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IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, FLORIDA
Deutsche Bank National Trust Company, as Trustee GENERAL JURISDICTION DIVISION
for American Home Mortgage Assets Trust 2007-5,
Mortgage-Backed Pass-Through Certificates Series Case No. 2017-CA-004939-O
2007-5,
Plaintiff,
Wanda Yvette Diaz a/k/a Wanda Y. Diaz a/k/a
Wanda Diaz a/k/a Wanda Yanice Diaz; Richard
Diaz; United States of America, Department of the
Treasury-Internal Revenue Service, wy
Defendants.
FINAL JUDGMENT
THIS ACTION was heard before the Court on Plaintiff's Motion for Summary Judgment on
June 18, 2018. On the evidence presented
IT IS ADJUDGED that:
1. Plaintiff, Deutsche Bank National Trust Company, as Trustee for American Home
Mortgage Assets Trust 2007-5, Mortgage-Backed Pass-Through Certificates Series 2007-5, 1661
Worthington Road, Suite 100, West Palm Beach, Florida 33416, is due:
Principal $141,519.74
Interest to date of this judgment $13,333.61
Title Search Expense $300.00
Late Charges $207.95
Hazard Insurance 2017 $1,408.00
Hazard Insurance 2018 $711.00
Attorneys’ fees
Flat Fee:*$3,105.00
Attorneys’ fees total $3,105.00
Court costs, now taxed:
Complaint Filing $940.00
* 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.
2017-CA-004939-O 1 File # 17-F01573Service of Process $350.00
Recording, Lis Pendens $19.50
Expert Affidavit $10.00
Other:
Maintenance $7,936.14
Property Inspection $224.50
TOTAL $170,065.44
2. The grand total amount referenced in Paragraph | shall bear interest from this date
forward at the prevailing legal rate of interest in accordance with Section 55.U3, Florida Statutes.
3. Plaintiff holds a lien for the total sum superior to all claims or estates of defendants, on
the following described property in Orange County, Florida:
LOT 3, BLOCK H, SUN HAVEN FIRST ADDITION, ACCORDING TO THE
PLAT THEREOF, RECORDED IN PLAT BOOK X, PAGE 110, OF THE PUBLIC
RECORDS OF ORANGE COUNTY, FLORIDA.
4. 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 this court shall sell the property at
public sale on , ly 23 201®to the highest bidder for cash, except as prescribed in paragraph
4, at the courthdyse lodated at 425 North Orange Avenue in Orange County in Orlando, Florida, in
accordance with section 45.031, Florida Statutes, using the following method (CHECK ONE):
O At , beginning at on the prescribed date.
yw By electronic sale beginning at 11:00 on the prescribed date at
www.myorangeclerk.realforeclose.com.
5. 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 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.
6. The United States of America shall have the right of redemption provided by 28 U.S.C.
§2410(c) and, if it is the successful bidder at the foreclosure sale, it shall be allowed thirty (30)
days to deliver a Treasury check to the Clerk of Court in payment of the amount of its bid. Further,
the deposit required by Florida Statutes 45.021(2) shall be waived.
7, 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 | from this date to the date of
the sale; and by retaining any remaining amount pending the further order of this court.
8. On filing the certificate of sale, defendants and all persons claiming under or against
2017-CA-004939-0 2 File # 17-F01573defendants 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 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.
9. 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, issuance of a writ of possession and the entry of a deficiency judgment, when and if
such deficiency is sought if the parties liable under the note have not been discharged in
= As may he cought if the parties linbie under the note were
sos Bok Neen
Vauniupiey Gao were: RO Oo may
subject to an order allowing Plaintiff or its predecessors-in-interest only in rem relief from the
bankruptcy automatic stay).
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, YOU MUST FILE A CLAIM WITH THE CLERK
NO LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM,
YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS.
ORDERED at Chery Loud Florida, on Laan af & tae ..
:
Grad Rvuro
Circuit
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy hereof was served electronically or via
U.S. Mail on this day of , 2018 to all persons shown on the following
service list.
BROCK & SCOTT, PLLC
Attorney for Plaintiff
1501 N.W. 49" Street, Suite 200
Ft. Lauderdale, FL 33309
Phone: (954) 618-6955, ext. 6121
Fax: (954) 618-6954
FLCourtDocs@brockandscott.com
By:
Jarret Berfond, Esq.
Florida Bar No. 28816
Copies furnished:
2017-CA-004939-O 3 File # 17-F01573Jarret Berfond, Esq.
