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11/15/2019 11:44 AM FILED IN OPEN COURT TIFFANY M RUSSELL CLERK CIRCUIT COURT ORANGE CO FL Page 1
IN THE FLORIDA COURT OF THE NINTH JUDICIAL
CIRCUIT OF FLORIDA IN AND FOR ORANGE COUNTY
GENERAL JURISDICTION DIVISION
CASE NO: 2017-CA-008145-O
US BANK NATIONAL ASSOCIATION, AS SUCCESSOR
TRUSTEE, TO BANK OF AMERICA, NATIONAL
ASSOCIATION, SUCCESSOR BY MERGER TO
LASALLE NATIONAL ASSOCIATION, AS TRUSTEE
FOR OWNIT MORTGAGE LOAN TRUST, MORTGAGE
LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-7,
Plaintiff,
vs.
RAFAEL AGOSTO A/K/A RAFAEL O. AGOSTO; WANDA
AGOSTO A/K/A WANDA AGOSTO RODRIGUEZ A/K/A
WANDA I. AGOSTA A/K/A WANDA I. RODRIGUEZ ;
ANTONIO G. MARTIN, ESQ, AS TRUSTEE OF THE
DERRICK DRIVE LAND TRUST #6826 DATED AUGUST
1, 2017; UNKNOWN SUCCESSOR TRUSTEE OF THE
DERRICK DRIVE LAND TRUST #6826 DATED AUGUST
1, 2017; MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC. AS NOMINEE FOR OWNIT MORTGAGE
SOLUTIONS, INC.; ORANGE COUNTY, FL; THE
INDEPENDENT SAVINGS PLAN COMPANY DBA ISPC;
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE
FOR THE CBASS MORTGAGE LOAN ASSET-BACKED
CERTIFICATES, SERIES 2007-SL1; ANY AND ALL
UNKNOWN PARTIES CLAIMING BY, THROUGH,
UNDER, AND AGAINST THE HEREIN NAMED
INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN
TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN
PARTIES MAY CLAIM AN INTEREST AS SPOUSES,
HEIRS, DEVISEES, GRANTEES, OR OTHER
CLAIMANTS,
Defendant(s).
/
FINAL JUDGMENT OF FORECLOSURE
This action was tried before the court at a Non-Jury Trial on November 15, 2019. On the
evidence presented. IT IS ADJUDGED that Plaintiff's Final Judgment is GRANTED against all
defendants listed by name: WANDA AGOSTO A/K/A WANDA AGOSTO RODRIGUEZ A/K/A
WANDA I. AGOSTA A/K/A WANDA I. RODRIGUEZ; RAFAEL AGOSTO A/K/A RAFAEL O.
AGOSTO; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR
OWNIT MORTGAGE SOLUTIONS, INC.; ORANGE COUNTY, FL; THE INDEPENDENT
SAVINGS PLAN COMPANY DBA ISPC; U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE
FOR THE CBASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-SL1;
ANTONIO G. MARTIN, ESQ, AS TRUSTEE OF THE DERRICK DRIVE LAND TRUST #6826
DATED AUGUST 1, 2017; UNKNOWN SUCCESSOR TRUSTEE OF THE DERRICK DRIVE LAND
TRUST #6826 DATED AUGUST 1, 2017;
17-0422421.
Amounts Due. Plaintiff, US BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE,
TO BANK OF AMERICA, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO
LASALLE NATIONAL ASSOCIATION, AS TRUSTEE FOR OWNIT MORTGAGE LOAN
TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-7, whose address
is c/o PHH Mortgage, One Mortgage Way, Mt. Laurel, NJ 08054, is due:
Principal $153,483.35
Interest to date of this judgment: November 15, 2019 $64,881.53 aaQes
Escrow Advance $20,559.93
Late Charges $723.60 .
Inspections $731.50 Ope es
Property Preservation $59,317.24 203 559693
BPO/Appraisals $911.50 7 25660
Title Charges $675.00 731 +50
SUBTOTAL $301,283.65 -s
Attorneys' Fees: 5993517924
Finding as to reasonable number of hours: 25.90 911*50
Finding as to reasonable hourly rate: $215.00 675*00
Flat Fee: $4,100.00 DOB++ereerereres
Attendance at Court: $850.00 301 »283°65
Attorneys’ Fee Total: $10,518.50
Court Costs, now taxed: 3019283*65
Filing Fee: $943.60 10s518*50
Service of Process: $1,258.15 94360
Lis Pendens: $20.00 1325815
Publication — Notice of Action $50.00 20°00
Other: $82.94 50°00
Summons: $81.05 82094
Skip Trace: $1.89 OD7*seccevceseve
TOTAL SUM $314,156.84 3149156°84
That shall bear interest at a rate of 6.89%.
Lien on Property. Plaintiff holds a lien for the total sum superior to all claims or estates of
defendant(s), on the following described property in Orange County, Florida:
LOT 1, BLOCK "F", HIAWASSA. HIGHLANDS, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK "WwW", PAGE 17, OF THE PUBLIC
RECORDS OF ORANGE COUNTY, FLORIDA.
Property Address: 6826 DERRICK DR, ORLANDO, FL 32818
Sale of Property. 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 the mn day of Marc 20Z., to the highest bidder for cash, except as
prescribed in paragraph 4, at the courthouse located at 425 N. ORANGE AVENUE, ORLANDO, FL
32801 in Orange County, Florida, in accordance with section 45.03 1, Florida Statutes (2013), using
the following method:
www.myorangeclerk.realforeclose.com beginning at 11:00 AM
17-042242
teh hee He
tht eH ey4. Costs. 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.
