Preview
CFN: 20180117231 BOOK 30877 PAGE 1255
DATE:02/28/2018 08:34:07 AM
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
CASE NO. 13-2017-CA-014136
THE MONEY SOURCE INC.,
Plaintiff(s),
vs.
BRYAN T. PETORAK; ATLANTIS AT THE OASIS
NEIGHBORHOOD ASSOCIATION, INC.; OASIS FINAL ORDERS L PARTIES
COMMUNITY HOMEOWNERS ASSOCIATION, INC.;
ANY AND ALL UNKNOWN PARTIES CLAIMING BY, SRS DISPOSITION
(tT
THROUGH, UNDER, AND AGAINST THE HEREIN NUMBER
NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT THE COURT HIS E AGAINST.
ANY PARTY TE FINAL ORDER
KNOWN TO BE DEAD OR ALIVE, WHETHER SAID CASE IS CLOSE!
OR Pi HOUS
UNKNOWN PARTIES MAY CLAIM AN INTEREST AS
AST tials:
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).
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 October 13, 2017 $8,917.12:
Interest from October 14, 2017 to February 22, 2018 $2,688.84—°
Interest to date of this judgment
$326.8) nN 2
Pro-Rata MIP
Mortgage Insurance $992.52,
$929.1 1c. x m—
County taxes
Insurance Premiums $1,531.00 5 oO
v
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
jabor expended, the Court
finds that a lodestar analysis is not necessary and that the flat fee is
easonable.
Court Costs, Now Taxed:
Filing Fee $916.00
Title search expenses $325.00
Service of Process $601.30
Assignment of Mortgage — Recording $23.00
cn
es
CFN: 20180117231 BOOK 30877 PAGE 1256
LP Recording Fee $75.00
Additional Costs:
Property Inspections
$190.00
Total Fees $10.00
LESS: Suspense Balance
$(275.92)
GRAND TOTAL $189,963.54
from this date forward at the
Interest. The grand total amount referenced in Paragraph | shall bear interest
prevailing legal rate of interest 5.53% a year.
Lien on Property. Plaintiff, The Money Source, Inc., whose address is 500 South Broad Street, Suite
to all claims or estates of the
#100A,Meriden, CT 06450 holds a lien for the grand total sum superior
Florida:
defendant(s). on the following described property in MIAMI-DADE County,
THEREOF, AS
LOT 18 IN BLOCK 2 OF ATLANTIS AT OASIS, ACCORDING TO THE PLAT
OF MIAMI-DADE
RECORDED IN PLAT BOOK 165 AT PAGE 66, OF THE PUBLIC RECORDS
COUNTY, FLORIDA.
Property address: 2363 NE 3RD COURT, HOMESTEAD, FL 33033
ed in Paragraph 2 and all costs
4 Sale of property. If the grand total amount with interest at the rate describ
shall sell the subject property at
accrued subsequent to this judgment are not paid, the Clerk of the Court
we
public sale on a4 201 S: , at 9:00 A. M. to the highest
notice as required by Section 45.0! 31, Florida Statutes. The subject
bidder
property
for cash
shall
after having first given
be sold by electronic sale
at: www.miamidade.realforeclose.com.
be rei imbursed for them by the
Costs. Plaintiff shall advance all subsequent costs of this action and shall that the purchaser of the
f not the purchaser of the property for sale, provided, however,
Clerk if Plaintifis
property for sale shall be responsible for documentary stamps a! ffixed to the certifica te of title. If plaintiff is
accruing
the purchaser, the Clerk s| hall credit plaintiff's bid with the total sum with interest and costs
subsequent to this judgment, or suc! ‘h part of it, as is necessar y to pay the bid in full.
distribute the proceeds of the
Distribution of Proceeds. On filing the Certificate of Title, the Clerk shall
second, documentary stamps
sale, so far as they are sufficient, by paying: first, all of the plaintiff's costs;
total sum due to the plaintiff, les the
affixed to the Certificate; third, plaintiff's att orneys’ fees; fourth, the late of the sale; and by
items paid, plus interest at the rate prescribed in paragraph 2 from this date to the d
retaining any remaining amount pending the further order of this Court.
