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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.
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INERAL MAGISTRATE
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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
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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
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