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INSTRUMENT#: 2019458720, BK: 27054 PG: 364 PGS: 364 - 368 10/23/2019 at
02:12:36 PM, DEPUTY CLERK: YTORRES Pat Frank,Clerk of the Circuit Court
Hillsborough County
IN THE CIRCUIT COURT OF THE
THIRTEENTH JUDICIAL CIRCUIT IN AND
FOR HILLSBOROUGH, FLORIDA
SERENO OF HILLSBOROUGH COUNTY
HOMEOWNERS ASSOCIATION, INC.,
Plaintiff,
vs. CASE NO.: 2018-CA-10927 DIV R
DANYELL J. ALFORD, et. al., |
Defendants. '
/
FINAL JUDGMENT OF FORECLOSURE
THIS CAUSE came before the Court on O (Ader s , 2019 on
PLAINTIFF’S MOTION FOR ENTRY OF FINAL JUDGMENT OF FORECLOSURE UPON
DEFAULT OF SETTLEMENT AGREEMENT dated October 2, 2019, and the Court having been
duly advised as to the merits of this cause, including a review of the Affidavits attached to Plaintiff's
Motion, the Court finds that there are no genuine issues of material fact and that the Plaintiff is entitled
to a FINAL JUDGMENT as a matter of law. Therefore, it is
ORDERED AND ADJUDGED AS FOLLOWS:
1. The Court finds that $2,250.00 is a reasonable attorney fee based on the time and effort
expended in collecting unpaid assessments from Defendant. Plaintiff is therefore due the amount of |
$2,250.00 from the Defendants as reasonable attorney fees.
2. The Court finds, based upon the affidavits filed herein, inquiry of counsel for Plaintiff, |
and upon consideration of the legal services rendered, the complexity of the foreclosure action, the
amount of time and labor reasonably expended by lawyers in the community prosecuting routine lien
foreclosure actions is reasonable and awards a fee of $2,250.00.
3. Plaintiff, SERENO OF HILLSBOROUGH COUNTY HOMEOWNERS
ASSOCIATION, INC., is due from the Defendants,Bk 27054 Pg 365
Assessments 01/01/2018 — 10/01/2019 $1,040.00
Interest @ 18% 01/01/2018 - 10/02/2019 $102.08
Late Charges $175.00
Administrative Fees $580.00
Taxable Costs $848.45
Additional Attorney Fees $2,250.00
Publication Fee $180.00
Sale Fees $140.00
Less: Payments made by Defendant ($3,838.45)
Total Final Judgment $1,477.08
for a TOTAL JUDGMENT AMOUNT DUE PLAINTIFF from the Defendant of $1,477.08.
Additionally, the total sum due Plaintiff shall include publication of Notice of Sale costs and interest
at the legal rate per annum in accordance with Section 55.03, Fla. Stat., as well as any additional
assessments which may come due between the date of this Final Judgment and the actual Sale of the
subject property.
4. The Court further finds that Plaintiff holds a lien for the total sum superior to any claim
or estate of the Defendant on the following described property in Hillsborough County, Florida:
Lot 12, in Block 4, of DG FARMS PHASE 28, according to the plat thereof, as recorded in Plat Book 124, Page
4145, of the Public Records of Hillsborough County, Florida.
5. From the Affidavits in the file and the uncontested allegations of the Complaint, the
legal description of the property is as shown hereinabove.
6. If the total sum set forth in paragraph 3 of this Order, with interest at the rate prescribed
by law and all costs of this action accruing subsequent to this Judgment, is not paid, the Clerk of the
Court shall sell the property at public sale ont Cebey \v , 2019, at 10:00 a.m., to the
highest bidder for cash = except’ «for as_— set forth hereinafter, at
http://www.hillsborough.realforeclose.com, in accordance with Section 45.031, Fla. Stat.
7. The said sale shall not take place unless a representative of the Plaintiff is present. IfBk 27054 Pg 366
there is no representative, then the sale shall be canceled by the Clerk and the Plaintiff's attorney shall
secure a new sale date. If a sale shall take place without a representative of the Plaintiff present, it
shall be null and void and no documents shall be issued by the Clerk, except to inform this Court of
what may have occurred.
