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IN THE CIRCUIT COURT OF
THE TWELFTH JUDICIAL CIRCUIT OF
THE STATE OF FLORIDA,
IN AND FOR SARASOTA COUNTY
GENERAL CIVIL DIVISION
DECISION ONE MORTGAGE COMPANY, LLC
Plaintiff
VS
KENNETH DECKER; J. HARRISON AS
TRUSTEE OF THE 3862 ALBIN - DECKER
RESIDENTIAL LAND TRUST; UNKNOWN
BENEFICIARIES OF THE 3862 ALBIN -
DECKER RESIDENTIAL LAND TRUST;
THE INDEPENDENT SAVINGS PLAN
COMPANY;: and UNKNOWN OCCUPANTS,
TENANTS, OWNERS, and OTHER UNKNOWN
PARTIES, including, if a named
defendant is deceased, the personal
representatives, the surviving
spouse, heirs, devisees, grantees,
creditors, and all other parties
claiming by, through, under or
against that defendant, and the
several and respective unknown
assigns, successors in interest,
trustees or other persons claiming
by, through, under or against any
corporation or other legal entity
named as a defendant, and all
claimants, persons or parties,
natural or corporate, or whose
exact legal status is unknown,
claiming under any of the above
named or described defendants
Defendants
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RECORDED JN OFFICIAL RECORDE
INSTRUMENT # DOOTIIGTS A
2007 QCT 25 04:10 FM
KAREN E. RUSHING
CLERK GF THE CIRCUIT COURT
SARASOTA COUNTY »FLGRIDA
DDAUGHER Receirt#977794
von,
Case No. 2007-CA-007738-SC
FINAL SUMMARY JUDGMENT OF FORECLOSURE
THIS CAUSE coming on for consideration of the plaintiff's Motion
for Summary Judgment together with supporting Affidavit filed by the
plaintiff, no counter Affidavit having been filed by the defendants,
and there does not appear to be any genuine issue of material fact in
fn
\
(ituneed of determination; the court having considered the argument of
counsel and the evidence on file, is of the opinion that the plaintiff
is entitled to a Summary Judgment as to the foreclosure action as
alleged in the Complaint and that in consideration of the above, it is
thereupon
ORDERED and ADJUDGED as follows:
1. That the Motion for Summary Judgment filed by the plaintiff,
DECISION ONE MORTGAGE COMPANY, LLC, is hereby granted.
2. There is now due the Plaintiff the following:
Principal balance on mortgage $421,191.50
Filing Fee $ 255.00
Service of Process $ 495990 oO Kis
Late Charges © S 2,250.17
Property Inspection Expense S 137.50
Title Search Expenses S 325.00
Attorney Fees for Plaintiff $1,200.00 | tes
SUB TOTAL S425-O54717 25, STi.
Interest to October 24, 2007 S_ 51,434.87 |
TOTAL $428 SOA 7b, B34.
3. If the total sum due as set forth in paragraph 2 above and all
costs of this action accruing subsequent to this Judgment are not paid,
the Clerk of the Court shall sell the property at public sale on the
p day of , 2007 at 11:00 A.M. to the highest
bidder for cash, except as set forth hereafter at the Sarasota County
Courthouse, Historic Courtroom, 2000 Main Street, (East Wing),
Sarasota, Florida 34237, in accordance with Florida Statute 45.031.
d5. If the plaintiff, or a representative of the plaintiff are not
present, the foreclosure sale will not be held.
6. Plaintiff holds a lien for the total sum superior to any claim
or estate of the defendants on the following described property in
Sarasota County, Florida:
LOT 36, BLOCK 29, NORTH PORT CHARLOTTE ESTATES, 2ND
ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 19, PAGE 44, OF THE PUBLIC RECORDS OF SARASOTA COUNTY,
FLORIDA.
7. That the 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 at the sale. If plaintiff is the
purchaser, the Clerk shall credit plaintiff's bid with the total sum
with interest and costs accruing subsequent to this Judgment or such
part of it as is necessary to pay the bid in full.
