Preview
Filing # MME E -Filed 02/17/2020 11:30:48 AM
IN THE CIRCUIT COURT
OF THE EIGHTH JUDICIAL CIRCUIT
IN AND FOR BRADFORD COUNTY, FLORIDA
CASE ABER: 04-2019-CA-000486-CAAM
Circuit Civil Division
US BANK NATIONAL ASSOCIATION,
Plaintiff,
avs
MATTHEW THOMAS FRANKS, et al,
Defendant.
REPORT AND RE! (OMMENDATION OF THE GENERAL MAGISTRATE,
FINAL [UDGMENT OF FORECLOSURE
THIS CAUSE having come before the undersigned General Magistrate, and having reviewed the
record and being otherwise fully advised in the premises, the Mi istrate makes the following
findings of fact:
A. The General Magistrate and the Court have jurisdiction of the subject matter and the parties having consented to the Magistrate hearing this
case.
Plaintiff has standing to bring this action.
All Defendants were properly served and noticed.
Plaintiff has reestablished the fost note in this action as required by applicable law.
E. The Magistrate has examined the affidavits filed herein and finds that Plaintiff is
entitled to the relief set forth in the Final Judgment of Foreclosure attached hereto.
F. All parties have waived the ten day period in which to file exceptions to the Report and Recommendations of the General Magistrate.
IT IS THEREFORE RECOMMENDED that the Judgment of Foreclosure be entered by the Circuit Court and a judicial sale be scheduled
within 60 days from entry of the final judgment.
REPORTED AND RECOMMENDED on Friday, February 14, 2020.
Wena WE 02)
Paul Silverman, General Magistrate / Heai
04-2019-CA-000486-CAAM 02/14/2020 02:44:53 PM
Electronically Filed Bradford County Case # 19000486CAAXMX 02/17/2020 11:30:48 AM
on enn
04-2019-CA-000486-CAAM Page 1 of?
IN THE CIRCUIT COURT
OF THE EIGHTH JUDICIAL CIRCUIT
IN AND FOR BRADFORD COUNTY, FLORIDA
CASE NUMBER: 04-2019-CA-000486-CAAM
Circuit Civil Division
US BANK NATIONAL ASSOCIATION,
Plaintiff,
-VS-
MATTHEW THOMAS FRANKS
KRISTIN NICOLE FRANKS
UNITED STATES OF AMERICA ACTING THROUGH SECRETARY
CAVALRY PORTFOLIO SERVICES LLC
Defendant.
on
FINAL JUDGMENT OF FORECLOSURE
THIS ACTION was heard before the Court on Plaintiff's Motion for Summary Judgment on
February 13, 2020. On the evidence presented,
IT IS ADJUDGED that:
1 The Plaintiff's Motion for Summary Judgment is GRANTED. Service of process has
been duly and regularly obtained over Matthew Thomas Franks a/k/a Matthew Franks a/k/a
Mathew Franks; Kristin Nicole Franks a/k/a Kristin Franks; United States of America Acting
through Secretary of Housing and Urban Development; and Cavalry Portfolio Services, LLC as
Assignee of Cavalry SPV I, LLC as Assignee of Nissan; defendants.
2. There is due and owing to the Plaintiff the following:
Principal due on the note secured by the mortgage foreclosed: $111,427.77
Interest on the note and mortgage from January 1, 2019 to
$3,714.30
November 1, 2019
Escrow Advance ($193.76)
Additional Costs:
Late Charges $734.38
04-2019-CA-000486-CAAM Page 2 of 7
Property Preservation $490.00
Attorney Fees $2,260.00
Attorney Costs
Filing Fee- $970.00 $1,546.30
Service Cost- $576.30
GRAND TOTAL $119,978.99
3 The grand total amount referenced in Paragraph 2 shall bear interest from this date
forward at the prevailing legal rate of interest.