8. Ifsaid real property shall sell for more than enough to pay Plaintiff all sums due it, then
the Clerk shall report any surplus proceeds to this Court. The Clerk of the Court shall hold the surplus
in the Registry of this Court. Thereafter, upon motion and notice of hearing to all parties, even those
defaulted, the Court will adjudicate the rights thereto according to law and equity. General Bank v.
Westbrook Pointe, Inc., 548 So.2d 736 (Fla. 3rd DCA 1989).
9. The right of redemption of any Defendant other than the United States of America is
terminated upon the issuance of the Certificate of Sale by the Clerk of the Court pursuant to the
provision of Section 45.031, Fla. Stat.
10. _ Ifno objections to said sale are filed in this proceeding within ten days from the filing
of the Certificate of Sale, the Clerk shall forthwith complete and file a Certificate of Title as prescribed
by law, after which the sale of the real estate shall stand confirmed as certified by the Clerk.
11. On filing the Certificate of Title, the Clerk shall distribute the procceds 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 attorney's fees; fourth, the total sum due to Plaintiff less the items
paid plus interest at the rate prescribed by law from this date to the date of the sale; and by retaining
any remaining amount pending the further Order of this Court.
12. 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 at the sale. Purchaser shall pay for
documentary stamps to be affixed to the Certificate of Title. If Plaintiff is the purchaser, the Clerk
shall credit Plaintiffs 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.Bk 27054 Pg 367
13. On filing the Certificate of Title, the Defendant and all persons claiming under or
against them since the filing of the Notice of Lis Pendens are foreclosed of all estate or claim in the
property and the purchaser at the sale shall be let into possession of the property.
14. The Clerk, upon the request of the purchaser at foreclosure sale, shall issue a Writ of
Possession of the property to accomplish possession by purchaser without further order of the court.
15. Plaintiff's/Lienholder’s address is: SERENO OF HILLSBOROUGH COUNTY
HOMEOWNERS ASSOCIATION, INC., c/o Artemis Lifestyle Services, Inc., 1631 East Vine Street,
Suite 300, Kissimmee, FL 34744.
16. Jurisdiction of this action is retained to enter further orders that are proper including,
without limitation, a supplemental complaint to add an omitted party or remedy other defects post-
judgment, an order determining the amount of assessments owed to any condominium or homeowners
association, and the entry of a deficiency judgment, if Plaintiff is not limited to in rem stay relief in an
active bankruptcy case and/or if borrower(s) has not been discharged in bankruptcy or constructively
served, together with additional attorney's fees, if appropriate.
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 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.
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 813-276-8100 EXT. 4733 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 ATTORNEYBk 27054 Pg 368
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 BAY AREA LEGAL SERVICES, 829 W. DR. MARTIN LUTHER
KING BOULEVARD, 2ND FLOOR, TAMPA, FLORIDA, 33603-3336, TELEPHONE
NUMBER, 813-232-1343, TO SEE IF YOU QUALIFY FINANCIALLY FOR THEIR
SERVICES. IF THEY CANNOT ASSIST YOU, THEY MAY BE ABLE TO REFER YOU TO
ALOCAL BAR REFERRAL AGENCY OR SUGGEST OTHER OPTIONS. IF YOU CHOOSE
TO CONTACT THE HILLSBOROUGH COUNTY BAR ASSOCIATION REFERRAL
SERVICE AT 813-221-7780 FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS
POSSIBLE AFTER RECEIPT OF THIS NOTICE.
©
ORDERED at the Courthouse in Tampa, Hillsborough County, Florida on this gt day of
aly Vf
Wesley D. Tibbals, Circuit Judge
Octeber 2019.
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that a copy of the foregoing FINAL JUDGMENT OF
FORECLOSURE has been furnished by hand delivery, e-service or U.S. Mail to: Laura M. Ballard,
Esquire, Arias Bosinger, PLLC, 140 North Westmonte Drive, Suite 203, Altamonte Springs, FL 32714;
Chastity Alford 5063 Ivory Stone Drive, Wimauma, Fl 98 and Danyell J. Alford, 5063 Ivory
Stone Drive, Wimauma, FL 33598 on this day of i ( hho” 2019.