5. Distribution of Proceeds. 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.
6. Right of Redemption/Right of Possession. 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 (2013) 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.
7, Attorneys' Fees, The Court finds, based upon the affidavits presented and upon inquiry of counsel
for the Plaintiff, that the flat fee of $4100.00 is reasonable and appropriate for the Plaintiff's counsel’s
attorney’s fees. Furthermore, the Court finds, based upon the affidavits presented and upon inquiry of
counsel for the Plaintiff, that 25.90 hours were reasonably expended by Plaintiff's counsel and that
and hourly rate of $215.00 is appropriate. PLAINTIFF’S COUNSEL CERTIFIES THAT THE
ATTORNEY FEE AWARDED DOES NOT EXCEED ITS CONTRACT FEE WITH PLAINTIFF.
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 1 of this Judgment.
8. Jurisdiction Retained. Jurisdiction is reserved over this action to enforce the Final Judgment
and to enter further orders that are proper including, without limitation, an award of
attorney’s fees and costs, a deficiency decree (if sought and appropriate), writs of possession,
orders granting leave to file supplemental and/or amended pleadings to add additional parties,
and orders resolving any disputes with respect to assessments and/or other amounts allegedly
due associations.
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 LIEN HOLDER 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,
If the subject property has qualified for homestead tax exemption in the most recent approved tax
roll then:
17-042242IF 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, 425 NORTH ORANGE AVENUE, ORLANDO, FL 32801,
WITHIN 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, INC., 1036 WEST
AMELIA STREET, ORLANDO, FL 32805-1408, (407) 841-7777) 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 COMMUNITY LEGAL SERVICES OF MID-
FLORIDA, INC. FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER
RECEIPT OF THIS NOTICE.
ff
4 ORDERED at ORLANDO, ORANGE COUNTY, FLORIDA this l $ day of
. 201}.
HONO! ING JUDGE
COPIES FURNISHED TO:
ROBERTSON, ANSCHUTZ & SCHNEID, P.L.
ATTORNEYS FOR PLAINTIFF
6409 CONGRESS AVE., SUITE 100
BOCA RATON, FL 33487
PRIMARY EMAIL: MAIL@RASFLAW.COM
MARTIN LAW GROUP, P.L.
ANTONIO G. MARTIN
ATTORNEY FOR WANDA AGOSTO A/K/A WANDA AGOSTO RODRIGUEZ A/K/A WANDA I. AGOSTA
A/K/A WANDA I. RODRIGUEZ
C/O MARTIN LAW GROUP, P.L.
1420 CELEBRATION BLVD SUITE 200
CELEBRATION, FL 34747
PRIMARY EMAIL: INFO@CALLMARTINLAWGROUP.COM
RAFAEL AGOSTO A/K/A RAFAEL O. AGOSTO
3200 OLD WINTER GARDEN RD APT 2024
OCOEE, FL 34761
17-042242BLANK ROME, LLP
DANIEL S. HURTES
ATTORNEY FOR MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR
OWNIT MORTGAGE SOLUTIONS, INC.
C/O BLANK ROME, LLP
500 E. BROWARD BLVD., SUITE 2100
FT LAUDERDALE, FL 33394
PRIMARY EMAIL: DHURTES@BLANKROME.COM
SECONDARY EMAIL: BRFLESERVICE@BLANKROME.COM
ORANGE COUNTY ATTORNEY'S OFFICE
CRISTINA T. BERRIOS, ESQ.
ATTORNEY FOR ORANGE COUNTY, FL
C/O ORANGE COUNTY ATTORNEY'S OFFICE
201.8. ROSALIND AVE, 3RD FLOOR
ORLANDO, FL 32802
PRIMARY EMAIL: FORECLOSURE.ESERVE@OCFL.NET
ISPC
MICHAEL D. GINSBERG
ATTORNEY FOR THE INDEPENDENT SAVINGS PLAN COMPANY DBA ISPC
C/O ISPC
1115 GUNN HIGHWAY SUITE 100
ODESSA, FL 33556
PRIMARY EMAIL; FC-ISPC@THEISPC.COM
SECONDARY EMAIL: MDGLAW@THEISPC.COM
BLANK ROME, LLP
DANIEL S. HURTES
ATTORNEY FOR U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE CBASS MORTGAGE
LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-SL1
C/O BLANK ROME, LLP
500 E. BROWARD BLVD., SUITE 2100
FT LAUDERDALE, FL 33394
PRIMARY EMAIL: DHURTES@BLANKROME.COM
SECONDARY EMAIL: BRFLESERVICE@BLANKROME.COM
MARTIN LAW GROUP, P.L.
ANTONIO G. MARTIN
ATTORNEY FOR ANTONIO G. MARTIN, ESQ, AS TRUSTEE OF THE DERRICK DRIVE LAND TRUST
#6826 DATED AUGUST 1, 2017
C/O MARTIN LAW GROUP, P.L.
1420 CELEBRATION BLVD SUITE 200
CELEBRATION, FL 34747
PRIMARY EMAIL: INF (O@CALLMARTINLAWGROUP.COM
MARTIN LAW GROUP, P.L.
ANTONIO G. MARTIN
ATTORNEY FOR UNKNOWN SUCCESSOR TRUSTEE OF THE DERRICK DRIVE LAND TRUST #6826
DATED AUGUST 1, 2017
C/O MARTIN LAW GROUP, P.L.
1420 CELEBRATION BLVD SUITE 200
CELEBRATION, FL 34747
PRIMARY EMAIL: INFO@CALLMARTINLAWGROUP.COM
17-042242