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  • PENTAGON FEDERAL CREDIT UNION vs. UNKNOWN HEIRS BENEFICIARIES DEVISEES SURVIVING SPOHomestead Residential Foreclosure < 50,000 document preview
  • PENTAGON FEDERAL CREDIT UNION vs. UNKNOWN HEIRS BENEFICIARIES DEVISEES SURVIVING SPOHomestead Residential Foreclosure < 50,000 document preview
  • PENTAGON FEDERAL CREDIT UNION vs. UNKNOWN HEIRS BENEFICIARIES DEVISEES SURVIVING SPOHomestead Residential Foreclosure < 50,000 document preview
  • PENTAGON FEDERAL CREDIT UNION vs. UNKNOWN HEIRS BENEFICIARIES DEVISEES SURVIVING SPOHomestead Residential Foreclosure < 50,000 document preview
  • PENTAGON FEDERAL CREDIT UNION vs. UNKNOWN HEIRS BENEFICIARIES DEVISEES SURVIVING SPOHomestead Residential Foreclosure < 50,000 document preview
  • PENTAGON FEDERAL CREDIT UNION vs. UNKNOWN HEIRS BENEFICIARIES DEVISEES SURVIVING SPOHomestead Residential Foreclosure < 50,000 document preview
  • PENTAGON FEDERAL CREDIT UNION vs. UNKNOWN HEIRS BENEFICIARIES DEVISEES SURVIVING SPOHomestead Residential Foreclosure < 50,000 document preview
  • PENTAGON FEDERAL CREDIT UNION vs. UNKNOWN HEIRS BENEFICIARIES DEVISEES SURVIVING SPOHomestead Residential Foreclosure < 50,000 document preview
						
                                

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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 1634-014B OR BOOK: 4908, PAGE NUMBER: 366 INSTR# 3044494 PAGE: 2 OF 7 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 1634-014B OR BOOK: 4908, PAGE NUMBER: 367 INSTR# 3044494 PAGE: 3 OF 7 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. 1634-014B OR BOOK: 4908, PAGE NUMBER: 368 INSTR# 3044494 PAGE: 4 OF 7 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. 1634-014B OR BOOK: 4908, PAGE NUMBER: 369 INSTR# 3044494 PAGE: 5 OF 7 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 1634-014B OR BOOK: 4908, PAGE NUMBER: 370 INSTR# 3044494 PAGE: 6 OF 7 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 BZ FREY H in 2000086208 Snetitid002 08 28 12-on va+40 Electronic Service List Andrew Scolaro , 1634-014B 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