Preview
Filing # 103302795 E-Filed 02/13/2020 07:40:06 PM
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT, IN AND
FOR OSCEOLA COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 2014 CA 003565 MF
U.S. BANK TRUST, N.A., AS TRUSTEE FOR
LSF10 MASTER PARTICIPATION TRUST
Plaintiff,
VS.
THOMAS M. HARRINGTON, et al
Defendants. /
PLAINTIFF’S MOTION TO AMEND FINAL JUDGMENT OF FORECLOSURE NUNC
PRO TUNC
COMES NOW, the Plaintiff, U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF10
MASTER PARTICIPATION TRUST, by and through its undersigned counsel, moves this court
to amend the Final Judgment to correct Plaintiff's mailing address, nunc pro tunc, pursuant to
Florida Rules of Civil Procedure Rule 1.540(b)(1), and as grounds in support there of states as
follows:
1 On January 7, 2020, a Final Judgment of Mortgage Foreclosure was entered by this
Honorable Court in favor of Plaintiff.
Due to a scrivener’s error the Final Judgment had the wrong mailing address for Plaintiff.
The correct address for Plaintiff is 13801 WIRELESS WAY, OKLAHOMA CITY, OK
73124.
Pursuant to Florida Rules of Civil Procedure 1.540(a) Plaintiff moves to amend the Final
Judgment, nunc pro tunc, to correct the clerical error contained in the Plaintiff’ s address.
Fla. R. Civ. Pro. 1.540(a) allows for “clerical mistakes in judgments, decrees, or other
parts of the record and errors therein arising from oversight or omission may be corrected
by the Court at any time.”
PH # 46642
Page 1
5. Based on this scrivener’s error, Plaintiff seeks to amend the Final Judgment to reflect the
complete and correct Plaintiff’s Address. A copy of the proposed amended Final
Judgment is attached hereto as Exhibit “A”.
I HEREBY CERTIFY that a true and correct copy of the foregoing motion to was sent
via U.S. Mail and/or Email to all parties pursuant to the attached Service List this 13th day of
February, 2020 to defendants on the attached service list:
Phelan Hallinan Diamond & Jones, PLLC
Attorneys for Plaintiff
2001 NW 64th Street, Suite 100
Ft. Lauderdale, FL 33309
Tel: 954-462-7000
Fax: 954-462-7001
Service by email: FL.Service@ PhelanHallinan.com
By: /s/ David Gordon
Phelan Hallinan Diamond & Jones, PLLC
David Gordon, Esq., Florida Bar No. 0115723
PH # 46642
Page 2
Exhibit “‘A”’
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL
CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
CASE NO.: 2014 CA 003565 MF
U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF10
MASTER PARTICIPATION TRUST
Plaintiff,
v
THOMAS M HARRINGTON; TAMARA KAY
HARRINGTON; DEER CREEK MASTER HOMEOWNERS'
ASSOCIATION INC.; JPMORGAN CHASE BANK, N.A.;
TRSTE, LLC, AS TRUSTEE OF OSCEOLA COUNTY BIG
BUCK 1951 LAND TRUST; ANY AND ALL UNKNOWN
PARTIES CLAIMING BY, THROUGH, UNDER, OR
AGAINST THE HEREIN NAMED INDIVIDUAL
DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD
OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY
CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES,
GRANTEES, OR OTHER CLAIMANTS; UNKNOWN
TENANT(S) N/K/A JEFF PANTANJO and UNKNOWN
TENANT II N/K/A BRANDI PANTANJO
Defendant(s) /
AMENDED FINAL JUDGMENT OF FORECLOSURE NUNC PRO TUNC
This action was heard before the court. On the evidence presented
IT IS ADJUDGED that:
1 Plaintiff, U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF10 MASTER
PARTICIPATION TRUST, 13801 WIRELESS WAY, OKLAHOMA CITY,
OK 73134, IS DUE:
Principal due on the note secured by the mortgage foreclosed $186,756.51
Interest on the note and mortgage from 05/01/2013 to
08/23/2019 $55,977.69
Per diem interest at 4.75% ($ 24.30 per day), from 08/24/2019
to 01/07/2020 $3,329.10
Hazard Insurance $9,366.72
Hazard Insurance for 2014 $329.30
Hazard Insurance for 2015 $1,278.61
Hazard Insurance for 2016 $1,220.81
Hazard Insurance for 2017 $1,975.00
Page | of 7
PH # 46642
Case #: 2014 CA 003565 MF
Hazard Insurance for 2018 $2,173.00
Hazard Insurance for 2019 $2,390.00