8. If the purchaser at said sale 1S someone other than the
plaintiff, said purchaser shall pay to the Clerk of this Court all
service charges assessed by the court pursuant to Florida Statute
28.24, together with proper documentary stamps to be affixed to the
Certificate of Title.
9. 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 the plaintiff's costs; Second, plaintiff's attorney's
fees; Third, the total sum due to plaintiff less the items paid plusinterest at the rate prescribed by law from this date to the date of
the sale; and by retaining any amount remaining pending the further
order of this Court.
10. On filing the Certificate of Sale, defendants and all persons
claiming under or against them since the filing of the Notice of Lis
Pendens are foreclosed of all estate or claim in the property and the
purchaser at the sale shall be let into possession of the property.
11. The Court finds that the foregoing award of attorney fees is
reasonable based on 6.86 hours expended at $175.00 per hour pursuant to
the Affidavit of the Attorney for Plaintiff on file in this cause.
12. On filing of the Certificate of Sale, defendants's right of
redemption as proscribed by Florida Statutes, Section 45.0315 shall be
terminated.
13. Jurisdiction of this cause is retained to enter such further
orders as are proper, including without limitation, writs of
possession, and deficiency judgments.
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 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, KAREN E. RUSHING, 2000 Main Street, Sarasota,
Florida 34237, 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., 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 GULFCOAST LEGAL SERVICES, INC., 941/366-1746 FORASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS
NOTICE.
DONE and ORDERED at Sarasota, Sarasota County, Florida mist
day of October, 2007.
JUDGE IOF THE CIRCUIT COURT
Copies Furnished To:
ENRICO G. GONZALEZ, ESQUIRE
Florida Bar #861472
6255 East Fowler Avenue
Temple Terrace, FL 3361/7
813/980-6302
Attorney for Plaintiff
KENNETH DECKER
2360 North Avon Boulevard
Avon Park, FL 33825
J. HARRISON AS TRUSTEE OF THE
3862 ALBIN-DECKER RESIDENTIAL LAND TRUST
2201 Eugenia Court
Oviedo, FL 32765
MICHAEL D. GINSBERG, ESQUIRE
6420 Benjamin Road
Tampa, FL 33634
DECISION ONE MORTGAGE COMPANY, LLC
636 Grand Regency Blvd.
Brandon, Florida 33510
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IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR SARASOTA COUNTY GENERAL CIVIL DIVISION DECISION ONE MORTGAGE COMPANY, LLC Plaintiff VS KENNETH DECKER; J. HARRISON AS TRUSTEE OF THE 3862 ALBIN - DECKER RESIDENTIAL LAND TRUST; UNKNOWN BENEFICIARIES OF THE 3862 ALBIN - DECKER RESIDENTIAL LAND TRUST; THE INDEPENDENT SAVINGS PLAN COMPANY;: and UNKNOWN OCCUPANTS, TENANTS, OWNERS, and OTHER UNKNOWN PARTIES, including, if a named defendant is deceased, the personal representatives, the surviving spouse, heirs, devisees, grantees, creditors, and all other parties claiming by, through, under or against that defendant, and the several and respective unknown assigns, successors in interest, trustees or other persons claiming by, through, under or against any corporation or other legal entity named as a defendant, and all claimants, persons or parties, natural or corporate, or whose exact legal status is unknown, claiming under any of the above named or described defendants Defendants ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) RECORDED JN OFFICIAL RECORDE INSTRUMENT # DOOTIIGTS A 2007 QCT 25 04:10 FM KAREN E. RUSHING CLERK GF THE CIRCUIT COURT SARASOTA COUNTY »FLGRIDA DDAUGHER Receirt#977794 von, Case No. 2007-CA-007738-SC FINAL SUMMARY JUDGMENT OF FORECLOSURE THIS CAUSE coming on for consideration of the plaintiff's Motion for Summary Judgment together with supporting Affidavit filed by the plaintiff, no counter Affidavit having been filed by the defendants, and there does not appear to be any genuine issue of material fact in fn \ (ituneed of determination; the court having considered the argument of counsel and the evidence on file, is of the opinion that the plaintiff is entitled to a Summary Judgment as to the foreclosure action as alleged in the Complaint and that in consideration of the above, it is thereupon ORDERED and ADJUDGED as follows: 1. That the Motion for Summary Judgment filed by the plaintiff, DECISION ONE MORTGAGE COMPANY, LLC, is hereby granted. 