Preview
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Filing # 105052666 E-Filed 03/18/2020 08:27:55 AM
IN THE CIRCUIT COURT
OF THE EIGHTH JUDICIAL CIRCUIT
IN AND FOR LEVY COUNTY, FLORIDA
¢ CASE NUMBER: 38-2017-CA-000233
Circuit Civil Division
WELLS FARGO BANK N.A, Instrument # 664789
OR BK: 1528 PG: 921-8pg(s)
Plaintiff, REC:3/18/2020 4:44 PM
Danny J. Shipp, Levy County Clerk, Florida
=VS-
Deputy Clerk UWILLIAMS
MARY KHOURI
SUNSTATE FEDERAL CREDIT UNION
JOSEPH SABBAG
USAA FEDERAL SAVINGS BANK USAA FSB
JENNIFER MICHELE CARVER,
Defendant.
a
REPORT AND RECO T. ENERAL MAGISTRATE.
AL MENT OF FORECLOSURE
THIS CAUSE having come before the undersigned General Magistrate, and having reviewed the
record and being otherwise fully advised in the premises, the Magistrate makes the following
findings of fact:
A. The General Magistrate and the Court have jurisdiction of the subject matter and the parties
having consented to the Magistrate hearing this case.
B. Plaintiff has standing to bring this action.
C. All Defendants were properly served and noticed.
D. Plaintiff has produced and filed the original Note upon which this action is brought.
E. The Magistrate has heard testimony and examined the affidavits filed herein and finds that
Plaintiff is entitled to the relief set forth in the Final Judgment of Foreclosure attached hereto.
F. All parties have waived the ten day period in which to file exceptions to the Report and
Electronically Filed Levy County Case # 2017000233CAAXXX 03/18/2020 08:27:55 AM
38-2017-CA-000233-CAA Page 1 of8
Recommendations of the General Magistrate.
IT IS THEREFORE RECOMMENDED that the Judgment of Foreclosure be entered by the
Circuit Court and a judicial sale be scheduled within 60 days from entry of the final judgment.
REPORTED AND RECOMMENDED on Friday, March 13, 2020.
Eel ie
JG —
( KSA
Katherine L. Pow, GeneralMa istra’
38-2017-CA-000233-CAA 03/13/2020 08:57:37 PM
(38-2017-CA-000233-CAA Page 2 of 8
IN THE CIRCUIT COURT
OF THE EIGHTH JUDICIAL CIRCUIT
IN AND FOR LEVY COUNTY, FLORIDA
CASE NUMBER: 38-2017-CA-000233-CAA
Circuit Civil Division
WELLS FARGO BANK N.A,
Plaintiff,
-VS-
MARY KHOURI
SUNSTATE FEDERAL CREDIT UNION
JOSEPH SABBAG
USAA FEDERAL SAVINGS BANK USAA FSB
JENNIFER MICHELE CARVER,
Defendant.
a
FINAL JUDGMENT OF FORECLOSURE
THIS ACTION was heard before the Court on Plaintiff's Motion for Summary Judgment on
March 10, 2020. On the evidence presented
IT IS ADJUDGED that:
1 Plaintiff, Wells Fargo Bank, NA, 3476 Stateview Blvd, Fort Mill, South Carolina 29715, is due:
Principal $63,469.85]
Interest Good Through Date: 11/11/2019 at 6.25% $13,992.62)
Pre-acceleration Late Charges $121.88
Hazard Insurance Disbursements $5,850.20
\Tax Disbursements $1,572.24)
Attorneys’ Fees
Flat Fee $2,520.00
11/14/20 Case Management Conference $250.00}
11/19/2019 Case Management Conference $250.00}
38-2017-CA-000233-CAA Page 3 of 8
A int Guardian Ad Litem $450.00
Complaint Filin, $905.00
Service of Process $1,615.00}
Title Search $375.00
Title Update $75.00
Guardian Ad Litem $1,000.00}
Ex rt Affidavit $10.00
E-Filing Costs $92.