Taxes $14,450.10
Taxes for 2013 $901.44
Taxes for 2014 $2,235.79
Taxes for 2015 $2,596.68
Taxes for 2016 $2,677.09
Taxes for 2017 $2,891.90
Taxes for 2018 $3,147.20
SUBTOTAL $269,880.12
Additional Costs:
Late Charges $0.00
Brokers Price Opinion/Appraisals $709.50
Court Mandated Affidavit $20.00
Document Retrieval $150.00
Filing Cost $999.52
Mediation Filing Cost $150.00
Property Inspections $214.05
Property Preservation $1,995.00
Property Registration $190.00
Recording Cost $14.50
Sale Cost $189.02
Service of Process $440.00
Tax Certification $100.00
Title Search $400.00
SUBTOTAL $275,451.71
Attorney Fees (as detailed in the Affidavit as to Plaintiff's
Attorneys fees and Cost and Reasonable Attorney’s Fees) $9,572.08
TOTAL $285,023.79
That shall bear interest at the rate of 6.83% a year.
2. Plaintiff holds a lien for the total sum superior to all claims or estates of defendant(s), on the
following described property in OSCEOLA County, Florida:
LOT 44, DOE RUN AT DEER CREEK, ACCORDING TO THE MAP OR PLAT
THEREOF, RECORDED IN PLAT BOOK 17, PAGES 165 THROUGH 171,
INCLUSIVE, OF THE PUBLIC RECORDS OF OSCEOLA COUNTY, FLORIDA.
Page 2 of 7
PH # 46642
Case #: 2014 CA 003565 MF
Property 1951 BIG BUCK DRIVE
address: SAINT CLOUD, FL 34772-8220
If the total sum with interest at the rate described in paragraph land all costs accrued
subsequent to this judgment are not paid, the clerk of this court shall sell the property at
public sale on May6, 2020, to the highest bidder for cash, except as prescribed in paragraph
4, at the OSCEOLA County Courthouse, Osceola County Courthouse 2 Courthouse Square,
Suite 2600/Room Number 2602, Kissimmee, FL 34741 in accordance with Section 45.031,
Florida Statutes, using the following method:
(CHECK ONE):
YM At the above location, beginning at 11:00 AM on the prescribed date.
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 plaintiffs 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.
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.
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 (2013) 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.
The Court finds, based upon the affidavit presented and upon inquiry of counsel for the
Plaintiff, that fees for Plaintiff's counsel in the amount of $9,572.08 is appropriate.
PLAINTIFF'S COUNSEL REPRESENTS THAT THE ATTORNEY FEE AWARDED
DOES NOT EXCEED ITS CONTRACT FEE WITH THE PLAINTIFF. The Court finds that
there are no reduction or enhancement factors for consideration by the Court pursuant to
Florida Patient's Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985).
The requested attorney's fees are a flat rate fee and additional litigation fees that the firm's
client has agreed to pay in this matter.
Page 3 of 7
PH # 46642
Case #: 2014 CA 003565 MF
Jurisdiction of this action is retained to enter further orders that are proper including, without
limitation, a deficiency judgment, except where a discharge is applicable or where service of
process was not personally obtained.
10. The Plaintiff may assign the judgment and/or credit bid by the filing of an assignment
without further Order of the Court.
ll If, subsequent to the entry of Final Judgment and prior to the sale contemplated in paragraph
3 hereof, the Plaintiff has to advance money to protect its mortgage lien, including but not
limited to post judgment advances for properly taxes and insurance, property preservation
costs, post judgment attorney's fees and costs and post judgment bankruptcy fees and costs,
the Plaintiff or its Attorneys shall certify by affidavit to the Clerk and the amount due to
Plaintiff as shown in paragraph | above shall be increased by the amount of such advances
for purposes of calculating Plaintiffs credit bid and redemption amount, upon further order of
the Court.
12. The Final Judgment is amended Nunc Pro Tunc back to the date of the original final
judgment.