+
mf
\
\ \acyulle bade
Fidiciaf Assistant or Attorney
|
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INSTRUMENT#: 2019458720, BK: 27054 PG: 364 PGS: 364 - 368 10/23/2019 at 02:12:36 PM, DEPUTY CLERK: YTORRES Pat Frank,Clerk of the Circuit Court Hillsborough County IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH, FLORIDA SERENO OF HILLSBOROUGH COUNTY HOMEOWNERS ASSOCIATION, INC., Plaintiff, vs. CASE NO.: 2018-CA-10927 DIV R DANYELL J. ALFORD, et. al., | Defendants. ' / FINAL JUDGMENT OF FORECLOSURE THIS CAUSE came before the Court on O (Ader s , 2019 on PLAINTIFF’S MOTION FOR ENTRY OF FINAL JUDGMENT OF FORECLOSURE UPON DEFAULT OF SETTLEMENT AGREEMENT dated October 2, 2019, and the Court having been duly advised as to the merits of this cause, including a review of the Affidavits attached to Plaintiff's Motion, the Court finds that there are no genuine issues of material fact and that the Plaintiff is entitled to a FINAL JUDGMENT as a matter of law. Therefore, it is ORDERED AND ADJUDGED AS FOLLOWS: 1. The Court finds that $2,250.00 is a reasonable attorney fee based on the time and effort expended in collecting unpaid assessments from Defendant. Plaintiff is therefore due the amount of | $2,250.00 from the Defendants as reasonable attorney fees. 2. The Court finds, based upon the affidavits filed herein, inquiry of counsel for Plaintiff, | and upon consideration of the legal services rendered, the complexity of the foreclosure action, the amount of time and labor reasonably expended by lawyers in the community prosecuting routine lien foreclosure actions is reasonable and awards a fee of $2,250.00. 3. Plaintiff, SERENO OF HILLSBOROUGH COUNTY HOMEOWNERS ASSOCIATION, INC., is due from the Defendants,Bk 27054 Pg 365 Assessments 01/01/2018 — 10/01/2019 $1,040.00 Interest @ 18% 01/01/2018 - 10/02/2019 $102.08 Late Charges $175.00 Administrative Fees $580.00 Taxable Costs $848.45 Additional Attorney Fees $2,250.00 Publication Fee $180.00 Sale Fees $140.00 Less: Payments made by Defendant ($3,838.45) Total Final Judgment $1,477.08 for a TOTAL JUDGMENT AMOUNT DUE PLAINTIFF from the Defendant of $1,477.08. Additionally, the total sum due Plaintiff shall include publication of Notice of Sale costs and interest at the legal rate per annum in accordance with Section 55.03, Fla. Stat., as well as any additional assessments which may come due between the date of this Final Judgment and the actual Sale of the subject property. 4. The Court further finds that Plaintiff holds a lien for the total sum superior to any claim or estate of the Defendant on the following described property in Hillsborough County, Florida: Lot 12, in Block 4, of DG FARMS PHASE 28, according to the plat thereof, as recorded in Plat Book 124, Page 4145, of the Public Records of Hillsborough County, Florida. 5. From the Affidavits in the file and the uncontested allegations of the Complaint, the legal description of the property is as shown hereinabove. 6. If the total sum set forth in paragraph 3 of this Order, with interest at the rate prescribed by law and all costs of this action accruing subsequent to this Judgment, is not paid, the Clerk of the Court shall sell the property at public sale ont Cebey \v , 2019, at 10:00 a.m., to the highest bidder for cash = except’ «for as_— set forth hereinafter, at http://www.hillsborough.realforeclose.com, in accordance with Section 45.031, Fla. Stat. 7. The said sale shall not take place unless a representative of the Plaintiff is present. IfBk 27054 Pg 366 there is no representative, then the sale shall be canceled by the Clerk and the Plaintiff's attorney shall secure a new sale date. If a sale shall take place without a representative of the Plaintiff present, it shall be null and void and no documents shall be issued by the Clerk, except to inform this Court of what may have occurred. 8. Ifsaid real property shall sell for more than enough to pay Plaintiff all sums due it, then the Clerk shall report any surplus proceeds to this Court. The Clerk of the Court shall hold the surplus in the Registry of this Court. Thereafter, upon motion and notice of hearing to all parties, even those defaulted, the Court will adjudicate the rights thereto according to law and equity. General Bank v. Westbrook Pointe, Inc., 548 So.2d 736 (Fla. 3rd DCA 1989). 9. The right of redemption of any Defendant other than the United States of America is terminated upon the issuance of the Certificate of Sale by the Clerk of the Court pursuant to the provision of Section 45.031, Fla. Stat. 10. _ Ifno objections to said sale are filed in this proceeding within ten days from the filing of the Certificate of Sale, the Clerk shall forthwith complete and file a Certificate of Title as prescribed by law, after which the sale of the real estate shall stand confirmed as certified by the Clerk. 11. On filing the Certificate of Title, the Clerk shall distribute the procceds 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 attorney's fees; fourth, the total sum due to Plaintiff less the items paid plus interest at the rate prescribed by law from this date to the date of the sale; and by retaining any remaining amount pending the further Order of this Court. 12. 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 at the sale. Purchaser shall pay for documentary stamps to be affixed to the Certificate of Title. If Plaintiff is the purchaser, the Clerk shall credit Plaintiffs 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.Bk 27054 Pg 367 13. On filing the Certificate of Title, the Defendant and all persons claiming under or against them since the filing of the Notice of Lis Pendens are foreclosed of all estate or claim in the property and the purchaser at the sale shall be let into possession of the property. 14. The Clerk, upon the request of the purchaser at foreclosure sale, shall issue a Writ of Possession of the property to accomplish possession by purchaser without further order of the court. 15. Plaintiff's/Lienholder’s address is: SERENO OF HILLSBOROUGH COUNTY HOMEOWNERS ASSOCIATION, INC., c/o Artemis Lifestyle Services, Inc., 1631 East Vine Street, Suite 300, Kissimmee, FL 34744. 16. Jurisdiction of this action is retained to enter further orders that are proper including, without limitation, a supplemental complaint to add an omitted party or remedy other defects post- judgment, an order determining the amount of assessments owed to any condominium or homeowners association, and the entry of a deficiency judgment, if Plaintiff is not limited to in rem stay relief in an active bankruptcy case and/or if borrower(s) has not been discharged in bankruptcy or constructively served, together with additional attorney's fees, if appropriate. 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 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. 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 813-276-8100 EXT. 4733 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 ATTORNEYBk 27054 Pg 368 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 BAY AREA LEGAL SERVICES, 829 W. DR. MARTIN LUTHER KING BOULEVARD, 2ND FLOOR, TAMPA, FLORIDA, 33603-3336, TELEPHONE NUMBER, 813-232-1343, TO SEE IF YOU QUALIFY FINANCIALLY FOR THEIR SERVICES. IF THEY CANNOT ASSIST YOU, THEY MAY BE ABLE TO REFER YOU TO ALOCAL BAR REFERRAL AGENCY OR SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO CONTACT THE HILLSBOROUGH COUNTY BAR ASSOCIATION REFERRAL SERVICE AT 813-221-7780 FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE. © ORDERED at the Courthouse in Tampa, Hillsborough County, Florida on this gt day of aly Vf Wesley D. Tibbals, Circuit Judge Octeber 2019. CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a copy of the foregoing FINAL JUDGMENT OF FORECLOSURE has been furnished by hand delivery, e-service or U.S. Mail to: Laura M. Ballard, Esquire, Arias Bosinger, PLLC, 140 North Westmonte Drive, Suite 203, Altamonte Springs, FL 32714; Chastity Alford 5063 Ivory Stone Drive, Wimauma, Fl 98 and Danyell J. Alford, 5063 Ivory Stone Drive, Wimauma, FL 33598 on this day of i ( hho” 2019. + mf \ \ \acyulle bade Fidiciaf Assistant or Attorney | U