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Filing # E-Filed 04/23/2024 03:28:30 PM
IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT
IN AND FOR VOLUSIA COUNTY, FLORIDA
CIVIL ACTION
MAGERICK, LLC,
Plaintiff,
vs. CASE NO.: 2023 30105 CI
DIVISION:
THE UNKNOWN SPOUSE, HEIRS, DEVISEES,
BENEFICIARIES, GRANTEES, ASSIGNEES,
LIENORS, CREDITORS, TRUSTEES AND ALL
OTHER PARTIES CLAIMING AN INTEREST BY,
THROUGH, UNDER OR AGAINST THE ESTATE
OF BETTY STEPHENS, DECEASED, et al.,
Defendants.
PLAINTIFF'S NOTICE OF FILING AFFIDAVIT OF POST JUDGMENT ADVANCES AND
AFFIDAVIT OF PLAINTIFF'S COUNSEL AS TO POST JUDGMENT ATTORNEY'S FEES
AND COSTS
COMES NOW, Plaintiff, Magerick, LLC, by and through its undersigned counsel and hereby
gives Notice of Filing Affidavit of Post Judgment Advances and Affidavit of Plaintiff's Counsel as to Post
Judgment Attorney's Fees and Costs.
I HEREBY CERTIFY that a true and correct copy of Plaintiff's Notice of Filing Affidavit of Post
Judgment Advances has been furnished by U.S. MAIL and/or Electronic Mail to the parties on the attached
service list, on April 23, 2024.
0 Damian G. Waldman, Esq.
Florida Bar No. 0090502
Law Offices of Damian G. Waldman, P.A.
PO Box 5162
Largo, FL 33779
Telephone: (727) 538-4160
Facsimile: (727) 240-4972
Email 1: damian@,dwaldmanlaw.com
E-Service: service@_i dwaldmanlaw.com
Attorneys for Plaintiff
SERVICE LIST
Magerick, LLC
c/o Damian Waldman, Esq.
PO Box 5162
Largo, FL 33779
damian@_i dwaldmanlaw.com
service@_i dwaldmanlaw.com
Attorneys for Plaintiff
The Unknown Spouse, Heirs, Devisees, Beneficiaries, Grantees, Assignees, Lienors, Creditors, Trustees
and All Other Parties Claiming an Interest by, Through, Under or Against the Estate of Betty Stephens,
Deceased
1494 N. Peninsula Dr.
Daytona Beach, FL 32118
Betty Ann Stephens a/k/a Betty A. Farrell a/k/a Betty Stephens Balkcom
739 Taylor Road
Port Orange, FL 32127
Valorie J. Stephens a/k/a Valorie Jean Stephens a/k/a Valerie Jean Stephens
506 Temko Terrace
Daytona Beach, FL 32118
Carley Taylor Stephens a/k/a Carley T. Stephens
1294 Crow Way, Apt. 112
Casselberry, FL 32707-6463
Gregory Wayne Stephens
2150 Sterling Creek Pkwy.
Oviedo, FL 32766
Secretary of Housing and Urban Development
1250 Maryland Ave SW, Suite 200
Washington, DC 20024
IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT
IN AND FOR VOLUSIA COUNTY, FLORIDA
CIVIL ACTION
MAGERICK, LLC,
Plaintiff,
vs. CASE NO.: 2023 30105 CI
DIVISION:
THE UNKNOWN SPOUSE, HEIRS, DEVISEES,
BENEFICIARIES, GRANTEES, ASSIGNEES,
LIENORS, CREDITORS, TRUSTEES AND ALL
OTHER PARTIES CLAIMING AN INTEREST BY,
THROUGH, UNDER OR AGAINST THE ESTATE OF
BETTY STEPHENS, DECEASED, et al.,
Defendants.