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 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 FOR OSCEOLA COUNTY, FLORIDA 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 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 THE NEAREST LEGAL AID OFFICE TO SEE IF YOU QUALIFY
FINANCIALLY FOR THEIR SERVICES. IF THEY CANNOT ASSIST YOU, THEY MAY
Page 4 of 7
PH # 46642
Case #: 2014 CA 003565 MF
BE ABLE TO REFER YOU TO A LOCAL BAR REFERRAL AGENCY OR SUGGEST
OTHER OPTIONS. IF YOU CHOOSE TO CONTACT ONE OF THESE SERVICES FOR
ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS
NOTICE.
ORDERED at Kissimmee, OSCEOLA County, Florida, on this day of
, 2020.
Circuit Judge
cc: copies furnished to the attached mailing list
Page 5 of 7
PH # 46642
Case #: 2014 CA 003565 MF
SERVICE LIST
CASE NO.: 2014 CA 003565 MF
THOMAS M. HARRINGTON
105 CRYSTAL CREEK LANE
APPLING, GA 30802-3730
TAMARA KAY HARRINGTON
105 CRYSTAL CREEK LANE
APPLING, GA 30802-3730
MARTELL & OZIM, P.A.
Attn: JASON A. MARTELL, Esq.
213 South Dillard Street Suite 210
Winter Garden, FL 34787
jmartell
@ martellandozim.com
Attomey for Defendant DEER CREEK MASTER HOMEOWNERS' ASSOCIATION INC.
JPMORGAN CHASE BANK, N.A.
C/O LEGAL DEPT.
1111 POLARIS PKWY
COLUMBUS, OH 43240-2031
OWEN & DUNIVAN, PLLC
Attn: Bryant H. Dunivan, Jr., Esq.
615 West De Leon St.
Tampa, FL 33606
bdunivan@ owendunivan.com
eservice @owendunivan.com
mowen @owendunivan.com
Attomey for Defendant TRSTE, LLC, AS TRUSTEE OF OSCEOLA COUNTY BIG BUCK
1951 LAND TRUST
UNKNOWN TENANT(S) N/K/A JEFF PANTANJO
1951 BIG BUCK DRIVE
SAINT CLOUD, FL 34772-8220
UNKNOWN TENANT II N/K/A BRANDI PANTANJO
1951 BIG BUCK DRIVE
SAINT CLOUD, FL 34772-8220
PHELAN HALLINAN DIAMOND & JONES, PLLC
2001 NW 64th Street
Suite 100
Ft. Lauderdale, FL 33309
Page 6 of 7
PH # 46642
Case #: 2014 CA 003565 MF
Service by Email: FL.Service
@ PhelanHallinan.com
[JJG @954-462-7001]
Page 7 of 7
PH # 46642
Case #: 2014 CA 003565 MF
SERVICE LIST
CASE NO.: 2014 CA 003565 MF
THOMAS M. HARRINGTON
105 CRYSTAL CREEK LANE
APPLING, GA 30802-3730
TAMARA KAY HARRINGTON
105 CRYSTAL CREEK LANE
APPLING, GA 30802-3730
MARTELL & OZIM, P.A.
Attn: JASON A. MARTELL, Esq.
213 South Dillard Street Suite 210
Winter Garden, FL 34787
jmartell
@ martellandozim.com
Attorney for Defendant DEER CREEK MASTER HOMEOWNERS' ASSOCIATION INC.
JPMORGAN CHASE BANK, N.A.
C/O LEGAL DEPT.
1111 POLARIS PRWY
COLUMBUS, OH 43240-2031
OWEN & DUNIVAN, PLLC
Attn: Bryant H. Dunivan, Jr., Esq.