2. There is now due the Plaintiff the following: Principal balance on mortgage $421,191.50 Filing Fee $ 255.00 Service of Process $ 495990 oO Kis Late Charges © S 2,250.17 Property Inspection Expense S 137.50 Title Search Expenses S 325.00 Attorney Fees for Plaintiff $1,200.00 | tes SUB TOTAL S425-O54717 25, STi. Interest to October 24, 2007 S_ 51,434.87 | TOTAL $428 SOA 7b, B34. 3. If the total sum due as set forth in paragraph 2 above and all costs of this action accruing subsequent to this Judgment are not paid, the Clerk of the Court shall sell the property at public sale on the p day of , 2007 at 11:00 A.M. to the highest bidder for cash, except as set forth hereafter at the Sarasota County Courthouse, Historic Courtroom, 2000 Main Street, (East Wing), Sarasota, Florida 34237, in accordance with Florida Statute 45.031. d5. If the plaintiff, or a representative of the plaintiff are not present, the foreclosure sale will not be held. 6. Plaintiff holds a lien for the total sum superior to any claim or estate of the defendants on the following described property in Sarasota County, Florida: LOT 36, BLOCK 29, NORTH PORT CHARLOTTE ESTATES, 2ND ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 19, PAGE 44, OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA. 7. That the 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 at the sale. If plaintiff is the purchaser, the Clerk shall credit plaintiff's bid with the total sum with interest and costs accruing subsequent to this Judgment or such part of it as is necessary to pay the bid in full. 8. If the purchaser at said sale 1S someone other than the plaintiff, said purchaser shall pay to the Clerk of this Court all service charges assessed by the court pursuant to Florida Statute 28.24, together with proper documentary stamps to be affixed to the Certificate of Title. 9. 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 the plaintiff's costs; Second, plaintiff's attorney's fees; Third, the total sum due to plaintiff less the items paid plusinterest at the rate prescribed by law from this date to the date of the sale; and by retaining any amount remaining pending the further order of this Court. 10. On filing the Certificate of Sale, defendants and all persons claiming under or against them since the filing of the Notice of Lis Pendens are foreclosed of all estate or claim in the property and the purchaser at the sale shall be let into possession of the property. 11. The Court finds that the foregoing award of attorney fees is reasonable based on 6.86 hours expended at $175.00 per hour pursuant to the Affidavit of the Attorney for Plaintiff on file in this cause. 12. On filing of the Certificate of Sale, defendants's right of redemption as proscribed by Florida Statutes, Section 45.0315 shall be terminated. 13. Jurisdiction of this cause is retained to enter such further orders as are proper, including without limitation, writs of possession, and deficiency judgments. 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 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, KAREN E. RUSHING, 2000 Main Street, Sarasota, Florida 34237, 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., 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 GULFCOAST LEGAL SERVICES, INC., 941/366-1746 FORASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE. DONE and ORDERED at Sarasota, Sarasota County, Florida mist day of October, 2007. JUDGE IOF THE CIRCUIT COURT Copies Furnished To: ENRICO G. GONZALEZ, ESQUIRE Florida Bar #861472 6255 East Fowler Avenue Temple Terrace, FL 3361/7 813/980-6302 Attorney for Plaintiff KENNETH DECKER 2360 North Avon Boulevard Avon Park, FL 33825 J. HARRISON AS TRUSTEE OF THE 3862 ALBIN-DECKER RESIDENTIAL LAND TRUST 2201 Eugenia Court Oviedo, FL 32765 MICHAEL D. GINSBERG, ESQUIRE 6420 Benjamin Road Tampa, FL 33634 DECISION ONE MORTGAGE COMPANY, LLC 636 Grand Regency Blvd. Brandon, Florida 33510