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  • GRIMES, ROBERT E vs SHULER, TERRY HAYWARD MORTGAGE FORECLOSURE NON-HOMESTEAD RESIDENTIAL MORE THAN $50,000 BUT LESS THAN $250,000 document preview
  • GRIMES, ROBERT E vs SHULER, TERRY HAYWARD MORTGAGE FORECLOSURE NON-HOMESTEAD RESIDENTIAL MORE THAN $50,000 BUT LESS THAN $250,000 document preview
  • GRIMES, ROBERT E vs SHULER, TERRY HAYWARD MORTGAGE FORECLOSURE NON-HOMESTEAD RESIDENTIAL MORE THAN $50,000 BUT LESS THAN $250,000 document preview
  • GRIMES, ROBERT E vs SHULER, TERRY HAYWARD MORTGAGE FORECLOSURE NON-HOMESTEAD RESIDENTIAL MORE THAN $50,000 BUT LESS THAN $250,000 document preview
  • GRIMES, ROBERT E vs SHULER, TERRY HAYWARD MORTGAGE FORECLOSURE NON-HOMESTEAD RESIDENTIAL MORE THAN $50,000 BUT LESS THAN $250,000 document preview
  • GRIMES, ROBERT E vs SHULER, TERRY HAYWARD MORTGAGE FORECLOSURE NON-HOMESTEAD RESIDENTIAL MORE THAN $50,000 BUT LESS THAN $250,000 document preview
  • GRIMES, ROBERT E vs SHULER, TERRY HAYWARD MORTGAGE FORECLOSURE NON-HOMESTEAD RESIDENTIAL MORE THAN $50,000 BUT LESS THAN $250,000 document preview
  • GRIMES, ROBERT E vs SHULER, TERRY HAYWARD MORTGAGE FORECLOSURE NON-HOMESTEAD RESIDENTIAL MORE THAN $50,000 BUT LESS THAN $250,000 document preview
						
                                

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Filing # 140233026 E-Filed 12/13/2021 11:08:59 AM IN THE CIRCUIT COURT, SECOND JUDICIAL CIRCUIT, IN AND FOR LEON COUNTY, FLORIDA ROBERT E GRIMES, CAROLYN E GRIMES Plaintiffs CASE NO, 2021 CA 001244 v. TERRY HAYWARD SHULER; THE UNKNOWN SPOUSE OF TERRY HAYWARD SHULER; UNKNOWN TENANT 1; UNKNOWN TENANT 2; AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH OR UNDER ANY DEFENDANTS NAMED HEREIN Defendants A 2 E S STATE OF FLORIDA COUNTY OF LEON On this day personally appeared before me, the undersigned authority, ROBERT E. GRIMES and CAROLYN E. GRIMES who being first duly sworn depose and say: 1 They are the Plaintiffs in the above-captioned matter and as such are authorized to make this affidavit. 2. The statements made herein are made upon their own personal knowledge. 3 Plaintiffs are the owners and holders of the Note and Mortgage (Loan Documents) described in the Complaint, which are the subject of this action, and were entitled to enforce the Loan Documents prior to the Note being lost as described in an Affidavit of Lost Note filed in this matter. 4. The aforesaid Loan Documents are in default by reason, among other things, of the failure of the Defendant to make timely payments as required by the Loan Documents, which sum has not been paid as of the date of this Affidavit. 5 Plaintiffs have retained attorney Henry Lee Miller, Jr. (‘Attorney’) to represent them in this action and are obligated to pay Attorney a reasonable fee for services rendered in this lawsuit. 6 Defendant owes the Plaintiffs the following amounts: Principal due on the Note and Mortgage as of October 15, 2021 $40,762.18 Default Interest due on the Note and Mortgage as of October 15, 2021 $9,581.90 (715 days @ $13.40 per diem at default rate of 12%) Late charges due on the Note and Mortgage as of October 15, 2021 $0.00 TOTAL AMOUNT DUE ON NOTE AND MORTGAGE $50,344.08 Plus Interest after October 15, 2021, at the rate of $13.40 per day COSTS $769.72 Filing Fee-Foreclosure (FS 28.241) $400.00 Lis Pendens Fee (FS 28.24) $9.00 Title Search Fee $250.00 Service Fee Nolan Process (2) $55.00 Summons (4) (FS 28.241) $40.00 Convenience fees for online filing $15.72 Attorney’s Fee (Flat Fee) $3,500.00 TOTAL COSTS UNDER LOAN DOCUMENTS $4,269.72 TOTAL INDEBTEDNESS $54,613.80 FURTHER AFFIANTS SAYETH NAUGHT. flags BY. ROBERT E GRIMES, PLAINTIFF State of Florida County of Leon The foregoing instrument was sworn to and acknowledged before me this 267 oraday of Dede ber , 2021 