615 West De Leon St.
Tampa, FL 33606
bdunivan @owendunivan.com
eservice@ owendunivan.com.
mowen @owendunivan.com
Attorney for Defendant TRSTE, LLC, AS TRUSTEE OF OSCEOLA COUNTY BIG BUCK 1951 LAND
TRUST
UNKNOWN TENANT(S) N/K/A JEFF PANTANJO
1951 BIG BUCK DRIVE
SAINT CLOUD, FL 34772-8220
UNKNOWN TENANT II N/K/A BRANDI PANTANJO
1951 BIG BUCK DRIVE
SAINT CLOUD, FL 34772-8220
PHELAN HALLINAN DIAMOND & JONES, PLLC
2001 NW 64th Street
Suite 100
Ft. Lauderdale, FL 33309
Service by Email: FL.Service @ PhelanHallinan.com
[JEF @954-462-7001]
PH # 46642
02/09/2020 at 12:36 PM
Mailing List
Preview
Filing # 103302795 E-Filed 02/13/2020 07:40:06 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA CIVIL DIVISION CASE NO.: 2014 CA 003565 MF U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF10 MASTER PARTICIPATION TRUST Plaintiff, VS. THOMAS M. HARRINGTON, et al Defendants. / PLAINTIFF’S MOTION TO AMEND FINAL JUDGMENT OF FORECLOSURE NUNC PRO TUNC COMES NOW, the Plaintiff, U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF10 MASTER PARTICIPATION TRUST, by and through its undersigned counsel, moves this court to amend the Final Judgment to correct Plaintiff's mailing address, nunc pro tunc, pursuant to Florida Rules of Civil Procedure Rule 1.540(b)(1), and as grounds in support there of states as follows: 1 On January 7, 2020, a Final Judgment of Mortgage Foreclosure was entered by this Honorable Court in favor of Plaintiff. Due to a scrivener’s error the Final Judgment had the wrong mailing address for Plaintiff. The correct address for Plaintiff is 13801 WIRELESS WAY, OKLAHOMA CITY, OK 73124. Pursuant to Florida Rules of Civil Procedure 1.540(a) Plaintiff moves to amend the Final Judgment, nunc pro tunc, to correct the clerical error contained in the Plaintiff’ s address. Fla. R. Civ. Pro. 1.540(a) allows for “clerical mistakes in judgments, decrees, or other parts of the record and errors therein arising from oversight or omission may be corrected by the Court at any time.” PH # 46642 Page 1 5. Based on this scrivener’s error, Plaintiff seeks to amend the Final Judgment to reflect the complete and correct Plaintiff’s Address. A copy of the proposed amended Final Judgment is attached hereto as Exhibit “A”. I HEREBY CERTIFY that a true and correct copy of the foregoing motion to was sent via U.S. Mail and/or Email to all parties pursuant to the attached Service List this 13th day of February, 2020 to defendants on the attached service list: Phelan Hallinan Diamond & Jones, PLLC Attorneys for Plaintiff 2001 NW 64th Street, Suite 100 Ft. Lauderdale, FL 33309 Tel: 954-462-7000 Fax: 954-462-7001 Service by email: FL.Service@ PhelanHallinan.com By: /s/ David Gordon Phelan Hallinan Diamond & Jones, PLLC David Gordon, Esq., Florida Bar No. 0115723 PH # 46642 Page 2 Exhibit “‘A”’ IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CIRCUIT CIVIL DIVISION CASE NO.: 2014 CA 003565 MF U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF10 MASTER PARTICIPATION TRUST Plaintiff, v THOMAS M HARRINGTON; TAMARA KAY HARRINGTON; DEER CREEK MASTER HOMEOWNERS' ASSOCIATION INC.; JPMORGAN CHASE BANK, N.A.; TRSTE, LLC, AS TRUSTEE OF OSCEOLA COUNTY BIG BUCK 1951 LAND TRUST; ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER, OR AGAINST THE HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR OTHER CLAIMANTS; UNKNOWN TENANT(S) N/K/A JEFF PANTANJO and UNKNOWN TENANT II N/K/A BRANDI PANTANJO Defendant(s) / AMENDED FINAL JUDGMENT OF FORECLOSURE NUNC PRO TUNC This action was heard before the court. On the evidence presented IT IS ADJUDGED that: 1 Plaintiff, U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF10 MASTER PARTICIPATION TRUST, 13801 WIRELESS WAY, OKLAHOMA CITY, OK 73134, IS DUE: Principal due on the note secured by the mortgage foreclosed $186,756.51 Interest on the note and mortgage from 05/01/2013 to 08/23/2019 $55,977.69 Per diem interest at 4.75% ($ 24.30 per day), from 08/24/2019 to 01/07/2020 $3,329.10 Hazard Insurance $9,366.72 Hazard Insurance for 2014 $329.30 Hazard Insurance for 2015 $1,278.61 Hazard Insurance for 2016 $1,220.81 Hazard Insurance for 2017 $1,975.00 Page | of 7 PH # 46642 Case #: 2014 CA 003565 MF Hazard Insurance for 2018 $2,173.00 Hazard Insurance for 2019 $2,390.00 Taxes $14,450.10 Taxes for 2013 $901.44 Taxes for 2014 $2,235.79 Taxes for 2015 $2,596.68 Taxes for 2016 $2,677.09 Taxes for 2017 $2,891.90 Taxes for 2018 $3,147.20 SUBTOTAL $269,880.12 Additional Costs: Late Charges $0.00 Brokers Price Opinion/Appraisals $709.50 Court Mandated Affidavit $20.00 Document Retrieval $150.00 Filing Cost $999.52 Mediation Filing Cost $150.00 Property Inspections $214.05 Property Preservation $1,995.00 Property Registration $190.00 Recording Cost $14.50 Sale Cost $189.02 Service of Process $440.00 Tax Certification $100.00 Title Search $400.00 SUBTOTAL $275,451.71 Attorney Fees (as detailed in the Affidavit as to Plaintiff's Attorneys fees and Cost and Reasonable Attorney’s Fees) $9,572.08 TOTAL $285,023.79 That shall bear interest at the rate of 6.83% a year. 2. Plaintiff holds a lien for the total sum superior to all claims or estates of defendant(s), on the following described property in OSCEOLA County, Florida: LOT 44, DOE RUN AT DEER CREEK, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN PLAT BOOK 17, PAGES 165 THROUGH 171, INCLUSIVE, OF THE PUBLIC RECORDS OF OSCEOLA COUNTY, FLORIDA. Page 2 of 7 PH # 46642 Case #: 2014 CA 003565 MF Property 1951 BIG BUCK DRIVE address: SAINT CLOUD, FL 34772-8220 If the total sum with interest at the rate described in paragraph land all costs accrued subsequent to this judgment are not paid, the clerk of this court shall sell the property at public sale on May6, 2020, to the highest bidder for cash, except as prescribed in paragraph 4, at the OSCEOLA County Courthouse, Osceola County Courthouse 2 Courthouse Square, Suite 2600/Room Number 2602, Kissimmee, FL 34741 in accordance with Section 45.031, Florida Statutes, using the following method: (CHECK ONE): YM At the above location, beginning at 11:00 AM on the prescribed date. 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 plaintiffs 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. 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. 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 (2013) 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. The Court finds, based upon the affidavit presented and upon inquiry of counsel for the Plaintiff, that fees for Plaintiff's counsel in the amount of $9,572.08 is appropriate. PLAINTIFF'S COUNSEL REPRESENTS THAT THE ATTORNEY FEE AWARDED DOES NOT EXCEED ITS CONTRACT FEE WITH THE PLAINTIFF. The Court finds that there are no reduction or enhancement factors for consideration by the Court pursuant to Florida Patient's Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985). The requested attorney's fees are a flat rate fee and additional litigation fees that the firm's client has agreed to pay in this matter. Page 3 of 7 PH # 46642 Case #: 2014 CA 003565 MF Jurisdiction of this action is retained to enter further orders that are proper including, without limitation, a deficiency judgment, except where a discharge is applicable or where service of process was not personally obtained. 