20110244305
20110244305
20110244305
CIRCUIT JUDICIAL
OF
THE IN AND
ORANGE
FLORIDA
BANK
OF
AMERICA,
Plaintiff, VS.
DAVID LAKE 8
A. SIEGEL, BUTLER
JACQUELINE
SIEGEL,
COMMUNITY . a Florida corporation, ASSOCIATION, INC., CONDOMINIUM SHORES TUSCANY SOUND OWNERS ASSOCIATION, INC., a Florida
B: 18211 P: 3980 DOCM 20110244305 se:4e PM Page 1 of to a Pisee Comptroller 9L u 10 - Ret To: LERK OF COURT CIVIL
corporation, Defendants. o STIPULATED O THIS O E N.A.'s Motion for Entry of Final Judgment of Foreclosure, and the Court having CAUSE having come Bank before the Court on Plaintiff, of America, FINAL JUDGMENT OF FORECLOSURE
a a C
considered the pleadings and proofs submitted, having reviewed the court file, aving h been advised of the agreement of the parties as announced in open court, and being
otherwise fully advised, finds as follows: 1. This Court has jurisdictionof the subject matter hereof and the parties
hereto.
2.
The
A. SIEGEL
SIEGEL
is 9766
Windermere,
LAKE
BUTLER
COMMUNITY
ASSOCIATION,
INC.,
corporation FL 32779.
("Lake
Butler
The address of
Defendant,
OWNERS
Association")
is 2901
Daytona
FLl-400-07-01,
Tampa,
3.
Summons
and a copy of the complaint filedby Plaintiff. Borrowers are in breach of the Loan Documents (as defined in the of
4.
Motion),
the Borrowers
have
matter of law.
5.
All parties were properly served with the Motion of Foreclosure and the Notice of Hearing
Judgment
at least twenty
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advance
of the hearing. The Court has reviewed the Verified Amended and Plaintiffs
6.
Complaint
and against the Affidavit in Support of the Motion. The equitiesare with the Plaintiff Defendants. Plaintiffis the prevailing party as to allcounts of itsVerified Amended
7.
1.
Plaintiff's Motion
of Foreclosure
is
GRANTED. under the Loan Documents There is presently due to the Plaintiff, sued
2.
$9,779,631.45
$375,513.09
Butler Note through May 5, 2011: Total Amount under Lake Due Butler Note: $10,155,144.54
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Principal due under Condo 101 Note: Accrued Condo May intereston
$611,000.00
$6,256.25
Total Amount
Principal due under Condo 801 Note: Accrued Condo May intereston
$611,000.00
$6,256.25
Total Amount
$12,000.00 $2,390.00
3.
Thus,
Plaintiff, BANK
OF
AMERICA,
N.A.,
is awarded
a final
judgment which
of $11,404,047.04,
per annum.
4.
valid first liens on the Properties (defined below), and the Mortgages as alleged in the complaint.
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5.
liens are
22, 23, 24, 25 and 26, Reserve at Lake Sound, according to the plat thereof, as recorded
Book
45, Pages 120 through 134, inclusive, of the Public Records of Orange County, Florida with all the
Together
easements, improvements, fixtures that are a part of the and appurtenances, and additions property, as well as all replacements thereto
AND
Unit 101 of Tuscany Shores, a Condominium according to the Declaration of Condominium thereof, recorded in Official Records Records amendments in the common of Book 5706, Page 582 of the Public
and Florida, any County, with itsundivided share thereto, together Volusia elements
AND
Unit 801 of Tuscany to the Declaration Official Records Records amendments in the common of
and Florida, County, any thereto, together with itsundivided share Volusia elements.
(collectively described herein as the "Properties"), with the exception assessments that are superior pursuant to the Chapter 720, Florida Statutes.
of any
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6.
Ifthe totalsum above with interestat the rate prescribed by law, and all are not paid in full,the at sale on
fees and costs accrued subsequent to this Final Judgment, of this Court shall sell the
Clerk
Properties
public
(0
, 2011, at
( ('.co
highest bidder for cash, except as set forth in this Final Judgment, at www.myorangeclerk.realforeclosure.com, Statutes.T in accordance with
45.031, Florida
nt, t
7.
