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  • STATEBRIDGE COMPANY, LLC vs Edgecomb, Derek W Mortgage Foreclosure - NonHomestead -2- $50,000 - $249,999 document preview
  • STATEBRIDGE COMPANY, LLC vs Edgecomb, Derek W Mortgage Foreclosure - NonHomestead -2- $50,000 - $249,999 document preview
  • STATEBRIDGE COMPANY, LLC vs Edgecomb, Derek W Mortgage Foreclosure - NonHomestead -2- $50,000 - $249,999 document preview
  • STATEBRIDGE COMPANY, LLC vs Edgecomb, Derek W Mortgage Foreclosure - NonHomestead -2- $50,000 - $249,999 document preview
  • STATEBRIDGE COMPANY, LLC vs Edgecomb, Derek W Mortgage Foreclosure - NonHomestead -2- $50,000 - $249,999 document preview
  • STATEBRIDGE COMPANY, LLC vs Edgecomb, Derek W Mortgage Foreclosure - NonHomestead -2- $50,000 - $249,999 document preview
  • STATEBRIDGE COMPANY, LLC vs Edgecomb, Derek W Mortgage Foreclosure - NonHomestead -2- $50,000 - $249,999 document preview
  • STATEBRIDGE COMPANY, LLC vs Edgecomb, Derek W Mortgage Foreclosure - NonHomestead -2- $50,000 - $249,999 document preview
						
                                

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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 1113-752442B 16-CA-004506 05/03/2017 03:26:32 PM Electronically Filed: Hillsborough County/13th Judicial Circuit. Page 1Bk 24926 Pg 1900 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 1113-752442B 16-CA-004506 05/03/2017 03:26:32 PM Electronically Filed: Hillsborough County/13th Judicial Circuit. Page 2Bk 24926 Pg 1901 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. 1113-752442B 16-CA-004506 05/03/2017 03:26:32 PM Electronically Filed: Hillsborough County/13th Judicial Circuit. Page 3Bk 24926 Pg 1902 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 1113-752442B 16-CA-004506 05/03/2017 03:26:32 PM Electronically Filed: Hillsborough County/13th Judicial Circuit. Page 4Bk 24926 Pg 1903 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 1113-752442B 16-CA-004506 05/03/2017 03:26:32 PM Electronically Filed: Hillsborough County/13th Judicial Circuit. Page 5Bk 24926 Pg 1904 By: Deputy Clerk 1113-752442B 16-CA-004506 05/03/2017 03:26:32 PM Electronically Filed: Hillsborough County/13th Judicial Circuit. Page 6