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Filing # 67718211 E-Filed 02/08/2018 03:49:38 PM.
IN THE CIRCUIT COURT OF THE TWENTIETH
JUDICIAL CIRCUIT IN AND FOR CHARLOTTE
COUNTY, FLORIDA.
CIVIL DIVISION
CASE NO. 17000100CA
U.S. BANK, NATIONAL ASSOCIATION AS
LEGAL TITLE TRUSTEE FOR TRUMAN 2016
SC6 TITLE TRUST,
Plaintiff,
vs.
THOMAS F. LAMATRICE; UNKNOWN
TENANT NO. 1; UNKNOWN TENANT NO. 2;
and ALL UNKNOWN PARTIES CLAIMING
INTERESTS BY, THROUGH, UNDER OR
AGAINST A NAMED DEFENDANT TO THIS
ACTION, OR HAVING OR CLAIMING TO
HAVE ANY RIGHT, TITLE OR INTEREST IN
THE PROPERTY HEREIN DESCRIBED,
Defendant(s).
AFFIDAVIT OF ATTORNEYS’ FEES AND COSTS
STATE OF FLORIDA )
COUNTY OF BROWARD)
BEFORE ME, personally appeared the undersigned Affiant, who under oath, did depose
and say:
1. My name is Adam A. Diaz and I am an attorney of the Firm of SHD Legal Group P.A.,
and counsel for the Plaintiff in the above-styled case. I have personal knowledge of the facts set
forth herein.. The firm of egal Group P-A- has afer
to pay certain attorneys’ fees and reimbursement of certain costs related to representation of the
Plaintiff in the above styled matter. The fee agreement is commensurate with the experience of the
attorneys representing the Plaintiff, and is based on (i) a flat fee of $3,450.00 for uncontested
foreclosures, and (ii) in the event the matter requires representation that is not contemplated in the
flat fee agreernent the Plaintiff is required to pay additional fees to file necessary pleadings, attend
legal proceedings and otherwise respond to issues raised in the subject case, which additional fees
are based on the nature of the issue and based on an hourly rate, as reflected below.
COSTS
r
3, Plaintiff is entitled to recover the following costs incurred in the above styled foreclosure
proceedings.
Description Amount
Title search 350.00
Disbursement for Filing Fee 945.00
Disbursement for service of process. 195.00
Total Costs $1490.00
4. Pursuant to the fee agreement, Plaintiff is obligated to pay SHD Legal Group P.A. reasonable
attorneys’ fee incurred in this case.
FLAT FEE
5. The work in this case was completed by attorneys and non-attorney staff. In reviewing the above
styled case, I have determined the following is a description of the work contemplated under the flat fee
agreement:
Review and analyze the title status report
and prepare synopsis of necessary defendantsfor preparation of complaint.
Research and obtain current location of Defendant(s).
Draft Complaint for Foreclosure; draft Notice of Lis
Pendens; Draft Summonses necessary to foreclose
mortgage joining all necessary parties.
Arrange for filing of complaint, compile documents for
service of process.
Review file; draft A ffidavit of Indebtedness; drafted
correspondence to client.
Receive and docket conformed Notice of Lis Pendens.
Obtain and review title update reflecting title status
through the recording of lis pendens and obtain and review
Defendant name search update to determine intervening
liens.
Receive and docket Return(s) of Service.
Review file; arrange setting of hearing of Motion for
Summary Judgment; draft Motion for Summary Judgment;
draft Notice of Hearing; draft letter(s) to Court regarding
motion.
Receive and Review Affidavit of Indebtedness from client.
Communicate with attomey acting as expert and draft Affidavit
of Reasonable Attorneys Fees, draft Affidavit of Fees
and Costs.
The above descriptions are not based on contemporaneous time records, and are based on the Affiant's
experience of the services required to prosecute an uncontested foreclosure.
6. In addition to the foregoing, SHD Legal Group P.A. will also provide the following
representation prior to the hearing on Plaintiff's Motion for Summary Judgment, (7) Receive and review all
Answers filed by applicable defendant(s), (i?) Draft Motion for Clerk’s default; draft non-military affidavits
for any applicable Defendants, (ii) Draft proposed Final Judgment, (iv) Draft Notice of Sale, (v) DraftDisposition, (ix) Review file in preparation of hearing, and (x) Attend Hearing on Motion for Summary
Final Judgment.
7. Post judgment, SHD Legal Group P.A. will be obligated to provide representation which
includes, but is not necessarily limited to (i) review and proof sale publication (ii) coordination of bidding
at sale, (éii) calculation of supplemental amounts due, (iv) draft Supplemental Affidavit of Amounts Due,
{v) correspondence related to bidding at sale including bidding instruction, (vi) correspondence to client
regarding sale, (vii) receipt and review of Certificate of Sale, (viii) receipt and review of Certificate of Title.
