arrow left
arrow right
  • 01 2015 CA 004629 - CIRCUIT MORTGAGE FORECLOSURE - DIV MG (JUDGE KREIDER) US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR - VS - ALLEN, SANDRA et al NON HOMESTEAD RES. - $250,000 OR MORE document preview
  • 01 2015 CA 004629 - CIRCUIT MORTGAGE FORECLOSURE - DIV MG (JUDGE KREIDER) US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR - VS - ALLEN, SANDRA et al NON HOMESTEAD RES. - $250,000 OR MORE document preview
  • 01 2015 CA 004629 - CIRCUIT MORTGAGE FORECLOSURE - DIV MG (JUDGE KREIDER) US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR - VS - ALLEN, SANDRA et al NON HOMESTEAD RES. - $250,000 OR MORE document preview
  • 01 2015 CA 004629 - CIRCUIT MORTGAGE FORECLOSURE - DIV MG (JUDGE KREIDER) US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR - VS - ALLEN, SANDRA et al NON HOMESTEAD RES. - $250,000 OR MORE document preview
  • 01 2015 CA 004629 - CIRCUIT MORTGAGE FORECLOSURE - DIV MG (JUDGE KREIDER) US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR - VS - ALLEN, SANDRA et al NON HOMESTEAD RES. - $250,000 OR MORE document preview
  • 01 2015 CA 004629 - CIRCUIT MORTGAGE FORECLOSURE - DIV MG (JUDGE KREIDER) US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR - VS - ALLEN, SANDRA et al NON HOMESTEAD RES. - $250,000 OR MORE document preview
  • 01 2015 CA 004629 - CIRCUIT MORTGAGE FORECLOSURE - DIV MG (JUDGE KREIDER) US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR - VS - ALLEN, SANDRA et al NON HOMESTEAD RES. - $250,000 OR MORE document preview
  • 01 2015 CA 004629 - CIRCUIT MORTGAGE FORECLOSURE - DIV MG (JUDGE KREIDER) US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR - VS - ALLEN, SANDRA et al NON HOMESTEAD RES. - $250,000 OR MORE document preview
						
                                

Preview

IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR ALACHUA COUNTY, FLORIDA U.S. BANK, N.A, CASE No.: 01-2015-CA-004629 Plaintiff RECORDED IN OFFICIAL RECORDS INSTRUMENT# 3158064 8 PG(S) 11/8/2018 4:29 PM vs. BOOK 4642 PAGE 2278 J.K. JESS IRBY, ESQ. SANDRA ALLEN; ET AL Clerk of the Court, Alachua County, Florida ERECORDED Receipt# 859814 Defendant(s) Doc Stamp-Mort: $0.00 Doc Stamp-Deed: $0.00 Intang. Tax: $0.00 REPORT AND RECOMMENDATION OF GENERAL MAGISTRATE, CONSENT FINAL JUDGMENT OF FORECLOSURE THIS CAUSE having come before the undersigned General Magistrate, and having reviewed the record and being otherwise fully advised in the premises, the Magistrate makes the following findings of fact: A The General Magistrate and the Court have jurisdiction and the parties have consented to the Magistrate hearing this case. Plaintiff has standing to bring this action. Defendants were properly served and noticed. A Non-Jury Trial was held on August 9, 2017. At this Non-Jury Trial, the Plaintiff and Defendants filed with the Court a Stipulation for Consent for Final Judgment. This Stipulation was filed with the Clerk’s Office and is docketed on August 10, 2017. Plaintiff has produced and filed the Original Note in this action. The Magistrate has considered the affidavits and/or testimony presented and finds that Plaintiff is entitled to the relief set forth in the Final Judgment of Foreclosure attached hereto. G. All parties have WAIVED the ten-day period in which to file exceptions to the Report and Recommendations of the General Magistrate. IT IS THEREFORE RECOMMENDED that the Final Judgment of Foreclosure attached hereto be entered by the Circuit Court. REPORTED AND RECOMMENDED thi ISS of August, 2017. Tow er VAN VORST INERAL MAGISTRATE rhs0 cm ,* On — ae Pom ona AL B58 (oittionmn 335 ws avs v oU Ww 3158064 Page 2 of 8 IN THE CIRCUIT COURT OF THE 13TH JUDICIAL CIRCUIT IN AND FOR ALACHUA COUNTY, FLORIDA CASE No. 2015 CA 004629 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE LOAN TRUST 2007-BNC1 MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2007- BNCI Plaintiff vs. SANDRA ALLEN; LESLIE ALLEN; ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER, AND AGAINST THE HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN TO. Fou >Re BE DEAD OR ALIVE, WHETHER SAID ams UNKNOWN PARTIES MAY CLAIM AN GR Ou INTEREST AS SPOUSES, HEIRS, DEVISEES, ror cn AL GRANTEES, OR OTHER CLAIMANTS. 252 Defendants. za2 / aa so< 7 FINAL JUDGMENT OF FORECLOSURE THIS CAUSE having come before this Court on August 9, 2017 for a Non-Jury Trial and the Court having received testimony, evidence legal ee a present and the Court 7 i - being otherwise fully advised, it is ~ ORDERED AND ADJUDGED: | 1 This Court has jurisdiction of the subject matter hereof and the parties hereto. The Plaintiff has established by competent proof the allegations of the Complaint, and the equities of the action are with the Plaintiff. 