by Robert E Grimes. Such person: ( is personally: known to me sre! Pf ySiorihg P1e-8) () produced a current Florida driver license as identification () produced as identification c) JAMES EUGENE KELLEY, JR. sommission # GG 351478 Kae, () -apires July 12, 2023 Nowy ee) gt Florida ‘Bonded Thw 19 } J, ( ple Hoe ~ Sow: TP E GRIMES, PLAINTIFE State of Florida County of Leon ore bee _&efobin (yy 0) g instrument was sworn to and acknowledged before me this¢ Ab ; 2021 by Carolyn E Grimes. Such person: is personally’ known to me ad ply Sietlhy Pitesee’T Ab" fay of () produced a current Florida driver license as identification () produced. as identification JAMES EUGENE KELLEY, JR, Qe: “9 Le ey i a #G6Gm Nofary Publ “Sate of Florida. Sieg anFain Troy a inswranca 800-385-1019 TN THE CIRCUIT COURT, SECOND JUDICIAL CIRCUIT, IN AND FOR LEON COUNTY, FLORIDA ROBERT E GRIMES, CAROLYN E GRIMES Plaintiffs CASE NO. 2021 CA 001244 v. TERRY HAYWARD SHULER; THE UNKNOWN SPOUSE OF TERRY HAYWARD SHULER; UNKNOWN TENANT 1; UNKNOWN TENANT 2; AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH OR UNDER ANY DEFENDANTS NAMED HEREIN Defendants / AFFIDAVIT OF ATTORNEY’S FEES STATE OF FLORIDA ) COUNTY OF LEON ) BEFORE ME, the undersigned authority, this day personally appeared Jeffrey H. Savlov, Esq., who, after being first duly sworn on oath, deposes and says: 1 Affiant is a practicing attorney at law in the Second Judicial Circuit of the state of Florida. Affiant has been practicing law since [ 15 . 3 Affiant is familiar with the fees ordinarily charged and allowed in this circuit. 4 Affiant has examined the file and discussed the above-styled cause with counsel and, in Affiant’s opinion, a reasonable fee that should be allowed the attorney, Henry Lee Miller, Jr., in this cause is the sum of $3,500.00 (FLAT FEE) is a reasonable amount to have billed on this cause. 5 Affiant has considered and evaluated the eight factors set forth in Rule 4-1.5 of the Rules Regulating the Florida Bar. 6 Affiant has considered those factors that merit a reduction or enhancement of the attorney's fees in this case, if any 7. All factors considered, Affiant is of the opinion that a reasonable attorney’s fee of $3,500.00 should be awarded to Henry Lee Miller, Jr. for his services in this cause FURTHER AFFIANT SAYETH NAUGHT LNT CA pet. Saviov pee at Law ten ELL afayette St., Suite 108 allahassee, FL 3230 (850) 222-3886 fax: (850) 2-17 jeff @flaeminentdomain.com STATE OF FLORIDA) COUNTY OF LEON ) SWORN TO and subscribed before me on this 10" day of December , 2021, by Jeffrey H. Savlov, who is @ personally known to me, or has produced Gv (AY WEVS Wer Vicente \iCens as identification. Gocbacoranc steny Public, State of Florida (Stamp Name, Commission # and Expiration below) BARBARA JEAN LANE Notary Public State of Florida Comm ission 4 HH 1880 a ‘My Comm. Expires Oct 18, 352025 Hed throuigh National Notary Assn, IN THE CIRCUIT COURT, SECOND JUDICIAL CIRCUIT, IN AND FOR LEON COUNTY, FLORIDA ROBERT E GRIMES, CAROLYN E GRIMES Plaintiffs CASE NO. 2021 CA 001244 v TERRY HAYWARD SHULER; THE UNKNOWN SPOUSE OF TERRY HAYWARD SHULER; UNKNOWN TENANT 1; UNKNOWN TENANT 2; AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH OR UNDER ANY DEFENDANTS NAMED HEREIN Defendants / AFFIDAVIT OF ATTORNEY AS TO ATTORNEY'S FEES AND COSTS STATE OF FLORIDA ) COUNTY OF LEON ) BEFORE ME, the undersigned authority, personally appeared Henry Lee Miller, Jr., the attorney for Plaintiff, Tampa Palms Financial Services, in the above-referenced action, who upon first being duly sworn, deposes and states: 1 He is the attorney for Plaintiff in the above-referenced action. 2 That time expended and fees charged, and time to be expended and fees to be charged, along with costs expended by Plaintiff's counsel in this matter are as itemized on the attached billing summary. 