8. Based on the status of the above styled case, SHD Legal Group P.A. is entitled to be paid, (i) the
title search fee, (ii) reasonable Attormeys’ fees, and (ii) reimbursement of costs, in the amounts reflected
herein.
9. A reasonable fee for the work described above would be $3,450.00, based on the flat fee
agreement.
ADDITIONAL HOURLY FEE
10. In addition to the flat fee, the Plaintiff is obligated to pay the following fees for representation
which are not included in the flat fee agreement, the fees are based on an hourly rate which varies by date
between $175.00 to $225.00 and are based on both contemporaneous time and/or a flat fee.
Plaintiff agreed to pay its attomeys a reasonable fee for legal services in connection with this
foreclosure based on the above described flat fee for an uncontested case together with any applicable
required additional fee as set forth below.
Description Hours Rate Total
LNA prepared as per client's request. 2.00 175.00 350.00
Draft Leter to the Judge regarding Defendant Motion for Extension | 2.60 215.00 559.00
of Time (.4); Review Borrower's Bankruptcy Petition and Filings to
determine intent of Property (.5); Draft Notice of Intent to Surrender
the Propery, redact exhibits (.5); Draft Request for Judicial Notice
and redact exhibits (1.2)Receive and review Motion to Dismiss (.3), review case law cited
in memorandum (.6) Examine Complaint for defects referenced in
Motion (.3); Advise Client regarding Motion (.2) review file and
correspond with client. (NonReimbursable by FNMA) 4/7/2017
Motion to Dismiss received and we are obtaining an affidavit to
rebut any standing challenges. 7 The Motion to Dismiss received
contains the following issues that will be addressed in our memo in
opposition filed with the court:
Receive and review Request to Produce, review file and correspond
with client to obtain documents requested.
Review case law and applicable statutes, draft memorandum of law
in opposition to the Motion to Dismiss, correspond with opposing
counsel regarding agreed order and review file.
Receive and review Interrogatories, communicate with client to
discuss proper responses and resolve any issues and review file.
(NonReimbursable by FNMA) 4/10/2017 Interrogatories have been
received.
Draft response to Request to Produce, redact all privileged
information, draft a privilege log and compile exhibits.
Draft Motion for Extension of Time to Respond to Interrogatories,
letter to the Court, and proposed order.
Complete Litigation Evaulation Form; Draft email to client on
outstanding documents needed
Review Documents provided by Rushmore regarding Demand
Letter proof of mailing
Prepare for Hearings on MTD, Request for Judicial Notice and
Motion for Extension of Time. Prepare Case Law for Judge on
Surrender and request for judicial notice.
Attend hearing on Motion to Dismiss.
Receive and review Answer and Affirmative Defenses, correspond
with client and review file.
Draft reply to Affirmative Defenses with embedded Memorandum
of Law in support of our position, review applicable documents and
review file.
Review of the motion, draft proposed order, and follow-up on
entered/denied Order. 8/29/2017 Plaintiff's Motion to Strike
Defenses has been drafted and is ready for filing.
1.40
0.80
3.10
2.00
1.50
0.30
0.80
1.20
3.20
1.40
215.00 301.00
215.00 172.00
215.00 666.50
215.00 430.00 °
215.00 602.00
215.00 215.00
215.00 322.50
215.00 64.50
215.00 172.00
215,00 752.50
215.00 258.00
215.00 688.00
215.00 301.00Review of 65 T5660 729-66
Lb > and 1
entered/denied Order. 8/29/2017 Plaintiff's Motion to Strike Jury
Demand has been drafted and is ready for filing.
Draft 57.105 Letter and Motion for Sanctions 1.70 215.00 365.50
Finalize and file Motion for Sanctions 0.20 215.00 43.00
Prepare case law and argument for Hearing on Motion to Strike | 1.70 215.00 365.50
Defenses and Jury Demand.
Attend hearing on Motion to Strike Defenses and Jury Demand. 5.50 215.00 1182.50
Draft Affidavit in Support for Foreclosure. 1.20 215.00 258.00
Finalize affidavit and cross check figures prior to uploading to | 0.30 215.00 64.50
client.