4 Plaintiff, U.S. Bank National Association, whose address is c/o U.S. Bank, National
Association, 4801 Frederica Street, Owensboro, KY 42301, holds a lien for the grand total sum
specified in Paragraph 2 herein. The lien of the Plaintiff is superior 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 the Florida Statutes,
Section 718.116 and Section 720.3085. The Plaintiffs lien encumbers the subject property located
in Bradford County, Florida and described as
A PARCEL OF LAND LYING IN LOTS 8 AND 9 OF WOODLAWN, SECTION 18,
TOWNSHIP 5 SOUTH, RANGE 22 EAST, AS PER PLAT RECORDED IN PLAT BOOK 1,
PAGE 17, OF THE PUBLIC RECORDS OF BRADFORD COUNTY, FLORIDA; SAID PARCEL
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT AN IRON ROD FOUND AT THE NORTHWEST CORNER OF SAID
SECTION 18, AND RUN SOUTH 00 DEGREES 03 MINUTES 25 SECONDS WEST, ALONG
THE WESTERLY BOUNDARY THEREOF, 429.12 FEET TO THE SOUTHWEST CORNER OF
THE NORTH 429.00 FEET OF SAID LOT 8; THENCE SOUTH 88 DEGREES 35 MINUTES 59
SECONDS EAST, PARALLEL WITH THE NORTHERLY BOUNDARY OF SAID SECTION
18, AND ALONG THE SOUTHERLY BOUNDARY OF SAID NORTH 429.00 FEET OF SAID
LOT 8, A DISTANCE OF 54.80 FEET TO AN IRON ROD SET ON THE EASTERLY
BOUNDARY OF THE RIGHT OF WAY OF COUNTY ROAD 125 FOR THE POINT OF
BEGINNING. FROM POINT OF BEGINNING THUS DESCRIBED CONTINUE SOUTH 88
DEGREES 35 MINUTES 59 SECONDS EAST, PARALLEL WITH SAID NORTHERLY
BOUNDARY AND ALONG SAID SOUTHERLY BOUNDARY, 242.60 FEET; THENCE
SOUTH 00 DEGREES 03 MINUTES 25 SECONDS WEST, 312.91 FEET; THENCE NORTH 88
DEGREES 35 MINUTES 59 SECONDS WEST, PARALLEL WITH SAID NORTHERLY
BOUNDARY AND SAID SOUTHERLY BOUNDARY, 238.96 FEET TO AFORESAID
EASTERLY BOUNDARY OF THE RIGHT OF WAY OF COUNTY ROAD 125; THENCE
NORTH 00 DEGREES 36 MINUTES 34 SECONDS WEST, ALONG SAID EASTERLY
BOUNDARY 313.02 FEET TO THE POINT OF BEGINNING.
04-2019-CA-000486-CAAM Page 3 of 7
TOGETHER WITH A MOBILE HOME LOCATED THEREON AS A PERMANENT FIXTURE
AND APPURTENANCE THERETO, DESCRIBED AS A 2006 FLEETWOOD DOUBLE WIDE
MOBILE HOME BEARING TITLE NUMBERS 98537377 AND 98537463 AND VIN
NUMBERS GAFL675A78229CD21 AND GAFL675B78229CD21.
Property address: 6565 NW CR 125 LAWTEY FL 32058
5 If the grand total amount with interest at the rate described in Paragraph 3 to this
judgment are not paid, the Clerk of the Court shall sell the subject property at public sale to the
highest bidder on APRIL 23, 2020 at in front of the Bradford County Courthouse, 945 Temple
Avenue, Starke, Florida 32091, to the highest bidder for chase, except as prescribed in Paragraph 6,
at 11:00 AM, E.S.T., after having first given notice as required by Section 45.031, Florida Statutes.
The Clerk shall not conduct the sale in the absence of the Plaintiff or its representative.
6. Plaintiff shall advance all subsequent costs of this action in addition to any advances to
protect its collateral 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. The clerk shall receive the service charge imposed in Section 45.031, Florida
Statutes, for service in making, recording, and certifying the sale and title that shall be assessed as
costs.