TOTAL $92,548.7:
* The requested attomey’s fee is a flat rate fee that the firm’s client has agreed to pay in this
matter. Given the amount of the fee requested and the labor expended, the Court finds that a
lodestar analysis is not necessary and that the flat fee is reasonable.
2.2,The grand total amount referenced in Paragraph 1 shall bear interest from this date forward at
the prevailing legal rate of interest in accordance with Section 55.03, Florida Statutes.
3. Plaintiff holds a lien for the total sum superior to all claims or estates of defendants, on the
following described property in Levy County, Florida:
LOT 13, BLOCK 22 OF OAK RIDGE ESTATES SUBDIVISION, ACCORDING TO
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE(S) 63-1
THROUGH 63-7, OF THE PUBLIC RECORDS OF LEVY COUNTY, FLORIDA.
4. If the total sum with interest at the rate described in paragraph 1 and all costs accrued
subsequent to this judgment are not paid, the clerk of this court shall sell the property at public sale
on May 11, 20260, to the highest bidder for cash, except as prescribed in paragraph 4, at the
courthouse located at 355 S, Court Street in Levy County in Bronson, Florida, in accordance with
section 45.031, Florida Statutes, using the following method: At the main lobby of the courthouse,
355 South Court Street, Bronson, FL 32621, beginning at 11:00AM on the prescribed date.
5. Plaintiff shall advance all subsequent costs of this action and shall be reimbursed for them by
the clerk if plaintiff is not the purchaser of the property for sale, provided, however, that the
purchaser of the property for sale shall be responsible for the documentary stamps payable on the
certificate of title. 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.
38-2017-CA-000233-CAA Page 4 0f8
6. 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 plaintiff’s costs; second, documentary stamps affixed to the
certificate; third, plaintiff’s attorneys’ fees; fourth, the total sum due to plaintiff, less the items paid,
plus interest at the rate prescribed in paragraph 1 from this date to the date of the sale; and by
retaining any remaining amount pending the further order of this court.
7. Right of Redemption/Right of Possession. On filing the certificate of sale, defendant(s) and all
persons claiming under or against defendant(s) since the filing of the notice of lis pendens shall be
foreclosed of all estate or claim in the property, and defendant’s right of redemption as prescribed
by section 45.0315, Florida Statutes shall be terminated, except as to claims or rights under chapter
718 or chapter 720, Florida Statutes, if any. Upon the filing of the certificate of title, the person
named on the certificate of title shall be let into possession of the property
8. Jurisdiction of this action is retained to enter further orders that are necessary or are proper
including, but not limited to re-foreclosure against any subordinateinterest omitted from these
proceedings, determining the amounts owed to any condominium or homeowners association,
issuance of a writ of possession and the entry of a deficiency judgment, when and if such deficiency
is sought if the parties liable under the note have not been discharged in bankruptcy (however no
deficiency may be sought if the parties liable under the note were subject to an order allowing
Plaintiff or its predecessors-in-interest only in rem relief from the bankruptcy automatic stay).
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 THE
FINAL JUDGMENT.
IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS
REMAINING AFTER THE SALE, IF ANY, YOU MUST FILE A CLAIM WITH THE
CLERK NO LATER THAN THE DATE THAT THE CLERK REPORTS THE
FUNDS AS UNCLAIMED. IF YOU FAIL TO FILE A TIMELY 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, 355 S.
COURT STREET, BRONSON, FLORIDA 32621 WITHIN 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
38-2017-CA-000233-CAA Page 5 of8
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 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 THREE RIVERS LEGAL SERVICES, INC., 901 NW 8TH AVE, STE D-5,
GAINESVILLE, FL 32601 AT (352) 372-0519 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 OR
SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO CONTACT THREE RIVERS
LEGAL SERVICES, INC. FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS
POSSIBLE AFTER RECEIPT OF THIS NOTICE.
