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INSTRUMENT#: 2019141812, BK: 26520 PG: 621 PGS: 621 - 628 04/05/2019 at
08:08:26 AM, DEPUTY CLERK:SCHRISTIAN Pat Frank,Clerk of the Circuit Court
Hillsborough County
€
IN THE CIRCUIT COURT OF THE THIRTEENTH
JUDICIAL CIRCUIT, IN AND FOR
HILLSBOROUGH COUNTY, FLORIDA.
HV lk va
CASE No. 10-CA-023642 ead
RC
GREEN TREE SERVICING LLC,
Plaintiff,
VS.
This space is for recording purposes only.
GEORGE H. MCKELVIN III; JACQUELYN P. MCKELVIN; HUNTERS GREEN COMMUNITY
ASSOCIATION, INC.; USAA FEDERAL SAVING BANK ("USAA FSB"); UNKNOWN SPOUSE OF
ELIZABETH S. MEKDECI, N/K/A JOSEPH MCKELVIN; UNKNOWN TENANT(S);ANY AND ALL
UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER AND AGAINST THE NAMED
INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER
UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES,
OR OTHER CLAIMANTS.
DEFENDANT(S).
UNIFORM FINAL JUDGMENT OF FORECLOSURE
(Effective March 2, 2015)
THIS ACTION was heard before the Court on Plaintiffs Motion for Summary Final
Judgment on March 27, 2019. Based on the evidence presented and being otherwise fully
informed in the premises,
IT IS ADJUDGED that:
1. The Plaintiff, Green Tree Servicing LLC’s, Motion for Summary Judgment is
GRANTED. Service of process has been duly and regularly obtained over George H.
McKelvin III, Jacquelyn P. McKelvin, Hunters Green Community Association, Inc.,
USAA Federal Saving Bank ("USAA FSB"), Unknown Spouse of Elizabeth S. Mekdeci,
N/K/A Joseph McKelvin, Defendant(s).
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2. VALUE OF CLAIM: At the initiation of this action, in accordance with section
28.241(1)(a)2.b., Florida Statutes (effective for actions filed on and after June 1,
2009), Plaintiff estimated the amount in controversy of the claim to be $278,752.68.
In accordance with section 28.241(1)(a)2.c., Florida Statutes, the Court identifies the
actual value of the claim to be $516,472.91. For any difference between the
estimated amount in controversy and the actual value of the claim that requires the
filing fee to be adjusted, the Clerk shall adjust the filing fee.
In determining
whether the filing fee needs to be adjusted, the following graduated filing fee scale in
section 28.241(1)(a)2.d., Florida Statutes, controls:
or less
$400 Value of claim less than or equal to $50,000 with 5 defendants
with 5
defendants or less
$905 Value of claim greater than $50,000 but less than $250,000
$1,905 Value of claim $250,000 or greater with 5 defendants or less
If an excess filing fee was paid, the Clerk shall provide a refund of the excess fee. If
an additional filing fee is owed, the Plaintiff shall pay the additional fee prior to the
judicial sale. If any additional filing fee owed is not paid prior to the judicial sale,
the Clerk shall cancel the judicial sale without further order of the Court.
3. Amounts Due. There is due and owing to the Plaintiff the following:
Principal due on the note secured by the mortgage
foreclosed:
Interest on the note and mortgage
From March 1, 2010 to November 25, 2018
Per diem interest $41.05 from November 26,
2018 to March 27, 2019
Late charges
Taxes Disbursements
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$278,752.68
$130,837.50
$5,008.01
$86.23
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County Taxes $60,211.73
Hazard or Property Insurance Disbursements $50,904.62
Hazard/Fire Insurance $50,904.62
SUBTOTAL $525,800.77
Additional Costs:
Property inspections $999.00
Escrow Credits $-8,445.45
Escrow Beginning Balance $-1,881.41
SUBTOTAL $516,472.91
TOTAL SUM $516,472.91
4. Interest. The total sum referenced in Paragraph 3 shall bear interest from this date
forward at the prevailing legal rate of interest.
5. Lien on Property. Plaintiff, whose address is c/o Ditech Financial LLC FKA Green Tree
Servicing LLC, 3000 Bayport Drive, Ste. 880, Tampa, FL 33607 holds a lien for the total
sum specified in Paragraph 3 herein. The lien of the Plaintiff is superior in dignity to any
right, title, interest or claim of the Defendants and all persons, corporations, or other
entities claiming by, through, or under the Defendants or any of them and the property
will be sold free and clear of all claims of the Defendants, with the exception of any
assessments that are superior pursuant to sections 718.116 or 720.3085 Florida Statues.
The Plaintiff's lien encumbers the subject property located in Hillsborough, Florida and
described as:
Lot 2, Block 4, HUNTER'S GREEN PARCEL 12, as per plat thereof, recorded in
Plat Book 76, Page 62, of the Public Records of Hillsborough County, Florida
Property Address: 9175 Highland Ridge Way, Tampa, FL 33647
6. Sale of Property. If the total sum with interest at the rate described in Paragraph 4 and
all costs accrued subsequent to this judgment are not paid, the Clerk of the Court shall
sell the subject property to the highest bidder for cash at public sale on ae
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\ , 20 t{ at 10:00 A.M. after having first given notice as required by Section 45.031,
Florida Statutes. The judicial sale will be conducted electronically online at the
following website: http://www.hillsborough.realforeclose.com. At least three (3) days
prior to the sale, Plaintiff must pay the costs associated with the Notice of Publication.
