Preview
Inst. Number: 202167010421 Book: 1228 Page: 695 Page 1 of 6 Date: 12/30/2021 Time: 12:13 PM
Lora C. Bell Clerk of Courts, Washington County, Florida
Washinic:
cour N
DEC tg u
CLERK. | 7
GIR ee
IN THE CIRCUIT COURT OF THE 14TH JUDICIAL CIRCUIT,
IN AND FOR WASHINGTON COUNTY, FLORIDA
CASE NO.: 19-000168-CA
U.S. BANK, N.A., AS TRUSTEE, SUCCESSOR IN
INTEREST TO WACHOVIA BANK NATIONAL
ASSOCIATION, AS TRUSTEE, SUCCESSOR BY
MERGER TO FIRST UNION NATIONAL BANK AS
TRUSTEE, FOR MID-STATE TRUST X,
Plaintiff,
v.
BOBBY G. TILLIS; WILMA E. TILLIS; JOHN DOE,
Defendant(s).
/
IN REM FINAL JUDGMENT OF FORECLOSURE, EQUITABLE SUBORDINATION
AND REFORMATION OF MORTGAGE AND REQUEST FOR ATTORNEYS’ FEES
THIS ACTION was heard before the Court on Plaintiff's Motion for Summary Judgment of
Foreclosure, equitable subordination, reformation of mortgage and Request for Attorneys’ Fees
on December 16, 2021, On the evidence presented,
ITIS ORDERED AND ADJUDGED that:
1. The Plaintiff, U.S. BANK, N.A.. AS TRUSTEE, SUCCESSOR IN INTEREST TO
WACHOVIA BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR BY
MERGER TO FIRST UNION NATIONAL BANK AS TRUSTEE, FOR MID-STATE
TRUST X, whose address is c/o Shellpoint Mortgage Servicing, 55 Beattie Place, Greenville,
SC 29601 is due:
Principal $43,325.91
Interest through to 11/5/21 at 9.25% $13,793.36
Interest from 11/6/21 to 12/16/21 at $10.98 . $450.18
Escrow Balance at Loan Transfer $1,219.17
Pre-acceleration Late Charges $299.18
Insurance $2,058.27
Deferred Principal & Interest $6,220.50
Foreclosure Costs $4,143.01
Title Cost $350.00
Recording Cost $563.50
Property Inspection $358.00
Page I of 6
File No: M2000138-IMV Case No: 19-000168-CAInst. Number: 202167010421 Book: 1228 Page: 696 Page 2 of 6 Date: 12/30/2021 Time: 12:13 PM
Lora C. Bell Clerk of Courts, Washington County, Florida
Forced Place Insurance $971.90
Property Taxes $1,311.29
Filing Cost $20.70
SUB-TOTAL $75,084.97
Attorney Fees — Kelley Kronenberg $3,576.50
Credits ($53.43)
Unapplied Balance ($386.60)
GRAND TOTAL: $78,221.44
That shall bear interest at the prevailing statutory rate pursuant to Florida Statute 55.03.
2. The Plaintiff holds a lien for the total sum superior to all claims or estates of Defendant(s)
BOBBY G. TILLIS; WILMA E. TILLIS; CAPITAL ONE NA AS COLL TLGF, on the following
described property in Washington County, Florida:
Legal Description:
THE FOLLOWING DESCRIBED PART OF THE EAST 1/2 OF THE EAST 1/2 OF
THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP
4 NORTH, RANGE 15 WEST: .
COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF
THE NORTHWEST 1/4, OF SECTION 33, TOWNSHIP 4N, RANGE 15 WEST,
WASHINGTON COUNTY, FLORIDA; THENCE N 00°30'31" E ALONG THE
EAST LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID
SECTION 33 FOR 244.31 FEET TO THE NORTH RIGHT OF WAY LINE OF SR
280 (66 FOOT RIGHT OF WAY). THENCE S 82°04'30" W ALONG THE NORTH
RIGHT OF WAY LINE OF SR 280 FOR 214.77 FEET TO THE POINT OF
BEGINNING. THENCE CONTINUE S 82°04'30 W ALONG NORTH RIGHT OF
WAY LINE OF SR 280 FOR 122.91 FEET TO THE WEST LINE OF THE EAST
1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4
SECTION 33; THENCE N 00°37'17" E ALONG THE WEST LINE OF THE EAST
1/2 OF THE EAST 1/2 OF THE. NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SAID SECTION 33, FOR 369.28 FEET. THENCE §S 87'43'26" E FOR 121.59 FEET.