AFFIDAVIT OF POST JUDGMENT INTEREST AND ADVANCES
STATE OF (4 ' ,
COUNTY OF Orel,
BEFORE ME an officer or employee authorized to take oaths this day personally appeared
David Omelas (Name), Senior Vice President (Title) for Land Home
Financial Services, Inc., Servicer and Attorney-in-fact for Magerick, LLC, (herein after referred to
as the "Plaintiff') who, being first duly sworn, deposes and says:
1. I have personal knowledge of this particular loan, and I am authorized to sign this affidavit
on behalf of Plaintiff, as an authorized agent of the Plaintiff. Land Home Financial Services, Inc.
services the subject loan. Land Home Financial Services, Inc, utilizes a shared platform with
the Plaintiff to gather and obtain loan information including calculating amounts due and
owing post judgment.
2. The Plaintiff maintains records for the subject loan ("the Loan"). As part of my job
responsibilities, I maintain for Land Home Financial Services, Inc., Servicer and Attorney-in-Fact
for Magerick, LLC, the Plaintiff in connection with the Loan.
3. The information in this affidavit is taken from the Plaintiffs business records and the
records of previous lenders. I have personal knowledge of the Plaintiffs procedures for creating
these records. They are: (a) made at or near the time of the occurrence of the matters recorded by
persons with personal knowledge of the information in the business record, or from information
transmitted by a person with personal knowledge; (b) kept in the course of the Plaintiff s regularly
conducted business activities; and (c) it is the regular practice of the Plaintiff to make such records.
4. The loan was previously serviced by other servicers. The information transmitted to the
Plaintiff regarding the subject loan was verified to ensure that it was accurate, trustworthy and made
by sound mortgage industry standards per the Plaintiff's boarding process. Once verified, the
information then becomes integrated with and part of Plaintiffs own servicing records. Plaintiff
relies upon this verified information to conduct business. Based upon Plaintiffs internal review of
the verified information regarding the subject loan, the figures on the Affidavit of Post Judgment
Advances are true and correct to the best of my knowledge and belief.
5. I have personal knowledge of the facts contained in this affidavit and the complaint to
foreclose.
Specifically, I have personal knowledge of the facts regarding the sums of money which are due and
owing to Magerick, LLC pursuant to the Note and Mortgage which are the subject of this action. The
books, records and documents which I have examined are in the custody, supervision and control of
the Plaintiff.
6. Plaintiff obtained a Final Judgment of Foreclosure against Defendants on or about
December 4, 2023. Plaintiff and its assignees have incurred additional fees and costs related to this
action. A copy of the payment history and financial breakdowns are attached as an exhibit.
7. The following sums have accrued or have been paid by Plaintiff and are now due and
owing to
Plaintiff on said indebtedness subsequent to the final judgment:
POST JUDGMENT INTEREST TO 4-24-24 $9,526.22
POST JUDGMENT ADVANCES $5,930.08
TOTAL $15,456.30
8. The business record attached, which I have reviewed, is a true and correct printout that is
part of the business records described above in Paragraph 7.
9. The Plaintiff has retained the Law Offices of Damian G. Waldman, P.A. to prosecute this
foreclosure action post judgment and is obligated to pay a reasonable fee and reimburse costs
incurred in connection with the firm's services. Those attorney's fees and cogs are not requested
through this affidavit. Rather, the law firm will submit its own affidavit or documentation
supporting and requesting the post judgment fees and costs from this action in accordance with
applicable law.
FURTHER AFFIANT SAYETH NAUGHT.
6L7C-----
David Ornelas (Name), as
Senior Vice President (Title) for Land
Home Financial Services, Inc., Servicer and
Attorney-in-Fact for Magerick, LLC
SWORN TO (or affirmed) and subscribed before me by means of 0 physical presence or 0 online
notarization this day of 20 , by (Name),
(Title) for Land Home Financial Services, Inc., Servicer and Attorney-in-
Fact for Magerick, LLC. He/She ( ) is personally known to me or ( ) produced as
identification.