The party or their attorney shall be responsible for preparing, in accordance with section
45.031(2) Florida Statutes, and submitting the Notice of Sale to a legal publication. The
original Notice of Sale and Proof of Publication must be filed with the Clerk of the
Circuit Court at least 24 hours prior to the scheduled sale date.
7. Cost. Plaintiff shall advance all subsequent required costs of this action and shall be
reimbursed for them by the Clerk if Plaintiff is not the purchaser of the property for sale.
If Plaintiff is the purchaser, the Clerk shall credit Plaintiff’s bid 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. [fa third party bidder is the purchaser, the third party bidder must
pay the documentary stamps attached to the certificate of title in addition to the bid. The
purchaser of the property shall be required to pay the electronic sales fees assessed in
accordance with Section 45.035(3), Florida Statutes. The Clerk will not issue the
Certificate of Title if the electronic sales fee is not paid.
8. Additional Expenses. If Plaintiff incurs additional expense subsequent to the entry of
this final judgment but prior to the sale date specified in paragraph 6 herein, Plaintiff
may, by written motion served on all parties, seek to amend this final judgment to include
said additional expenses.
9. Distribution of Proceeds. 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 the Plaintiff's
costs; second, documentary stamps affixed to the Certificate, unless the property is
purchased by a third party bidder; third, Plaintiff’s attorneys’ fees; fourth, the total sum
due to the Plaintiff, less the items paid, plus interest at the rate prescribed in Paragraph 4
from this date to the date of the sale; and by retaining any remaining amount pending
further Order of this Court.
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10. Right _of Possession / Right of Redemption. On filing of the Certificate of Title,
Defendant and all persons claiming under or against Defendant 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 filing
of the certificate of title, the person named in the certificate of title shall be let into
possession of the property. On filing of the Certificate of Sale, Defendant's right of
redemption as proscribed by Florida Statutes, Section 45.0315 shall be terminated.
11. In accordance with Florida Statutes, Section 45.031:
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 SIXTY (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 AT 813-
276-8100 EXT. 4733 WITHIN TEN (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
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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 BAY AREA LEGAL SERVICES, 829 W. DR. MARTIN LUTHER KING
BOULEVARD, 2ND FLOOR, TAMPA, FLORIDA 33603-3336, TELEPHONE
NUMBER 813-232-1343, 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 THE HILLSBOROUGH COUNTY BAR
ASSOCIATION REFERRAL SERVICE AT 813-221-7780, YOU SHOULD DO SO AS
SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE.
12. Assignment. The Plaintiff may assign the judgment and credit bid by filing an
assignment prior to the issuance of the certificate of title without further order of this
Court.
13. Jurisdiction Retained. This Court retains jurisdiction of this action to enter further
orders that are proper, including, without limitation, orders authorizing writs of
possession and an award of attorney's fees, and to enter deficiency judgments, if
applicable and the borrower has not been discharged in bankruptcy.
14. Jurisdiction of this action is retained to enter further Orders that are proper
including, without limitation, a supplemental complaint to add an omitted party or
lien(s) or remedy other defects post-judgment, or Order to determine the amount of
the assessment owed to any condominium or homeowners association.
15. The clerk shall further credit Plaintiff’s bid with any reasonable advances made by
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the Plaintiff subsequent to this judgment, or such part of it, as is necessary to pay
the bid in full.
16. If the United States of America is a Defendant, it shall have the right of redemption
pursuant to 28 U.S.C. Section 2410 (c), from the date of the foreclosure sale.
17. The Court finds that Plaintiff complied with the condition precedent of providing
notice prior to acceleration of the loan, and prior to the filing of the foreclosure
action, pursuant to the terms of the Note and Mortgage.
18. If the Plaintiff is the purchaser at the sale, the Plaintiff’s bid is hereby assigned to
Federal National Mortgage Association, and the Clerk of Court is hereby directed to
issue a Certificate of Title to Federal National Mortgage Association.
19. On or before the date of sale, Plaintiff may file an Affidavit of Additional Costs and
Interest without further order of this Court.
20. The Plaintiff’s Motion for Summary Judgment is GRANTED and Final Judgment is
ENTERED.
DONE AND ORDERED in Chambers, Hillsborough County Courthouse, Florida, this __
28 day of Waren , 20l1F
Presiding Gace
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Copies furnished to:
Tromberg Law Group, P.A.
1515 South Federal Highway, Suite 100
Boca Raton, FL 33432
eservice@tromberglawgroup.com
Alberto F. Gomez, Jr., Esq.
PO Box 1100
Tampa, FL 33601
AL@JPFirm.com
Hunters Green Community Association, Inc.
9456 Highland Oak Drive
Tampa , FL 33647
Daniel C. Consuegra, Esq.
9204 King Palm Drive
Tampa, FL 33619-1328
attomeynotice@consuegralaw.com
Unknown Spouse of Elizabeth S. Mekdeci, N/K/A Joseph McKelvin
8909 Magnolia Chase Circle
Tampa , FL 33647
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