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ROGER D. EATON, CHARLOTTE COUNTY CLERK OF CIRCUIT COURT OR BOOK: 4908, PGS: 365 , PAGE: 1 OF 7
INSTR # 3044494 Doc Type: JUD, Recorded: 1/11/2022 at 11:47 AM
Rec. Fee: ERECORDED Cashier By: JACKIEN
Filing # 141724418 E-Filed 01/11/2022 08:25:35 AM
IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA
CASE NO.: 20000862CA
PENTAGON FEDERAL CREDIT UNION,
Plaintiff,
VS.
UNKNOWN HEIRS, BENEFICIARIES, DEVISEES,
SURVIVING SPOUSE, GRANTEES, ASSIGNEE,
LIENORS, CREDITORS, TRUSTEES, AND ALL
OTHER PARTIES CLAIMING AN INTEREST BY
THROUGH UNDER OR AGAINST THE ESTATE OF
SAIMA M. KELLEY, DECEASED; UNKNOWN
TENANT #1 N/K/A AARON KELLEY; JENNIFER DAY
A/K/A JENNIFER KELLEY,
Defendant(s).
/
FINAL JUDGMENT
THIS ACTION was heard before the Court at Plaintiff's Motion for Summary Final
Judgment of Foreclosure on January 10, 2022. On the evidence presented,
IT IS ADJUDGED THAT:
1 Plaintiff, PENTAGON FEDERAL CREDIT UNION, whose address is, is due:
Principal $43,730.27
Interest from 1/05/2020 through 10/25/2021 $4,801.12
Per Diem Interest at $7.30 per day from 10/26/2021 to $562.10
1/10/2022
Pre Acceleration Late Charges $50.00
Property Appraisal $110.00
Property Inspections $87.08
Property Preservation $107.00
Attomey’s Fees Total: $5,825.00
Attomey’s fees - $4,100.00
Additional Attomey’s fees - $1,725.00
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Court Costs (Title/Lien Search, Clerk’s Filing Fee, Service) $2,329.52
First Class Mail $7.36
Full Title Report $250.00
Complaint Filing $400.00
eFiling Service Fee $5.00
Lis Pendens $5.00
Summons $20.00
Title Report Update $45.00
Service of Process $522.25
FedEx Mail $13.61
Publication for Service $145.00
Guardian Ad Litem $550.00
Service of Process $226.30
Fee paid to court for Sale $140.00
GRAND TOTAL $57,602.09
That shall bear interest at the rate of 4.25% a year.
Plaintiff holds a lien for the total sum superior to all claims or estates of Defendant(s),
UNKNOWN HEIRS, BENEFICIARIES, DEVISEES, SURVIVING SPOUSE,
GRANTEES, ASSIGNEE, LIENORS, CREDITORS, TRUSTEES, AND ALL OTHER
PARTIES CLAIMING AN INTEREST BY THROUGH UNDER OR AGAINST THE
ESTATE OF SAIMA M. KELLEY, DECEASED; UNKNOWN TENANT #1 N/K/A
AARON, on the following described property in Charlotte County, Florida and described
as:
LOT 2, BLOCK 804, PORT CHARLOTTE SUBDIVISION, SECTION TWENTY
SEVEN, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 5, PAGE 20, PUBLIC RECORDS OF CHARLOTTE COUNTY, FLORIDA.
Property Address: 1050 YARMOUTH STREET, PORT CHARLOTTE, FL 33952
If the total sum with interest at the rate described in Paragraph 1 and all costs accrued
subsequent to the Judgment are not paid, the Clerk of this Court shall sell the property at
public sale on the 28 day of February, 2022, to the highest bidder for cash, except as
prescribed in Paragraph 4, at the courthouse located at 350 East Marion Avenue, , Punta
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Gorda, FL 33950 in Charlotte County, Florida, in accordance with section 45.031, Florida
Statutes, using the following method:
o At the Charlotte Online, www.charlotte.realforeclose.com beginning at 11:00 AM
on the prescribed date.
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 purchaser 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 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.
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; third, Plaintiff’s attorney’s fees; fourth, the total sum due
to plaintiff, less the item 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.
If applicable, Plaintiff, its successors or assigns, is entitled to safe harbor under F.S. 720 or
718, respectively, and as such is only responsible to pay 1% of the subject mortgage or one
(1) year of regular periodic assessments, at the time Certificate of Title is issued vesting
title to Plaintiff, its successors or assigns. Plaintiff, including its successors and assigns, is
not responsible for interest, late fees, collection costs or attomey’s fees incurred prior to
the issuance of the certificate of title.
7. Attorneys’ Fees.
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The requested attorneys’ fees of $5,825.00 are 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.
On filing of 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 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. If any Defendant remains in
possession of the property, the clerk shall without further order of the Court issue forthwith
a Writ of Possession upon request of the person named on the Certificate of Title.
The Plaintiff may assign the Judgment and credit bid the filing of an assignment prior
to the issuance of the Certificate of Title without further order of the Court.
10. Jurisdiction of this action is retained to enter further orders that are proper including,
without limitation, a deficiency judgment, and_ orders relating to_supplemental
proceedings to address any omitted parties who may possess an interest in the property.
