Preview
CFN: 20180356115 BOOK 31017 PAGE 89
DATE:06/18/2018 08:51:36 AM
FJUD IN THE CIRCUIT COURT OP FHEEVEVEN
MEO CTY
JUDICIAL CIRCUIT IN AND FOR MIAMI-
DADE COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
CASE NO.: 2017-013671-CA-01
U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF9
MASTER PARTICIPATION TRUST
Plaintiff,
v.
NORMA ALVAREZ; ANGEL ARAUJO; SAN MARCO AT
FOUNTAINEBLEAU CONDOMINIUM ASSOCIATION,
INC.; THE INDEPENDENT SAVINGS PLAN COMPANY
D/B/A ISPC; 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) whose
name is fictitious to account for parties in possession
Defendant(s) /
\& FINAL JUDGMENT OF FORECLOSURE
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THIS ACTION was heard before the Court on Plaintiffs Motion for Summary Final Judgment
June 13, 2018. On the evidence presented, IT IS ORDERED AND ADJUDGED that the
Plaintiffs Motion for Summary Judgment is GRANTED against all Defendants listed by name:
NORMA ALVAREZ; ANGEL ARAUJO; SAN MARCO AT FOUNTAINEBLEAU
CONDOMINIUM ASSOCIATION, INC.; THE INDEPENDENT SAVINGS PLAN COMPANY
D/B/A ISPC; mm
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1 Amounts Due and Owing. Plaintiff
is due:
a
Principal due on the note secured by the mortgage foreclosed $ 154,787.80
Interest on the note and mortgage from 06/01/2012 to 02/16/2018 $ 51,905.48 Se
Per diem interest at 5.875% ($ 24.91 per day), from 02/17/2018 to 2 J
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so
06/13/2018 $ 2,889.56 2 ao
Hazard Insurance $3,624.87 =
Hazard Insurance for 2015 $1,501.87
Hazard Insurance for 2016 $910.00
Le
Hazard Insurance for 2017 $1,213.00
MIP/PMI $3,834.51
MIP/PMI $3,834.51
Taxes $9,675.26
Taxes for 2009 $2,099.16
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Case #: 2017-013671-CA-01
CFN: 20180356115 BOOK 31017 PAGE 90
Taxes for 2010 $1,232.64
Taxes for 2011 $753.94
Taxes for 2012 $633.96
Taxes for 2013 $701.05
Taxes for 2014 $893.10
Taxes for 2015 $1,001.34
Taxes for 2016 $1,125.69
Taxes for 2017 $1,234.38
SUBTOTAL $226,717.48
Additional Costs:
Late Charges $ 2,478.55
Brokers Price Opinion/Appraisals $118.50
Filing Cost $1,020.65
Notice of Action/Publication $245.00
Property Inspections $45.00
Property Preservation $839.00
Property Registration $200.00
Service of Process $605.00
SUBTOTAL $232,269.18
Attorney Fees based upon a flat rate $4,955.00
Less: Undisbursed escrow funds $0.00
Less: Other $0.00
TOTAL $ 237,224.18
Interest. The grand total amount referenced in Paragraph 1 shall bear interest from this date
forward at the prevailing legal rate of interest, 5.72 % a year.
Lien on Property. Plaintiff, whose address is 715 S METROPOLITAN AVENUE, P.O.
BOX 24610, OKLAHOMA CITY, OK 73108, holds a lien for the grand total sum superior to
all claims or estates of the defendant(s), on the following described property in MIAMI-
DADE COUNTY, Florida:
UNIT NO. 301 BUILDING 8810 OF SAN MARCO, ACONDONMINIUM,
ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF, AS
RECORDED IN OFFICIAL RECORD BOOK 23909 AT PAGE 1 OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA, TOGETHER WITH AN
UNDIVIDED INTEREST IN THE COMMON ELEMENTSAPPURTENANT
THERETO AND ALL AMENDMENTS THERETO AS SET FORTH IN SAID
DECLARATION.
Property 8810 FONTAINEBLEAU BLVD, APT 301
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Case #: 2017-013671-CA-01
CFN: 20180356115 BOOK 31017 PAGE 91
Address: MIAMI, FL 33172-4455
Sale of property. If the grand total amount with interest at the rate described in Paragraph 2 x
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and all costs accrued subsequent to this judgment are not paid, the Clerk of the Court shall
sell the subject property at public sale on daly 2 5~, 2018, at 9:00 A.M. to the
highest bidder for cash, except as prescribed in Paraggaph 6, after having first given notice as, zt
required by Section 45.031, Florida Statutes, using the following method (CHECK ONE): :
O At
Y
(location), beginning at 09:00 AM (timeof sale) on the prescribed date.
