IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PASCO/PINELLAS
COUNTY,
CIVIL DIVISION
Plaintiff(s), REF: ___________________________
UCN: ___________________________
vs.
Defendant(s).
__________________________________/
UNIFORM FINAL JUDGMENT OF
FORECLOSURE
THIS MATTER was heard before the Court on Plaintiff’s Motion for Summary Final Judgment of Foreclosure on ___________ __, 20__. After consideration of all evidence presented, this Court rules as follows:
IT IS ADJUDGED that:
1. Plaintiff has complied with all elements of law and guidelines in procuring a summary foreclosure and has submitted a Certification of Compliance with Foreclosure Procedures in compliance with Administrative Order No. 2008-081 PA/PI-CIR.
2. The following amounts are due and owed to the Plaintiff:
Principal due on the note secured by the mortgage foreclosed: |
$ |
Interest on the note and mortgage from _______to ________ |
$ |
Per diem interest at ___% from _______ to _________ |
$ |
Late charges |
$ |
Escrow advances |
$ |
Title search expenses |
$ |
Taxes for the year(s) of _________ |
$ |
Insurance premiums |
$ |
Court costs: |
$ |
Filing fee |
$ |
Service of process $ ________ per defendant |
$ |
Publication for _______________________ |
$ |
|
|
SUBTOTAL |
$ |
Additional costs |
$ |
|
|
|
|
SUBTOTAL |
$ |
Attorney’s fees based upon ____ hours at $ ______ per hour |
$ |
Less: Undisbursed escrow funds |
$ |
Less: Unearned insurance premiums |
$ |
Less: Miscellaneous deductions or credits |
$ |
|
|
TOTAL SUM |
$ |
3. The total sum in Paragraph 2 shall bear interest from this date forward at the prevailing statutory interest rate of ____ percent.
4. Plaintiff, whose address is ____________________________________________, holds a lien for the total sum specified in Paragraph 2 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 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 and 720.3085, Florida Statutes or ________________________________________________ ________________________________________________________________[describe other surviving lien]. The plaintiff’s lien encumbers the subject property located in Pasco County/Pinellas County, Florida and described as:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
_______________________________________________ (LEGAL DESCRIPTION)
Property Address: _________________________________________________________
________________________________________________________________________
5. If the total sum with interest at the rate described in Paragraph 3 and all costs accrued subsequent to this judgment are not paid, the Clerk of Circuit Court shall sell the subject property at public sale on ______day of ________________, 20___, at 11:00 a.m. to the highest bidder for cash, except as prescribed in Paragraph 6, at the [mark the applicable location]:
First Floor of the
West Pasco Judicial Center, 7530
Little Road, New Port
in an online sale as
specified in the following paragraph
after having first given notice as required by Section 45.031, Florida Statutes. At least three (3) days prior to the sale, Plaintiff must pay the costs associated with the Notice of Publication.
Sales may
be conducted online by the Clerk of Circuit Court for
A sale should not be held in the absence of the Plaintiff's Attorney or other representative. Plaintiff or its attorney may also cancel or postpone the sale by notifying the Clerk of the Court of such cancellation or postponement via a fax sent to the Clerk prior to the sale being conducted.
6. Plaintiff
shall advance all subsequent required costs of this action. Except for publishing costs supported by an
affidavit, reimbursement or credit for such costs shall be by court order based
upon a written motion and adjudication at a hearing with notice. If a 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.
7. If the Plaintiff incurs additional expenses subsequent to the entry of this final judgment but prior to the sale date specified in Paragraph 5 herein, Plaintiff may, by written motion served on all parties and adjudication at a hearing with notice, seek to amend this final judgment to include said additional expenses.
8. On the filing of 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 the plaintiff, less the items paid, plus interest at the rate prescribed in Paragraph 3 from this date to the date of the sale; and by retaining any remaining amount pending further Order of this Court.