Attend Case Management Conference/Docket Sounding. 2.00 215.00 430.00
Prepare for CMC 0.60 215.00 129.00
Attend Case Management Conference/Docket Sounding. 3.80 215.00 817.00
Draft Motion for Summary Judgment : 3.80 215.00 817.00
THIS CONCLUDES THIS AFFIDAVIT
SHERLETTE SAMUEL
MY COMMISSION # GGO00B60
Swom to and subscribed before me this B aay
of Februar 2018 by Adam A. Diaz, cones June 28,2020
who is personaHy known to me and who did take an oath. FlorideNon 20m
Notary Public, State of Florida (SEAL)
My commission expires:
1460-162745 / MI
Preview
Filing # 67718211 E-Filed 02/08/2018 03:49:38 PM. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA. CIVIL DIVISION CASE NO. 17000100CA U.S. BANK, NATIONAL ASSOCIATION AS LEGAL TITLE TRUSTEE FOR TRUMAN 2016 SC6 TITLE TRUST, Plaintiff, vs. THOMAS F. LAMATRICE; UNKNOWN TENANT NO. 1; UNKNOWN TENANT NO. 2; and ALL UNKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH, UNDER OR AGAINST A NAMED DEFENDANT TO THIS ACTION, OR HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE PROPERTY HEREIN DESCRIBED, Defendant(s). AFFIDAVIT OF ATTORNEYS’ FEES AND COSTS STATE OF FLORIDA ) COUNTY OF BROWARD) BEFORE ME, personally appeared the undersigned Affiant, who under oath, did depose and say: 1. My name is Adam A. Diaz and I am an attorney of the Firm of SHD Legal Group P.A., and counsel for the Plaintiff in the above-styled case. I have personal knowledge of the facts set forth herein.. The firm of egal Group P-A- has afer to pay certain attorneys’ fees and reimbursement of certain costs related to representation of the Plaintiff in the above styled matter. The fee agreement is commensurate with the experience of the attorneys representing the Plaintiff, and is based on (i) a flat fee of $3,450.00 for uncontested foreclosures, and (ii) in the event the matter requires representation that is not contemplated in the flat fee agreernent the Plaintiff is required to pay additional fees to file necessary pleadings, attend legal proceedings and otherwise respond to issues raised in the subject case, which additional fees are based on the nature of the issue and based on an hourly rate, as reflected below. COSTS r 3, Plaintiff is entitled to recover the following costs incurred in the above styled foreclosure proceedings. Description Amount Title search 350.00 Disbursement for Filing Fee 945.00 Disbursement for service of process. 195.00 Total Costs $1490.00 4. Pursuant to the fee agreement, Plaintiff is obligated to pay SHD Legal Group P.A. reasonable attorneys’ fee incurred in this case. FLAT FEE 5. The work in this case was completed by attorneys and non-attorney staff. In reviewing the above styled case, I have determined the following is a description of the work contemplated under the flat fee agreement: Review and analyze the title status report and prepare synopsis of necessary defendantsfor preparation of complaint. Research and obtain current location of Defendant(s). Draft Complaint for Foreclosure; draft Notice of Lis Pendens; Draft Summonses necessary to foreclose mortgage joining all necessary parties. Arrange for filing of complaint, compile documents for service of process. Review file; draft A ffidavit of Indebtedness; drafted correspondence to client. Receive and docket conformed Notice of Lis Pendens. Obtain and review title update reflecting title status through the recording of lis pendens and obtain and review Defendant name search update to determine intervening liens. Receive and docket Return(s) of Service. Review file; arrange setting of hearing of Motion for Summary Judgment; draft Motion for Summary Judgment; draft Notice of Hearing; draft letter(s) to Court regarding motion. Receive and Review Affidavit of Indebtedness from client. Communicate with attomey acting as expert and draft Affidavit of Reasonable Attorneys Fees, draft Affidavit of Fees and Costs. The above descriptions are not based on contemporaneous time records, and are based on the Affiant's experience of the services required to prosecute an uncontested foreclosure. 6. In addition to the foregoing, SHD Legal Group P.A. will also provide the following representation prior to the hearing on Plaintiff's Motion for Summary Judgment, (7) Receive and review all Answers filed by applicable defendant(s), (i?) Draft Motion for Clerk’s default; draft non-military affidavits for any applicable Defendants, (ii) Draft proposed Final Judgment, (iv) Draft Notice of Sale, (v) DraftDisposition, (ix) Review file in preparation of hearing, and (x) Attend Hearing on Motion for Summary Final Judgment. 7. Post judgment, SHD Legal Group P.A. will be obligated to provide representation which includes, but is not necessarily limited to (i) review and proof sale publication (ii) coordination of bidding at sale, (éii) calculation of supplemental amounts due, (iv) draft Supplemental Affidavit of Amounts Due, {v) correspondence related to bidding at sale including bidding instruction, (vi) correspondence to client regarding sale, (vii) receipt and review of Certificate of Sale, (viii) receipt and review of Certificate of Title. 