3 That the statements made herein are based on personal knowledge and not on mere information and belief Dated this 10" day of December 2021. {AFFIANT SIGNATURE AND NOTARY ACKNOWLEDGMENT ON FOLLOWING PAGE] FURTHER AFFIANT SAYETH NAUGHT, LM, HEN LEE MILLER, JR. Attorney at Law SWORN TO and subscribed before me on this 10" day of December, 202 by Henry Lee Miller Jr. Attorney at Law and attorney of record for ROBERT E GRIMES and CAROLYN E GRIMES {X] Personally Known [-] Produced Bacharatwe Gas Public. State of Flofida as identification (Stamp Name, Commission # and Expiration below} BARBARA JEAN LANE #) Notary Public - State of Florida Commission # HH 188035 Hy Comm. Expires Oct 18, 2025 Bonded through National Notary Assn, Henry Lee Miller de Attorne pat law 204 Falling Waters Way ¢fp illal S06, 32309 Phone @50 329 2480 = ge 29 a22 o * sg 52 oe 9g me ae nees fe a a -- Se SS 7. - :. ae= ne t “ ube a = cae oe a & a as ttO SH INSTRUCT NS Robert Grimes Additional Costs ifforeelosiin sale conducted Carolyn Rimes eees “2 =e 208 ws 2 . ne a os ei Filing and A jated Costs Grimes For nek aistare eel 2. i} S400.00 Filing Fee: o 5 reclosure Cirealt Ctvit Le $241) $9.00 Lis Pendens Fee Official Records fp 8.28. 2 a*) 3h3} $250.00 earch Fee aay &%$5 00 Sen ice ie Fee Jolan Proce f(2 2 } $40.00 Summons (4) 2B.241) 6) $15.72 Convenience fees for online filing Flat Pee ns 3 O88 Por Agreement for Services TOTALA COST Tt. co S ee Sat i hod IN THE CIRCUIT COURT, SECOND JUDICIAL CIRCUIT, IN AND FOR LEON COUNTY, FLORIDA ROBERT E GRIMES, CAROLYN E GRIMES Plaintiffs CASE NO, 2021 CA 001244 v TERRY HAYWARD SHULER; THE UNKNOWN SPOUSE OF TERRY HAYWARD SHULER; UNKNOWN TENANT 1; UNKNOWN TENANT 2; AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH OR UNDER ANY DEFENDANTS NAMED HEREIN Defendants / FFID. AS TO NON! L YY SERVI STATE OF FLORIDA ) COUNTY OF LEON ) On this day personally appeared before me, the undersigned authority, Henry Lee Miller, Jr., Attorney at Law, who being first duly sworn deposes and states: 1 Affiant is the attorney of record for Plaintiff in the above-captioned matter and is authorized to make this affidavit on its behalf. 2 The statements made herein are made upon his own personal knowledge. 3 To the best of Affiant’s knowledge and belief, Defendant, TERRY HAYWARD SHULER is and has been over the age of eighteen years at all times since the filing of this lawsuit. 4 To the best of Affiant’s knowledge and belief, the Defendant has not been on active duty with the military services of the United States of America since the filing of this lawsuit (see Military Status Report from Department of Defense Manpower Data Center, attached.) [AFFIANT SIGNATURE AND NOTARY ACKNOWLEDGMENT ON FOLLOWING PAGE] FURTHER AFFIANT SAYETH NAUGHT, HENRY L sE MILLER, al, JR Attorney at Law SWORN TO and subscribed before me on this 10" day of December, 2021, by Henry Lee Miller Attorney at Law and attorney of record for ROBERT E GRIMES and CAROLYN E GRIMES. {J Personally Known Produced Bacloccdene Notary Public, State of Florida as identification (Stamp Name, Commission # and Expiration below) ginny‘i Me BARBARA JEAN LANE Notary Public - State of Florida * t Ey Commission 4 HH 188035 Comm, Expires Oct 18, 2025 Bonded vbrough National Notary Assn Department of Defense Manpower Data Center osisis nb of Owe- 10.2084 pe SORASY QS Air j Status Report Pursuant to Servicemembers Civil Relief Act Ree SSN: Birth Date: Nov-XX-1963 Last Name: TERRY First Name: HAYWARD Middie Name: SHULER Status As Of: Dee-10-2021 Certificate ID: BBPOGWFGMHGBJ3C ‘Gn Astve Buty Oo Active uty Biatus Date ‘Active Duty Stan Date Activa Duty re Date Status Sonvice Component Na wa Ne we Thin 13a Palacis tho indivigusia! act ‘Buly iatus aaaeaon tea Action Duly 4 Date [nie tive Duty Vere S87 Days of Active