THENCE S 00°37' 17" W FOR 347.50 FEET TO THE POINT OF BEGINNING,
BEING A PORTION OF THE EAST 1/2 OF THE EAST 1/2 OF THE NORTHEAST
’ 1/4 OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 4 NORTH, RANGE
15 WEST, ALL LYING AND BEING IN WASHINGTON COUNTY, FLORIDA.
Property Address: 4214 Douglas Ferry, Caryville, FL 32427.
The aforesaid lien of the Plaintiff is prior, paramount and superior to all rights, claim, liens,
interest, claim, encumbrances and equities of the Defendants and all persons, firms or corporations
Page 2 of 6
File No: M2000138-JMV
Case No.: 19-000168-CAInst. Number: 202167010421 Book: 1228 Page: 697 Page 3 of 6 Date: 12/30/2021 Time: 12:13 PM
Lora C. Bell Clerk of Courts, Washington County, Florida
claiming by, through or under said defendants or any of them and the property will be sold free
and clear of all claims Defendants, with the exception of any assessments pursuant to Florida
Statues 718.116 and 720.3085.
3. If the total sum with interest at the rate described in Paragraph 1 and all costs accrued
subsequent to this judgment are not paid, the Clerk of Court shall sell the property at public sale
on Lebruarye g , 2022 to the highest bidder for cash, except as set forth in Paragraph 4,
IN THE LOBBY OF THE WASHINGTON COUNTY CLERK OF COURT, 1293 JACKSON
AVENUE, SUITE 101, CHIPLEY, FL 32428, AT 10:00 A.M. (CST) in accordance with § 45.031
Fla. Stat. (2019).
4, 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 the 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.
5. 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 plaintiff's costs; second, documentary stamps affixed to
the certificate; third, plaintiff's attorneys’ fees; fourth, the total sum due to plaintiff, less the items
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.
6. On filing 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
Page 3 of 6
File No: M2000138-JMV Case No.: 19-000168-CAInst. Number: 202167010421 Book: 1228 Page: 698 Page 4 of 6 Date: 12/30/2021 Time: 12:13 PM
Lora C. Bell Clerk of Courts, Washington County, Florida
in the 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.
7. Jurisdiction of this action is retained to enter further orders that are necessary or are proper
including, but not limited to, re-foreclosure against any subordinate interest omitted from these
proceedings, determining the amounts owed to any condominium or homeowners association, or
issuance of a writ of possession.
8. Count II- Equitable Subordination- The Court finds that the Plaintiffs’, U.S. BANK, N.A.,
AS TRUSTEE, SUCCESSOR IN INTEREST TO WACHOVIA BANK NATIONAL
ASSOCIATION, AS TRUSTEE, SUCCESSOR BY MERGER TO FIRST UNION NATIONAL
BANK AS TRUSTEE, FOR MID-STATE TRUST X, mortgage superior to all other liens and is
entitled to its count for equitable subordination. Specifically, this Court finds Plaintiff's lien
superior to the tax deed recorded in official records Book 1130 Page 508 of the public records of
Washington County, Florida, for Defendant, CAPITAL ONE NA AS COLL TLGF for the reasons
set forth in Plaintiff's complaint.
9. Count III- Reformation of Mortgage- The Court finds that, as a matter of law, the Plaintiff
may reform the mortgage to express the true intent of the parties. The legal description on the
mortgage recorded in the public records of Washington County at Official Records Book #388 at
Page #352 and subsequently corrected in Official Records Book 381 Page 54 is hereby reformed
to read:
THE FOLLOWING DESCRIBED PART OF THE EAST 1/2 OF THE EAST 1/2 OF
THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP
4 NORTH, RANGE 15 WEST:
COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF
Page 4 of 6
File No: M2000138-IMV Case No.: 19-000168-CAInst. Number: 202167010421 Book: 1228 Page: 699 Page 5 of 6 Date: 12/30/2021 Time: 12:13 PM
Lora C. Bell Clerk of Courts, Washington County, Florida
THE NORTHWEST 1/4, OF SECTION 33, TOWNSHIP 4N, RANGE 15 WEST,
WASHINGTON COUNTY, FLORIDA; THENCE N 00°30'31" E ALONG THE
EAST LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID
SECTION 33 FOR 244.31 FEET TO THE NORTH RIGHT OF WAY LINE OF SR
280 (66 FOOT RIGHT OF WAY). THENCE S 82°04'30" W ALONG THE NORTH
RIGHT OF WAY LINE OF SR 280 FOR 214.77 FEET TO THE POINT OF
BEGINNING. THENCE CONTINUE S 82°04'30 W ALONG NORTH RIGHT OF
WAY LINE OF SR 280 FOR 122.91 FEET TO THE WEST LINE OF THE EAST
1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4
SECTION 33; THENCE N 00°37'17" E ALONG THE WEST LINE OF THE EAST
1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SAID SECTION 33, FOR 369.28 FEET. THENCE S 87'43'26" E FOR 121.59 FEET.