7
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 in
the property and defendant’s right of redemption as prescribed by section 45.0315, Florida Statutes
shall be terminated, 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, subject to the rights of a tenant occupying residential premises
pursuant to section 83.561, Florida Statutes, except for that of the United States of America, who
shall have 365 days to redeem.
8 On filing the Certificate of Title, the Clerk shall distributed 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 attorneys’ fees; fourth, the total sum due to the Plaintiff,
less the items paid, plus interest the rate prescribed in paragraph 3 from this date to the date of the
sale. During the sixty (60) days after the Clerk issues the certificate of disbursements, the Clerk
shall hold the surplus pending further Order of this Court.
9 Upon 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 and the purchaser at sale shall be let into possession of the property.
04-2019-CA-000486-CAAM Page 4 of 7
10. The Court finds, based upon the affidavits presented and upon inquiry of counsel for the
Plaintiff, that the fee of $2,260.00 is reasonable and appropriate for the Plaintiffs counsel’s
attorney’s fees. The Court finds that there are no reasons for either reduction or enhancement
pursuant to Florida patient’s Compensation Funds v. Rowe, 472 So. 2d 1145 (Fla. 1985), and the
Court therefore has awarded reasonable attorney’s fees in the amount indicated in paragraph 2 of
this judgment.
ll. NOTICE PURSUANT TO AMENDMENT TO SECTION 45.031, FLA. ST. (2006).
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 THE 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, BRADFORD COUNTY CLERK OF THE.
CIRCUIT COURT 945 N. TEMPLE AVENUE STARKE. FL. 32091[TELEPHONE 904-966-6280], WITHIN TEN (10) DAYS AFTER THE SALE IF
THERE IS ADDITIONAL MONEY FROM THE FORECLOSURE SALE THAT THE CLERK HAS IN THE RI ISTRY OF THE COURT.
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 THREE RIVERS LEGAL SERVICES, 901 NW 8th Avenue, Suite D-5, Gainesville, FL 32605,
TELEPHONE 325-372-0519, TO SEE IF YOU QUALIFY FINANCIALLY FOR THEIR SERVICES. IF THEY CANNOT AS! YOU, THEY MAY BE
ABLE TO REFER YOU TO A LOCAL BAR REFERRAL AGENCY OR SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO CONTACT FLORIDA.
RURAL LEGAL SERVICES, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE.
12. If Plaintiff is the successful purchaser at the foreclosure sale, Plaintiff may assign the
successful bid without further order of this court.
13. The Court finds that Plaintiff has standing to seek and receive the relief obtained herein.
14. Any funds payable from third party funds including attorney fees and costs shall be made
payable to Plaintiff.
15. The Court specifically reserves jurisdiction to enter further orders the Court deems just
and proper to include, without limitation, the following: orders related to pursuit and entry of
deficiency judgment, if Defendant has not been discharged in bankruptcy, or it is not prohibited by
federal law or mutual settlement agreement; orders granting additional attorney’s fees and costs;
writs of possession; orders determining the amount and responsibility for assessments that may be
due a condominium or homeowner’s association pursuant to sections 718.116 or 720.3085 of the
Florida Statutes; orders arising out of re-foreclosure, to include permitting a supplemental
complaint to add an interest-holder, and/or; orders involving reformation of the mortgage
instrument or deed to perfect title.
04-2019-CA-000486-CAAM Page 5 of 7
16. Plaintiff has a first and prior mortgage in and to the Property described in the legal
description, intended that the real property described in the Mortgage included an improvement to
the land, specifically the Manufactured Home, and that such Manufactured Home would be
permanently affixed to such land. The Manufactured Home has been at all times since the
execution of the Note and Mortgage, up to and including the fiing of this action permanently affixed
to and part of the real property described above. The real property will be sold jointly and
simultaneously with the Manufactured Home as part of the foreclosure sale. The Court should
order and direct the sale of the Property accordingly to law for the satisfaction of the money
judgment due Plaintiff.
