STREET, UNIT 1, SARASOTA, FL 34234, PHONE: (941)
366-1746 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 Sarasota COUNTY AIDSERVICES FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT
OF THIS NOTICE.
16. The Court retains jurisdiction of this action to enter further orders as are proper
including, without limitation, deficiency judgments.
DONE AND ORDERED in Chambers at the Sarasota County Courthouse, Sarasota, Florida on
- ampere
ORD Sra jor eB bales 0,20
My dvtr—be, p / Jo)
Circuit Judge
Copies furnished:
Ryan T. Cox, Esquire
SMITH, HIATT & DIAZ, P.A.
Attorneys for Plaintiff
PO BOX 11438
Fort Lauderdale, FL 33339-1438
Telephone: (954) 564-0071
All parties on the attached service list
6029-38588SERVICE LIST
Case No. 582007CA008583 XXXXXX
NEISSA W. JUAN
5250 Andris Street
North Port, FL 34288
Preview
REGURDED IN OFFICIAL RECORDS INSTRUMENT # 2007166565 7 Pag 2007 NOV 06 11:37 aM IN THE CIRCUIT COURT FOR SARASOTA KAREN E. RUSHING CLERK OF THE CIRCUIT COURT COUNTY, FLORIDA. CIVIL DIVI O CIV SION SARASOTA COUNTY .FLORTDA DDAUGHER Receiet#981597 S ‘4 CASE NO. 582007CA008583 XXXXKXX wvmironrnes VS. NEISSA W. JUAN; UNKNOWN TENANT NO. 1: UNKNOWN TENANT NO. 2; and ALL UN- KNOWN PARTIES CLAIMING INTERESTS BY, THROUGH, UNDER OR AGAINST A NAMED DEFENDANT TO THIS ACTION, OR HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE PROPERTY HEREIN DESCRIBED, Defendants. / SUMMARY FINAL JODGMENT OF FORECLOSURE THIS ACTION came before the Court upon pleadings and proofs submitted herein, the motion of the Plaintiff, for the entry of a Summary Final Judgment, and on the evidence presented, IT IS ADJUDGED THAT: 1. This Court has jurisdiction of the subject matter hereof and the parties hereto. The equities of this action are with the Plaintiff, SOUTH POINT INC., There is due to the Plaintiff, the sums of money as hereafter set forth: A. Principal Balance $ 274,847.03 B. 9.50% interest at $71.54 per diem from FEBRUARY 1, 2007 thru August 8, 2007 13,448.68 C. Interest from August 9, 2007 thru October 30, 2007 5,937.82 D. Pre-Acceleration Late Charges 334.14 pd (canon FCLRE. Property Inspection 81.50 F. Broker's Price Opinion 4+00-00— — & ~~ G. Property Occupancy Inquiry 100.00 H. Title Search 350.00 I. Filing Fee 255.00 J. Service of Process 435.00 Zo- WG K. Attorneys’ Fees 1,200.00 TOTAL _ $ 296,789.17 2. The Court finds, pursuant to Florida Patient's Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985), that the number of hours expended by Plaintiff's Counsel and the hourly rate charged are reasonable in light of the complexity of this cause, the result obtained, the degree of expertise necessary and the amount in controversy. The court finds, therefore, that the attorneys’ fees awarded are reasonable under Florida law. 3. The original promissory note having been presented and delivered to the Court, Count I of Plaintiff's Complaint is hereby deemed moot. 4. A lien is held by the Plaintiff for the total sum specified in paragraph 1, plus interest, superior in dignity to any right, title, interest, or claim of the Defendants upon the mortgaged property herein foreclosed situate, lying and being in Sarasota County, Florida, to-wit: LOT 3, BLOCK 2573, FIFTY-FIRST ADDITION TO PORT CHARLOTTE SUBDIVISION, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGES 8, 8A THROUGH 8GG, OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA5. If the total sum due to the Plaintiff, plus interest on the unpaid principal at the rate prescribed in the note and mortgage to date, and at the current statutory interest rate of 11% per year after the date through which interest is calculated in paragraph 1 above, and all costs of this proceeding incurred after the date of this Judgment are not forthwith paid, the Clerk of this Court shall sell that property at public sale at 11:00 a.m. on the \ day of OsrenbSr007, to the highest bidder or bidders for cash at the Sarasota County Courthouse, 2000 Main Street, Historic Courtroom, East Wing, Sarasota County, Florida, after having first given notice as required by Section 45.031, Florida Statutes, exeeptthe-Clerk shall 6. Plaintiff shall advance the cost of publishing the Notice of Sale and shall be reimbursed by the Clerk out of the proceeds of the sale if the Plaintiff is not the purchaser of the property, but such reimbursement will not be by the Clerk unless the Affidavit of Post Judgment Advances has been filed. The purchaser atthe sale shall pay, in addition to the amount bid, the Clerk's fee, Clerk's registry fee and documentary stamps to be affixed to the Certificate of Title. 