claiming under or
Right of Possession. Upon fi ling of the Certificate of Sale, defendants(s) and all persons
of all estate or claim in
against defendant(s) since the filing of the Notice of Lis Pendens shall be foreclosed
720, Fla. Stat, if any. Upon filing
the property, except as to claims or righ ts under Chapter 718 or Chapter
of Title shall be let into possession of the
of the Certificate of Title, the person named on the Certificat te
at Foreclosu re Act of 2009.
property, subject to the provisions of the Protecting Tenants
deems just and
Jurisdiction. TheCourt specifically reserves jurisdiction to enter further orders the Court
and entry of deficie ncy
proper to include, without limitation, the following: orders related to pursuit
in bankruptcy, or it is not prohibit ed by federal law or
judgment, if Defendant has not been disch: arged
. on;
fees and costs; writs ofpossessi
mutual settlement agreement; orders granti ing additional attorney’s
nts that may be due a condomi nium or
orders determining the amount and responsibility for assessme
of the Florida Statues; orders arising
homeowner’s association pursuant to sections 71 8.116 or 720.3085
out of re-foreclosure, to includepermitting a supplemental | complaint to add an interest-holder, and/or;
title.
orders involving reformation of the mortgage instrument or deed to perfect
assign the successful bid
If the Plaintiff is the successful purchaser at the foreclosure sale, Plaintiff may also
without further order of this Court.
CFN: 20180117231 BOOK 30877 PAGE 1257
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 SQON AS P; SSIBLE AFTER
RECEIPT OF THIS NOTICE.
DONE AND ORDERED in Chambers in iami Dade Co /). \y Aa, this ky of hard
er / YyoeV
AB-17-010159
Copies furnished to: AACHAEL A. HANZMAS:
Albertelli Law
P.O. Box 23028
Tampa, FL 33623
eService: servealaw@albertellilaw.com
Bryan T. Petorak
2363 NE 3rd Court
Homestead, FL 33033
Atlantis at the Oasis Neighborhood Association, Inc
c/o Victor Fagundo, VP
2266 NE 3rd Ct.
Homestead, FL 33033
CFN: 20180117231 BOOK 30877 PAGE 1258
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
Preview
CFN: 20180117231 BOOK 30877 PAGE 1255 DATE:02/28/2018 08:34:07 AM 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 CASE NO. 13-2017-CA-014136 THE MONEY SOURCE INC., Plaintiff(s), vs. BRYAN T. PETORAK; ATLANTIS AT THE OASIS NEIGHBORHOOD ASSOCIATION, INC.; OASIS FINAL ORDERS L PARTIES COMMUNITY HOMEOWNERS ASSOCIATION, INC.; ANY AND ALL UNKNOWN PARTIES CLAIMING BY, SRS DISPOSITION (tT THROUGH, UNDER, AND AGAINST THE HEREIN NUMBER NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT THE COURT HIS E AGAINST. ANY PARTY TE FINAL ORDER KNOWN TO BE DEAD OR ALIVE, WHETHER SAID CASE IS CLOSE! OR Pi HOUS UNKNOWN PARTIES MAY CLAIM AN INTEREST AS AST tials: 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). 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 October 13, 2017 $8,917.12: Interest from October 14, 2017 to February 22, 2018 $2,688.84—° Interest to date of this judgment $326.8) nN 2 Pro-Rata MIP Mortgage Insurance $992.52, $929.1 1c. x m— County taxes Insurance Premiums $1,531.00 5 oO v 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 jabor expended, the Court finds that a lodestar analysis is not necessary and that the flat fee is easonable. Court Costs, Now Taxed: Filing Fee $916.00 Title search expenses $325.00 Service of Process $601.30 Assignment of Mortgage — Recording $23.00 cn es CFN: 20180117231 BOOK 30877 PAGE 1256 LP Recording Fee $75.00 Additional Costs: Property Inspections $190.00 Total Fees $10.00 LESS: Suspense Balance $(275.92) GRAND TOTAL $189,963.54 from this date forward at the Interest. The grand total amount referenced in Paragraph | shall bear interest prevailing legal rate of interest 5.53% a year. Lien on Property. Plaintiff, The Money Source, Inc., whose address is 500 South Broad Street, Suite to all claims or estates of the #100A,Meriden, CT 06450 holds a lien for the