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INSTRUMENT#: 2017179121, BK: 24926 PG: 1899 PGS: 1899 - 1904 05/10/2017 at
01:07:11 PM, DEPUTY CLERK:SSANDERS Pat Frank,Clerk of the Circuit Court
Hillsborough County
IN THE CIRCUIT COURT OF THE THIRTEENTH
JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH
COUNTY, FLORIDA
CASE NO.: 16-CA-004506
WELLS FARGO BANK, N.A.,
Plaintiff,
VS
DEREK W. EDGECOMB_ A/K/A
DEREK WILLIAM EDGECOMB
A/K/A DEREK EDGECOMB; APRIL
M EDGECOMB A/K/A APRIL
EDGECOMB A/K/A- APRIL G.
EDGECOMB; BANK OF AMERICA,
N.A.; UNKNOWN SPOUSE OF DEREK
W. EDGECOMB A/K/A DEREK
WILLIAM EDGECOMB A/K/A.
DEREK EDGECOMB; UNKNOWN
TENANT 1; UNKNOWN TENANT 2;
UNKNOWN TENANT 3; UNKNOWN
TENANT 4;
Defendant(s).
/
UNIFORM FINAL JUDGMENT OF FORECLOSURE
(Effective March 2, 2015)
THIS ACTION was heard before the Court at Non-Jury Trial on May 3, 2017. Based on
the evidence presented and being otherwise fully informed in the premises,
IT IS ADJUDGED that:
1. Plaintiffs Final Judgment is GRANTED. Service of process has been duly and regularly
obtained over DEREK W. EDGECOMB A/K/A DEREK WILLIAM EDGECOMB
A/K/A DEREK EDGECOMB; APRIL M. EDGECOMB A/K/A APRIL EDGECOMB
A/K/A APRIL G. EDGECOMB; BANK OF AMERICA, N.A.; defendants.
2. VALUE OF CLAIM: At the initiation of this action, in accordance with section
28.241(1)(a)2.b., Florida Statutes (effective for actions filed on and after June 1,
2009), Plaintiff estimated the amount in controversy of the claim to be $66,102.04 In
accordance with 28.241(1)(a)2.c., Florida Statutes, the court identifies the actual
value of the claim to be $81,580.69. For any difference between the estimated
amount in controversy and the actual value of the claim that requires the filing fee
needs to be adjusted, the clerk shall adjust the filing fee. In determining whether the
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filing fee needs to be adjusted, the following graduated filing fee scale in section
28.241(1)(a)2.d., Florida Statutes, controls:
$400 Value of claim less than or equal to $50,000 with 5 defendants or less
$905 Value of claim greater than $50,000 but less than $250,000 with 5
defendants or less
$1,905 _| Value of claim $250,000 or greater with 5 defendants or less
If an excess filing fee was paid, the clerk shall provide a refund of the excess fee. If
an additional filing fee is owed, the Plaintiff shall pay the additional fee prior to the
judicial sale. If any additional filing fee owed is not paid prior to the judicial sale,
the clerk shall cancel the judicial sale without further order of the court.
. Amounts Due. There is due and owing to the Plaintiff the following:
Principal $65,172.54
Interest from 11/01/2015 through 04/11/2017 $6,117.40
*Per diem interest in the amount of $11.61 will accrue on the principal from 4/11/2017
and thereafter in accordance with the Note.
Hazard Insurance Disbursements $755.35
Tax Disbursements $1,138.93
Attorney’s fees $5,600.00
$3,350.00 Flat Rate Fee on behalf of Plaintiff for the prosecution of this action.
$150.00 Additional Attorney Fees for the prosecution of this action
$2,100.00 Attorney hourly rate of $150.00 for 14 hours for the preparation and
attendance at the Non- Jury Trial scheduled for May 3, 2017.
Court costs $2,820.72
Limited Title Report $195.00
Additional Lis Pendens - Over 4 Defendants $4.00
Complaint Filing $905.00
Florida eFiling Service Fee $3.00
Lis Pendens $5.00
Complaint - Additional Cost per Defendant $7.50
Complaint - Issue Summons $80.00
Foreclosure Gap Update Title Search and Exam $75.00
Service of Process 7/1/16 $294.90
Service of Process 7/8/16 $1,095.00
Publication for Service $155.00
First Class Mail $1.32
TOTAL $81,604.94
LESS: Credits to Borrower ($24.25)
TOTAL $81,580.69
Interest, The total sum referenced in Paragraph 3 shall bear interest from this date
forward at the prevailing legal rate of interest.