DONE AND ORDERED in Bronson, Levy County, Florida on this Tuesday, March 17, 2020.
SESE
LY bul AG
Susanne Wilson Bullard, Circuit Ju
38-2017-CA-000233-CAA 03/17/ 020 06:43:00 PM
38-2017-CA-000233-CAA Page 6 of 8
CERTIFICATE OF SERVICE
J HEREBY CERTIFY that copies have been furnished by U.S. Mail or via filing with the Florida
Courts E-Filing Portal on Wednesday, March 18, 2020 to the following:
MARY KHOURI
GREGORY HALE
5621 HAMMOCK LN, 124
ggregoryh@aol.com
LAUDERHILL, FL 33319
SUNSTATE FEDERAL CREDIT UNION JOSEPH SABBAG
5621 HAMMOCK LN, 124 612 TALWOOD CIR
LAUDERHILL, FL 33319 BRANDON, FL 33510
USAA FEDERAL SAVINGS BANK USAA FSB JENNIFER MICHELE CARVER
10750 MCDERMOTT FWY 612 TALWOOD CIR, APT D
SAN ANTONIO, TX 78288 BRANDON, FL 33510
J. Bennett Kitterman Jessica J Fagen
FLeFileTeam @brockandscott.com FLeFileTeam @brockandscott.com
FLCourtDocs @brockandscott.com FLCourtDocs @brockandscott.com
CourtXpress @ firmsolutions.us CourtXpress @firmsolutions.us
Julie Anthousis Katherine E Tilka
FLeFileTeam @brockandscott.com FLeFileTeam @brockandscott.com
FLCourtDocs @brockandscott.com FLCourtDocs @brockandscott.com
CourtXpress @firmsolutions.us CourtXpress @ firmsolutions.us
Maxine Meltzer
Leslie S Stewart FLeFileTeam @brockandscott.com
eservice @stewartlaw.net FL.CourtDocs @brockandscott.com
CourtXpress @firmsolutions.us
Stephen A. Orsillo
creservice @svllaw.com
38-2017-CA-000233-CAA Page 7 of8
4
A
Hunk Administrative Secretary II
-2017-CAx 000233-CAA 03/18/2020 08:28:43 AM
38-2017-CA-000233-CAA Page 8 of8
Preview
. . Filing # 105052666 E-Filed 03/18/2020 08:27:55 AM IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR LEVY COUNTY, FLORIDA ¢ CASE NUMBER: 38-2017-CA-000233 Circuit Civil Division WELLS FARGO BANK N.A, Instrument # 664789 OR BK: 1528 PG: 921-8pg(s) Plaintiff, REC:3/18/2020 4:44 PM Danny J. Shipp, Levy County Clerk, Florida =VS- Deputy Clerk UWILLIAMS MARY KHOURI SUNSTATE FEDERAL CREDIT UNION JOSEPH SABBAG USAA FEDERAL SAVINGS BANK USAA FSB JENNIFER MICHELE CARVER, Defendant. a REPORT AND RECO T. ENERAL MAGISTRATE. AL MENT OF FORECLOSURE THIS CAUSE having come before the undersigned General Magistrate, and having reviewed the record and being otherwise fully advised in the premises, the Magistrate makes the following findings of fact: A. The General Magistrate and the Court have jurisdiction of the subject matter and the parties having consented to the Magistrate hearing this case. B. Plaintiff has standing to bring this action. C. All Defendants were properly served and noticed. D. Plaintiff has produced and filed the original Note upon which this action is brought. E. The Magistrate has heard testimony and examined the affidavits filed herein and finds that Plaintiff is entitled to the relief set forth in the Final Judgment of Foreclosure attached hereto. F. All parties have waived the ten day period in which to file exceptions to the Report and Electronically Filed Levy County Case # 2017000233CAAXXX 03/18/2020 08:27:55 AM 38-2017-CA-000233-CAA Page 1 of8 Recommendations of the General Magistrate. IT IS THEREFORE RECOMMENDED that the Judgment of Foreclosure be entered by the Circuit Court and a judicial sale be scheduled within 60 days from entry of the final judgment. REPORTED AND RECOMMENDED on Friday, March 13, 2020. Eel ie JG — ( KSA Katherine L. Pow, GeneralMa istra’ 38-2017-CA-000233-CAA 03/13/2020 08:57:37 PM (38-2017-CA-000233-CAA Page 2 of 8 IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR LEVY COUNTY, FLORIDA CASE NUMBER: 38-2017-CA-000233-CAA Circuit Civil Division WELLS FARGO BANK N.A, Plaintiff, -VS- MARY KHOURI SUNSTATE FEDERAL CREDIT UNION JOSEPH SABBAG USAA FEDERAL SAVINGS BANK USAA FSB JENNIFER MICHELE CARVER, Defendant. a FINAL JUDGMENT OF FORECLOSURE THIS ACTION was heard before the Court on Plaintiff's Motion for Summary Judgment on March 10, 2020. On the evidence presented IT IS ADJUDGED that: 1 Plaintiff, Wells Fargo Bank, NA, 3476 Stateview Blvd, Fort Mill, South Carolina 29715, is due: Principal $63,469.85] Interest Good Through Date: 11/11/2019 at 6.25% $13,992.62) Pre-acceleration Late Charges $121.88 Hazard Insurance Disbursements $5,850.20 \Tax Disbursements $1,572.24) Attorneys’ Fees Flat Fee $2,520.00 11/14/20 Case Management Conference $250.00} 11/19/2019 Case Management Conference $250.00} 38-2017-CA-000233-CAA Page 3 of 8 A int Guardian Ad Litem $450.00 Complaint Filin, $905.00 Service of Process $1,615.00} Title Search $375.00 Title Update $75.00 Guardian Ad Litem $1,000.00} Ex rt Affidavit $10.00 E-Filing Costs $92. TOTAL $92,548.7: * The requested attomey’s fee is a flat rate fee that the firm’s client has agreed to pay in this matter. Given the amount of the fee requested and the labor expended, the Court finds that a lodestar analysis is not necessary and that the flat fee is reasonable. 2.2,The grand total amount referenced in Paragraph 1 shall bear interest from this date forward at the prevailing legal rate of interest in accordance with Section 55.03, Florida Statutes. 3. Plaintiff holds a lien for the total sum superior to all claims or estates of defendants, on the following described property in Levy County, Florida: LOT 13, BLOCK 22 OF OAK RIDGE ESTATES SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE(S) 63-1 THROUGH 63-7, OF THE PUBLIC RECORDS OF LEVY COUNTY, FLORIDA. 4. If the total sum with interest at the rate described in paragraph 1 and all costs accrued subsequent to this judgment are not paid, the clerk of this court shall sell the property at public sale on May 11, 20260, to the highest bidder for cash, except as prescribed in paragraph 4, at the courthouse located at 355 S, Court Street in Levy County in Bronson, Florida, in accordance with section 45.031, Florida Statutes, using the following method: At the main lobby of the courthouse, 355 South Court Street, Bronson, FL 32621, beginning at 11:00AM on the prescribed date. 5. Plaintiff shall advance all subsequent costs of this action and shall be reimbursed for them by the clerk if plaintiff is not the purchaser of the property for sale, provided, however, that the purchaser of the property for sale shall be responsible for the documentary stamps payable on the certificate of title. 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. 38-2017-CA-000233-CAA Page 4 0f8 6. 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 plaintiff’s costs; second, documentary stamps affixed to the certificate; third, plaintiff’s attorneys’ fees; fourth, the total sum due to plaintiff, less the items paid, plus interest at the rate prescribed in paragraph 1 from this date to the date of the sale; and by retaining any remaining amount pending the further order of this court. 