34.5e. .. 4-1-1 -AcHcca CoPY
Notary Public
My Commission Expires: 08/2.2../241.24,
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of 0 P-A
Subscribed and sworn to (or affirmed) before me on this 2_1P-
day of A P , 20 2-ki, by W\V ID O
proved to me on the basis of satisfactory evidence to be the
person(%) who appeared before me.
r- TOMAS CURDOV
C.) , COMM. #2460276
4, NOTARY PUBLIC- CALIFORNIA ;IF)
ORANGE COUNTY
My Cogs. Expires Aug 22, 2027
(Seal) Signature -N
IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT
IN AND FOR VOLUSIA COUNTY, FLORIDA
CIVIL ACTION
MAGERICIC, LLC,
Plaintiff,
vs. CASE NO.: 2023 30105 CI
DIVISION:
THE UNKNOWN SPOUSE, HEIRS, DEVISEES,
BENEFICIARIES, GRANTEES, ASSIGNEES,
LIENORS, CREDITORS, TRUSTEES AND ALL
OTHER PARTIES CLAIMING AN INTEREST BY,
THROUGH, UNDER OR AGAINST THE ESTATE
OF BETTY STEPHENS, DECEASED, et al.,
Defendants.
/
AFFIDAVIT OF PLAINTIFF'S COUNSEL AS TO
POST JUDGMENT ATTORNEY'S FEES AND COSTS
STATE OF FLORIDA
COUNTY OF PINELLAS
ON THIS DATE, before me, the undersigned authority, personally appeared Damian
Waldman, Esq., who upon being duly sworn, deposes and says as follows:
1. I am over the age of 21 and have personal knowledge of the matters set forth herein. I
am an attorney with The Law Offices of Damian G. Waldman, P.A., and represent our
client in the above-referenced foreclosure action. As an attorney handling the day-to-
day matters of this case, I am familiar with the services rendered and all costs and
expenses incurred on behalf of our client in prosecuting this action.
2. This action is a residential mortgage foreclosure. The law firm has agreed to charge a
reduced hourly rate of $265.00 per hour for all work performed on this case post
judgment, the attorney and paralegals performed the following legal services:
a. Review of pleadings and affidavits and prepared final judgment of foreclosure
package at 2.87 hours;
b. Notice of filing the originals with cover letter to clerk at .89 hours;
c. Review of Final Judgment of Foreclosure and prepared sale package for sale
including notice of sale for first sale at 2.03 hours;
d. Review of publication for first sale and made changes and filed affidavit of
publication at .89 hours;
e. Review of judgment and calculated post judgment interest per Florida Statutes
and added in post judgment advances at .96 hours for first request for payoff;
E Review of judgment and calculated post judgment interest per Florida Statutes
and added in post judgment advances at .77 hours for second request for payoff;
g. Review of Defendant's Motion to Cancel Sale and prepared response in
opposition to the same at 2.16 hours;
h. Prepared proposed order on motion to cancel sale with cover letter at .91 hours;
i. Various communications with title company regarding closing and sale at .77
hours;
j. Communications with client regarding sale and motion to cancel at .39 hours;
k. Communications with client regarding new sale date and bidding instructions
and post judgment advances at 2.21 hours;
1. Prepared proposed order on motion to cancel sale and sent to court at .44 hours;
m. Review of order rescheduling sale and prepared sale package for rescheduled
sale including notice of sale at 1.79 hours;
n. Review of sale procedures with client, calculated post judgment interest by
statute and set bid as client instructed at 2.18 hours;
o. Review of judgment and calculated post judgment interest per Florida Statutes
and added in post judgment advances at .69 hours for third request for payoff;
p. Review of publication for second sale and filed affidavit of publication at .66
hours;
q. Preparation of certificate of sale, certificate of disbursements and certificate of
title at 1.09 hours;
r. Review of time records post judgment and prepared affidavit of post judgment
fees and costs and affidavit of reasonable fees and costs at 1.92 hours;
s. Review of affidavits and prepared notice of filing affidavit of post judgment
fees and costs at 1.03 hours;
t. Review of sale date and calculated post judgment interest for foreclosure sale
at .97 hours;
3. For all legal services rendered in this foreclosure action, The Law Offices of Damian
G. Waldman, P.A. has agreed to charge, and the client has agreed to pay, a reduced
hourly rate of $265.00 per hour for everything detailed above at a total of 25.62 hours
totaling $6,789.30.
