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INSTRUMENT#: 2021079168 OR BK 5726 PG 87 PAGES: 6 6/9/2021 1:05:59 PM
GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA
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IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT,
IN AND FOR LAKE COUNTY, FLORIDA
CIVIL DIVISION
MADISON ALAMOSA HECM, LLC,
Plaintiff,
-vs- Case No.: 21-CA-000093
THE UNKNOWN HEIRS, DEVISEES, GRANTEES, ASSIGNEES, LIENORS,
CREDITORS, TRUSTEES OR OTHER CLAIMANTS CLAIMING BY,
THROUGH, UNDER OR AGAINST LORETTA F. COOK, DECEASED; LYNN
BROADWAY AND UNKNOWN SPOUSE OF LYNN BROADWAY; TAMMY
DELONG AND UNKNOWN SPOUSE OF TAMMY DELONG; SHANNON
COOK AND UNKNOWN SPOUSE OF SHANNON COOK; JOHN A COOK, JR.
AND UNKNOWN SPOUSE OF JOHN A COOK, JR.; THE SECRETARY OF
HOUSING AND URBAN DEVELOPMENT; UNKNOWN TENANT 1;
UNKNOWN TENANT 2,
Defendants.
EXPEDITED IN REM FINAL JUDGMENT OF FORECLOSURE
THIS ACTION was heard before the Court on Plaintiff's Motion for Order to Show Cause
on June 8, 2021. On the evidence presented,
IT IS ORDERED AND ADJUDGED that:
1 Plaintiff, MADISON ALAMOSA HECM, LLC, whose address is 900 Highlands
Drive, Suite 301, Solana Beach, California 92075, is due:
Principal $ 57,087.61
Interest through 8/10/2020 $ 48,055.93
Interest from 8/10/2020 to 6/8/2021 $ 2,636.10
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INSTRUMENT# 2021079168 OR BOOK 5726/PAGE 88 PAGE 2 of 6
Tax and Insurance Advances $ 6,048.75
Prior Legal Fees/Inspection $ 0.00
Fees/Registration Fees
Subtotal $ 113,828.39
Plaintiff is obligated to pay its attorneys a reasonable fee for their services herein.
Florida Statute Section 702.10 provides a presumptively reasonable attorney fee of
3.0% of the amount due on the mortgage sued upon.
Attorneys’ fees
Finding as to a reasonable flat fee: $ 1,712.62
Additionally, the requested attorney’s fee is 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.
| Attorneys’ fees Total: $ 1,712.62 |
Other Costs:
Title Search Fee $ 99.00
Heirs Search/Death Certificate $ 342.40
Search
Notice of Sale Fees $70.00
Publication Fee (estimated Notice of $ 800.00
Action/Notice of Sale)
Recording Fee $ 0.00
Postage/FedEx $ 0.00
Filing Fee $ 1,080.54
Service of Process $ 746.30
Subtotal $ 3,138.24
TOTAL $ 118,679.25
that shall bear interest at the rate of 4.31% a year.
2. Plaintiff holds a lien for the total sum superior to all claims or estates of
defendant(s), on the following described property in Lake County, Florida:
THE EAST 93.72 FEET OF THE WEST 281.16 FEET OF THE NORTH 118.5 FEET OF
THE SOUTH 276.5 FEET OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF
SECTION 12, TOWNSHIP 19 SOUTH, RANGE 26 EAST, IN LAKE COUNTY,
FLORIDA. ALSO A PERPETUAL RIGHT OF WAY AND EASEMENT FOR THE
PURPOSE OF INGRESS AND EGRESS FOR THE PROPERTY HEREIN
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INSTRUMENT# 2021079168 OR BOOK 5726/PAGE 89 PAGE 3 of 6
ENCUMBERED TO EAST WASHINGTON AVENUE OVER A STRIP OF LAND 10
FEET IN WIDTH, THAT IS TO SAY, 5 FEET ON EACH SIDE OF A LINE RUNNING
SOUTH FROM THE SOUTHEAST COMER OF THE PROPERTY HEREIN
CONVEYED TO THE NORTH LINE OF EAST WASHINGTON AVENUE, ALONG
AN EXTENSION SOUTH OF THE EAST LINE OF THE ABOVE DESCRIBE
PROPERTY.
PARCEL#: 12-19-26-000400014600
Property address: 510 OAK HILL CT., EUSTIS, FL 32726.
3 If the total sum with interest at the rate described in paragraph 1 and all costs
accrued subsequent to this jud; Tan? ze not paid, the Clerk of the Court shall sell the property at
public sale on i 2021, to the highest bidder for cash, except as
prescribed in paragraph 4, in accordance with Section 45.031, Florida Statutes, using the following
method:
In person on the First Floor near the information desk, Lake County Courthouse,
Lake County Judicial Center, 550 W. Main Street, Tavares, Florida 32778 at 11:00
AM EST
4. Plaintiff shall advance all subsequent costs of this action and post judgment
advances and shall be reimbursed for such costs and post judgment advances 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 plaintiffs bid with the total sum with
interest, costs and any post judgment advances made by the plaintiff 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 the plaintiffs costs and post judgment
advances; 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 at the rate prescribed in
paragraph | 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 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 the property, except as to claims or rights under Chapter 718 or Chapter 720, Florida
Statues, 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 The Court retains jurisdiction of this action to enter further orders that are proper,
including, without limitation, orders and judgments on supplemental complaints to re-foreclose to
add omitted parties or remedy any other defects in the foreclosure proceedings, orders determining
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INSTRUMENT# 2021079168 OR BOOK 5726/PAGE 90 PAGE 4 of 6
the amount of assessments or other charges owed to any condominium or homeowners association,
writs of possession, as to any defendants who have not been discharged in bankruptcy.