Brock & Scott, PLLC
Attorney for Plaintiff
1501 Northwest 49th Street, Suite 200
Fort Lauderdale, FL 33309
Service List
United States of America, Department of the Treasury-Internal Revenue Service
c/o United States Attorney
400 N. ‘Lampa St. Suite 3Zuu
Tampa, FL 33602
Wanda Yvette Diaz a/k/a Wanda Y. Diaz a/k/a Wanda Diaz a/k/a Wanda Yanice Diaz
9104 Valencia College Ln
Orlando, FL 32825
Richard Diaz
9104 Valencia College Ln
Orlando, FL 32825
2017-CA-004939-O
07°95
12408-0
T1195
350«00
19°50
10990
7393614
224*50
170906504
File # 17-F01573
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IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA Deutsche Bank National Trust Company, as Trustee GENERAL JURISDICTION DIVISION for American Home Mortgage Assets Trust 2007-5, Mortgage-Backed Pass-Through Certificates Series Case No. 2017-CA-004939-O 2007-5, Plaintiff, Wanda Yvette Diaz a/k/a Wanda Y. Diaz a/k/a Wanda Diaz a/k/a Wanda Yanice Diaz; Richard Diaz; United States of America, Department of the Treasury-Internal Revenue Service, wy Defendants. FINAL JUDGMENT THIS ACTION was heard before the Court on Plaintiff's Motion for Summary Judgment on June 18, 2018. On the evidence presented IT IS ADJUDGED that: 1. Plaintiff, Deutsche Bank National Trust Company, as Trustee for American Home Mortgage Assets Trust 2007-5, Mortgage-Backed Pass-Through Certificates Series 2007-5, 1661 Worthington Road, Suite 100, West Palm Beach, Florida 33416, is due: Principal $141,519.74 Interest to date of this judgment $13,333.61 Title Search Expense $300.00 Late Charges $207.95 Hazard Insurance 2017 $1,408.00 Hazard Insurance 2018 $711.00 Attorneys’ fees Flat Fee:*$3,105.00 Attorneys’ fees total $3,105.00 Court costs, now taxed: Complaint Filing $940.00 * 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. 2017-CA-004939-O 1 File # 17-F01573Service of Process $350.00 Recording, Lis Pendens $19.50 Expert Affidavit $10.00 Other: Maintenance $7,936.14 Property Inspection $224.50 TOTAL $170,065.44 2. The grand total amount referenced in Paragraph | shall bear interest from this date forward at the prevailing legal rate of interest in accordance with Section 55.U3, Florida Statutes. 3. Plaintiff holds a lien for the total sum superior to all claims or estates of defendants, on the following described property in Orange County, Florida: LOT 3, BLOCK H, SUN HAVEN FIRST ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK X, PAGE 110, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. 4. 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 this court shall sell the property at public sale on , ly 23 201®to the highest bidder for cash, except as prescribed in paragraph 4, at the courthdyse lodated at 425 North Orange Avenue in Orange County in Orlando, Florida, in accordance with section 45.031, Florida Statutes, using the following method (CHECK ONE): O At , beginning at on the prescribed date. yw By electronic sale beginning at 11:00 on the prescribed date at www.myorangeclerk.realforeclose.com. 5. 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 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. 6. The United States of America shall have the right of redemption provided by 28 U.S.C. §2410(c) and, if it is the successful bidder at the foreclosure sale, it shall be allowed thirty (30) days to deliver a Treasury check to the Clerk of Court in payment of the amount of its bid. Further, the deposit required by Florida Statutes 45.021(2) shall be waived. 7, 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 | from this date to the date of the sale; and by retaining any remaining amount pending the further order of this court. 8. On filing the certificate of sale, defendants and all persons claiming under or against 2017-CA-004939-0 2 File # 17-F01573defendants 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 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. 9. 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, issuance of a writ of possession and the entry of a deficiency judgment, when and if such deficiency is sought if the parties liable under the note have not been discharged in = As may he cought if the parties linbie under the note were sos Bok Neen Vauniupiey Gao were: RO Oo may subject to an order allowing Plaintiff or its predecessors-in-interest only in rem relief from the bankruptcy automatic stay). 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, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. ORDERED at Chery Loud Florida, on Laan af & tae .. : Grad Rvuro Circuit CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy hereof was served electronically or via U.S. Mail on this day of , 2018 to all persons shown on the following service list. BROCK & SCOTT, PLLC Attorney for Plaintiff 1501 N.W. 49" Street, Suite 200 Ft. Lauderdale, FL 33309 Phone: (954) 618-6955, ext. 6121 Fax: (954) 618-6954 FLCourtDocs@brockandscott.com By: Jarret Berfond, Esq. Florida Bar No. 28816 Copies furnished: 2017-CA-004939-O 3 File # 17-F01573Jarret Berfond, Esq. Brock & Scott, PLLC Attorney for Plaintiff 1501 Northwest 49th Street, Suite 200 Fort Lauderdale, FL 33309 Service List United States of America, Department of the Treasury-Internal Revenue Service c/o United States Attorney 400 N. ‘Lampa St. Suite 3Zuu Tampa, FL 33602 Wanda Yvette Diaz a/k/a Wanda Y. Diaz a/k/a Wanda Diaz a/k/a Wanda Yanice Diaz 9104 Valencia College Ln Orlando, FL 32825 Richard Diaz 9104 Valencia College Ln Orlando, FL 32825 2017-CA-004939-O 07°95 12408-0 T1195 350«00 19°50 10990 7393614 224*50 170906504 File # 17-F01573