Final Judgment Of Foreclosure

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.: Plaintiff, vs. Defendant(s). ___________________________ FINAL JUDGMENT OF FORECLOSURE (Pursuant to Administrative Order 09-09) THIS ACTION was heard before the Court on Plaintiff's Motion for Summary Final Judgment on _____________________, 20_____. On the evidence presented, IT IS ORDERED AND ADJUDGED that: 1. The Plaintiff's Motion for Summary Judgment is GRANTED. Service of process has been duly and regularly obtained over Defendants: ____________________ ______________________________________________________________. Amounts Due. There is due and owing to the Plaintiff the following: Principal due on the note secured by the mortgage foreclosed: Interest on the note and mortgage from ________ to _______ Per diem interest at _________% from ________to ________ Title search expenses Taxes for the year of ________________ Insurance premiums Court Costs: Filing fee Service of Process at $___________ per defendant Publication for ________________________________ $_________ $_________ $_________ $_________ $_________ $_________ 2. $_________ $_________ $_________ $_________ SUBTOTAL Additional Costs: ________________ ________________ ________________ SUBTOTAL $_________ $_________ $_________ $_________ American LegalNet, Inc. www.FormsWorkFlow.com Attorney fees based upon _____ hours at $________ per hour Less: Undisbursed escrow funds Less: Unearned insurance premiums GRAND TOTAL 3. 4. $_________ $_________ $_________ $_________ Interest. The grand total amount referenced in Paragraph 2 shall bear interest from this date forward at the prevailing legal rate of interest. Lien on Property. Plaintiff, whose address is ___________________________ ______________________________________, holds a lien for the grand 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 Florida Statutes, Section 718.116. The plaintiff's lien encumbers the subject property located in Miami Dade County, Florida and described as: (LEGAL DESCRIPTION) Property address: __________________________________________________ 5. Sale of Property. If the grand total amount with interest at the rate described in Paragraph 3 and all costs accrued subsequent to this judgment are not paid, the Clerk of the Court shall sell the subject property at public sale on _____________, 20___, to the highest bidder for cash, except as prescribed in Paragraph 6, at: [] [] Room 908, 140 West Flagler Street, Miami, Florida at 11:00 a.m. www.miamidade.realforeclose.com, the Clerk's website for on-line auctions at 9:00 a.m. after having first given notice as required by Section 45.031, Florida Statutes. 6. Costs. 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. 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. The Clerk shall receive the service charge imposed in Section 45.031, Florida Statutes, for services in making, recording, and certifying the sale and title that shall be assessed as costs. Right of Redemption. On filing of the Certificate of Sale, defendant's right of redemption as proscribed by Florida Statutes, Section 45.0315 shall be terminated. American LegalNet, Inc. www.FormsWorkFlow.com 7. 8. 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. During the sixty (60) days after the Clerk issues the certificate of disbursements, the Clerk shall hold the surplus pending further Order of this Court. Right of Possession. Upon 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, subject to the provisions of the "Protecting Tenant At Foreclosure Act of 2009." Attorney Fees. 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 an hourly rate of $__________ 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). NOTICE PURSUANT TO AMENDMENT TO SECTION, 45.031, FLA. ST. (2006) 9. 10. 11. 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 LIEN HOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN SIXTY (60) DAYS AFTER THE SALE. IF YOU FAIL TO FILE A 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, 140 WEST FLAGLER STREET, ROOM 908, MIAMI, FLORIDA (TELEPHONE: (305) 375-5943), 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. American LegalNet, Inc. www.FormsWorkFlow.com IF YOU DECIDE TO SELL YOUR HOME OR