Jurisdiction of this action is further retained to allow Plaintiff to eC. ost-judgment
motions seeking a determination on the amounts of assessments due to any Associations
under §718.116 and §720.3085, Fla. Stat.
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 SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS
REMAINING AFTER THE SALE, IF ANY, YOU MUST FILE A CLAIM WITH THE
CLERK NO LATER THAN THE DATE THAT THE CLERK REPORTS THE FUNDS AS
UNCLAIMED. IF YOU FAIL TO FILE A TIMELY CLAIM, YOU WILL NOT BE
ENTITLED TO ANY REMAINING FUNDS.
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IF_YOU_ ARE THE PROPERTY OWNE 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 FOR YOUR
COUNTY 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.
Charlotte County Clerk of Court Collier County Clerk of Court
Charlotte County Justice Center 3315 Tamiami Trail East
350 East Marion Avenue 3" Floor, Annex Building
Punta Gorda, FL 33950 Naples, FL 34112
(941) 637-2238 (239) 252-2657
www.co.charlotte.fl.us www.collierclerk.com
Glades County Clerk of Hendry County Clerk of Lee County Clerk of
Court Court Court
500 Avenue J 25 Hickpochee Avenue 1700 Monroe Street
Room 102 LaBelle, FL 33935 Civil Division, 2 Floor
Moore Haven, FL 33471 (863) 675-5206 Ft. Myers, FL 33901
(863) 846-6010 www.hendryclerk.org (239) 533-5000
www.gladesclerk.com www.leeclerk.org
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 THE LOCAL LEGAL SERVICES
LISTED BELOW 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 ONE OF THE SERVICES LISTED BELOW, YOU SHOULD DO SO AS
SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE.
Charlotte County Collier County
Florida Institutional Legal Services, Inc. Florida Institutional Legal Services, Inc.
Gainesville, FL Gainesville, FL
(352) 375-2494 (352) 375-2494
fils@bellsouth.net fils@bellsouth.net
Florida Justice Institute Florida Justice Institute
Miami, FL Miami, FL
(305) 358-2081 (305) 358-2081
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Florida Rural Legal Services Florida Rural Legal Services
Fort Myers, FL Fort Myers, FL
(239) 334-4554 (239) 334-4554
www.frls.org www.frls.org
Florida Rural Legal Services Florida Rural Legal Services
Punta Gorda, FL Immokalee, FL
(941) 505-9007 (239) 657-3681
www.frls.org www.frls.org
Legal Aid Society of Collier County, Inc.
Immokalee, FL
(239) 657-7442
Legal Aid Society of Collier County, Inc.
Naples, FL
(239) 775-4555
Glades County Hendry County Lee County
Florida Institutional Legal Florida Institutional Legal Florida Institutional Legal
Services, Inc. Services, Inc. Services, Inc.
Gainesville, FL Gainesville, FL Gainesville, FL
(352) 375-2494 (352) 375-2494 (352) 375-2494
fils@bellsouth.net fils@bellsouth.net fils@bellsouth.net
Florida Justice Institute Florida Justice Institute Florida Justice Institute
Miami, FL Miami, FL Miami, FL
(305) 358-2081 (305) 358-2081 (305) 358-2081
Florida Rural Legal Services Florida Rural Legal Services Florida Rural Legal
Fort Myers, FL Belle Glade, FL Services
(239) 334-4554 (561) 993-0003 Fort Myers, FL
www.frls.org www. frls.org (239) 334-4554
Florida Rural Legal Services Florida Rural Legal Services www.frls.org
Immokalee, FL Fort Myers, FL Lee County Legal Aid
(239) 657-3681 (239) 334-4554 Society, Inc.
www.frls.org www. frls.org Fort Myers, FL
Florida Rural Legal Services (239) 334-6118
Immokalee, FL
(239) 657-3681
www.frls.org
DONE AND ORDERED
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FREY H in 2000086208
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08 28 12-on va+40
Electronic Service List
Andrew Scolaro ,
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OR BOOK: 4908, PAGE NUMBER: 371 INSTR# 3044494 PAGE: 7 OF 7
Interested Party
Zachary Y Ullman ,
Julia Kite-Powell, Esq.
ZACHARY Y ULLMAN ZULLMAN@RASFLAW.COM
US Mail Service List
UNKNOWN HEIRS, BENEFICIARIES, DEVISEES, SURVIVING SPOUSE, GRANTEES,
ASSIGNEE, LIENORS, CREDITORS, TRUSTEES, AND ALL OTHER PARTIES CLAIMING
AN INTEREST BY THROUGH UNDER OR AGAINST THE ESTATE OF SAIMA M.
KELLEY, DECEASED
1050 Yarmouth Street
Port Charlotte, FL 33952
Unknown Tenant #1 N/K/A Aaron Kelley
1050 Yarmouth Street
Port Charlotte, FL 33952
Jennifer Day A/K/A Jennifer Kelley
3023 Daffodil Terrace
Punta Gorda, FL 33983
1634-014B