In no event does The Law Offices of Damian G. Waldman, P.A. seek to recover
attorney's fees greater than the amount billed to and paid by our client.
4. The Law Offices of Damian G. Waldman, P.A. does create specific timekeeping
records as detailed above. The hourly rate was determined by taking into account many factors,
including, but not limited to: industry guidelines for residential foreclosures; the time and labor
reasonably expended by lawyers in the community handling residential foreclosures; the
complexity of the foreclosure action; the experience of The Law Offices of Damian G. Waldman,
P.A. in handling these types of matters; and current market conditions.
A. I am familiar with the costs and expenses that The Law Offices of Damian G. Waldman,
P.A. incurred on behalf of our client in this action. These costs and expenses are as
follows:
Costs:
UPS Shipping Costs $61.39
Sale Fees/Clerk Fees $140.00
Sale Publication Costs $438.97
Fed Ex Shipping Costs $113.01
Mailing/Copying Costs $76.26
Gap Title Search and Examination $193.16
Additional Fees $195.00
Recording Costs $44.95
TOTAL $1,262.74
FURTHER AFFIANT SAYETH NOT.
Dated April 19, 2024.
❑ Damian G. Waldman, Esq.
Florida Bar No. 0090502
❑ David John Miller, Esq.
Florida Bar No. 69995
❑ Nicholas M. Porras, Esq.
Florida Bar No. 74822
❑ Farha Ahmed, Esq.
Florida Bar No. 113222
Law Offices of Damian G. Waldman, P.A.
PO Box 5162
Largo, FL 33779
Telephone: (727) 538-4160
Facsimile: (727) 240-4972
Email 1: damian@dwaldmanlaw.com
Email 2: david(ii dwaldmanlaw.com
Email 3: nick@dwaldmanlaw.com
Email 4: farha@dwaldmanlaw.com
E-Service: service(cOwaldmanlaw.com
Attorneys for Plaintiff
The foregoing instrument, the Affidavit of Plaintiffs Counsel as to Post Judgment
Attorney's Fees and costs was sworn to and subscribed before me by means of hysical presence
or O online notarization on April 19, 2024, by Damian G. Waldman, Esq., who is personally
known to me.
Sabrina Stanney
Notary Public
State of Florida RY P orida
Comm# HH093659 OMMI ION S:10 -28-2024r
Expires 10/28/2024
Preview
Filing # E-Filed 04/23/2024 03:28:30 PM IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT IN AND FOR VOLUSIA COUNTY, FLORIDA CIVIL ACTION MAGERICK, LLC, Plaintiff, vs. CASE NO.: 2023 30105 CI DIVISION: THE UNKNOWN SPOUSE, HEIRS, DEVISEES, BENEFICIARIES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES AND ALL OTHER PARTIES CLAIMING AN INTEREST BY, THROUGH, UNDER OR AGAINST THE ESTATE OF BETTY STEPHENS, DECEASED, et al., Defendants. PLAINTIFF'S NOTICE OF FILING AFFIDAVIT OF POST JUDGMENT ADVANCES AND AFFIDAVIT OF PLAINTIFF'S COUNSEL AS TO POST JUDGMENT ATTORNEY'S FEES AND COSTS COMES NOW, Plaintiff, Magerick, LLC, by and through its undersigned counsel and hereby gives Notice of Filing Affidavit of Post Judgment Advances and Affidavit of Plaintiff's Counsel as to Post Judgment Attorney's Fees and Costs. I HEREBY CERTIFY that a true and correct copy of Plaintiff's Notice of Filing Affidavit of Post Judgment Advances has been furnished by U.S. MAIL and/or Electronic Mail to the parties on the attached service list, on April 23, 2024. 0 Damian G. Waldman, Esq. Florida Bar No. 0090502 Law Offices of Damian G. Waldman, P.A. PO Box 5162 Largo, FL 33779 Telephone: (727) 538-4160 Facsimile: (727) 240-4972 Email 1: damian@,dwaldmanlaw.com E-Service: service@_i dwaldmanlaw.com Attorneys for Plaintiff SERVICE LIST Magerick, LLC c/o Damian Waldman, Esq. PO Box 5162 Largo, FL 33779 damian@_i dwaldmanlaw.com service@_i dwaldmanlaw.com Attorneys for Plaintiff The Unknown Spouse, Heirs, Devisees, Beneficiaries, Grantees, Assignees, Lienors, Creditors, Trustees and All Other Parties Claiming an Interest by, Through, Under or Against the Estate of Betty Stephens, Deceased 1494 N. Peninsula Dr. Daytona Beach, FL 32118 Betty Ann Stephens a/k/a Betty A. Farrell a/k/a Betty Stephens Balkcom 