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  • US BANK NATIONAL ASSOCIATION vs.AGOSTO, RAFAEL et al. 3 document preview
  • US BANK NATIONAL ASSOCIATION vs.AGOSTO, RAFAEL et al. 3 document preview
  • US BANK NATIONAL ASSOCIATION vs.AGOSTO, RAFAEL et al. 3 document preview
  • US BANK NATIONAL ASSOCIATION vs.AGOSTO, RAFAEL et al. 3 document preview
  • US BANK NATIONAL ASSOCIATION vs.AGOSTO, RAFAEL et al. 3 document preview
  • US BANK NATIONAL ASSOCIATION vs.AGOSTO, RAFAEL et al. 3 document preview
  • US BANK NATIONAL ASSOCIATION vs.AGOSTO, RAFAEL et al. 3 document preview
  • US BANK NATIONAL ASSOCIATION vs.AGOSTO, RAFAEL et al. 3 document preview
						
                                

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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