7. Right of Redemption/Right of Possession. On filing the certificate of sale, defendant(s) and all persons claiming under or against defendant(s) since the filing of the notice of lis pendens shall be foreclosed of all estate or claim in the property, and defendant’s right of redemption as prescribed by section 45.0315, Florida Statutes shall be terminated, except as to claims or rights under chapter 718 or chapter 720, Florida Statutes, if any. Upon the filing of the certificate of title, the person named on the certificate of title shall be let into possession of the property 8. Jurisdiction of this action is retained to enter further orders that are necessary or are proper including, but not limited to re-foreclosure against any subordinateinterest omitted from these proceedings, determining the amounts owed to any condominium or homeowners association, issuance of a writ of possession and the entry of a deficiency judgment, when and if such deficiency is sought if the parties liable under the note have not been discharged in bankruptcy (however no deficiency may be sought if the parties liable under the note were subject to an order allowing Plaintiff or its predecessors-in-interest only in rem relief from the bankruptcy automatic stay). 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 THE FINAL JUDGMENT. IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, IF ANY, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN THE DATE THAT THE CLERK REPORTS THE FUNDS AS UNCLAIMED. IF YOU FAIL TO FILE A TIMELY 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, 355 S. COURT STREET, BRONSON, FLORIDA 32621 WITHIN 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 38-2017-CA-000233-CAA Page 5 of8 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 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 THREE RIVERS LEGAL SERVICES, INC., 901 NW 8TH AVE, STE D-5, GAINESVILLE, FL 32601 AT (352) 372-0519 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 OR SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO CONTACT THREE RIVERS LEGAL SERVICES, INC. FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE. DONE AND ORDERED in Bronson, Levy County, Florida on this Tuesday, March 17, 2020. SESE LY bul AG Susanne Wilson Bullard, Circuit Ju 38-2017-CA-000233-CAA 03/17/ 020 06:43:00 PM 38-2017-CA-000233-CAA Page 6 of 8 CERTIFICATE OF SERVICE J HEREBY CERTIFY that copies have been furnished by U.S. Mail or via filing with the Florida Courts E-Filing Portal on Wednesday, March 18, 2020 to the following: MARY KHOURI GREGORY HALE 5621 HAMMOCK LN, 124 ggregoryh@aol.com LAUDERHILL, FL 33319 SUNSTATE FEDERAL CREDIT UNION JOSEPH SABBAG 5621 HAMMOCK LN, 124 612 TALWOOD CIR LAUDERHILL, FL 33319 BRANDON, FL 33510 USAA FEDERAL SAVINGS BANK USAA FSB JENNIFER MICHELE CARVER 10750 MCDERMOTT FWY 612 TALWOOD CIR, APT D SAN ANTONIO, TX 78288 BRANDON, FL 33510 J. Bennett Kitterman Jessica J Fagen FLeFileTeam @brockandscott.com FLeFileTeam @brockandscott.com FLCourtDocs @brockandscott.com FLCourtDocs @brockandscott.com CourtXpress @ firmsolutions.us CourtXpress @firmsolutions.us Julie Anthousis Katherine E Tilka FLeFileTeam @brockandscott.com FLeFileTeam @brockandscott.com FLCourtDocs @brockandscott.com FLCourtDocs @brockandscott.com CourtXpress @firmsolutions.us CourtXpress @ firmsolutions.us Maxine Meltzer Leslie S Stewart FLeFileTeam @brockandscott.com eservice @stewartlaw.net FL.CourtDocs @brockandscott.com CourtXpress @firmsolutions.us Stephen A. Orsillo creservice @svllaw.com 38-2017-CA-000233-CAA Page 7 of8 4 A Hunk Administrative Secretary II -2017-CAx 000233-CAA 03/18/2020 08:28:43 AM 38-2017-CA-000233-CAA Page 8 of8