Duty us Date fet Ga Bate Rts ly Ba Date ‘Status Sonics Component uA NA Ne nA This rpspann relects wnere tre tididdunt lat wotive duty eta ‘gunn 887 ays pres 9i ‘Bat Activa Ovry 5 Bate ‘Tha Mamber ar HiyHer Unk Was Notiied of a Future Cal-Up to Active Duty en Actva Duly Status Date ‘Seger Nat Sanaa Bree on Gre Sate ‘Status Bow amponest NA NA Ne ig * (incividual oF halhar una han recatvad early neieation°9 p09 aetve cay Upon searching the data banks of the Department of Delense Manpower Data Center. based on the information that you provided, the abow the Status of the individual an the active duty status date ag te all branch ‘of the Uniformed Serv iArmy, Navy, Mak 19. Corps, Air Foy NOAA, Pubt Health, and Coast Guard). This statu ides information en a Servicemamber or hisiher unit receiving note: fion ol ure orders to report for Active Duly. HOWEVER, WITHOUT A SOCIAL SECURITY NUMBER, THE DEPARTMENT OF DEFENSE MANPOWER DATA GENTER CANNOT AUTHORITATIVELY ASSEAT THAT THIS 1S THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO. NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. * fo Lmeribe Michael V. Sorrento, Director Deparment of Defense - Manpower Data Conter agg ing Ra. Seaside, CA 93955 The Defense Manpower Data Center (DMDC) is an organization of the Department of Datense (Dab) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. ‘The DoD strongly supports the enforcementof the Sevicemembers Civil Reliet Act (50 USC App. § 3901 at seq, as amended} (SCRA) (formerly known as the Soldiers’ and Sailors’ Civil Ralial Act of 1940). DMDC has issued hundreds of thousands of “dogs not possess any information indicating that the individual is currently on active duty’ responses, and has experienced only a small error rata. in the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service. Service contact information can be found on the SCRA website's FAQ page (035) via this URL: nttpsv//scra.dmdc.osd.mil/scra/éMags. if you have evidence the person was on active duty for the active duty status date and you fall to obtaln this additional Service verification, punitive provisions of tha SCRA may be invoked against you. See $0 USC App. § 3921{c). ‘This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual lett Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on “Active Duty Status” Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Priorto 2010 only some of the active duty periods less. than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the Prasident or the Secretary of Defense under 32 USC § $02(1) for purposesof responding to a national emergency deciared by the President and supported by Federal funds. All Active Guard Reserve (AGA) members must be assigned against an authorized mobilization position in the unit they support, This includes Navy Training and Administration of the Reserves (TARs), Marina Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs}. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some catagories of persons on active duty far purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Tite 14 active duty records tor ail the Uniformed Services periods. Titls 32 periods of Active Duty are not covered by SCRA, as dafined in accordance with 10 USC § 101{d){1}. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Parsons seaking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service, Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actuaily begun active duty or actually reported for induction, The Last Date on Active Duty entry is important because a numberof protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service mambers under the SCRA are protected WARNING: This certificate was provided based on a last name, SSNidate of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erronequs cerllficate to be provided.