739 Taylor Road Port Orange, FL 32127 Valorie J. Stephens a/k/a Valorie Jean Stephens a/k/a Valerie Jean Stephens 506 Temko Terrace Daytona Beach, FL 32118 Carley Taylor Stephens a/k/a Carley T. Stephens 1294 Crow Way, Apt. 112 Casselberry, FL 32707-6463 Gregory Wayne Stephens 2150 Sterling Creek Pkwy. Oviedo, FL 32766 Secretary of Housing and Urban Development 1250 Maryland Ave SW, Suite 200 Washington, DC 20024 IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT IN AND FOR VOLUSIA COUNTY, FLORIDA CIVIL ACTION MAGERICK, LLC, Plaintiff, vs. CASE NO.: 2023 30105 CI DIVISION: THE UNKNOWN SPOUSE, HEIRS, DEVISEES, BENEFICIARIES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES AND ALL OTHER PARTIES CLAIMING AN INTEREST BY, THROUGH, UNDER OR AGAINST THE ESTATE OF BETTY STEPHENS, DECEASED, et al., Defendants. AFFIDAVIT OF POST JUDGMENT INTEREST AND ADVANCES STATE OF (4 ' , COUNTY OF Orel, BEFORE ME an officer or employee authorized to take oaths this day personally appeared David Omelas (Name), Senior Vice President (Title) for Land Home Financial Services, Inc., Servicer and Attorney-in-fact for Magerick, LLC, (herein after referred to as the "Plaintiff') who, being first duly sworn, deposes and says: 1. I have personal knowledge of this particular loan, and I am authorized to sign this affidavit on behalf of Plaintiff, as an authorized agent of the Plaintiff. Land Home Financial Services, Inc. services the subject loan. Land Home Financial Services, Inc, utilizes a shared platform with the Plaintiff to gather and obtain loan information including calculating amounts due and owing post judgment. 2. The Plaintiff maintains records for the subject loan ("the Loan"). As part of my job responsibilities, I maintain for Land Home Financial Services, Inc., Servicer and Attorney-in-Fact for Magerick, LLC, the Plaintiff in connection with the Loan. 3. The information in this affidavit is taken from the Plaintiffs business records and the records of previous lenders. I have personal knowledge of the Plaintiffs procedures for creating these records. They are: (a) made at or near the time of the occurrence of the matters recorded by persons with personal knowledge of the information in the business record, or from information transmitted by a person with personal knowledge; (b) kept in the course of the Plaintiff s regularly conducted business activities; and (c) it is the regular practice of the Plaintiff to make such records. 4. The loan was previously serviced by other servicers. The information transmitted to the Plaintiff regarding the subject loan was verified to ensure that it was accurate, trustworthy and made by sound mortgage industry standards per the Plaintiff's boarding process. Once verified, the information then becomes integrated with and part of Plaintiffs own servicing records. Plaintiff relies upon this verified information to conduct business. Based upon Plaintiffs internal review of the verified information regarding the subject loan, the figures on the Affidavit of Post Judgment Advances are true and correct to the best of my knowledge and belief. 5. I have personal knowledge of the facts contained in this affidavit and the complaint to foreclose. Specifically, I have personal knowledge of the facts regarding the sums of money which are due and owing to Magerick, LLC pursuant to the Note and Mortgage which are the subject of this action. The books, records and documents which I have examined are in the custody, supervision and control of the Plaintiff. 6. Plaintiff obtained a Final Judgment of Foreclosure against Defendants on or about December 4, 2023. Plaintiff and its assignees have incurred additional fees and costs related to this action. A copy of the payment history and financial breakdowns are attached as an exhibit. 