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CFN: 20190358735 BOOK 31477 PAGE 129
DATE:06/10/2019 01:30:28 PM
HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN
AND FOR MIAMI-DADE COUNTY FLORIDA
CIRCUIT CIVIL DIVISION
THE MONEY SOURCE INC.,
Plaintiff(s),
vs.
BRYAN T. PETORAK; ATLANTIS AT THE OASIS
NEIGHBORHOOD ASSOCIATION, INC.; OASIS
COMMUNITY HOMEOWNERS ASSOCIATION, INC;
ANY AND ALL UNKNOWN PARTIES CLAIMING BY,
THROUGH, UNDER, AND 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 PARTY #1, UNKNOWN
PARTY #2, UNKNOWN PARTY #3, and UNKNOWN
PARTY #4 THE NAMES BEING FICTITIOUS TO.
ACCOUNT FOR PARTIES IN POSSESSION,
Defendant(s).
CASE NO. 13-2017-CA-014136
980934 804 3714
AMENDED FINAL JUDGMENT OF FORECLOSURE
THIS ACTION was heard before the Court at the Plaintiff's Motion for Summary Judgment on February 22,
2018. On the evidence presented, IT IS ORDERED AND ADJUDGED that Final Judgment in favor of the Plaintiff is
GRANTED. Service of process has been duly and regularly obtained over Defendants: Bryan T. Petorak; Atlantis at
the Oasis Neighborhood Association, Inc.; Oasis Community Homeowners Association, Inc.
1. Amounts Due and Owing. Plaintiff is due:
Principal due on the note secured but the mortgage foreclosed: $169,913.69
Interest on the note and mortgage from August 1, 2016 to May 1, 2019 $20,442.84
Pro-Rata MIP $212.44
Escrow Advance $23,435.95
Attorney's fees total: $2,800.00
(*The requested attorney’s fee is a flat rate fee that the firm’s client has
agreed to pay in this matter. Given the amount of the fee requested and the
labor expended, the Court
finds that a lodestar analysis is not necessary and that the flat fee is
reasonable.
Court Costs, Now Taxed:
Filing Fee $916.00
$325.00
Title search expensesCFN: 20190358735 BOOK 31477 PAGE 130
Service of Process $601.30
Assignment of Mortgage — Recording $23.00
LP Recording Fee $75.00
Additional Costs:
Pre-Accelerated late charges $69.53
Property Inspections $450.00
Total Fees $10.00
LESS: Suspense Balance $(20,321.31)
GRAND TOTAL $198,953.44
Interest. The grand total amount referenced in Paragraph 1 shall bear interest from this date forward at the
prevailing legal rate of interest 6.57% a year.
Lien on Property. Plaintiff, The Money Source, Inc., whose address is 500 South Broad Street, Suite
#100A,Meriden, CT 06450 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:
LOT 18 IN BLOCK 2 OF ATLANTIS AT OASIS, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 165 AT PAGE 66, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA.
Property address: 2363 NE 3RD COURT, HOMESTEAD, FL 33033
4,
Sale of property. If the grand total amount with interest at the rate described in Paragraph 2 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 LQ, 201.4, at 9:00 A.M. to the highest bidder for cash after having first given
notice as required by Section 45.031, Florida Statutes. The subject property shall be sold by electronic sale
at: www.miamidade.realforeclose.com.
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 plaintiff's costs; second, documentary stamps
affixed to the Certificate; third, plaintiff's attorneys’ fees; fourth, the total sum due to the plaintiff, les 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, defendants(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 specifically reserves jurisdiction to enter further orders the Court deems just and
proper to include, without limitation, the following: orders related to pursuit and entry of deficiency
judgment, if Defendant has not been discharged in bankruptcy, or it is not prohibited by federal law or
mutual settlement agreement; orders granting additional attorney’s fees and costs; writs of possession;
orders determining the amount and responsibility for assessments that may be due a condominium or
homeowner’s association pursuant to sections 718.116 or 720.3085 of the Florida Statutes; orders arising
out of re-foreclosure, to include permitting a supplemental complaint to add an interest-holder, and/or;
orders involving reformation of the mortgage instrument or deed to perfect title.CFN: 20190358735 BOOK 31477 PAGE 131
9 If the Plaintiff is the successful purchaser at the foreclosure sale, Plaintiff may also assign the successful bid
without further order of this 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 LIENHOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER
THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK 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 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, FL (TELEPHONE : (305) 375-5943), 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 THE LEGAL AID SOCIETY
AT THE DADE COUNTY BAR ASSOCIATION, 123 NW 1ST AVENUE, SUITE 214, MIAMI, FL 33128
(TELEPHONE: (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 POSSIBLE AFTER
RECEIPT OF THIS NOTICE.
MA-17-010159
Copies furnished to:
FINAL ORDERS AS TO ALL
Albertelli Law
P.O, Box 23028 ie (2
Tampa, FL 33623 N
eService: servealaw@albertellilaw.com “= COURT DISMISSES T)
RTY NOT LIST!
