Uniform Final Judgment Of Foreclosure

Page 1 of 7 Uniform Final Judgment of Foreclosure IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CIRCUIT CIVIL DIVISION Plaintiff(s), : CASE NO. v. GENERAL CIVIL DIVISION: Defendant(s). / UNIFORM FINAL JUDGMENT OF FORECLOSURE (Effective July 22, 2019) THIS ACTION was heard before the court on p Final Judgment on , 20. Based on the evidence presented and being otherwise fully informed in the premises, IT IS ADJUDGED that: 1. Service of process has been duly and regularly obtained over , defendants. 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 addi tional filing fee is owed, the p laintiff 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. American LegalNet, Inc. www.FormsWorkFlow.com Page 2 of 7 Uniform Final Judgment of Foreclosure 3. Amounts Due. There is due and owing to 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 o $% from t Late Charges $ Escrow Advances $ Title search expenses $ xeTaes for the yar(s) of $ Insurance premiums $ Court Costs: Filing fee $ Service of Process at $ per defendant $ Publication for $ SUBTOTAL $ Additional Expenses, Fees and Costs: $ $ $ $ SUBTOTAL $ Attorney fees total: $ Less: Undisbursed escrow funds $ Less: Unearned insurance premiums $ Less: Miscellaneous deductions or credits $ TOTAL SUM $ 4. Interest. The total sum referenced in Paragraph 3 shall bear interest from this date forward at the rate of interest set forth in section 55.03, Florida Statutes. 5. Lien on Property. 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 or 720.3085, American LegalNet, Inc. www.FormsWorkFlow.com Page 3 of 7 Uniform Final Judgment of Foreclosure Florida Statutes. P encumbers the subject property located in Hillsborough County, Florida and described as: (LEGAL DESCRIPTION) Property Address: 6. Sale of Property. 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 the Court shall sell the subject property to the highest bidder for cash at public sale on , 20, at 10:00 A.M. after having first given notice as required by section 45.031, Florida Statutes. The judicial sale will be conducted electronically online at the following website: http://www.hillsborough.realforeclose.com. At least three (3) days prior to the sale, plaintiff must pay the costs associated with the Notice of Publication. The party or their attorney shall be responsible for preparing, in accordance with section 45.031(2), Florida Statutes, and submitting the Notice of Sale to a legal publication. The original Notice of Sale and Proof of Publication must be filed with the Clerk of the Circuit Court at least 24 hours prior to the scheduled sale date. 7. Court Costs. Plaintiff shall advance all subsequent required 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 p with interest and costs accruing subsequent to this judgment, or such part of it, as is necessary to pay the bid in full. 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. Additional Expenses, Fees and Costs. If, subsequent to the entry of this final judgment, but prior to the actual sale date of the property, plaintiff incurs additional expenses, fees or costs to protect its interest in the property after entry of this judgment including, but not limited to, real estate taxes, hazard insurance, property preservation, or other necessary costs, plaintiff may, by written motion served on all parties, seek to amend this final judgment to include such additional expenses, fees and costs. Such additional expenses, paid from the distribution of proceeds of the sale. A motion to amend the final judgment to include additional expenses, fees and costs must be filed not later than 15 days after entry of the judgment, pursuant to Florida Rule of Civil Procedure 1.530(g). American LegalNet, Inc. www.FormsWorkFlow.com Page 4 of 7 Uniform Final Judgment of Foreclosure 9. 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 p documentary stamps affixed to the Certificate, unless the property is purchased by a third party bidder; third, p fourth, the total sum due to the plaintiff in Paragraph 3, 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 amountpending further Order of this court. 10. Right of Redemption / Right of Possession. 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, 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. 11. . If a default judgment has been entered against the mortgagor Because a default judgment has been entered against the mortgagor and because the fees requested do not exceed 3% of the principal amount owed at the time the complaint was filed, it is not necessary for the If no default judgment has been entered against the mortgagor The court finds, based upon the affidavits presented and upon inquiry of counsel for the plaintiff, that hours were reasonably expended by p counsel and that an hourly rate of COUNSEL CERTIFIES 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 , 472 So. 2d 1145 (Fla. 1985). If the fees to be awarded are a flat fee The client has agreed to pay in this matter. Given the amount of fee requested and the labor expended, the court finds that a lodestar analysis is not necessary and that the flat fee is reasonable. 12. Claims to Surplus Funds/Proceeds. A. Generally 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.