2 Plaintiff is entitled to foreclosure of its mortgage lien and said lien is prior in date and superior in dignity to the right, title, interest, claim, lien and demand of the defendants herein. 3158064 Page 3 of 8 upon the mortgaged property herein foreclosed, to wit: LOT 3, COCO-PLUM ESTATES ADDITION NO. ONE, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK M, PAGE 67, OF THE PUBLIC RECORDS OF ALACHUA COUNTY, FLORIDA. and all fixtures and personal property located therein or thereon, which are included as security in Plaintiff's mortgage, and all rent monies sequestered with the Clerk of Court in the above entitled cause, which are secured by Plaintiff's mortgage. 3 There are due to Plaintiff the following sums: Principal $369,128.73 Interest from 02/01/2011 Through 08/9/2017 $ 95,086.78 Pre-Acceleration Late Charges $ 538.30 Property Taxes 16,921.29 Hazard Insurance 19,365.79 Escrow Balance 6,731.58 Title Information 1,425.00 Filing Fee 1,908.00 Lis Pendens 9.00 Court Summons 20.00 Service of Process Fees 128.00 SSN Search 70.00 Document Retrieval 90.00 Court Reporting 283.66 Property Inspection Fee(s) 762.50 Property Valuation Fee(s) 735.00 Maintenance Fee(s) 3,754.75 ee Ud25 _ SUBTOTAL $517,072.63 Attorney’s Fees* $ 19,358.50 TOTAL $536,431.13 *Given the amount of the fees requested and the labor expended, the Court finds that a lodestar analysis is not necessary and that the amount of attorney’s fees herein are reasonable. 3158064 Page 4 of 8 4 If the total sums of money found to be due herein to Plaintiff and all costs of this proceeding incurred after date of this judgment, including interest hereon, are not forthwith paid, then the Clerk of this Court shall sell the mortgaged property at public sale at 11:00 a.m. on the AW day ot__ November __.201.71__, to the highest bidder or bidders for via online at www.alachua.realforeclose.com, after having first given notice as required by Section 45.031, Florida Statutes. The Clerk of this Court shall not conduct a sale pursuant to this judgment unless the Plaintiff or its representative is present to bid at the sale. 5 If the successful bidder fails to pay the bid in full to the Clerk by 5:00 p.m. on the next business day after the scheduled sale, the Clerk of the Court shall re-advertise the sale as provided in Florida Statute 45.031(2) and pay all costs of the sale from the deposit and apply any remaining funds therefrom toward the judgment. 6 Plaintiff shall advance the cost of publishing the Notice of Sale, and Plaintiff shall be reimbursed therefor by the Clerk out of the proceeds of the sale if Plaintiff shall not become the purchaser of the property at the sale. The purchaser at the sale shall pay, in addition to the amount bid, the Clerk’s fee and the documentary stamps to be affixed to the Certificate of Title. 7 Plaintiff may bid at the sale, and if Plaintiffis the purchaser at thesale, the clerk Shall credit Plaintiff” s bid with the total sum a interest and costs accruing subsequent to this — - - 7 ~ 7 judament, orsuch portion thereof as may be necessary to pay Plaintiff's bid. if Plaintiff shall be the purchaser at the sale, the Clerk is hereby directed to deliver to Plaintiff the original note and mortgage received as evidence in this cause. 8 Upon issuance of a Certificate of Title by the Clerk of this Court, the Clerk shall also distribute the proceeds of the sale, so far as they are sufficient, by paying in the following order: A All costs and expenses of these proceedings subsequent to entry of this 3 3158064 Page 5 of 8 judgment, including the cost of publishing the notice of sale and the Clerk’s fee ($70.00) for making the sale (unless the Plaintiff, having already paid for those two items of costs, shall be the purchaser at the sale) the cost of the state documentary stamps affixed to the Certificate of Title (based on the amount bid for the property) and , to Plaintiff's attorney, the fee herein above allowed as Plaintiff's attorney fee. B. The total sum due Plaintiff, less the items paid above, plus interest from the date of this judgment to the date of payment to Plaintiff at the rate established by the Comptroller of the State of Florida pursuant to Florida Statute 55.03(1). C. The remaining proceeds, if any, shall be retained by the Clerk pending further order of the Court. If the total amount realized shall not be sufficient to pay all sums due Plaintiff under this judgment, the Clerk shall pay first those specified in paragraph 8(A) and shall pay the balance to Plaintiff. 9 The Clerk is directed to forthwith pay to Plaintiff all sums held by it in the Court Registry in connection with the above-entitled action sufficient to pay all sums due Plaintiff under this judgment. Upon Plaintiff’s receipt of the disbursed sums, the amount found due Plaintiff in this judgment will be reduced by the amount of that disbursement. The Clerk’s check for the Aisbursement Shall bemade payable to Plaintiff ‘and delivered to Plaintiff'sattomey, Clarfield, Okon, & Salomone, P.L., 500 S. Australian Avenue, Suite 825, West Palm Beach, FL 33401. 10. Upon the filing of a Certificate of Sale by the Clerk of the Court, the Defendants and all persons claiming under or against them since-the filing of the Notice of Lis Pendens shall be forever foreclosed of and from all right of redemption and all other right, title, interest, equity, claim, estate and demand in or to the mortgaged property, except as to claims or rights under Chapter 718 or 720, Florida Statutes, if any. Upon issuance of a Certificate of Title, the Clerk of this Court is hereby 4 3158064 Page 6 of 8 ordered and directed to forthwith issue a Writ of Possession and the purchaser at the judicial sale, or his its representatives or assigns shall be let into immediate possession of the property. 11 If, subsequent to the date hereof, and prior to the sale, Plaintiff shall be required to advance any monies to protect its mortgage lien, or if Plaintiff pays fees determined by any Court order to be due for the services of any attorney ad litem, administrator ad litem or guardian ad litem who has been appointed by the Court to represent the interest of any defendant in the above-entitled cause, then Plaintiff or its attorney shall so certify to the Clerk of this Court and the amount due Plaintiff in this judgment shall be increased by, and shall include, the amount of such advances without further order of this Court. 12. The Court retains jurisdiction of this action to enter further orders as are proper, including, without limitation, the taxing of Plaintiffs reasonable attorney’s fees, supplemental and/or re-foreclosure actions against omitted parties or unknown parties,and-defieieurrprigments “5 IC 13 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 sales proceeds pursuant to this final judgment. 14 Plaintiff reserves the right to assign its right to bid at auction sale to any other entity. Court approval. the assignment of bid is not ot required a — ~ ~ 15 The tights and interests of the parties and anyone acquiring title to the mortgaged property at foreclosure sale are subject to and governed by §83.561, Florida Statutes Termination of rental agreement upon foreclosure 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. 3158064 Page 7 of 8 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 of Alachua County, Florida, at Alachua County Courthouse, 201 East University Avenue, Gainesville, FL, within ten (10) days after the sale to see if there is additional money from the foreclosure sale that the Clerk has in 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 Jacksonville Areal Legal Aid, 126 W. Adams Street, Jacksonville, FL, (904) 356- 8371, to see if you qualify 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 Jacksonville Areal Legal Aid, 126 W. Adams Street, Jacksonville, FL, (904) 356-8371, for assistance, you should do so as soon as possible after receipt of this notice. DONE AND ORDERED in Open Court at Gainesville, Alachua County, Florida, this = 17 day ¢ of Puaust _ » 201 7. OO) LE Circuit Judge Copies furnished to all parties on the attached Service List. 3158064 Page 8 of 8 SERVICE LIST CASE No. 2015 CA 004629 Curtis M. Elmore, Esq. CURTIS ELMORE LA, A. 408 West Univers; venue, Suite 9D Gainesville, 2601 curtist ‘iselmorelaw.com Att fey for Sandra Allen and Leslie Allen James H. Cerveny, Esq. JAMES H. CERVENY, ATTORNEY AT LAW LLC yy 1031 Northwest 6th Street, Suite F3 Wr " es! 8 Gainsville, FL 32601 yulbluka@gmail.com Co-Counsel for Sandra Allen and Leslie Allen SOROS CCR RICO ee oR Ce ak ae oe Ae Cae kadai ade ak CLARFIELD, OKON & SALOMONE, P.L. 500 South Australian Avenue, Suite 825 West Palm Beach, FL 33401 Telephone: (561) 713-1400 Facsimile: (561) 713-1401 Email: Pleadings@cosplaw.com os a