8. Based on the status of the above styled case, SHD Legal Group P.A. is entitled to be paid, (i) the title search fee, (ii) reasonable Attormeys’ fees, and (ii) reimbursement of costs, in the amounts reflected herein. 9. A reasonable fee for the work described above would be $3,450.00, based on the flat fee agreement. ADDITIONAL HOURLY FEE 10. In addition to the flat fee, the Plaintiff is obligated to pay the following fees for representation which are not included in the flat fee agreement, the fees are based on an hourly rate which varies by date between $175.00 to $225.00 and are based on both contemporaneous time and/or a flat fee. Plaintiff agreed to pay its attomeys a reasonable fee for legal services in connection with this foreclosure based on the above described flat fee for an uncontested case together with any applicable required additional fee as set forth below. Description Hours Rate Total LNA prepared as per client's request. 2.00 175.00 350.00 Draft Leter to the Judge regarding Defendant Motion for Extension | 2.60 215.00 559.00 of Time (.4); Review Borrower's Bankruptcy Petition and Filings to determine intent of Property (.5); Draft Notice of Intent to Surrender the Propery, redact exhibits (.5); Draft Request for Judicial Notice and redact exhibits (1.2)Receive and review Motion to Dismiss (.3), review case law cited in memorandum (.6) Examine Complaint for defects referenced in Motion (.3); Advise Client regarding Motion (.2) review file and correspond with client. (NonReimbursable by FNMA) 4/7/2017 Motion to Dismiss received and we are obtaining an affidavit to rebut any standing challenges. 7 The Motion to Dismiss received contains the following issues that will be addressed in our memo in opposition filed with the court: Receive and review Request to Produce, review file and correspond with client to obtain documents requested. Review case law and applicable statutes, draft memorandum of law in opposition to the Motion to Dismiss, correspond with opposing counsel regarding agreed order and review file. Receive and review Interrogatories, communicate with client to discuss proper responses and resolve any issues and review file. (NonReimbursable by FNMA) 4/10/2017 Interrogatories have been received. Draft response to Request to Produce, redact all privileged information, draft a privilege log and compile exhibits. Draft Motion for Extension of Time to Respond to Interrogatories, letter to the Court, and proposed order. Complete Litigation Evaulation Form; Draft email to client on outstanding documents needed Review Documents provided by Rushmore regarding Demand Letter proof of mailing Prepare for Hearings on MTD, Request for Judicial Notice and Motion for Extension of Time. Prepare Case Law for Judge on Surrender and request for judicial notice. Attend hearing on Motion to Dismiss. Receive and review Answer and Affirmative Defenses, correspond with client and review file. Draft reply to Affirmative Defenses with embedded Memorandum of Law in support of our position, review applicable documents and review file. Review of the motion, draft proposed order, and follow-up on entered/denied Order. 8/29/2017 Plaintiff's Motion to Strike Defenses has been drafted and is ready for filing. 1.40 0.80 3.10 2.00 1.50 0.30 0.80 1.20 3.20 1.40 215.00 301.00 215.00 172.00 215.00 666.50 215.00 430.00 ° 215.00 602.00 215.00 215.00 215.00 322.50 215.00 64.50 215.00 172.00 215,00 752.50 215.00 258.00 215.00 688.00 215.00 301.00Review of 65 T5660 729-66 Lb > and 1 entered/denied Order. 8/29/2017 Plaintiff's Motion to Strike Jury Demand has been drafted and is ready for filing. Draft 57.105 Letter and Motion for Sanctions 1.70 215.00 365.50 Finalize and file Motion for Sanctions 0.20 215.00 43.00 Prepare case law and argument for Hearing on Motion to Strike | 1.70 215.00 365.50 Defenses and Jury Demand. Attend hearing on Motion to Strike Defenses and Jury Demand. 5.50 215.00 1182.50 Draft Affidavit in Support for Foreclosure. 1.20 215.00 258.00 Finalize affidavit and cross check figures prior to uploading to | 0.30 215.00 64.50 client. Attend Case Management Conference/Docket Sounding. 2.00 215.00 430.00 Prepare for CMC 0.60 215.00 129.00 Attend Case Management Conference/Docket Sounding. 3.80 215.00 817.00 Draft Motion for Summary Judgment : 3.80 215.00 817.00 THIS CONCLUDES THIS AFFIDAVIT SHERLETTE SAMUEL MY COMMISSION # GGO00B60 Swom to and subscribed before me this B aay of Februar 2018 by Adam A. Diaz, cones June 28,2020 who is personaHy known to me and who did take an oath. FlorideNon 20m Notary Public, State of Florida (SEAL) My commission expires: 1460-162745 / MI