THENCE § 00°37' 17" W FOR 347,50 FEET TO THE POINT OF BEGINNING.
BEING A PORTION OF THE EAST 1/2 OF THE EAST 1/2 OF THE NORTHEAST
1/4 OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 4 NORTH, RANGE
15 WEST, ALL LYING AND BEING IN WASHINGTON COUNTY, FLORIDA.
The Certificate of Title issued after the foreclosure sale shall reflect the reformed legal description.
10. The Plaintiff may assign the Judgment and credit bid by the filing of an assignment
prior to the issuance of the Certificate of Title without further order of the Court.
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, 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.
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, 1293 JACKSON AVENUE, CHIPLEY, FL 32428, (850-
638-6289) 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 CLAIM THE
Page 5 of 6
File No: M2000138-JMV Case No.: 19-000168-CAInst. Number: 202167010421 Book: 1228 Page: 700 Page 6 of 6 Date: 12/30/2021 Time: 12:13 PM
Lora C. Bell Clerk of Courts, Washington County, Florida
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 LEGAL SERVICES OF NORTH FLORIDA, INC., 211 E 117
STREET, PANAMA CITY, FL, 850-769-3581 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 LEGAL SERVICES OF NORTH FLORIDA, INC., YOU
SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE.
“The court retains jurisdiction in this matter to address any issues of entitlement, rights or
obligations under Chapters 718 and 720, Florida Statutes, of the parties to this action, their
successors or assignees.”
2021,
PONS QRDERED at Chipley, Washington County, Florida this Le G day of
CIRCUIT IG
Copies furnished to:
Lauren K. Einhorn, Esq., Attorney for Plaintiff, Kelley Kronenberg, 10360 West State Road 84,
Fort Lauderdale, FL 33324, ftlrealprop@kelleykronenberg.com;
Bobby G. Tillis, 4214 Douglas Ferry Rd., Caryville, FL 32427;
Wilma E. Tillis, 4214 Douglas Ferry Road, Caryville, FL 32427;
CAPITAL ONE NA AS COLL TLGF, 15000 Capital One Drive, Richmond, VA 23238,
Page 6 of 6
File No: M2000138-JIMV Case No,: 19-000168-CA
Preview
Inst. Number: 202167010421 Book: 1228 Page: 695 Page 1 of 6 Date: 12/30/2021 Time: 12:13 PM Lora C. Bell Clerk of Courts, Washington County, Florida Washinic: cour N DEC tg u CLERK. | 7 GIR ee IN THE CIRCUIT COURT OF THE 14TH JUDICIAL CIRCUIT, IN AND FOR WASHINGTON COUNTY, FLORIDA CASE NO.: 19-000168-CA U.S. BANK, N.A., AS TRUSTEE, SUCCESSOR IN INTEREST TO WACHOVIA BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR BY MERGER TO FIRST UNION NATIONAL BANK AS TRUSTEE, FOR MID-STATE TRUST X, Plaintiff, v. BOBBY G. TILLIS; WILMA E. TILLIS; JOHN DOE, Defendant(s). / IN REM FINAL JUDGMENT OF FORECLOSURE, EQUITABLE SUBORDINATION AND REFORMATION OF MORTGAGE AND REQUEST FOR ATTORNEYS’ FEES THIS ACTION was heard before the Court on Plaintiff's Motion for Summary Judgment of Foreclosure, equitable subordination, reformation of mortgage and Request for Attorneys’ Fees on December 16, 2021, On the evidence presented, ITIS ORDERED AND ADJUDGED that: 1. The Plaintiff, U.S. BANK, N.A.. AS TRUSTEE, SUCCESSOR IN INTEREST TO WACHOVIA BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR BY MERGER TO FIRST UNION NATIONAL BANK AS TRUSTEE, FOR MID-STATE TRUST X, whose address is c/o Shellpoint Mortgage Servicing, 55 Beattie Place, Greenville, SC 29601 is due: Principal $43,325.91 Interest through to 11/5/21 at 9.25% $13,793.36 Interest from 11/6/21 to 12/16/21 at $10.98 . $450.18 Escrow Balance at Loan Transfer $1,219.17 Pre-acceleration Late Charges $299.18 Insurance $2,058.27 Deferred Principal & Interest $6,220.50 Foreclosure Costs $4,143.01 Title Cost $350.00 Recording Cost $563.50 Property Inspection $358.00 Page I of 6 File No: M2000138-IMV Case No: 19-000168-CAInst. Number: 202167010421 Book: 1228 Page: 696 Page 2 of 6 Date: 12/30/2021 Time: 12:13 PM Lora C. Bell Clerk of Courts, Washington County, Florida Forced Place Insurance $971.90 Property Taxes $1,311.29 Filing Cost $20.70 SUB-TOTAL $75,084.97 Attorney Fees — Kelley Kronenberg $3,576.50 Credits ($53.43) Unapplied Balance ($386.60) GRAND TOTAL: $78,221.44 That shall bear interest at the prevailing statutory rate pursuant to Florida Statute 55.03. 