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INSTRUMENT#: 2013018942 OR BK 4282 PG 19 PAGES: 3 2/19/2013 4:21:43 PM
NEIL KELLY, LAKE COUNTY CLERK OF THE CIRCUIT COURT
REC FEES: $0.00
IN THE COUNTY COURT IN AND
FOR LAKE COUNTY, FLORIDA COUNTY CIVIL
DIVISION
Case No.: 12CC3819
SUMMER BAY PARTNERSHIP, reser
a Florida general partnership, >
Plaintiff,
vs. am So
KIMBERLY JOHNSON et al rEe<2
Defendant(s).
S20
/ aes
ves Wd 1 034 EN
_
FINAL JUDGMENT OF FORECLOSURE
Count 5-IVAN LEON and MISLEIDY IBARRA
THIS CAUSE came before the Court on Plaintiff's Motion for a Final Judgment of Foreclosure and the
Court having reviewed the pleadings and affidavits and being otherwise fully advised in the premises, the Court
finds as follows:
IT IS ORDERED, ADJUDGED, and DECREED THAT:
1. Service of process has been properly perfected on all Defendants herein and Order(s) of Default
have been entered against all of said Defendants.
2.
The Court has jurisdiction over the parties and the subject matter of this action.
3.
The allegations of the Complaint have been proven by competent evidence and the equities in
this action are with Plaintiff.
4. The Note and Mortgage sued upon in this action are in default as alleged in the Complaint.
5. The Note and Mortgage sued upon in their action constitute a valid first lien upon the property
described in the Complaint.
6. Plaintiff is due:
Principal Balance Outstanding: 9,354.92
B. Interest on Principal Balance Outstanding from October 22, 2009 5,219.71
to January 23, 2013 at 16.9% per annum at $ 4.39 interest per day (1189 days): °
C. Costs of this action, including title search expense: 107.24
Attorney’s Fees: Waived
TOTAL SUM DUE PLAINTIFF:
14,681.87
together with interest on the Total Sum Due Plaintiff at the rate allowed under Sec. 55.03, Fla. Stat., and such
further costs as may be incurred by Plaintiff in this action for which a supplemental affidavit of costs shall be
submitted, including, but not limited to, the sale fee and publication of the Notice of Foreclosure Sale, and any
(eiitiiinnmaINSTRUMENT# 2013018942 OR BOOK 4282/PAGE 20 PAGE 2 of 3
advances made by Plaintiff which are proper under the terms of the Note and Mortgage which are the subject of
this action.
7. Plaintiff holds a lien for the total sum superior to any right, title, interest, claim, or estate of
Defendants, IVAN LEON and MISLEIDY IBARRA, named in Count 5 of the Complaint, on the following
described property in Lake County, Florida:
Timeshare Period Week (E)40 in Condominium Unit No. 104-308 of The Villas at Summer Bay,
according to the Declaration of Condominium thereof recorded in Official Records Book 1897, page
1089, Public Records of Lake County, Florida, as amended.
8. If the total sum with interest at the rate described in paragraph 6 and all costs accrued
subsequent to this judgment are not paid, the Clerk of the Court shall sell the property at public sale
on. I AR 2 1 20 1 3 , at 11:00 a.m., to the highest bidder for cash, except as prescribed
in paragraph 9, inside the front door of the Lake County Judicial Center, 550 West Main Street, Tavares, Florida
32778, in accordance with Section 45.031, Fla. Stat., except that the Clerk shall not conduct the sale unless
Plaintiff or its representative is present to bid at the sale.
9. Plaintiff shall advance all subsequent costs of this action and shall be reimbursed for them by
the Clerk if the Plaintiff is not the purchaser of the property at the sale, provided, however, that the purchaser of
the property at the 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 with the total sum with interest and costs incurred
subsequent to this Judgment as part of it as it necessary to pay the bid in full.
