You are on page 1of 5
CFN; 20190037174 BOOK 31295 PAGE 2084 DATE:01/18/2019 03:03:53 PM HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY FJUD IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.: 2017-009033-CA-O1 WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR MERRILL LYNCH MORTGAGE INVESTORS TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2005-HE3, Plaintiff, FINAL ORDERS AS TO ALL PARTIES] SRS DISPOSITION ANY PARTY NOT LISTED IN THIS FINAL ORDER} IOR PREVIOUS ORDER(S). THIS CASE el vs. ALEJANDRO DIAZ DE LA PORTILLA; CLAUDIA DAVANT; ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER, AND 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, Defendant(s) IN REM FINAL JUDGMENT OF FORECLOSURE THIS ACTION was tried before the Court at the Non-Jury Trial on January 10, 2019. ‘On the evidence presented. IT IS ORDERED AND ADJUDGED that Plaintiff's Final Judgment is GRANTED against all Defendants listed by name: CLAUDIA DAVANT: ALEJANDRO DIAZ DE LA PORTILLA. 1. Amounts Due and Owing, Plaintiff is due: Principal due on the note secured by the mortgage $359,798.96 foreclosed: Interest on the note and mortgage from May 1, 2012 to $174,820.99 January 10, 2019 Inspections $835.00 Property Preservation $806.50 16-299409 - DaW Page 1 of 5 CFN; 20190037174 BOOK 31295 PAGE 2085 Legal Fees $22,690.81 Title Update: $120.00 «Filing Fees: $1,994.01 © Lis Pendens: $17.00 # Service of Process: $546.30 Publication: $245.00 Paid Attorney Hourly: $8,320.50 Paid Flat Fee: $2,415.00 ‘+ Remaining Legal Fees: $9,033.00 Hazard Insurance $49,366.00 2018: $11,293.00 2017: $9,423.00 2016: $9,130.00 2015: $9,809.00 2014: $9,935.00 2013: $9,970.00 2012: 10,447.00 2011: $8,779.00 Credits: ($29,420.00) Taxes $15,602.00 2018: $3,083.49 2017: $3,044.78 2016: $3,053.93 2015: $3,082.85 2014: $3,112.95 2013: $3,056.17 2012: $2,990.47 2011: $5,073.28 Credits: ($10,895.92) Attomeys’ Fees Finding as to reasonable number of hours: 55.4 Finding as to reasonable hourly rate: $215.00 Total Attomey Hourly Fees: $11,911.00 Outstanding Attorney Hourly Fees: $3,590.50 Total Flat Fee: $3,450.00 Outstanding Flat Fee: $1,035.00 Outstanding Attorneys’ Fee Total: $4,625.50 SUBTOTAL $628,545.76 GRAND TOTAL $628,545.76 2. Interest. The grand total amount referenced in Paragraph I shall bear interest from this date forward at the prevailing legal rate of 6.09% a year. 3, Lien on Property. Plaintiff, whose address is c/o Nationstar Mortgage L1.C d/b/a Mr. Cooper, 8950 Cypress Waters Blvd., Coppell, TX 75019, holds alien for the grand total sum 46-230409 - DaW Page 2 of 5 CFN; 20190037174 BOOK 31295 PAGE 2086 superior to all claims or estates of the defendant(s) on the following described property located in Miami Dade County, Florida: LOT 22, BLOCK 2, OF AMENDED PLAT OF ADELE HEIGHTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, AT PAGE 54, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. Property Address: 1519 SW 19TH ST, MIAMI, FL 33145-2825 4. Sale of Property. Ifthe grand total amount with interest at the rate described in Paragraph 2 and all costs accrued subsequent to this judgment are not paid, the Clerk of the Courts shall sell the subject property at public sale. Pursuant to Administrative Order 09-18, the Clerk of the Courts for the Eleventh Judicial Cireuit is authorized to conduct on-line public auctions of real property in lieu of on-site auctions. The Clerk of the Courts shall conduct the sale nlipe at www.miamidade.realforeclose.com commencing at 9:00 A.M. 0 B MU a [32019 wo the highest bidder for cash. 799 My e 4. rm b 5. Co iff shall advance all subsequent costs of this action and shall be reimbursed for them by the Clerk if plaintiff is not purchaser of the property for sale, provided, however, that the purchaser of the property for sale shall be responsible for documentary stamps affixed to the certificate of ttle. If plaintiff is the purchaser, the Clerk shall credit plaintiff's ‘id 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 6. Distribution of Proceeds. 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 the plaintiff's costs; Second, documentary stamps affixed to the Certificate; 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 2 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. Upon filing of 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, except as t0 claims or rights under Section 45.01315, Florida Statutes (2013) shall be terminated, except fas to claims under Chapter 718 or Chapter 720, Fla, Stat., ifany. Upon filing of the Certificate of Title, the person named on the Certificate of Title shall be let into possession of the property, subject to tenant protections in compliance with the provisions of Section 83.561, Fla. Stat. (2015). 8, Attorneys’ Fees. The requested attomey's fee includes a flat rate fee that the firm's client has agreed to pay in tis matter. Additionally, the court finds based upon the affidavits presented and upon inquiry of counsel forthe plaintiff, that 55.40 hours were reasonably expended by plaintiff's counsel and that an hourly rate of $215.00 is appropriate. PLAINTIFT'S COUNSEL CERTIFES THAT THE ATTORNEY FEE AWARDED DOES NOT EXCEED ITS CONTRACT FEE WITH THE, PLAINTIFF. The Court finds that there are no reduction 16-239409 - Daw Page 3 of 5