"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 AT 352-742-4100 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 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 COMMUNITY LEGAL SERVICES OF
MID-FLORIDA, 226 WEST MAIN STREET, TAVARES, FL 32778, TELEPHONE
NUMBER, 352-343-0815, 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 THE FLORIDA BAR ASSOCIATION REFERRAL SERVICE
AT 800-342-8011 FOR ASSISTANCE, YOU SHOULD DO SO AS SCON AS POSSIBLE
AFTER RECEIPT OF THIS NOTICE.
THE PROPERTY OWNER IS THE OWNER OF RECORD WHO APPEARS TO BE THE
OWNER(S) OF THE FORECLOSED PROPERTY ON THE DATE OF THE FILING OF
THE LIS PENDENS. TO MAKE A CLAIM TO THE SURPLUS, AN OWNER OF
RECORD MAY USE THE FORM PROVIDED AT SECTION 45.032(3)(A), FLORIDA
STATUTES. ONE YEAR AFTER THE SALE, ANY SURPLUS REMAINING WITH THE
CLERK OF THE COURT MUST BE REMITTED TO THE DEPARTMENT OF
FINANCIAL SERVICES, AS PROVIDED IN SECTION 45.032(3)(C), FLORIDA
STATUTES. AFTER THE SURPLUS HAS BEEN REMITTED TO THE DEPARTMENT
OF FINANCIAL SERVICES, THE OWNER OF RECORD, OR THE BENEFICIARY OF
A DECEASED OWNER OF RECORD, MUST MAKE A CLAIM WITH THE
DEPARTMENT FOR THE SURPLUS PURSUANT TO SECTION 717.124, FLORIDA
STATUTES.
IF YOU ARE A PERSON WITH A _ DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU
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INSTRUMENT# 2021079168 OR BOOK 5726/PAGE 91 PAGE 5 of 6
Sela Lok use secu tony
1S -6O Leys pew FL
ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF Gh Son
ASSISTANCE. PLEASE CONTACT THE ADA COORDINATOR AT THE OFFICE OF
THE TRIAL COURT ADMINISTRATOR, LAKE COUNTY COURTHOUSE, P.O. BOX
7800/550 W. MAIN STREET, TAVARES, FLORIDA 32778, TELEPHONE (352) 742-4221,
AT LEAST’ 7 DAYS BEFORE YOUR SCHEDULED COURT APPEARANCE, OR
IMMEDIATELY UPON RECEIVING THIS NOTIFICATION IF THE TIME BEFORE
THE SCHEDULED APPEARANCE IS LESS THAN 7 DAYS; IF YOU ARE HEARING
OR VOICE IMPAIRED, CALL 711 OR (352) 742-3890.
8 PURSUANT TO THE LOAN DOCUMENTS, NO DEFICIENCY SHALL BE
SOUGHT OR OBTAINED.
9 Assignment, The Plaintiff may assign and credit bid by the filing of an assignment
prior to the issuance of the certificate of title without further order of the court.
«DONE AND ORDERED in Chambers, Lake County, Florida, this 4g day of
_deotncme 2021.
Z,
, CIRCUIT GE
Copies furnished to all parties listed on the attached Service List.
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INSTRUMENT# 2021079168 OR BOOK 5726/PAGE 92 PAGE 6 of 6
SERVICE LIST
JEEFREY C. HAKANSON, ESQ.
ATTORNEY FOR PLAINTIFF
MCINTYRE | THANASIDES
500 E. KENNEDY BLVD, SUITE 200
TAMPA, FL 33602
jchservice@mcintyrefirm.com
jeff@mcintyrefirm.com
JOHN A COOK, JR
15621 TANGERINE AVE
TAVARES, FL 32778
UNKNOWN SPOUSE OF JOHN A COOK, JR N/K/A THERESA COOK
15621 TANGERINE AVE
TAVARES, FL 32778
LYNN BROADWAY
1026 HILLCREST CT
EUSTIS, FL 32726
SHANNON COOK
456 E ATWATER AVE
EUSTIS, FL 32726
TAMMY DELONG
76 ABERDEEN CIR
LEESBURG, FL 34788
THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT
C/O JOHN F. RUDY, III, ESQ.
U.S. ATTORNEY'S OFFICE
400 N TAMPA ST, SUITE 3200
TAMPA, FL 33602
Usaflm.hud.disclaimers@usdoj.gov
jaxsfforeclosures@hud.gov
THE UNKNOWN HEIRS, DEVISEES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS,
TRUSTEES OR OTHER CLAIMANTS CLAIMING BY, THROUGH, UNDER OR AGAINST
LORETTA F. COOK, DECEASED
510 OAK HILL CT
EUSTIS, FL 32726
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