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Filing # 144997868 E-Filed 03/03/2022 01:12:41 PM
VANDERBILT MORTGAGE AND IN THE 5TH JUDICIAL CIRCUIT COURT IN
FINANCE, INC., AND FOR LAKE COUNTY, FLORIDA
Plaintiff,
Case No. 2021CA1633
vs.
BROOKE S. POWELL; UNKNOWN SPOUSE
OF BROOKE S. POWELL; LINDA J. SALVATORE;
UNKNOWN SPOUSE OF LINDA J. SALVATORE;
BANK OF AMERICA, N. A.; and UNKNOWN TENANT
Defendant. /
PLAINTIFF'S MOTION FOR SUMMARY FINAL JUDGMENT
AND DETERMINATION OF A REASONABLE ATTORNEY'S FEE
Plaintiff, by and through its undersigned counsel, moves the Court to enter Summary
Final Judgment against Defendant(s) BROOKE S. POWELL; LINDA J. SALVATORE;
UNKNOWN SPOUSE OF LINDA J. SALVATORE; BANK OF AMERICA, N. A.; and
UNKNOWN TENANT, pursuant to FRCP Rule 1.510, and would show:
1. The pleadings on file together with the affidavits, if any, show that there is no genuine
issue as to any material fact and that Plaintiff is entitled to a judgment as a matter of law.
2. Attached to or filed concurrently with this motion are the following documents, which
are incorporated herein by reference:
(a) copy of the mortgage which is the subject of this foreclosure action
(original will be filed or established at the time of hearing);
() copy of the note which is the subject of this foreclosure action
(original will be filed or established at the time of hearing);
© Affidavit of Amount Due attached hereto as Exhibit “A”;
@ Affidavit of Costs and Expenses attached hereto as Exhibit “B”;
©) Affidavit of Attorney's Fee attached hereto as Exhibit “C”; and
® Affidavit of Reasonableness of Attorney's Fee
(original will be filed or established at the time of hearing)
3. The grounds upon which this motion is based and the substantial matters of law to be
argued are the priority of the lien of Plaintiff's mortgage over the interest of Defendants, and all
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FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 03/03/2022 01:41:12 PM
others claiming by, through or under them, in the real property encumbered by the mortgage, and
Plaintiff's entitlement to a reasonable attorney's fee.
4, Plaintiff is the owner and holder of the note and mortgage, the note and mortgage are
in default by virtue of non-payment, Plaintiff elected to accelerate the sums due under the note
and mortgage, and the mortgage is a purchase money first mortgage or was recorded prior to the
recording of the instruments evidencing the interest of Defendants.
5. Plaintiff has the right under the terms of the note and mortgage to accelerate the note
upon default and foreclose the mortgage against the interest of Defendants and all those claiming
by, through or under Defendants. David v. Sun Federal Savings & Loan Association, 461 So.2d
93 (Fla., 1984).
6. Plaintiff is entitled to an award of reasonable attorney's fees pursuant to the terms of
the note and mortgage, and a deficiency judgment against those defendants who executed the
note and have not received a discharge in bankruptcy.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the foregoing has been served this 3rd day of
March , 2022 via U.S. Mail to: Brooke S. Powell, 40802 Crest Lane, Eustis,
FL 32736; Linda J. Salvatore, 4435 Bryan Avenue, Kissimmee, FL 34746; Unknown Spouse of
Linda J. Salvatore, 4435 Bryan Avenue, Kissimmee, FL 34746; Bank of America, N.A., 1200
South Pine Island Rd., Plantation, FL 33324; Unkno enant n/k/a Anthony Alicea, 40802
Crest Lane, Eustis, FL 32736.
