IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT

IN AND FOR PASCO/PINELLAS COUNTY, FLORIDA

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 submitted a Certification of Compliance with Foreclosure Procedures in compliance with Administrative Order No. 2009-065 PA/PI-CIR or any subsequent Administrative Order.

2. VALUE OF CLAIM: At the initiation of this action, in accordance with section 28.241(1)(a)2.b., Florida Statutes (effective for actions filed on and after June 1, 2009), Plaintiff estimated the amount in controversy of the claim to be $__________________. In accordance with section 28.241(1)(a)2.c., Florida Statutes, the Court identifies the actual value of the claim to be $___________________. For any difference between the estimated amount in controversy and the actual value of the claim that requires the filing fee to be adjusted, the Clerk shall adjust the filing fee. In determining whether the filing fee needs to be adjusted, the following graduated filing fee scale in section 28.241(1)(a)2.d., Florida Statutes, controls:

$400	Value of claim less than or equal to $50,000 with 5 defendants or less
$905	Value of claim greater than $50,000 but less than $250,000 with 5 defendants or less
$1,905	Value of claim $250,000 or greater with 5 defendants or less

If an excess filing fee was paid, the Clerk shall provide a refund of the excess fee. If an additional filing fee is owed, the Plaintiff shall pay the additional fee prior to the judicial sale. If any additional filing fee owed is not paid prior to the judicial sale, the Clerk shall cancel the judicial sale without further order of the Court.

ATTACHMENT B – UNIFORM FINAL JUDGMENT OF FORECLOSURE

3. 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	$

4. The total sum in Paragraph 3 shall bear interest from this date forward at the prevailing statutory interest rate of ____ percent.

5. Plaintiff, whose address is ____________________________________________, holds a lien for the total sum specified in Paragraph 3 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: ______________________________________________________________

_____________________________________________________________________________

6. If the total sum with interest at the rate described in Paragraph 4 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 7, in the following location: [mark the applicable location]:

St. Petersburg Judicial Building, 545 First Avenue North, St. Petersburg, Florida 33701

Clearwater Courthouse, 315 Court Street, Clearwater, Florida, 33756

Pasco County Courthouse, 38053 Live Oak Avenue, Dade City, Florida, 33523

West Pasco Judicial Center, 7530 Little Road, New Port Richey, FL 34654

In an online sale at www.pasco.realforeclose.com [mark this box for all sales in Pasco

County on or after November 1, 2009]

In an online sale at [insert internet address and mark this box if the Pinellas Clerk of the

Circuit Court implements online sales]

after having first given notice as required by section 45.031, Florida Statutes. Plaintiff must pay the costs associated with the Notice of Publication at least three (3) days prior to the sale, or have arranged for publication of the Notice.

The Clerk shall not hold a sale in the absence of the Plaintiff's Attorney or other representative, except for an online sale. 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 completed.

7. 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.

8. If the Plaintiff incurs additional expenses subsequent to the entry of this final judgment but prior to the sale date specified in Paragraph 6 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.

9. 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 4 from this date to the date of the sale; and by retaining any remaining amount pending further Order of this Court.

10. 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, except as provided in the Protecting Tenants at Foreclosure Act of 2009 Pub. L. No. 111-22, 123 Stat. 1660. On filing of the Certificate of Sale, defendant’s right of redemption as provided by section 45.0315, Florida Statutes shall be terminated.

11. 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 3 of this Judgment.

12. 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 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 LIEN HOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS.

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) 464-7000, 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.

13. The Plaintiff may assign the judgment and credit bid by the filing of an assignment without further Order of the Court.

14. 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).

15. (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

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