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INSTRUMENT#: 2013116858 OR BK 4394 PG 1371 PAGES: 4 10/22/2013 1:55:32 PM
NEIL KELLY, LAKE COUNTY CLERK OF THE CIRCUIT COURT
REC FEES: $0.00
e
IN THE CIRCUIT COURT OF THE 5TH
JUDICIAL CIRCUIT IN AND FOR LAKE
COUNTY, FLORIDA, CIVIL DIVISION
CASE NO: 12-CA-004068
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR HOMEBANC MORTGAGE
TRUST 2005-1 MORTGAGE BACKED NOTES, SERIES 2005-1
Plaintiff,
vs.
JOSHUA WASDEN, et. al.,
Defendants.
/
FINAL JUDGMENT OF FORECLOSURE
This action was tried before the court. On the evidence presented
IT IS ADJUDGED that:
1. Plaintiff, U.S. BANK, NATIONAL ASSOCIATION AS INDENTURED
TRUSTEE FOR HOMEBANC MORTGAGE LOAN TRUST 2005-1, whose address is C/O
OCWEN LOAN SERVICING, LLC, 345 ST. PETER STREET, ST. PAUL, MN 55102 is due:
Principal $202,567.55
Interest 11/1/2008 through 12/31/2012 $21,480.83
Interest 1/1/2013 to date of this judgment $3,690.40
Title search expense $974.50
Pre-Acceleration Late Charges $190.98
Taxes $23,422.47
Taxes 2012 $3,250.44
Taxes 2011 $3,829.69
Taxes 2010 $4,705.44
Taxes 2009 $5,108.23
Taxes 2008 $6,528.67
Hazard Insurance $16,738.75
Hazard Insurance 2012 $4,809.12
Hazard Insurance 2011 $4,661.81
Hazard Insurance 2010 $4,498.25
Hazard Insurance 2009 $2,769.57
Previous Bankruptcy Fees $500.00
Property Preservation $4,432.92
Property Inspection $362.95
(Cocitncnannay
ub
LeINSTRUMENT# 2013116858 OR BOOK 4394/PAGE 1372 PAGE 2 of 4
Credits ($5,637.41)
Attorneys’ fees
Finding as to reasonable number of hours:
Finding as to reasonable hourly rate:
Other*: — $2,050.00
(* 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.)
Attorneys’ fees total $2,050.00
Court costs now taxed
Clerk Filing Fee $415.00
Process Server Fees $657.76
Subtotal $271,876.70
TOTAL $271,876.70
The grand total that shall bear interest at the rate of 4.75% annum.
2. Plaintiff holds a lien for the total sum superior to all claims or estates of
defendant(s), on the following described property in Lake County, Florida:
LOT 79, MONTCLAIR PHASE II, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 39, PAGE(S) 1 THRU 3
INCLUSIVE, OF THE PUBLIC RECORDS OF LAKE COUNTY,
FLORIDA.
Property Address; 10727 VERSAILLES BLVD, CLERMONT, FL 34711
3. If the total sum with interest at the rate described in paragraph 1 and all costs
accrued sub sequent to this judgment are not paid, the clerk of this court shall sell the property at
public sale on to the highest bidder for cash, on | , 2013,
accordance with section 45.031, Florida Statutes, using the Poo WINE Courbrong.
At in the first floor lobby in the Lake County Judieial-Genter, 550 West Main St
Tavares, FL 32778, beginning at 11:00 a.m on the prescribed date.
QO By electronic sale beginning at 11:00 a.m on the prescribed date at in the first
floor lobby in the Lake County Judicial Center, 550 West Main St., Tavares, FL
32778
4. 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 purchase of the property for sale shall be responsible for the documentary stamps
payable on the certificate of title. If plaintiff is the purchaser, the clerk shall credit plaintiff's bid
3 One Says
SALE NO SOONER THAN
FROM DATE OF THIS FINAL JUDGMENT.INSTRUMENT# 2013116858 OR BOOK 4394/PAGE 1373 PAGE 3 of 4
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.
5. 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, plaintiff's attorneys’ fees; fourth, the total sum due to plaintiff,
less the items paid, plus interest at the rate prescribed in paragraph 1 from this date to the date of
the sale; and by retaining any remaining amount pending the further order of this court.
6. On filing the certificate of sale, defendant(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, Florida
Statutes, if any. Upon the filing of the certificate of title, the person named on the certificate of
title shall be let into possession of the property.