7. The following sums have accrued or have been paid by Plaintiff and are now due and owing to Plaintiff on said indebtedness subsequent to the final judgment: POST JUDGMENT INTEREST TO 4-24-24 $9,526.22 POST JUDGMENT ADVANCES $5,930.08 TOTAL $15,456.30 8. The business record attached, which I have reviewed, is a true and correct printout that is part of the business records described above in Paragraph 7. 9. The Plaintiff has retained the Law Offices of Damian G. Waldman, P.A. to prosecute this foreclosure action post judgment and is obligated to pay a reasonable fee and reimburse costs incurred in connection with the firm's services. Those attorney's fees and cogs are not requested through this affidavit. Rather, the law firm will submit its own affidavit or documentation supporting and requesting the post judgment fees and costs from this action in accordance with applicable law. FURTHER AFFIANT SAYETH NAUGHT. 6L7C----- David Ornelas (Name), as Senior Vice President (Title) for Land Home Financial Services, Inc., Servicer and Attorney-in-Fact for Magerick, LLC SWORN TO (or affirmed) and subscribed before me by means of 0 physical presence or 0 online notarization this day of 20 , by (Name), (Title) for Land Home Financial Services, Inc., Servicer and Attorney-in- Fact for Magerick, LLC. He/She ( ) is personally known to me or ( ) produced as identification. 34.5e. .. 4-1-1 -AcHcca CoPY Notary Public My Commission Expires: 08/2.2../241.24, A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 0 P-A Subscribed and sworn to (or affirmed) before me on this 2_1P- day of A P , 20 2-ki, by W\V ID O proved to me on the basis of satisfactory evidence to be the person(%) who appeared before me. r- TOMAS CURDOV C.) , COMM. #2460276 4, NOTARY PUBLIC- CALIFORNIA ;IF) ORANGE COUNTY My Cogs. Expires Aug 22, 2027 (Seal) Signature -N IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT IN AND FOR VOLUSIA COUNTY, FLORIDA CIVIL ACTION MAGERICIC, LLC, Plaintiff, vs. CASE NO.: 2023 30105 CI DIVISION: THE UNKNOWN SPOUSE, HEIRS, DEVISEES, BENEFICIARIES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES AND ALL OTHER PARTIES CLAIMING AN INTEREST BY, THROUGH, UNDER OR AGAINST THE ESTATE OF BETTY STEPHENS, DECEASED, et al., Defendants. / AFFIDAVIT OF PLAINTIFF'S COUNSEL AS TO POST JUDGMENT ATTORNEY'S FEES AND COSTS STATE OF FLORIDA COUNTY OF PINELLAS ON THIS DATE, before me, the undersigned authority, personally appeared Damian Waldman, Esq., who upon being duly sworn, deposes and says as follows: 1. I am over the age of 21 and have personal knowledge of the matters set forth herein. I am an attorney with The Law Offices of Damian G. Waldman, P.A., and represent our client in the above-referenced foreclosure action. As an attorney handling the day-to- day matters of this case, I am familiar with the services rendered and all costs and expenses incurred on behalf of our client in prosecuting this action. 2. This action is a residential mortgage foreclosure. The law firm has agreed to charge a reduced hourly rate of $265.00 per hour for all work performed on this case post judgment, the attorney and paralegals performed the following legal services: a. Review of pleadings and affidavits and prepared final judgment of foreclosure package at 2.87 hours; b. Notice of filing the originals with cover letter to clerk at .89 hours; c. Review of Final Judgment of Foreclosure and prepared sale package for sale including notice of sale for first sale at 2.03 hours; d. Review of publication for first sale and made changes and filed affidavit of publication at .89 hours; e. Review of judgment and calculated post judgment interest per Florida Statutes and added in post judgment advances at .96 hours for first request for payoff; E Review of judgment and calculated post judgment interest per Florida Statutes and added in post judgment advances at .77 hours for second request for payoff; g. Review