10. On filing the Certificate of Title, the Clerk shall distribute the proceeds of the sale so far as they
are sufficient, by paying:
A. All of Plaintiff's costs;
B. Documentary stamp tax imposed on the Certificate of Title; and
Cc. The total sum due to Plaintiff, less the items paid, plus interest at the rate described in
paragraph 6 from the date of this Judgment to the date of the sale.
D. By retaining any amount remaining pending the further Order of this Court.
ll. After confirmation of the sale, whether by the filing of the certificate of title, or by the Court
ruling on objections to the sale, the Defendants, and all persons claiming by, through, under, or against them
since the recording of the Notice of Lis Pendens, shall be foreclosed of all right, title, interest, estate, or claim in
the property which is the subject of this action, except as to claims or rights under chapter 718 or chapter 721,
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.
12. The last-known address for Defendant is as follows:
Name Last-Known AddressINSTRUMENT# 2013018942 OR BOOK 4282/PAGE 21 PAGE 3 of 3
Ivan Leon 5701 SW 109 Ave., Miami, FL, 33173
Misleidy Tbarra 5701 SW 109 Ave., Miami, FL, 33193
13. The address of Plaintiff is 17805 U.S. Highway 192, Clermont, Florida 34714.
14, Jurisdiction of this action is retained to enter further orders as are appropriate, and granting such
other relief as may be appropriate.
15. 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.
16. 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.
DONE "RED jai Chambers at Tavares, Lake County, Florida,
dated 1¢. » 2013.
The Honofable4udge Terry Neal,
County Court Judge
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Final Judgment of Foreclosure has
been furnished by U.S. Mail, postage prepaid, to PAUL M. CALDWELL, Caldwell & Payne, P.A., Post Office
Box 120069, Clermont, FL 34712-0069, pcaldwell@caldwellpayne.com, Attorney for Plaintiff; and to
Defendants, IVAN LEON and MISLEIDY IBARRA, at 5701 SW 109 Ave., Miami, FL, 33173, dated
FER 15 2013
4
Deputy Clerk
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INSTRUMENT#: 2013018942 OR BK 4282 PG 19 PAGES: 3 2/19/2013 4:21:43 PM NEIL KELLY, LAKE COUNTY CLERK OF THE CIRCUIT COURT REC FEES: $0.00 IN THE COUNTY COURT IN AND FOR LAKE COUNTY, FLORIDA COUNTY CIVIL DIVISION Case No.: 12CC3819 SUMMER BAY PARTNERSHIP, reser a Florida general partnership, > Plaintiff, vs. am So KIMBERLY JOHNSON et al rEe<2 Defendant(s). S20 / aes ves Wd 1 034 EN _ FINAL JUDGMENT OF FORECLOSURE Count 5-IVAN LEON and MISLEIDY IBARRA THIS CAUSE came before the Court on Plaintiff's Motion for a Final Judgment of Foreclosure and the Court having reviewed the pleadings and affidavits and being otherwise fully advised in the premises, the Court finds as follows: IT IS ORDERED, ADJUDGED, and DECREED THAT: 1. Service of process has been properly perfected on all Defendants herein and Order(s) of Default have been entered against all of said Defendants. 2. The Court has jurisdiction over the parties and the subject matter of this action. 3. The allegations of the Complaint have been proven by competent evidence and the equities in this action are with Plaintiff. 4. The Note and Mortgage sued upon in this action are in default as alleged in the Complaint. 5. The Note and Mortgage sued upon in their action constitute a valid first lien upon the property described in the Complaint. 6. Plaintiff is due: Principal Balance Outstanding: 9,354.92 B. Interest on Principal Balance Outstanding from October 22, 2009 5,219.71 to January 23, 2013 at 16.9% per annum at $ 4.39 interest per day (1189 days): ° C. Costs of this action, including title search expense: 107.24 Attorney’s Fees: Waived TOTAL SUM DUE PLAINTIFF: 14,681.87 together with interest on the Total Sum Due Plaintiff at the rate allowed under Sec. 55.03, Fla. Stat., and such further costs as may be incurred by Plaintiff in this action for which a supplemental affidavit of costs shall be submitted, including, but not limited to, the sale fee and publication of the Notice of Foreclosure Sale, and any (eiitiiinnmaINSTRUMENT# 2013018942 OR BOOK 4282/PAGE 20 PAGE 2 of 3 advances made by Plaintiff which are proper under the terms of the Note and Mortgage which are the subject of this action. 