7. Jurisdiction of this action is retained to enter further orders that are proper
including, without limitation, a deficiency judgment.
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 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, 550 W
MAIN STREET , TAVARES, FL 32778, 352-742-4148 WITHIN 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 COMMUNITY LEGAL SERVICES
QF MID-FLORIDA, INC. 226 WEST MAIN STREET, TAVARES, FL 32778-3812 352-INSTRUMENT# 2013116858 OR BOOK 4394/PAGE 1374 PAGE 4 of 4
343-0815 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 COMMUNITY LEGAL SERVICES OF MID-FLORIDA, INC. 226 WEST
MAIN_ STREET, TAVARES, FL, 32778-3812 352-343-0815 FOR ASSISTANCE, YOU
SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE.
ADDITIONAL PROVISIONS
8. Assignment of Bid. If the Plaintiff is the successful bidder at the sale, the
Plaintiff's rights as such may be assigned to a third party and, in that event, the Clerk of this
Court is hereby ordered and directed to issue the Certificate of Title to the Plaintiff's assignee
upon application of the Plaintiff and without further Order of this Court.
9. Plaintiff shall comply with Title VII of s. 896, Pub. L. No. 111-22, 701-704
(2009), “Protecting Tenants at Foreclosure Act of 2009.”
10. Final Judgment is entered on Defendant(s): JOSHUA WASDEN, SHARON
WASDEN, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., and
MONTCLAIR HOMEOWNERS ASSOCIATION, INC.
ORDERED at TAVARES, Lake COUNTY, Florida, on C7 %er
, 2013
Judge £
GREENSPOON MARDER, P.A. JASON A. MARTELL, ESQ.
100 WEST CYPRESS CREEK RD, STE 700 VIA EMAIL: pleadings@larsenandassociates.com
FORT LAUDERDALE, FL 33309 LARSEN & ASSOCIATES, P.L.
ATTORNEYS FOR DEFENDANT MONTCLAIR
HOMEOWNERS ASSOCIATION, INC.
ses TER NAS AAR PLACE 300 SOUTH ORANGE AVE., SUITE 1200
CLERMONT, FL 34711 ORLANDO, FL 32801
CURRENT TENANT(S)
oN Ne “as PtaR PLACE 10727 VERSAILLES BLVD.
CLERMONT, FL 34711 CLERMONT, FL 34711
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.
1901 E. VOORHEES STREET, SUITE C
DANVILLE. IL 61834
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INSTRUMENT#: 2013116858 OR BK 4394 PG 1371 PAGES: 4 10/22/2013 1:55:32 PM NEIL KELLY, LAKE COUNTY CLERK OF THE CIRCUIT COURT REC FEES: $0.00 e IN THE CIRCUIT COURT OF THE 5TH JUDICIAL CIRCUIT IN AND FOR LAKE COUNTY, FLORIDA, CIVIL DIVISION CASE NO: 12-CA-004068 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR HOMEBANC MORTGAGE TRUST 2005-1 MORTGAGE BACKED NOTES, SERIES 2005-1 Plaintiff, vs. JOSHUA WASDEN, et. al., Defendants. / FINAL JUDGMENT OF FORECLOSURE This action was tried before the court. On the evidence presented IT IS ADJUDGED that: 1. Plaintiff, U.S. BANK, NATIONAL ASSOCIATION AS INDENTURED TRUSTEE FOR HOMEBANC MORTGAGE LOAN TRUST 2005-1, whose address is C/O OCWEN LOAN SERVICING, LLC, 345 ST. PETER STREET, ST. PAUL, MN 55102 is due: Principal $202,567.55 Interest 11/1/2008 through 12/31/2012 $21,480.83 Interest 1/1/2013 to date of this judgment $3,690.40 Title search expense $974.50 Pre-Acceleration Late Charges $190.98 Taxes $23,422.47 Taxes 2012 $3,250.44 Taxes 2011 $3,829.69 Taxes 2010 $4,705.44 Taxes 2009 $5,108.23 Taxes 2008 $6,528.67 Hazard Insurance $16,738.75 Hazard Insurance 2012 $4,809.12 Hazard Insurance 2011 $4,661.81 Hazard Insurance 2010 $4,498.25 Hazard Insurance 2009 $2,769.57 Previous Bankruptcy Fees $500.00 Property Preservation $4,432.92 Property Inspection $362.95 (Cocitncnannay ub LeINSTRUMENT# 2013116858 OR BOOK 4394/PAGE 1372 PAGE 2 of 4 Credits ($5,637.41) Attorneys’ fees Finding as to reasonable number of hours: Finding as to reasonable hourly rate: Other*: — $2,050.00 (* 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.) Attorneys’ fees total $2,050.00 Court costs now taxed Clerk Filing Fee $415.00 Process Server Fees $657.76 Subtotal $271,876.70 TOTAL $271,876.70 The grand total that shall bear interest at the rate of 4.75% annum. 