By:
SEND MAIL TO: Leslié White, for the firm
Dean, Mead, Egerton, Bloodworth, Florida Bar No. 521078
Capouano & Bozarth, P.A. Telephone 407-841-1200
Attn: Leslie S. White Facsimile 407-423-1831
Post Office Box 2346 primary email: lwhite@deanmead.com
Orlando, FL 32802-2346 secondary email: bransom@deanmead.com
03581710.v1
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Filing # 144997868 E-Filed 03/03/2022 01:12:41 PM VANDERBILT MORTGAGE AND IN THE 5TH JUDICIAL CIRCUIT COURT IN FINANCE, INC., AND FOR LAKE COUNTY, FLORIDA Plaintiff, Case No. 2021CA1633 vs. BROOKE S. POWELL; UNKNOWN SPOUSE OF BROOKE S. POWELL; LINDA J. SALVATORE; UNKNOWN SPOUSE OF LINDA J. SALVATORE; BANK OF AMERICA, N. A.; and UNKNOWN TENANT Defendant. / PLAINTIFF'S MOTION FOR SUMMARY FINAL JUDGMENT AND DETERMINATION OF A REASONABLE ATTORNEY'S FEE Plaintiff, by and through its undersigned counsel, moves the Court to enter Summary Final Judgment against Defendant(s) BROOKE S. POWELL; LINDA J. SALVATORE; UNKNOWN SPOUSE OF LINDA J. SALVATORE; BANK OF AMERICA, N. A.; and UNKNOWN TENANT, pursuant to FRCP Rule 1.510, and would show: 1. The pleadings on file together with the affidavits, if any, show that there is no genuine issue as to any material fact and that Plaintiff is entitled to a judgment as a matter of law. 2. Attached to or filed concurrently with this motion are the following documents, which are incorporated herein by reference: (a) copy of the mortgage which is the subject of this foreclosure action (original will be filed or established at the time of hearing); () copy of the note which is the subject of this foreclosure action (original will be filed or established at the time of hearing); © Affidavit of Amount Due attached hereto as Exhibit “A”; @ Affidavit of Costs and Expenses attached hereto as Exhibit “B”; ©) Affidavit of Attorney's Fee attached hereto as Exhibit “C”; and ® Affidavit of Reasonableness of Attorney's Fee (original will be filed or established at the time of hearing) 3. The grounds upon which this motion is based and the substantial matters of law to be argued are the priority of the lien of Plaintiff's mortgage over the interest of Defendants, and all 03581710.v1 FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 03/03/2022 01:41:12 PM others claiming by, through or under them, in the real property encumbered by the mortgage, and Plaintiff's entitlement to a reasonable attorney's fee. 4, Plaintiff is the owner and holder of the note and mortgage, the note and mortgage are in default by virtue of non-payment, Plaintiff elected to accelerate the sums due under the note and mortgage, and the mortgage is a purchase money first mortgage or was recorded prior to the recording of the instruments evidencing the interest of Defendants. 5. Plaintiff has the right under the terms of the note and mortgage to accelerate the note upon default and foreclose the mortgage against the interest of Defendants and all those claiming by, through or under Defendants. David v. Sun Federal Savings & Loan Association, 461 So.2d 93 (Fla., 1984). 6. Plaintiff is entitled to an award of reasonable attorney's fees pursuant to the terms of the note and mortgage, and a deficiency judgment against those defendants who executed the note and have not received a discharge in bankruptcy. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing has been served this 3rd day of March , 2022 via U.S. Mail to: Brooke S. Powell, 40802 Crest Lane, Eustis, FL 32736; Linda J. Salvatore, 4435 Bryan Avenue, Kissimmee, FL 34746; Unknown Spouse of Linda J. Salvatore, 4435 Bryan Avenue, Kissimmee, FL 34746; Bank of America, N.A., 1200 South Pine Island Rd., Plantation, FL 33324; Unkno enant n/k/a Anthony Alicea, 40802 Crest Lane, Eustis, FL 32736. By: SEND MAIL TO: Leslié White, for the firm Dean, Mead, Egerton, Bloodworth, Florida Bar No. 521078 Capouano & Bozarth, P.A. Telephone 407-841-1200 Attn: Leslie S. White Facsimile 407-423-1831 Post Office Box 2346 primary email: lwhite@deanmead.com Orlando, FL 32802-2346 secondary email: bransom@deanmead.com 03581710.v1