10. The Plaintiff may assign the judgment and/or credit bid by the filing of an assignment without further Order of the Court. ll If, subsequent to the entry of Final Judgment and prior to the sale contemplated in paragraph 3 hereof, the Plaintiff has to advance money to protect its mortgage lien, including but not limited to post judgment advances for properly taxes and insurance, property preservation costs, post judgment attorney's fees and costs and post judgment bankruptcy fees and costs, the Plaintiff or its Attorneys shall certify by affidavit to the Clerk and the amount due to Plaintiff as shown in paragraph | above shall be increased by the amount of such advances for purposes of calculating Plaintiffs credit bid and redemption amount, upon further order of the Court. 12. The Final Judgment is amended Nunc Pro Tunc back to the date of the original final judgment. 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 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 FOR OSCEOLA COUNTY, FLORIDA 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 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 THE NEAREST LEGAL AID OFFICE TO SEE IF YOU QUALIFY FINANCIALLY FOR THEIR SERVICES. IF THEY CANNOT ASSIST YOU, THEY MAY Page 4 of 7 PH # 46642 Case #: 2014 CA 003565 MF BE ABLE TO REFER YOU TO A LOCAL BAR REFERRAL AGENCY OR SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO CONTACT ONE OF THESE SERVICES FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE. ORDERED at Kissimmee, OSCEOLA County, Florida, on this day of , 2020. Circuit Judge cc: copies furnished to the attached mailing list Page 5 of 7 PH # 46642 Case #: 2014 CA 003565 MF SERVICE LIST CASE NO.: 2014 CA 003565 MF THOMAS M. HARRINGTON 105 CRYSTAL CREEK LANE APPLING, GA 30802-3730 TAMARA KAY HARRINGTON 105 CRYSTAL CREEK LANE APPLING, GA 30802-3730 MARTELL & OZIM, P.A. Attn: JASON A. MARTELL, Esq. 213 South Dillard Street Suite 210 Winter Garden, FL 34787 jmartell @ martellandozim.com Attomey for Defendant DEER CREEK MASTER HOMEOWNERS' ASSOCIATION INC. JPMORGAN CHASE BANK, N.A. C/O LEGAL DEPT. 1111 POLARIS PKWY COLUMBUS, OH 43240-2031 OWEN & DUNIVAN, PLLC Attn: Bryant H. Dunivan, Jr., Esq. 615 West De Leon St. Tampa, FL 33606 bdunivan@ owendunivan.com eservice @owendunivan.com mowen @owendunivan.com Attomey for Defendant TRSTE, LLC, AS TRUSTEE OF OSCEOLA COUNTY BIG BUCK 1951 LAND TRUST UNKNOWN TENANT(S) N/K/A JEFF PANTANJO 1951 BIG BUCK DRIVE SAINT CLOUD, FL 34772-8220 UNKNOWN TENANT II N/K/A BRANDI PANTANJO 1951 BIG BUCK DRIVE SAINT CLOUD, FL 34772-8220 PHELAN HALLINAN DIAMOND & JONES, PLLC 2001 NW 64th Street Suite 100 Ft. Lauderdale, FL 33309 Page 6 of 7 PH # 46642 Case #: 2014 CA 003565 MF Service by Email: FL.Service @ PhelanHallinan.com [JJG @954-462-7001] Page 7 of 7 PH # 46642 Case #: 2014 CA 003565 MF SERVICE LIST CASE NO.: 2014 CA 003565 MF THOMAS M. HARRINGTON 105 CRYSTAL CREEK LANE APPLING, GA 30802-3730 TAMARA KAY HARRINGTON 105 CRYSTAL CREEK LANE APPLING, GA 30802-3730 MARTELL & OZIM, P.A. Attn: JASON A. MARTELL, Esq. 213 South Dillard Street Suite 210 Winter Garden, FL 34787 jmartell @ martellandozim.com Attorney for Defendant DEER CREEK MASTER HOMEOWNERS' ASSOCIATION INC. JPMORGAN CHASE BANK, N.A. C/O LEGAL DEPT. 1111 POLARIS PRWY COLUMBUS, OH 43240-2031 OWEN & DUNIVAN, PLLC Attn: Bryant H. Dunivan, Jr., Esq. 615 West De Leon St. Tampa, FL 33606 bdunivan @owendunivan.com eservice@ owendunivan.com. mowen @owendunivan.com Attorney for Defendant TRSTE, LLC, AS TRUSTEE OF OSCEOLA COUNTY BIG BUCK 1951 LAND TRUST UNKNOWN TENANT(S) N/K/A JEFF PANTANJO 1951 BIG BUCK DRIVE SAINT CLOUD, FL 34772-8220 UNKNOWN TENANT II N/K/A BRANDI PANTANJO 1951 BIG BUCK DRIVE SAINT CLOUD, FL 34772-8220 PHELAN HALLINAN DIAMOND & JONES, PLLC 2001 NW 64th Street Suite 100 Ft. Lauderdale, FL 33309 Service by Email: FL.Service @ PhelanHallinan.com [JEF @954-462-7001] PH # 46642 02/09/2020 at 12:36 PM Mailing List