7. The Plaintiff may assign the Judgment or the bid to a third party without further order of the Court. 8. If the Plaintiff or Plaintiff's assignee is the purchaser at the sale, the Clerk shall credit on the bid of the Plaintiff or Plaintiff's assignee the total sum herein found to be due the Plaintiff or such portion thereof as may be necessary to pay fully the bid of the Plaintiff or Plaintiff's assignee. 9. On filing the Certificate of Title, the Clerk shall distribute the proceeds of the sale to Plaintiffc/o Smith, Hiatt & Diaz, P.A., PO BOX 11438, Fort Lauderdale, FL 33339-1438, so far as they are sufficient, by paying: A. All of Plaintiff's costs, B. Plaintiff's attorneys' fees,C. The total sum due to Plaintiff as set forth above, less the items paid, with interest at the current statutory interest rate from the date through which interest is calculated in paragraph I above to the date of the sale. If, subsequent to the date of the Plaintiff's Affidavit of Indebtedness and prior to the sale contemplated in paragraph 5 hereof, the Plaintiff has to advance money to protect its mortgage lien, including but not limited to post judgment advances for property taxes and insurance, property preservation costs, post judgment attorney's fees and costs and post judgment bankruptcy attorney fees and costs, the Plaintiff or its Attorneys shall certify by affidavit to the Clerk and the amount due to Plaintiff shall be increased by the amount of such advances without further order of the Court. D. The remaining proceeds, if any, shall be retained by the Clerk pending further Order of the Court. 10. Ifthe United States of America is a Defendant in this action, they shall have the right of redemption provided by 28 U.S.C. §2410(c) from the issuance of a Certificate of Title, but the right shall thereafter expire. j1. Upon filing the Certificate of Sale, the Defendants and all persons claiming under or against them since the filing of the Notice of Lis Pendens shall be foreclosed of all estate or claim in the property, with the exception of any assessments that are superior pursuant to Florida Statutes, Section 718.116. Upon issuance of the Certificate of Title, the purchaser at the sale shall be let into possession of the property located at 5250 ANDRIS ST, NORTH PORT, FL 34288.The Clerk of the Court is hereby specifically authorized to issue a Writ of Possession for the property which is the subject matter of this action, and the Sheriff is hereby authorized to serve the Writ forthwith. 12. 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.13. 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. JF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. 14. 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, OF Sarasota COUNTY 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. 15. 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 WHOIS 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 THE COUNTY LEGAL AID OFFICE OF GULFCOAST LEGAL SERVICES, INC., GLASSER-SCHOENBAUM HUMAN SERVICES CENTER, 1750-17TH STREET, UNIT 1, SARASOTA, FL 34234, PHONE: (941) 366-1746 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 Sarasota COUNTY AIDSERVICES FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE. 16. The Court retains jurisdiction of this action to enter further orders as are proper including, without limitation, deficiency judgments. DONE AND ORDERED in Chambers at the Sarasota County Courthouse, Sarasota, Florida on - ampere ORD Sra jor eB bales 0,20 My dvtr—be, p / Jo) Circuit Judge Copies furnished: Ryan T. Cox, Esquire SMITH, HIATT & DIAZ, P.A. Attorneys for Plaintiff PO BOX 11438 Fort Lauderdale, FL 33339-1438 Telephone: (954) 564-0071 All parties on the attached service list 6029-38588SERVICE LIST Case No. 582007CA008583 XXXXXX NEISSA W. JUAN 5250 Andris Street North Port, FL 34288