17. The Court finds that the Plaintiff has reestablished the terms of the lost note and its right to
enforce the instrument as required by applicable law. Plaintiff shall hold the defendant(s) maker of
the note harmless and shall indemnify defendant(s) from any loss defendant(s) may incur by reason.
of a claim by any other person to enforce the lost note. Adequate protection has been provided as
required by law by the following means: a surety bond.
18. The Mortgage referenced in Count IH- Reformation of Mortgage is hereby reformed to
reflect the correct legal description as shown in Paragraph 4 of this Final Judgment.
19. Defendants’ Right of Redemption shall be terminated upon issuance of the Certificate of
Sale as prescribed by Florida Statute §45.0315 Florida Statutes; except for that of the United States
of America, which has 365 days to redeem. If the USA is a defendant for any other reason (i.e.
Federal Tax Lien. etc.) the redemption period is 120 days not 365.
DONE AND ORDERED in Starke, Bradford County, Florida on this Monday, February 17,
2020.
AER VISA COTA Cea
be
David P. Kreider, Circuit Judge
04-2019-CA-000486-CAAM 02/17/2020 10:07:40 AM
on enn
04-2019-CA-000486-CAAM Page 6 of 7
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that copies have been furnished by U.S. Mail or via filing with the Florida
Courts E-Filing Portal on Monday, February 17, 2020 to the following:
MATTHEW THOMAS FRANKS
ALBERTELLI LAW, COUNSEL FOR PLAINTIFF
6565 NW CR 125
ecf@albertellilaw.com
LAWTEY, FL 32058
CAVALRY PORTFOLIO SERVICES LLC
C/O R.A., CT CORPORATION SYSTEM John F Rudy IIL, Esq.
1200 SOUTH PINE ISLAND ROAD USAFLM.HUD @usdoj.gov
PLANTATION, FL 33324
KRISTIN NICOLE FRANKS
1503 NE 158TH ST.
STARKE, FL. 32091
oe ROR ee ea
wir e
Pamela Glover, Assistant
04-2019-CA-000486-CAAM 02/17/2020 11:21:40 AM
on enn
04-2019-CA-000486-CAAM Page 7 of7
Preview
Filing # MME E -Filed 02/17/2020 11:30:48 AM IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR BRADFORD COUNTY, FLORIDA CASE ABER: 04-2019-CA-000486-CAAM Circuit Civil Division US BANK NATIONAL ASSOCIATION, Plaintiff, avs MATTHEW THOMAS FRANKS, et al, Defendant. REPORT AND RE! (OMMENDATION OF THE GENERAL MAGISTRATE, FINAL [UDGMENT OF FORECLOSURE THIS CAUSE having come before the undersigned General Magistrate, and having reviewed the record and being otherwise fully advised in the premises, the Mi istrate makes the following findings of fact: A. The General Magistrate and the Court have jurisdiction of the subject matter and the parties having consented to the Magistrate hearing this case. Plaintiff has standing to bring this action. All Defendants were properly served and noticed. Plaintiff has reestablished the fost note in this action as required by applicable law. E. The Magistrate has examined the affidavits filed herein and finds that Plaintiff is entitled to the relief set forth in the Final Judgment of Foreclosure attached hereto. F. All parties have waived the ten day period in which to file exceptions to the Report and Recommendations of the General Magistrate. IT IS THEREFORE RECOMMENDED that the Judgment of Foreclosure be entered by the Circuit Court and a judicial sale be scheduled within 60 days from entry of the final judgment. REPORTED AND RECOMMENDED on Friday, February 14, 2020. Wena WE 02) Paul Silverman, General Magistrate / Heai 04-2019-CA-000486-CAAM 02/14/2020 02:44:53 PM Electronically Filed Bradford County Case # 19000486CAAXMX 02/17/2020 11:30:48 AM on enn 04-2019-CA-000486-CAAM Page 1 of? IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR BRADFORD