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  • US BANK TRUST NA VS NORMA ALVAREZ ET AL RPMF -Homestead ($50,001 - $249,999) document preview
  • US BANK TRUST NA VS NORMA ALVAREZ ET AL RPMF -Homestead ($50,001 - $249,999) document preview
  • US BANK TRUST NA VS NORMA ALVAREZ ET AL RPMF -Homestead ($50,001 - $249,999) document preview
  • US BANK TRUST NA VS NORMA ALVAREZ ET AL RPMF -Homestead ($50,001 - $249,999) document preview
  • US BANK TRUST NA VS NORMA ALVAREZ ET AL RPMF -Homestead ($50,001 - $249,999) document preview
  • US BANK TRUST NA VS NORMA ALVAREZ ET AL RPMF -Homestead ($50,001 - $249,999) document preview
  • US BANK TRUST NA VS NORMA ALVAREZ ET AL RPMF -Homestead ($50,001 - $249,999) document preview
  • US BANK TRUST NA VS NORMA ALVAREZ ET AL RPMF -Homestead ($50,001 - $249,999) document preview
						
                                

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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 g3 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 oS a ws wi a 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 eo 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 -1- PH # 81936 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 -2- PH # 81936 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 E Keé i 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). i g eo 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 -3- PH # 81936 Case #: 2017-013671-CA-O1 CFN: 20180356115 BOOK 31017 PAGE 92 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 gt 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 (NAL an THE 60 ny oTH ig CLOSE THs CASE ORIGINAL AN OR evALLouP s Tagen) reseed SUDGE JOHN W. THORNTON JR Ag 10 jnitials J wes -4- PH # 81936 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! -5- » WIS PH # 81936 «BE LRM AY Aen Ais Case #: 2017-013671-CA-01