of Defendant's Motion to Cancel Sale and prepared response in opposition to the same at 2.16 hours; h. Prepared proposed order on motion to cancel sale with cover letter at .91 hours; i. Various communications with title company regarding closing and sale at .77 hours; j. Communications with client regarding sale and motion to cancel at .39 hours; k. Communications with client regarding new sale date and bidding instructions and post judgment advances at 2.21 hours; 1. Prepared proposed order on motion to cancel sale and sent to court at .44 hours; m. Review of order rescheduling sale and prepared sale package for rescheduled sale including notice of sale at 1.79 hours; n. Review of sale procedures with client, calculated post judgment interest by statute and set bid as client instructed at 2.18 hours; o. Review of judgment and calculated post judgment interest per Florida Statutes and added in post judgment advances at .69 hours for third request for payoff; p. Review of publication for second sale and filed affidavit of publication at .66 hours; q. Preparation of certificate of sale, certificate of disbursements and certificate of title at 1.09 hours; r. Review of time records post judgment and prepared affidavit of post judgment fees and costs and affidavit of reasonable fees and costs at 1.92 hours; s. Review of affidavits and prepared notice of filing affidavit of post judgment fees and costs at 1.03 hours; t. Review of sale date and calculated post judgment interest for foreclosure sale at .97 hours; 3. For all legal services rendered in this foreclosure action, The Law Offices of Damian G. Waldman, P.A. has agreed to charge, and the client has agreed to pay, a reduced hourly rate of $265.00 per hour for everything detailed above at a total of 25.62 hours totaling $6,789.30. In no event does The Law Offices of Damian G. Waldman, P.A. seek to recover attorney's fees greater than the amount billed to and paid by our client. 4. The Law Offices of Damian G. Waldman, P.A. does create specific timekeeping records as detailed above. The hourly rate was determined by taking into account many factors, including, but not limited to: industry guidelines for residential foreclosures; the time and labor reasonably expended by lawyers in the community handling residential foreclosures; the complexity of the foreclosure action; the experience of The Law Offices of Damian G. Waldman, P.A. in handling these types of matters; and current market conditions. A. I am familiar with the costs and expenses that The Law Offices of Damian G. Waldman, P.A. incurred on behalf of our client in this action. These costs and expenses are as follows: Costs: UPS Shipping Costs $61.39 Sale Fees/Clerk Fees $140.00 Sale Publication Costs $438.97 Fed Ex Shipping Costs $113.01 Mailing/Copying Costs $76.26 Gap Title Search and Examination $193.16 Additional Fees $195.00 Recording Costs $44.95 TOTAL $1,262.74 FURTHER AFFIANT SAYETH NOT. Dated April 19, 2024. ❑ Damian G. Waldman, Esq. Florida Bar No. 0090502 ❑ David John Miller, Esq. Florida Bar No. 69995 ❑ Nicholas M. Porras, Esq. Florida Bar No. 74822 ❑ Farha Ahmed, Esq. Florida Bar No. 113222 Law Offices of Damian G. Waldman, P.A. PO Box 5162 Largo, FL 33779 Telephone: (727) 538-4160 Facsimile: (727) 240-4972 Email 1: damian@dwaldmanlaw.com Email 2: david(ii dwaldmanlaw.com Email 3: nick@dwaldmanlaw.com Email 4: farha@dwaldmanlaw.com E-Service: service(cOwaldmanlaw.com Attorneys for Plaintiff The foregoing instrument, the Affidavit of Plaintiffs Counsel as to Post Judgment Attorney's Fees and costs was sworn to and subscribed before me by means of hysical presence or O online notarization on April 19, 2024, by Damian G. Waldman, Esq., who is personally known to me. Sabrina Stanney Notary Public State of Florida RY P orida Comm# HH093659 OMMI ION S:10 -28-2024r Expires 10/28/2024