COUNTY, FLORIDA CASE NUMBER: 04-2019-CA-000486-CAAM Circuit Civil Division US BANK NATIONAL ASSOCIATION, Plaintiff, -VS- MATTHEW THOMAS FRANKS KRISTIN NICOLE FRANKS UNITED STATES OF AMERICA ACTING THROUGH SECRETARY CAVALRY PORTFOLIO SERVICES LLC Defendant. on FINAL JUDGMENT OF FORECLOSURE THIS ACTION was heard before the Court on Plaintiff's Motion for Summary Judgment on February 13, 2020. On the evidence presented, IT IS ADJUDGED that: 1 The Plaintiff's Motion for Summary Judgment is GRANTED. Service of process has been duly and regularly obtained over Matthew Thomas Franks a/k/a Matthew Franks a/k/a Mathew Franks; Kristin Nicole Franks a/k/a Kristin Franks; United States of America Acting through Secretary of Housing and Urban Development; and Cavalry Portfolio Services, LLC as Assignee of Cavalry SPV I, LLC as Assignee of Nissan; defendants. 2. There is due and owing to the Plaintiff the following: Principal due on the note secured by the mortgage foreclosed: $111,427.77 Interest on the note and mortgage from January 1, 2019 to $3,714.30 November 1, 2019 Escrow Advance ($193.76) Additional Costs: Late Charges $734.38 04-2019-CA-000486-CAAM Page 2 of 7 Property Preservation $490.00 Attorney Fees $2,260.00 Attorney Costs Filing Fee- $970.00 $1,546.30 Service Cost- $576.30 GRAND TOTAL $119,978.99 3 The grand total amount referenced in Paragraph 2 shall bear interest from this date forward at the prevailing legal rate of interest. 4 Plaintiff, U.S. Bank National Association, whose address is c/o U.S. Bank, National Association, 4801 Frederica Street, Owensboro, KY 42301, holds a lien for the grand total sum specified in Paragraph 2 herein. The lien of the Plaintiff is superior 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 the Florida Statutes, Section 718.116 and Section 720.3085. The Plaintiffs lien encumbers the subject property located in Bradford County, Florida and described as A PARCEL OF LAND LYING IN LOTS 8 AND 9 OF WOODLAWN, SECTION 18, TOWNSHIP 5 SOUTH, RANGE 22 EAST, AS PER PLAT RECORDED IN PLAT BOOK 1, PAGE 17, OF THE PUBLIC RECORDS OF BRADFORD COUNTY, FLORIDA; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT AN IRON ROD FOUND AT THE NORTHWEST CORNER OF SAID SECTION 18, AND RUN SOUTH 00 DEGREES 03 MINUTES 25 SECONDS WEST, ALONG THE WESTERLY BOUNDARY THEREOF, 429.12 FEET TO THE SOUTHWEST CORNER OF THE NORTH 429.00 FEET OF SAID LOT 8; THENCE SOUTH 88 DEGREES 35 MINUTES 59 SECONDS EAST, PARALLEL WITH THE NORTHERLY BOUNDARY OF SAID SECTION 18, AND ALONG THE SOUTHERLY BOUNDARY OF SAID NORTH 429.00 FEET OF SAID LOT 8, A DISTANCE OF 54.80 FEET TO AN IRON ROD SET ON THE EASTERLY BOUNDARY OF THE RIGHT OF WAY OF COUNTY ROAD 125 FOR THE POINT OF BEGINNING. FROM POINT OF BEGINNING THUS DESCRIBED CONTINUE SOUTH 88 DEGREES 35 MINUTES 59 SECONDS EAST, PARALLEL WITH SAID NORTHERLY BOUNDARY AND ALONG SAID SOUTHERLY BOUNDARY, 242.60 FEET; THENCE SOUTH 00 DEGREES 03 MINUTES 25 SECONDS WEST, 312.91 FEET; THENCE NORTH 88 DEGREES 35 MINUTES 59 SECONDS WEST, PARALLEL WITH SAID NORTHERLY BOUNDARY AND SAID SOUTHERLY BOUNDARY, 238.96 FEET TO AFORESAID EASTERLY BOUNDARY OF THE RIGHT OF WAY OF COUNTY ROAD 125; THENCE NORTH 00 DEGREES 36 MINUTES 34 SECONDS WEST, ALONG SAID EASTERLY BOUNDARY 313.02 FEET TO THE POINT OF BEGINNING. 