By electronic sale beginning at 09:00 AM (time of sale) on the prescribed date at
www.miamidade.realforeclose.com (website).
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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 documentary stamps affixed
to the certificate of title. 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.
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 the plaintiffs costs;
second, documentary stamps affixed to the Certificate; third, plaintiffs attorneys’ fees;
fourth, the total sum due to the plaintiff, less the items paid, plus interest at the rate prescribed
in paragraph 2 from this date to the date of the sale; and by retaining any remaining amount
pending the further order of this Court.
Right of Possession. Upon filing of 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, Fla. Stat., if any. Upon filing of the Certificate of Title, the person
named on the Certificate of Title shall be let into possession of the property, subject to the
provisions of the “Protecting Tenants at Foreclosure Act of 2009.”
Jurisdiction. The Court retains jurisdiction of this action to enter further orders that are
proper, including, without limitation, writs of possession and deficiency judgments.
Assignment. The Plaintiff may assign the judgment and/or credit bid by the filing of an
assignment without further Order of the Court.
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 LIEN HOLDER CLAIMING A RIGHT TO FUNDS
REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK
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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.
(If the property being foreclosed on has qualified for the homestead tax exemption in the
most recent approved tax roll, the final judgment shall additionally contain the following
statement in conspicuous type.)
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, 140
WEST FLAGLER STREET, ROOM 908, MIAMI , FLORIDA (TELEPHONE: (305)
375-5943), 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 THE LEGAL AID SOCIETY AT THE
Legal Services of Greater Miami, Inc., 3000 Biscayne Blvd., Suite 500, Miami, FL 33137,
Phone: (305) 576-0080 or Dade County Bar Association Legal Aid Society, 123 NW First
Avenue, 3rd Floor, Miami, FL 33128, Phone: (305) 579-5733, 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 THE DADE COUNTY BAR
ASSOCIATION LEGAL AID SOCIETY, YOU SHOULD DO SO AS SOON AS
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POSSIBLE AFTER RECEIPT OF THIS NOTICE.
DONE AN IRDERED in Ch: rs in MIAMI-DADE COUNTY, Florida, this
day of 20K
‘uit Judge o AL PAL ATES
RDERS 3
FIN pisPpos iT ion
Copies furnished to all parties named on the service list sR
NUM BE ar Ol SMS! THs
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THE 60 ny oTH ig CLOSE
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ORIGINAL AN
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SUDGE JOHN W. THORNTON JR Ag 10 jnitials J
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Case #: 2017-013671-CA-01
CFN: 20180356115 BOOK 31017 PAGE 93
SERVICE LIST
CASE NO.: 2017-013671-CA-01
NORMA ALVAREZ
8810 FONTAINEBLEAU BLVD, APT 301
MIAMI, FL 33172-4455
ANGEL ARAUJO
10435 NW 6TH AVE
MIAMI, FL 33150
SAN MARCO AT FOUNTAINEBLEAU CONDOMINIUM ASSOCIATION, INC.
C/O COSMOS MANAGEMENT SERVICES, INC., as Registered Agent
14411 COMMERCE WAY, STE 240
MIAMI LAKES, FL 33016-1598
ISPC
Attn: MICHAEL D. GINSBERG, Esq.
1115 GUNN HWY STE. #100
ODESSA, FL 33556 5324
fc-ispc@theispe.com
Attorney for Defendant THE INDEPENDENT SAVINGS PLAN COMPANY D/B/A ISPC
UNKNOWN TENANT(S)
8810 FONTAINEBLEAU BLVD, APT 301
MIAMI, FL 33172-4455
AAAI CI SIO OSGI GI ICIS GIGI ISI ICIS a Ai Aoi i aick ack
PHELAN HALLINAN DIAMOND & JONES, PLLC
2001 NW 64th Street
Suite 100
Ft. Lauderdale, FL 33309
Service by Email: FL.Service@PhelanHallinan.com
[KYH@1-954-462-7001]
SOPs nat!
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PH # 81936 «BE LRM AY Aen Ais
Case #: 2017-013671-CA-01