grand total sum superior Florida: defendant(s). on the following described property in MIAMI-DADE County, THEREOF, AS LOT 18 IN BLOCK 2 OF ATLANTIS AT OASIS, ACCORDING TO THE PLAT OF MIAMI-DADE RECORDED IN PLAT BOOK 165 AT PAGE 66, OF THE PUBLIC RECORDS COUNTY, FLORIDA. Property address: 2363 NE 3RD COURT, HOMESTEAD, FL 33033 ed in Paragraph 2 and all costs 4 Sale of property. If the grand total amount with interest at the rate describ shall sell the subject property at accrued subsequent to this judgment are not paid, the Clerk of the Court we public sale on a4 201 S: , at 9:00 A. M. to the highest notice as required by Section 45.0! 31, Florida Statutes. The subject bidder property for cash shall after having first given be sold by electronic sale at: www.miamidade.realforeclose.com. be rei imbursed for them by the Costs. Plaintiff shall advance all subsequent costs of this action and shall that the purchaser of the f not the purchaser of the property for sale, provided, however, Clerk if Plaintifis property for sale shall be responsible for documentary stamps a! ffixed to the certifica te of title. If plaintiff is accruing the purchaser, the Clerk s| hall credit plaintiff's bid with the total sum with interest and costs subsequent to this judgment, or suc! ‘h part of it, as is necessar y to pay the bid in full. distribute the proceeds of the Distribution of Proceeds. On filing the Certificate of Title, the Clerk shall second, documentary stamps sale, so far as they are sufficient, by paying: first, all of the plaintiff's costs; total sum due to the plaintiff, les the affixed to the Certificate; third, plaintiff's att orneys’ fees; fourth, the late of the sale; and by items paid, plus interest at the rate prescribed in paragraph 2 from this date to the d retaining any remaining amount pending the further order of this Court. claiming under or Right of Possession. Upon fi ling of the Certificate of Sale, defendants(s) and all persons of all estate or claim in against defendant(s) since the filing of the Notice of Lis Pendens shall be foreclosed 720, Fla. Stat, if any. Upon filing the property, except as to claims or righ ts under Chapter 718 or Chapter of Title shall be let into possession of the of the Certificate of Title, the person named on the Certificat te at Foreclosu re Act of 2009. property, subject to the provisions of the Protecting Tenants deems just and Jurisdiction. TheCourt specifically reserves jurisdiction to enter further orders the Court and entry of deficie ncy proper to include, without limitation, the following: orders related to pursuit in bankruptcy, or it is not prohibit ed by federal law or judgment, if Defendant has not been disch: arged . on; fees and costs; writs ofpossessi mutual settlement agreement; orders granti ing additional attorney’s nts that may be due a condomi nium or orders determining the amount and responsibility for assessme of the Florida Statues; orders arising homeowner’s association pursuant to sections 71 8.116 or 720.3085 out of re-foreclosure, to includepermitting a supplemental | complaint to add an interest-holder, and/or; title. orders involving reformation of the mortgage instrument or deed to perfect assign the successful bid If the Plaintiff is the successful purchaser at the foreclosure sale, Plaintiff may also without further order of this Court. CFN: 20180117231 BOOK 30877 PAGE 1257 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 SQON AS P; SSIBLE AFTER RECEIPT OF THIS NOTICE. DONE AND ORDERED in Chambers in iami Dade Co /). \y Aa, this ky of hard er / YyoeV AB-17-010159 Copies furnished to: AACHAEL A. HANZMAS: Albertelli Law P.O. Box 23028 Tampa, FL 33623 eService: servealaw@albertellilaw.com Bryan T. Petorak 2363 NE 3rd Court Homestead, FL 33033 Atlantis at the Oasis Neighborhood Association, Inc c/o Victor Fagundo, VP 2266 NE 3rd Ct. Homestead, FL 33033 CFN: 20180117231 BOOK 30877 PAGE 1258 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