On March 28, 2008 a
Motion,Ex Parte
was filed
involving a dispute between
Washington Mutual Bank,
and
Cabrera, Ricardo,
Unknown Spouse Of Ricardo Cabrera,
Unknown Tenant #1,
Unknown Tenant #2,
for MORTGAGE FORECLOSURE - CIRCUIT (SOUTH COUNTY)
in the District Court of Sarasota County.
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IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL
CIRCUIT OF FLORIDA IN AND FOR SARASOTA COUNTY
CASE NO, 58-2008-CA-004983
WASHINGTON MUTUAL BANK,
Plaintiff, .
VS, MOTION FOR SUMMARY FINAL
JUDGMENT OF FORECLOSURE
RICARDO CABRERA et. al.
Defendants.
Pfaintiff, WASHINGTON MUTUAL BANK, moves ihe Court for entry of a Summary Final Judgment of
Foreclosure Including an award of attorney's fees to Plaintiff on the grounds that there are no issues of material fact and
Plaintiff is entitled to such a Final Judgment as a matter of law. The substantial maiter of law to be argued is the priority
of the fien of Plaintiffs mortgage over the interest of all other defendants in the real property encumbered by said
mortgage and Piaintiffs entitlement to an award of atiomeys fees.
In support of this motion Plaintiff shows the Court:
1, The provisions of the nofe and mortgage being sued upon in this action confer upon Plaintiff the right
io accelerate all sums due thereunder upen the default thereof, and the right to foreclose all interests In the encumbered
property which are inferior to the lien of said mortgage. Hubbard v. Highland Realty & Inv. Co. 156 So. 322 (Fla. 1934};
Campbell v. Werner 232 So.2d 252 (Fla. 3d DCA 1970). The provisions of said note and mortgage also provide for an
award of attorneys fees to Plaintiff in fhe event of the fillng of an action fer foreclosure.
2, The pleadings and exhibits filed herein, as well as Plaintiffs affidavit in support hereof, establish
that the mortgage fs fn default and that Piaintiffs mortgage Is a purchase money mortgage or was recorded prior to
the recording of the instruments creating the Hens In favor of those Defendants who claim an interest in the real
property encumbered by the mortgage. Therefore, any such interest which may be vested in the aforesaid
Defendants is subordinate and Inferior to the i of Plaintiffs morigage. Sarmiento v. Stockton, Whatley, Davin &
Co. Inc, $99 So.2d 1057 (Fla. 3d DCA United States v First Federal Savings and loan Association of St.
Petersburg, 4155 So.2d 192 (Filia. 2d DCA 1963).
WHEREFORE, Plaintiff moves this court to enter Summary Final Judgment for the Plaintiff together with attorney's
fees and cosis In accordance with the terms of the mortgage and for such further relief as the court deems just and
necessary.
[| HEREBY CERTIFY that a true copy of Opel” foregoingynotion tog vos mn Plaintiffs affidavit in support thereof
was mailed to the attached mailing list ie ee day of
Ben-Ezra & Katz, ?.A.
Aitoreys for Plaintiff
2901 Stirling ae Suits
JONA TELL IE §. feIST
aL
PL BAS HO, 29235
This is an attempt fo collect a debt and any information obtained Will be used for that purpose.
Ourfile 31292 [ Ihr
N-idocstichMSUSPKG.DOC
0755974185
WASHINGTON MUTUAL BANK v. RICARDO CABRERA
Case No. §8-2008-CA-004863
Page 4 of 25
Filed for Record 02/17/2009 11:12 AM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2008 CA 004963 SC Dkt-71991637 Page 1 of 1
Document Filed Date
February 17, 2009
Case Filing Date
March 28, 2008
Category
MORTGAGE FORECLOSURE - CIRCUIT (SOUTH COUNTY)
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IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR SARASOTA COUNTY CASE NO, 58-2008-CA-004983 WASHINGTON MUTUAL BANK, Plaintiff, . VS, MOTION FOR SUMMARY FINAL JUDGMENT OF FORECLOSURE RICARDO CABRERA et. al. Defendants. Pfaintiff, WASHINGTON MUTUAL BANK, moves ihe Court for entry of a Summary Final Judgment of Foreclosure Including an award of attorney's fees to Plaintiff on the grounds that there are no issues of material fact and Plaintiff is entitled to such a Final Judgment as a matter of law. The substantial maiter of law to be argued is the priority of the fien of Plaintiffs mortgage over the interest of all other defendants in the real property encumbered by said mortgage and Piaintiffs entitlement to an award of atiomeys fees. In support of this motion Plaintiff shows the Court: 1, The provisions of the nofe and mortgage being sued upon in this action confer upon Plaintiff the right io accelerate all sums due thereunder upen the default thereof, and the right to foreclose all interests In the encumbered property which are inferior to the lien of said mortgage. Hubbard v. Highland Realty & Inv. Co. 156 So. 322 (Fla. 1934}; Campbell v. Werner 232 So.2d 252 (Fla. 3d DCA 1970). The provisions of said note and mortgage also provide for an award of attorneys fees to Plaintiff in fhe event of the fillng of an action fer foreclosure. 2, The pleadings and exhibits filed herein, as well as Plaintiffs affidavit in support hereof, establish that the mortgage fs fn default and that Piaintiffs mortgage Is a purchase money mortgage or was recorded prior to the recording of the instruments creating the Hens In favor of those Defendants who claim an interest in the real property encumbered by the mortgage. Therefore, any such interest which may be vested in the aforesaid Defendants is subordinate and Inferior to the i of Plaintiffs morigage. Sarmiento v. Stockton, Whatley, Davin & Co. Inc, $99 So.2d 1057 (Fla. 3d DCA United States v First Federal Savings and loan Association of St. Petersburg, 4155 So.2d 192 (Filia. 2d DCA 1963). WHEREFORE, Plaintiff moves this court to enter Summary Final Judgment for the Plaintiff together with attorney's fees and cosis In accordance with the terms of the mortgage and for such further relief as the court deems just and necessary. [| HEREBY CERTIFY that a true copy of Opel” foregoingynotion tog vos mn Plaintiffs affidavit in support thereof was mailed to the attached mailing list ie ee day of Ben-Ezra & Katz, ?.A. Aitoreys for Plaintiff 2901 Stirling ae Suits JONA TELL IE §. feIST aL PL BAS HO, 29235 This is an attempt fo collect a debt and any information obtained Will be used for that purpose. Ourfile 31292 [ Ihr N-idocstichMSUSPKG.DOC 0755974185 WASHINGTON MUTUAL BANK v. RICARDO CABRERA Case No. §8-2008-CA-004863 Page 4 of 25 Filed for Record 02/17/2009 11:12 AM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2008 CA 004963 SC Dkt-71991637 Page 1 of 1