04-2019-CA-000486-CAAM Page 3 of 7 TOGETHER WITH A MOBILE HOME LOCATED THEREON AS A PERMANENT FIXTURE AND APPURTENANCE THERETO, DESCRIBED AS A 2006 FLEETWOOD DOUBLE WIDE MOBILE HOME BEARING TITLE NUMBERS 98537377 AND 98537463 AND VIN NUMBERS GAFL675A78229CD21 AND GAFL675B78229CD21. Property address: 6565 NW CR 125 LAWTEY FL 32058 5 If the grand total amount with interest at the rate described in Paragraph 3 to this judgment are not paid, the Clerk of the Court shall sell the subject property at public sale to the highest bidder on APRIL 23, 2020 at in front of the Bradford County Courthouse, 945 Temple Avenue, Starke, Florida 32091, to the highest bidder for chase, except as prescribed in Paragraph 6, at 11:00 AM, E.S.T., after having first given notice as required by Section 45.031, Florida Statutes. The Clerk shall not conduct the sale in the absence of the Plaintiff or its representative. 6. Plaintiff shall advance all subsequent costs of this action in addition to any advances to protect its collateral 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. The clerk shall receive the service charge imposed in Section 45.031, Florida Statutes, for service in making, recording, and certifying the sale and title that shall be assessed as costs. 7 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 in the property and defendant’s right of redemption as prescribed by section 45.0315, Florida Statutes shall be terminated, 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, subject to the rights of a tenant occupying residential premises pursuant to section 83.561, Florida Statutes, except for that of the United States of America, who shall have 365 days to redeem. 8 On filing the Certificate of Title, the Clerk shall distributed 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 attorneys’ fees; fourth, the total sum due to the Plaintiff, less the items paid, plus interest the rate prescribed in paragraph 3 from this date to the date of the sale. During the sixty (60) days after the Clerk issues the certificate of disbursements, the Clerk shall hold the surplus pending further Order of this Court. 9 Upon 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 and the purchaser at sale shall be let into possession of the property. 04-2019-CA-000486-CAAM Page 4 of 7 10. The Court finds, based upon the affidavits presented and upon inquiry of counsel for the Plaintiff, that the fee of $2,260.00 is reasonable and appropriate for the Plaintiffs counsel’s attorney’s fees. The Court finds that there are no reasons for either reduction or enhancement pursuant to Florida patient’s Compensation Funds v. Rowe, 472 So. 2d 1145 (Fla. 1985), and the Court therefore has awarded reasonable attorney’s fees in the amount indicated in paragraph 2 of this judgment. ll. NOTICE PURSUANT TO AMENDMENT TO SECTION 45.031, FLA. ST. (2006). 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 THE 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, BRADFORD COUNTY CLERK OF THE. CIRCUIT COURT 945 N. TEMPLE AVENUE STARKE. FL. 32091[TELEPHONE 904-966-6280], WITHIN TEN (10) DAYS AFTER THE SALE IF THERE IS ADDITIONAL MONEY FROM THE FORECLOSURE SALE THAT THE CLERK HAS IN THE RI ISTRY OF THE COURT. 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 THREE RIVERS LEGAL SERVICES, 901 NW 8th Avenue, Suite D-5, Gainesville, FL 32605, TELEPHONE 325-372-0519, TO SEE IF YOU QUALIFY FINANCIALLY FOR THEIR SERVICES. IF THEY CANNOT AS! YOU, THEY MAY BE ABLE TO REFER YOU TO A LOCAL BAR REFERRAL AGENCY OR SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO CONTACT FLORIDA. RURAL LEGAL SERVICES, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE. 12. If Plaintiff is the successful purchaser at the foreclosure sale, Plaintiff may assign the successful bid without further order of this court. 13. The Court finds that Plaintiff has standing to seek and receive the relief obtained herein. 