2. Plaintiff holds a lien for the total sum superior to all claims or estates of defendant(s), on the following described property in Lake County, Florida: LOT 79, MONTCLAIR PHASE II, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 39, PAGE(S) 1 THRU 3 INCLUSIVE, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA. Property Address; 10727 VERSAILLES BLVD, CLERMONT, FL 34711 3. If the total sum with interest at the rate described in paragraph 1 and all costs accrued sub sequent to this judgment are not paid, the clerk of this court shall sell the property at public sale on to the highest bidder for cash, on | , 2013, accordance with section 45.031, Florida Statutes, using the Poo WINE Courbrong. At in the first floor lobby in the Lake County Judieial-Genter, 550 West Main St Tavares, FL 32778, beginning at 11:00 a.m on the prescribed date. QO By electronic sale beginning at 11:00 a.m on the prescribed date at in the first floor lobby in the Lake County Judicial Center, 550 West Main St., Tavares, FL 32778 4. 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 purchase of the property for sale shall be responsible for the documentary stamps payable on the certificate of title. If plaintiff is the purchaser, the clerk shall credit plaintiff's bid 3 One Says SALE NO SOONER THAN FROM DATE OF THIS FINAL JUDGMENT.INSTRUMENT# 2013116858 OR BOOK 4394/PAGE 1373 PAGE 3 of 4 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. 5. 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, plaintiff's attorneys’ fees; fourth, the total sum due to plaintiff, less the items paid, plus interest at the rate prescribed in paragraph 1 from this date to the date of the sale; and by retaining any remaining amount pending the further order of this court. 6. On filing the certificate of sale, defendant(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, Florida Statutes, if any. Upon the filing of the certificate of title, the person named on the certificate of title shall be let into possession of the property. 7. Jurisdiction of this action is retained to enter further orders that are proper including, without limitation, a deficiency judgment. 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 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, 550 W MAIN STREET , TAVARES, FL 32778, 352-742-4148 WITHIN 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 COMMUNITY LEGAL SERVICES QF MID-FLORIDA, INC. 226 WEST MAIN STREET, TAVARES, FL 32778-3812 352-INSTRUMENT# 2013116858 OR BOOK 4394/PAGE 1374 PAGE 4 of 4 343-0815 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 COMMUNITY LEGAL SERVICES OF MID-FLORIDA, INC. 226 WEST MAIN_ STREET, TAVARES, FL, 32778-3812 352-343-0815 FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE. ADDITIONAL PROVISIONS 8. Assignment of Bid. If the Plaintiff is the successful bidder at the sale, the Plaintiff's rights as such may be assigned to a third party and, in that event, the Clerk of this Court is hereby ordered and directed to issue the Certificate of Title to the Plaintiff's assignee upon application of the Plaintiff and without further Order of this Court. 9. Plaintiff shall comply with Title VII of s. 896, Pub. L. No. 111-22, 701-704 (2009), “Protecting Tenants at Foreclosure Act of 2009.” 10. Final Judgment is entered on Defendant(s): JOSHUA WASDEN, SHARON WASDEN, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., and MONTCLAIR HOMEOWNERS ASSOCIATION, INC. ORDERED at TAVARES, Lake COUNTY, Florida, on C7 %er , 2013 Judge £ GREENSPOON MARDER, P.A. JASON A. MARTELL, ESQ. 100 WEST CYPRESS CREEK RD, STE 700 VIA EMAIL: pleadings@larsenandassociates.com FORT LAUDERDALE, FL 33309 LARSEN & ASSOCIATES, P.L. ATTORNEYS FOR DEFENDANT MONTCLAIR HOMEOWNERS ASSOCIATION, INC. ses TER NAS AAR PLACE 300 SOUTH ORANGE AVE., SUITE 1200 CLERMONT, FL 34711 ORLANDO, FL 32801 CURRENT TENANT(S) oN Ne “as PtaR PLACE 10727 VERSAILLES BLVD. CLERMONT, FL 34711 CLERMONT, FL 34711 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 1901 E. VOORHEES STREET, SUITE C DANVILLE. IL 61834