2. The Plaintiff holds a lien for the total sum superior to all claims or estates of Defendant(s) BOBBY G. TILLIS; WILMA E. TILLIS; CAPITAL ONE NA AS COLL TLGF, on the following described property in Washington County, Florida: Legal Description: THE FOLLOWING DESCRIBED PART OF THE EAST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 4 NORTH, RANGE 15 WEST: . COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, OF SECTION 33, TOWNSHIP 4N, RANGE 15 WEST, WASHINGTON COUNTY, FLORIDA; THENCE N 00°30'31" E ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 33 FOR 244.31 FEET TO THE NORTH RIGHT OF WAY LINE OF SR 280 (66 FOOT RIGHT OF WAY). THENCE S 82°04'30" W ALONG THE NORTH RIGHT OF WAY LINE OF SR 280 FOR 214.77 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE S 82°04'30 W ALONG NORTH RIGHT OF WAY LINE OF SR 280 FOR 122.91 FEET TO THE WEST LINE OF THE EAST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 SECTION 33; THENCE N 00°37'17" E ALONG THE WEST LINE OF THE EAST 1/2 OF THE EAST 1/2 OF THE. NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 33, FOR 369.28 FEET. THENCE §S 87'43'26" E FOR 121.59 FEET. THENCE S 00°37' 17" W FOR 347.50 FEET TO THE POINT OF BEGINNING, BEING A PORTION OF THE EAST 1/2 OF THE EAST 1/2 OF THE NORTHEAST ’ 1/4 OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 4 NORTH, RANGE 15 WEST, ALL LYING AND BEING IN WASHINGTON COUNTY, FLORIDA. Property Address: 4214 Douglas Ferry, Caryville, FL 32427. The aforesaid lien of the Plaintiff is prior, paramount and superior to all rights, claim, liens, interest, claim, encumbrances and equities of the Defendants and all persons, firms or corporations Page 2 of 6 File No: M2000138-JMV Case No.: 19-000168-CAInst. Number: 202167010421 Book: 1228 Page: 697 Page 3 of 6 Date: 12/30/2021 Time: 12:13 PM Lora C. Bell Clerk of Courts, Washington County, Florida claiming by, through or under said defendants or any of them and the property will be sold free and clear of all claims Defendants, with the exception of any assessments pursuant to Florida Statues 718.116 and 720.3085. 3. If the total sum with interest at the rate described in Paragraph 1 and all costs accrued subsequent to this judgment are not paid, the Clerk of Court shall sell the property at public sale on Lebruarye g , 2022 to the highest bidder for cash, except as set forth in Paragraph 4, IN THE LOBBY OF THE WASHINGTON COUNTY CLERK OF COURT, 1293 JACKSON AVENUE, SUITE 101, CHIPLEY, FL 32428, AT 10:00 A.M. (CST) in accordance with § 45.031 Fla. Stat. (2019). 4, 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 the 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. 5. 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 plaintiff's costs; second, documentary stamps affixed to the certificate; third, plaintiff's attorneys’ fees; fourth, the total sum due to plaintiff, less the items 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. 6. On filing 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 Page 3 of 6 File No: M2000138-JMV Case No.: 19-000168-CAInst. Number: 202167010421 Book: 1228 Page: 698 Page 4 of 6 Date: 12/30/2021 Time: 12:13 PM Lora C. Bell Clerk of Courts, Washington County, Florida in the 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. 7. Jurisdiction of this action is retained to enter further orders that are necessary or are proper including, but not limited to, re-foreclosure against any subordinate interest omitted from these proceedings, determining the amounts owed to any condominium or homeowners association, or issuance of a writ of possession. 