On May 12, 2008 a
Final Judgment 4176208 Comments: Final Judgment|FINAL JUDGMENT-COUNT VI, KATHLEEN WOODS SALE DATE 12/10/2008, $9775.19.SENT TO RECORDING 11/18/08
was filed
involving a dispute between
Orange Lake Country Club Inc,
and
Carolyn Mobley,
Catherine M Silva,
Christopher A Maragh,
Corinna R Seaton,
Hector L Castro,
Ilda G Fernandes,
John C Silva,
John E Feduccia,
Juan L Ponce Miranda,
Kathleen K Woods,
Lorie T Natyshak,
Maribel Gonzalez Nieves,
Mark E Choy,
Mia K Warnemunde,
Nildes Perez De Alejo Perez,
Raul Otero,
Roberta A Natyshak,
Yasenia Maragh,
for CA - Timeshare Foreclosure (filed prior to 6/1/2009)
in the District Court of Orange County.
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NOV 1 8 2008
IN THE CIRCUIT COURT, IN AND FOR
ORANGE COUNTY, FLORIDA
CASE NO. 08-CA-l 1293 #37
ORANGE LAKE COUNTRY CLUB, INC.,
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FINAL JUDGMENT OF FORECLOSURE AS TO COUNT VL KATHLEEN K. WOODS
This cause came before the Court for hearing upon PlaintifPs Motion for Entry of Final
Judgment as to Count VI. After reviewing the record, including affidavits submitted by PlaintifF, hearing
the argument of counsel, and being otherwise fiilly advised in the premises, the Court finds that Defaults
were properly entered against Defendant(s), KATHLEEN K. WOODS , by the Clerk of the Court and
that PlaintifF is entitled to the entry of a Judgment in itsfavor as to Count VI of the Complaint. It is,
therefore,
ORDERED and ADJUDGED:
1. PlaintifPs Motion for Entry of Final Judgment as to Count VI is granted.
2. PlaintifF, ORANGE LAKE COUNTRY CLUB, INC., whose address is 8505 West Irio
Bronson Memorial Highway, Kissimmee, Fl. 34747, is due:
Unpaid Principal Balance ofthe Note $ 6,968.36
Accmed Interest at 14.9 % per
Annum from 10/2/2006
Through November 6, 2008
(765 days @ $2.84 per day) $ 2,172.00
Costs ofthis Action $ 134.83
Attomey Fees $ 500.00
TOTAL SUM DUE TO PLAINTIFF $ 9,775.19
The aforesaid total sum due to Plaintiff shall bear interest at the rate of nine percent (11%) per year.
3. PlaintifF holds a lien for the total sum superior to any claim or estate of Defendant(s),
KATHLEEN K. WOODS , whose last known address is 261 Lakeside Road „ Newburgh, NY, 12550-, on
the following described property in Orange County, Florida:
UNIT/WEEK: 86215/37
of ORANGE LAKE COUNTRY CLUB, , Villas III, a Condominium, together with an
undivided interest in the common elements appurtenant thereto, according to the
Declaration of Condominium thereof recorded in Official Records Book 5914, Page
1965, in the Public Records of Orange County, Florida, and all amendments thereto, the
plat ofwhich is recorded in Condominium Book 28, page 84-92, until 12:00 noon on the
first Saturday 2071, at which date said estate shall terminate; TOGETHER with a
remainder over in fee simple absolute as tenant in common with the other owners of all
the unit weeks in the above described Condominium in the percentage interest established
in the Declaration of Condominium.
TOGETHER with all of the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
4. Ifthe total sum with interest at the rate described in paragraph 2 is not paid, the Clerk of
this Court shall sell the property at public sale on 12/10/08, at 11:00 to the highest bidder for cash,
except as prescribed in paragraph 6, at 425 North Orange Avenue, Suite 350, Orlando, FI. 32801 in
accordance with Section 45.031, Florida Statutes.
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 THIS 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 60 DAYS
AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY
REMAINING FUNDS.
5 PlaintifF shall advance all subsequent costs ofthis action (excluding documentary stamps)
with further order of court and shall be reimbursed for them by the Clerk if the Plaintiff is not the
purchaser of the property at the sale. If Plaintiff is the purchaser, the Clerk shall credit PlaintifPs bid
with the total sum with interest and costs accming subsequent to this judgment, or such part of it, as is
necessary to pay the bid in full. All service charges assessed by the Clerk of this Court pursuant to
Section 28.24, Florida Statutes, together with proper documentary stamps to be affixed to the certificate
of title shall be paid by the highest bidder at the sale.
6 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 Plaintiffs costs; second, documentary stamps affixed to the
certificate; third the total sum due to 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 amount remaining pending the
ftirther order ofthis Court.
7. On filing the certificate of title, the Defendants and all persons claiming under or against
the Defendants since the filing ofthe Note of Lis Pendens shall be foreclosed ofall estate or claim in the
property and the purchaser at the sale shall be let into possession ofthe property.
8. Jurisdiction ofthis action is retained to enter fiirther orders that are proper.
DONE AND ORDERED at Orlando, Orange County, Florida, on this 6*^ day of November,
2008.