Plaintiffmay
Plaintiffshall advance all subsequent costs of this action and shall be isnot the purchaser of the Properties at for them by the Clerk ifPlaintiff
reimbursed
bid with the the sale. If Plaintiffis the purchaser, the Clerk shall credit Plaintiff's due under this Final Judgment together with interestand costs accruing
total sum
as subsequent to thisFinal Judgment, or such part of it, is necessary to pay the bid in full.
9.
filingof the Certificateof Title or by Order of this Court ruling on objections to the
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sale, the Clerk shall distributethe proceeds of the sale, so far as they are sufficient, allof Plaintiff's costs; second, Plaintiffs attorneys' fees;third,the by paying: first, totalsum due to Plaintiff plus interestat the rate prescribed by law from this date to the date of the sale; and last, retaining any remaining amount by pending the further
order of this Court. The highest bidder at the sale shall pay the documentary
stamps
affixed to the Certificateof Title and the cost, if any, of recording the Certificateof
10.
IF THIS BE ADDITIONAL
AT THE TO FINAL
PUBLIC SALE BE
PERSONS PROCEEDS
WHO
PURSUANT
JUDGMENT.
ARE
A RIGHT CLAIM
REMAINING
ARE
THE YOU
YOU TO DO
MAY HAVE
CLAIM A LAWYER TO
THESE OR
NOT YOU
HAVE TO
IN ORDER
FOR PLEASE
CLAIM WITH
CHECK
COURT,
ORLANDO, SALE TO
32778, (407) 836-2225, WITHIN IS ADDITIONAL IF THERE THAT THE CLERK HAS
IN THE
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DECIDE CLAIM
TO THE ALL
SELL
YOUR
OR
HIRE YOU
TO READ ASK
PREFERABLY OFFERING
ATTORNEY YOU,
HELP
YOU
SIGNING OR
THE
EQUITY IF YOU
ATTORNEY,
LEGAL FL FOR BE OR
OCBA, SEE
IF YOU CANNOT
YOU,
THEY AGENCY
MAY
LOCAL
IF YOU
GREATER AS SOON AS
SHOULD
SO
POSSIBLE
NOTICE.
11.
forever foreclosed of allright,title, nterest, estate,or claim in the Properties being i sold, and shall be forever barred and foreclosed of any and all equity or right of in and to said Properties. After the conclusion of the sale,whether confirmation is by the Clerk's
redemption 12.
filingof the Certificateof Title or by Order of this Court ruling on objections to the sale,the purchaser at the sale,itsagents, representatives,successors or assigns, shall without delay be letinto possession of the Properties as conveyed, and should anyone not deliver possession of the Properties to the purchaser, the Clerk shall, upon request
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and wideskt further order of the Court, immediately deliver same to the sherifffor execution.
13.
Any
be added to the
amount
of Plaintiffs judgment
which is served on allparties,including defaulted Court an affidavitof the Plaintiff parties,prior to the date of the sale,which affidavitincludes proof of payment such advances or additional costs. of any
14.
Jurisdictionofthis action and jurisdictionover the Defendants isretained as are proper including, without limitation, and
award
County,
day
THE
HONORABLE
FREDERICK
J. LAUTEN
CERTIFICATE
OF
SERVICE
certifythat a true and correct copy of the foregoing was furnished via FirstClass U.S. Mail this_ "[__ day of ,2011, to: Bradley I HEREBY
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& T. Dixon, Esq., Winderweedle, Haines, Ward Saxton, Esq. and Andrew P.A., P.O. Box 1391, Orlando, FL 32802-1391; R. Scott Shuker, Esq. and Woodman, Justin M. Luna, Esq., Latham, Shuker, Eden & Beaudine, P.A., 390 N. Orange M. Avenue, Suite 600, Orlando, Florida 32801; James A. Gustino, Esq.; P.O. Box Owners 770759, Winter Garden, Florida 34777; and Tuscany Shores Condominium Association, Inc. c/o its registered agent, Larry Page 2901 S. Atlantic Avenue, Beach Shores, Florida 32118.
Daytona
Attorney / JudiciaHossistant----
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