. Lien of Property. Plaintiff, whose address is Post Office Box 14506, Des Moines, IA
50328, , , holds a lien for the total sum specified in Paragraph 3 herein. The lien of the
Plaintiff is superior in dignity to any right, title, interest or claim of the defendants and all
persons, corporations, or other entities claiming by, through, or under the defendants or
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any of them and the property will be sold free and clear of all claims of the defendants,
with the exception of any assessments that are superior pursuant to sections 718.116 or
720.3085, Florida Statutes. The Plaintiffs lien encumbers the subject property located in
Hillsborough County, Florida and described as:
LOTS 32 AND 33, BLOCK 16 OF CASA LOMA SUBDIVISION, ACCORDING
TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PAGE
14, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA
Property Address: 8907 N. DEXTER AVE NORTH, TAMPA, FL 33604-1307
6. Sale of Property. If the total sum with interest at the rate described in Paragraph 4 and
all costs accrued subsequent to the Judgment are not paid, the Clerk of the Court shall sell
the subject property to the highest bidder for cash at public sale on the _6 day of _JUNE,
2017, at 10:00 A.M. after having first given notice as required by Section 45.031, Florida
Statutes. The judicial sale will be conducted electronically online at the following
website: http://www.hillsborough realforeclose.com. At least three (3) days prior to the
sale, Plaintiff must pay the costs associated with the Notice of Publication. The party or
their attorney shall be responsible for preparing, in accordance with section 45.031(2),
Florida Statutes, and submitting the Notice of Sale to a legal publication. The original
Notice of Sale and Proof of Publication must be filed with the Clerk of the Circuit Court
at least 24 hours prior to the scheduled sale date
7. Costs. Plaintiff shall advance all subsequent required costs of this action and shall be
reimbursed for them by the Clerk if Plaintiff is not the purchaser of the property for sale
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. /fa third party bidder is the purchaser, the third party bidder must
pay the documentary stamps attached to the Certificate of Title in addition to the bid. The
purchaser of the property shall be required to pay the electronic sales fee assessed in
accordance with section 45.035(3), Florida Statutes. Zhe Clerk will not issue the
Certificate of Title if the electronic sale fee is not paid.
8. Additional Expenses. If Plaintiff incurs additional expenses subsequent to the entry of
this final judgment but prior to the sale date specified in Paragraph 6 herein, Plaintiff
may, by written motion served on all parties, seek to amend this final judgment to include
said additional expenses.
9. 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 the Plaintiff's
costs; second, documentary stamps affixed to the Certificate, unless the property is
purchased by a third party bidder, third, Plaintiff's attorneys’ fees; fourth, the total sum
due to Plaintiff, less the items paid, plus interest at the rate prescribed in Paragraph 4
from this date to the date of the sale; and by retaining any remaining amount pending
further Order of this Court.
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10. Right_of Possession _/ Right of Redemption. On filing of the Certificate of Title,
Defendant and all persons claiming under or against Defendant since the filing of the
Notice of Lis Pendens shall be foreclosed of all estate or claim in the property, except as
to claims or rights under chapter 718 or chapter 720, Florida Statutes, if any. Upon filing
of the Certificate of Title, the person named in the Certificate of Title shall be let into
possession of the property. On filing of the Certificate of Sale, Defendant’s right of
redemption as proscribed by Florida Statutes, Section 45.0315 shall be terminated.
11. Attorneys’ Fees. The Court finds, based upon the affidavits presented and upon inquiry
of counsel for the Plaintiff, that __14 hours were reasonably expended by Plaintiff's
counsel and that an hourly rate of $150.00 _is appropriate. PLAINTIFF’S COUNSEL
CERTIFIES THAT THE ATTORNEY FEE AWARDED DOES NOT EXCEED ITS
CONTRACT FEE WITH THE PLAINTIFF. The Court finds that there are no reduction
or enhancements factors for consideration by the Court pursuant to Florida Patient’s
Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985)
AND
The requested attorney’s fee of $3.500.00 is a flat rate fee that the firm’s client has agreed
to pay in this matter. Given the amount of fee requested and the labor expended, the
Court finds that a lodestar analysis is not necessary and that the flat fee is reasonable.
12. In accordance with Florida Statutes, Section 45.031:
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 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
ATTORNEY WHO IS NOT RELATED TO THE PERSON OFFERING TO HELP YOU,
TO MAKE SURE THAT YOU UNDERSTAND WHAT YOU ARE SIGNING AND THAT
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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, 2%” 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 A LOCAL BAR REFERRAL AGENCY R
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.
13. Assignment. The Plaintiff may assign the Judgment and credit bid by the filing of an
assignment prior to the issuance of the Certificate of Title without further order of the
court.
14. Jurisdiction Retained, The Court retains jurisdiction of this action to enter further orders
that are proper, including, without limitation, orders authorizing writs of possession and
an award of attorney’s fees, and to enter deficiency judgments if the borrower has not
been discharged in bankruptcy, and to enforce the adequate protection ordered, if
applicable.
IT IS ORDERED in Hillsborough County, Florida on Mav 3" 2017
16-CA-004506 5/3/2017 3:26:29 PM
Circuit Court Judge
Copies Furnished to:
ALDRIDGE | PITE, LLP
Attorney for Plaintiff
1615 South Congress Avenue, Suite 200
Delray Beach, FL 33445
Primary E-Mail: ServiceMail@aldridgepite.com
Derek W. Edgecomb A/K/A Derek William Edgecomb A/K/A Derek Edgecomb
1209 Cumberland Ave, Unit 705
Tampa, FL 33602
April M. Edgecomb A/K/A April Edgecomb A/K/A April G. Edgecomb
8907 North Dexter Avenue North,
Tampa, FL 33604-1307
Bank Of America, N.A.
100 N Tryon St
Charlotte, NC 28202
PAT FRANK
Clerk of Court
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By:
Deputy Clerk
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