RIS). THIS CASE
Bryan T. Petorak
2363 NE 3rd Court
Homestead, FL 33033Atlantis at the Oasis Neighborhood Association, Inc.
c/o Victor Fagundo, VP
2266 NE 3rd Ct.
Homestead, FL 33033
Oasis Community Homeowners Association, Inc.
c/o Ramon Palacio
P.O. Box 311059
Miami, FL 33231
E-Serve 1: filings@algpl.com
E-Serve 2: ramon@algpl.com
CFN: 20190358735 BOOK 31477 PAGE 132
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CFN: 20190358735 BOOK 31477 PAGE 129 DATE:06/10/2019 01:30:28 PM HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY FLORIDA CIRCUIT CIVIL DIVISION THE MONEY SOURCE INC., Plaintiff(s), vs. BRYAN T. PETORAK; ATLANTIS AT THE OASIS NEIGHBORHOOD ASSOCIATION, INC.; OASIS COMMUNITY HOMEOWNERS ASSOCIATION, INC; ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER, AND 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 PARTY #1, UNKNOWN PARTY #2, UNKNOWN PARTY #3, and UNKNOWN PARTY #4 THE NAMES BEING FICTITIOUS TO. ACCOUNT FOR PARTIES IN POSSESSION, Defendant(s). CASE NO. 13-2017-CA-014136 980934 804 3714 AMENDED FINAL JUDGMENT OF FORECLOSURE THIS ACTION was heard before the Court at the Plaintiff's Motion for Summary Judgment on February 22, 2018. On the evidence presented, IT IS ORDERED AND ADJUDGED that Final Judgment in favor of the Plaintiff is GRANTED. Service of process has been duly and regularly obtained over Defendants: Bryan T. Petorak; Atlantis at the Oasis Neighborhood Association, Inc.; Oasis Community Homeowners Association, Inc. 1. Amounts Due and Owing. Plaintiff is due: Principal due on the note secured but the mortgage foreclosed: $169,913.69 Interest on the note and mortgage from August 1, 2016 to May 1, 2019 $20,442.84 Pro-Rata MIP $212.44 Escrow Advance $23,435.95 Attorney's fees total: $2,800.00 (*The requested attorney’s fee is a flat rate fee that the firm’s client has agreed to pay in this matter. Given the amount of the fee requested and the labor expended, the Court finds that a lodestar analysis is not necessary and that the flat fee is reasonable. Court Costs, Now Taxed: Filing Fee $916.00 $325.00 Title search expensesCFN: 20190358735 BOOK 31477 PAGE 130 Service of Process $601.30 Assignment of Mortgage — Recording $23.00 LP Recording Fee $75.00 Additional Costs: Pre-Accelerated late charges $69.53 Property Inspections $450.00 Total Fees $10.00 LESS: Suspense Balance $(20,321.31) GRAND TOTAL $198,953.44 Interest. The grand total amount referenced in Paragraph 1 shall bear interest from this date forward at the prevailing legal rate of interest 6.57% a year. Lien on Property. Plaintiff, The Money Source, Inc., whose address is 500 South Broad Street, Suite #100A,Meriden, CT 06450 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: LOT 18 IN BLOCK 2 OF ATLANTIS AT OASIS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 165 AT PAGE 66, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. Property address: 2363 NE 3RD COURT, HOMESTEAD, FL 33033 4, Sale of property. If the grand total amount with interest at the rate described in Paragraph 2 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 LQ, 201.4, at 9:00 A.M. to the highest bidder for cash after having first given notice as required by Section 45.031, Florida Statutes. The subject property shall be sold by electronic sale at: www.miamidade.realforeclose.com. 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 plaintiff's costs; second, documentary stamps affixed to the Certificate; third, plaintiff's attorneys’ fees; fourth, the total sum due to the plaintiff, les 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, defendants(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 specifically reserves jurisdiction to enter further orders the Court deems just and proper to include, without limitation, the following: orders related to pursuit and entry of deficiency judgment, if Defendant has not been discharged in bankruptcy, or it is not prohibited by federal law or mutual settlement agreement; orders granting additional attorney’s fees and costs; writs of possession; orders determining the amount and responsibility for assessments that may be due a condominium or homeowner’s association pursuant to sections 718.116 or 720.3085 of the Florida Statutes; orders arising out of re-foreclosure, to include permitting a supplemental complaint to add an interest-holder, and/or; orders involving reformation of the mortgage instrument or deed to perfect title.CFN: 20190358735 BOOK 31477 PAGE 131 9 If the Plaintiff is the successful purchaser at the foreclosure sale, Plaintiff may also assign the successful bid without further order of this 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 LIENHOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK 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 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, FL (TELEPHONE : (305) 375-5943), 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 THE LEGAL AID SOCIETY AT THE DADE COUNTY BAR ASSOCIATION, 123 NW 1ST AVENUE, SUITE 214, MIAMI, FL 33128 (TELEPHONE: (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 POSSIBLE AFTER RECEIPT OF THIS NOTICE. MA-17-010159 Copies furnished to: FINAL ORDERS AS TO ALL Albertelli Law P.O, Box 23028 ie (2 Tampa, FL 33623 N eService: servealaw@albertellilaw.com “= COURT DISMISSES T) RTY NOT LIST! RIS). THIS CASE Bryan T. Petorak 2363 NE 3rd Court Homestead, FL 33033Atlantis at the Oasis Neighborhood Association, Inc. c/o Victor Fagundo, VP 2266 NE 3rd Ct. Homestead, FL 33033 Oasis Community Homeowners Association, Inc. c/o Ramon Palacio P.O. Box 311059 Miami, FL 33231 E-Serve 1: filings@algpl.com E-Serve 2: ramon@algpl.com CFN: 20190358735 BOOK 31477 PAGE 132