14. Any funds payable from third party funds including attorney fees and costs shall be made payable to Plaintiff. 15. The Court specifically reserves jurisdiction to enter further orders the Court deems just and proper to include, without limitation, the following: orders related to pursuit and entry of deficiency judgment, if Defendant has not been discharged in bankruptcy, or it is not prohibited by federal law or mutual settlement agreement; orders granting additional attorney’s fees and costs; writs of possession; orders determining the amount and responsibility for assessments that may be due a condominium or homeowner’s association pursuant to sections 718.116 or 720.3085 of the Florida Statutes; orders arising out of re-foreclosure, to include permitting a supplemental complaint to add an interest-holder, and/or; orders involving reformation of the mortgage instrument or deed to perfect title. 04-2019-CA-000486-CAAM Page 5 of 7 16. Plaintiff has a first and prior mortgage in and to the Property described in the legal description, intended that the real property described in the Mortgage included an improvement to the land, specifically the Manufactured Home, and that such Manufactured Home would be permanently affixed to such land. The Manufactured Home has been at all times since the execution of the Note and Mortgage, up to and including the fiing of this action permanently affixed to and part of the real property described above. The real property will be sold jointly and simultaneously with the Manufactured Home as part of the foreclosure sale. The Court should order and direct the sale of the Property accordingly to law for the satisfaction of the money judgment due Plaintiff. 17. The Court finds that the Plaintiff has reestablished the terms of the lost note and its right to enforce the instrument as required by applicable law. Plaintiff shall hold the defendant(s) maker of the note harmless and shall indemnify defendant(s) from any loss defendant(s) may incur by reason. of a claim by any other person to enforce the lost note. Adequate protection has been provided as required by law by the following means: a surety bond. 18. The Mortgage referenced in Count IH- Reformation of Mortgage is hereby reformed to reflect the correct legal description as shown in Paragraph 4 of this Final Judgment. 19. Defendants’ Right of Redemption shall be terminated upon issuance of the Certificate of Sale as prescribed by Florida Statute §45.0315 Florida Statutes; except for that of the United States of America, which has 365 days to redeem. If the USA is a defendant for any other reason (i.e. Federal Tax Lien. etc.) the redemption period is 120 days not 365. DONE AND ORDERED in Starke, Bradford County, Florida on this Monday, February 17, 2020. AER VISA COTA Cea be David P. Kreider, Circuit Judge 04-2019-CA-000486-CAAM 02/17/2020 10:07:40 AM on enn 04-2019-CA-000486-CAAM Page 6 of 7 CERTIFICATE OF SERVICE I HEREBY CERTIFY that copies have been furnished by U.S. Mail or via filing with the Florida Courts E-Filing Portal on Monday, February 17, 2020 to the following: MATTHEW THOMAS FRANKS ALBERTELLI LAW, COUNSEL FOR PLAINTIFF 6565 NW CR 125 ecf@albertellilaw.com LAWTEY, FL 32058 CAVALRY PORTFOLIO SERVICES LLC C/O R.A., CT CORPORATION SYSTEM John F Rudy IIL, Esq. 1200 SOUTH PINE ISLAND ROAD USAFLM.HUD @usdoj.gov PLANTATION, FL 33324 KRISTIN NICOLE FRANKS 1503 NE 158TH ST. STARKE, FL. 32091 oe ROR ee ea wir e Pamela Glover, Assistant 04-2019-CA-000486-CAAM 02/17/2020 11:21:40 AM on enn 04-2019-CA-000486-CAAM Page 7 of7