8. Count II- Equitable Subordination- The Court finds that the Plaintiffs’, U.S. BANK, N.A., AS TRUSTEE, SUCCESSOR IN INTEREST TO WACHOVIA BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR BY MERGER TO FIRST UNION NATIONAL BANK AS TRUSTEE, FOR MID-STATE TRUST X, mortgage superior to all other liens and is entitled to its count for equitable subordination. Specifically, this Court finds Plaintiff's lien superior to the tax deed recorded in official records Book 1130 Page 508 of the public records of Washington County, Florida, for Defendant, CAPITAL ONE NA AS COLL TLGF for the reasons set forth in Plaintiff's complaint. 9. Count III- Reformation of Mortgage- The Court finds that, as a matter of law, the Plaintiff may reform the mortgage to express the true intent of the parties. The legal description on the mortgage recorded in the public records of Washington County at Official Records Book #388 at Page #352 and subsequently corrected in Official Records Book 381 Page 54 is hereby reformed to read: THE FOLLOWING DESCRIBED PART OF THE EAST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 4 NORTH, RANGE 15 WEST: COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF Page 4 of 6 File No: M2000138-IMV Case No.: 19-000168-CAInst. Number: 202167010421 Book: 1228 Page: 699 Page 5 of 6 Date: 12/30/2021 Time: 12:13 PM Lora C. Bell Clerk of Courts, Washington County, Florida THE NORTHWEST 1/4, OF SECTION 33, TOWNSHIP 4N, RANGE 15 WEST, WASHINGTON COUNTY, FLORIDA; THENCE N 00°30'31" E ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 33 FOR 244.31 FEET TO THE NORTH RIGHT OF WAY LINE OF SR 280 (66 FOOT RIGHT OF WAY). THENCE S 82°04'30" W ALONG THE NORTH RIGHT OF WAY LINE OF SR 280 FOR 214.77 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE S 82°04'30 W ALONG NORTH RIGHT OF WAY LINE OF SR 280 FOR 122.91 FEET TO THE WEST LINE OF THE EAST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 SECTION 33; THENCE N 00°37'17" E ALONG THE WEST LINE OF THE EAST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 33, FOR 369.28 FEET. THENCE S 87'43'26" E FOR 121.59 FEET. THENCE § 00°37' 17" W FOR 347,50 FEET TO THE POINT OF BEGINNING. BEING A PORTION OF THE EAST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 4 NORTH, RANGE 15 WEST, ALL LYING AND BEING IN WASHINGTON COUNTY, FLORIDA. The Certificate of Title issued after the foreclosure sale shall reflect the reformed legal description. 10. The Plaintiff may assign the Judgment and credit bid by the filing of an assignment prior to the issuance of the Certificate of Title without further order of the Court. 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, 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. 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, 1293 JACKSON AVENUE, CHIPLEY, FL 32428, (850- 638-6289) 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 CLAIM THE Page 5 of 6 File No: M2000138-JMV Case No.: 19-000168-CAInst. Number: 202167010421 Book: 1228 Page: 700 Page 6 of 6 Date: 12/30/2021 Time: 12:13 PM Lora C. Bell Clerk of Courts, Washington County, Florida 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 LEGAL SERVICES OF NORTH FLORIDA, INC., 211 E 117 STREET, PANAMA CITY, FL, 850-769-3581 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 LEGAL SERVICES OF NORTH FLORIDA, INC., YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE. “The court retains jurisdiction in this matter to address any issues of entitlement, rights or obligations under Chapters 718 and 720, Florida Statutes, of the parties to this action, their successors or assignees.” 2021, PONS QRDERED at Chipley, Washington County, Florida this Le G day of CIRCUIT IG Copies furnished to: Lauren K. Einhorn, Esq., Attorney for Plaintiff, Kelley Kronenberg, 10360 West State Road 84, Fort Lauderdale, FL 33324, ftlrealprop@kelleykronenberg.com; Bobby G. Tillis, 4214 Douglas Ferry Rd., Caryville, FL 32427; Wilma E. Tillis, 4214 Douglas Ferry Road, Caryville, FL 32427; CAPITAL ONE NA AS COLL TLGF, 15000 Capital One Drive, Richmond, VA 23238, Page 6 of 6 File No: M2000138-JIMV Case No,: 19-000168-CA