7. Plaintiff holds a lien for the total sum superior to any right, title, interest, claim, or estate of Defendants, IVAN LEON and MISLEIDY IBARRA, named in Count 5 of the Complaint, on the following described property in Lake County, Florida: Timeshare Period Week (E)40 in Condominium Unit No. 104-308 of The Villas at Summer Bay, according to the Declaration of Condominium thereof recorded in Official Records Book 1897, page 1089, Public Records of Lake County, Florida, as amended. 8. If the total sum with interest at the rate described in paragraph 6 and all costs accrued subsequent to this judgment are not paid, the Clerk of the Court shall sell the property at public sale on. I AR 2 1 20 1 3 , at 11:00 a.m., to the highest bidder for cash, except as prescribed in paragraph 9, inside the front door of the Lake County Judicial Center, 550 West Main Street, Tavares, Florida 32778, in accordance with Section 45.031, Fla. Stat., except that the Clerk shall not conduct the sale unless Plaintiff or its representative is present to bid at the sale. 9. Plaintiff shall advance all subsequent costs of this action and shall be reimbursed for them by the Clerk if the Plaintiff is not the purchaser of the property at the sale, provided, however, that the purchaser of the property at the 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 with the total sum with interest and costs incurred subsequent to this Judgment as part of it as it necessary to pay the bid in full. 10. On filing the Certificate of Title, the Clerk shall distribute the proceeds of the sale so far as they are sufficient, by paying: A. All of Plaintiff's costs; B. Documentary stamp tax imposed on the Certificate of Title; and Cc. The total sum due to Plaintiff, less the items paid, plus interest at the rate described in paragraph 6 from the date of this Judgment to the date of the sale. D. By retaining any amount remaining pending the further Order of this Court. ll. After confirmation of the sale, whether by the filing of the certificate of title, or by the Court ruling on objections to the sale, the Defendants, and all persons claiming by, through, under, or against them since the recording of the Notice of Lis Pendens, shall be foreclosed of all right, title, interest, estate, or claim in the property which is the subject of this action, except as to claims or rights under chapter 718 or chapter 721, 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. 12. The last-known address for Defendant is as follows: Name Last-Known AddressINSTRUMENT# 2013018942 OR BOOK 4282/PAGE 21 PAGE 3 of 3 Ivan Leon 5701 SW 109 Ave., Miami, FL, 33173 Misleidy Tbarra 5701 SW 109 Ave., Miami, FL, 33193 13. The address of Plaintiff is 17805 U.S. Highway 192, Clermont, Florida 34714. 14, Jurisdiction of this action is retained to enter further orders as are appropriate, and granting such other relief as may be appropriate. 15. 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. 16. 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. DONE "RED jai Chambers at Tavares, Lake County, Florida, dated 1¢. » 2013. The Honofable4udge Terry Neal, County Court Judge CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Final Judgment of Foreclosure has been furnished by U.S. Mail, postage prepaid, to PAUL M. CALDWELL, Caldwell & Payne, P.A., Post Office Box 120069, Clermont, FL 34712-0069, pcaldwell@caldwellpayne.com, Attorney for Plaintiff; and to Defendants, IVAN LEON and MISLEIDY IBARRA, at 5701 SW 109 Ave., Miami, FL, 33173, dated FER 15 2013 4 Deputy Clerk