Maura T. Smith
Circuit Court Judge
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a tme copy of the foregoing final judgment of foreclosure
was fiimished by delivery or first-class mail to Kathleen K. Woods , 261 Lakeside Road , Newburgh,
rth
NY 12550-, on this 6"" day ofNovember, 2008.
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NOV 1 8 2008 IN THE CIRCUIT COURT, IN AND FOR ORANGE COUNTY, FLORIDA CASE NO. 08-CA-l 1293 #37 ORANGE LAKE COUNTRY CLUB, INC., Plaintiff, •' "^ T^-i f -^' '- % • C J — —.. - .* -- vs. ••-" O J c/:i " - j^n !" • ^ > CHOY ET AL. Z'Z-.':'--r,-J r --^ "7-^: Defendant(s). CZ 'Z. Z" -'.CT r"'; f •;; • --•-' -o "it • —..- •• / * , • \ -zTilT: CO (-••:^r.. ' • - ^ ) FINAL JUDGMENT OF FORECLOSURE AS TO COUNT VL KATHLEEN K. WOODS This cause came before the Court for hearing upon PlaintifPs Motion for Entry of Final Judgment as to Count VI. After reviewing the record, including affidavits submitted by PlaintifF, hearing the argument of counsel, and being otherwise fiilly advised in the premises, the Court finds that Defaults were properly entered against Defendant(s), KATHLEEN K. WOODS , by the Clerk of the Court and that PlaintifF is entitled to the entry of a Judgment in itsfavor as to Count VI of the Complaint. It is, therefore, ORDERED and ADJUDGED: 1. PlaintifPs Motion for Entry of Final Judgment as to Count VI is granted. 2. PlaintifF, ORANGE LAKE COUNTRY CLUB, INC., whose address is 8505 West Irio Bronson Memorial Highway, Kissimmee, Fl. 34747, is due: Unpaid Principal Balance ofthe Note $ 6,968.36 Accmed Interest at 14.9 % per Annum from 10/2/2006 Through November 6, 2008 (765 days @ $2.84 per day) $ 2,172.00 Costs ofthis Action $ 134.83 Attomey Fees $ 500.00 TOTAL SUM DUE TO PLAINTIFF $ 9,775.19 The aforesaid total sum due to Plaintiff shall bear interest at the rate of nine percent (11%) per year. 3. PlaintifF holds a lien for the total sum superior to any claim or estate of Defendant(s), KATHLEEN K. WOODS , whose last known address is 261 Lakeside Road „ Newburgh, NY, 12550-, on the following described property in Orange County, Florida: UNIT/WEEK: 86215/37 of ORANGE LAKE COUNTRY CLUB, , Villas III, a Condominium, together with an undivided interest in the common elements appurtenant thereto, according to the Declaration of Condominium thereof recorded in Official Records Book 5914, Page 1965, in the Public Records of Orange County, Florida, and all amendments thereto, the plat ofwhich is recorded in Condominium Book 28, page 84-92, until 12:00 noon on the first Saturday 2071, at which date said estate shall terminate; TOGETHER with a remainder over in fee simple absolute as tenant in common with the other owners of all the unit weeks in the above described Condominium in the percentage interest established in the Declaration of Condominium. TOGETHER with all of the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. 4. Ifthe total sum with interest at the rate described in paragraph 2 is not paid, the Clerk of this Court shall sell the property at public sale on 12/10/08, at 11:00 to the highest bidder for cash, except as prescribed in paragraph 6, at 425 North Orange Avenue, Suite 350, Orlando, FI. 32801 in accordance with Section 45.031, Florida Statutes. 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 THIS 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 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. 5 PlaintifF shall advance all subsequent costs ofthis action (excluding documentary stamps) with further order of court and shall be reimbursed for them by the Clerk if the Plaintiff is not the purchaser of the property at the sale. If Plaintiff is the purchaser, the Clerk shall credit PlaintifPs bid with the total sum with interest and costs accming subsequent to this judgment, or such part of it, as is necessary to pay the bid in full. All service charges assessed by the Clerk of this Court pursuant to Section 28.24, Florida Statutes, together with proper documentary stamps to be affixed to the certificate of title shall be paid by the highest bidder at the sale. 6 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 Plaintiffs costs; second, documentary stamps affixed to the certificate; third the total sum due to 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 amount remaining pending the ftirther order ofthis Court. 7. On filing the certificate of title, the Defendants and all persons claiming under or against the Defendants since the filing ofthe Note of Lis Pendens shall be foreclosed ofall estate or claim in the property and the purchaser at the sale shall be let into possession ofthe property. 8. Jurisdiction ofthis action is retained to enter fiirther orders that are proper. DONE AND ORDERED at Orlando, Orange County, Florida, on this 6*^ day of November, 2008. Maura T. Smith Circuit Court Judge CERTIFICATE OF SERVICE I HEREBY CERTIFY that a tme copy of the foregoing final judgment of foreclosure was fiimished by delivery or first-class mail to Kathleen K. Woods , 261 Lakeside Road , Newburgh, rth NY 12550-, on this 6"" day ofNovember, 2008.