9. 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 and the purchaser at sale shall be let into possession of the property. On filing of the Certificate of Sale, defendant’s right of redemption as provided by Section 45.0315, Florida Statutes shall be terminated.
10. The Court finds, based upon the affidavits presented and upon inquiry of counsel for the plaintiff, that _________ hours were reasonably expended by plaintiff’s counsel and that and hourly rate of $________ is appropriate. PLAINTIFF’S COUNSEL CERTIFIES THAT THE ATTORNEY FEE AWARDED DOES NOT EXCEED ITS CONTRACT FEE WITH PLAINTIFF. The Court finds that there are no reduction or enhancement factors for consideration by the Court pursuant to Florida Patient’s Compensation v. Rowe, 427 So.2d 1145 (Fla. 1985).
OR
The Court finds, based upon the
affidavits presented and upon inquiry of counsel for the Plaintiff, that the
flat fee of $_________ is reasonable and appropriate for the Plaintiff's
counsel’s attorney’s fees. The Court finds that there are no reasons for either
reduction or enhancement pursuant to Florida Patient's Compensation Funds v.
Rowe 472 So.2d 1145 (Fla. 1985), and the Court therefore has awarded
reasonable attorney's fees in the amount indicated in Paragraph 2 of this
Judgment.
11. IMPORTANT INFORMATION PROVIDED pursuant to Section 45.031, Florida Statutes:
IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION,
THERE MAY BE ADDITIONAL MONEY FROM THE
IF YOU ARE A SUBORDINATE LIEN HOLDER
CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE
If the property has qualified for the homestead tax exemption in the most recent approved tax roll, also include the following two paragraphs:
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
EITHER THE PINELLAS CLERK OF CIRCUIT COURT AT 315 COURT STREET, CLEARWATER, FL
33756, (727) 464-3267, OR THE PASCO CLERK OF CIRCUIT COURT AT 38053 LIVE OAK
AVENUE, DADE CITY, FL 33523, (352) 521-4517 OR 7530 LITTLE ROAD, NEW PORT
RICHEY, FL 34654, (727) 847-8176 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 A LEGAL SERVICES OFFICE, SUCH AS:
GULFCOAST LEGAL SERVICES, INC., 314 S. MISSOURI AVE., SUITE 109,
CLEARWATER, FL 33756, (727) 443-0657 / COMMUNITY LAW PROGRAM, 501 FIRST AVE N.,
ROOM 511, ST. PETERSBURG, FL 33701 / BAY AREA LEGAL SERVICE, INC., 2600 MARTIN
LUTHER KING, JR. ST N., SUITE 401, ST. PETERSBURG, FL 33704, (727) 490-4040 /
BAY AREA LEGAL SERVICE, INC., 37718 MERIDIAN AVENUE, DADE CITY, FL 33532 (352)
567-9044 / BAY AREA LEGAL SERVICE, INC., 8406 MASSACHUSETTS AVE, STE B-2, NEW
PORT RICHEY, FL 34653, (727) 847-5494 / OR THE FLORIDA BAR’S FLORIDA ATTORNEYS
SAVING HOMES toll-free hot line (866-607-2187) 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 ONE OF THESE SERVICES FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS
POSSIBLE AFTER RECEIPT OF THIS NOTICE.
12. The
Plaintiff may assign the judgment and credit bid by the filing of an assignment
without further Order of the Court.
13. 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.
(ANY ADDITIONAL
PROVISIONS OR MODIFICATIONS TO THIS FINAL JUDGMENT SHOULD BE SET FORTH IN BOLD
TYPE AND CONSECUTIVELY NUMBERED PARAGRAPHS).
14. (Optional) The Mortgage Note is hereby re-established pursuant to Section 673.3091, Florida Statute.
DONE AND
ORDERED, in New Port Richey/Dade City, Pasco County /
St. Petersburg/Clearwater, Pinellas County, Florida on this
________ day of ___________________ 20___.
_____________________________
CIRCUIT JUDGE
Copies furnished to: