Item P10 P.10
BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
August 21, 2019
Agenda Item Number: P.10
Agenda Item Summary #5863
BULK ITEM: Yes DEPARTMENT: Code Compliance
TIME APPROXIMATE: STAFF CONTACT: Steve Williams (305) 289-2584
N/A
AGENDA ITEM WORDING: Authorization to initiate litigation against Deutsche Bank National
Trust Company, as trustee for the Pooling and Servicing Agreement relating to Impac Secured
Assets Corp., Mortgage Pass-Through Certificates, Series 2004-2 and their property, a duplex
located at 16-18 Palm Drive, Key Largo Florida, to seek compliance with the County Code and
enforce the lien(s) arising from Code Compliance Case No. CE16100015.
ITEM BACKGROUND:
This property has been the subject of a code compliance case for failure to hook up to central sewer.
The fines total $76,200.00 as of July 25, 2019 and will continue to accrue at $100 per day until
compliance is achieved. Current costs incurred by staff are $948.52 and continue to accrue.
CE16100015: The Special Magistrate found the property in violation and ordered a compliance date
of June 22, 2017. The property owner did not gain compliance by the deadline ordered by the
Special Magistrate and the fine began to accrue and a lien was recorded on June 27, 2017. A Lis
Pendens by the mortgagee was recorded April 20, 2018 and the County was NOT named as a
defendant. Subsequently a Certificate of Title was filed in the Official Records of Monroe County
for this property,passing title to DEUTSCHE BANK NATIONAL TRUST COMPANY, as trustee
for the POOLING AND SERVICING AGREEMENT RELATING TO IMPAC SECURED
ASSETS CORP., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-2. A hearing
was held on June 27, 2019 and the Special Magistrate granted a motion for new final order and
imposition of lien, and authorized foreclosure and/or money judgment proceedings by the County
and a lien was recorded on June 28, 2019.
The code case remains open for non-compliance and failure to pay outstanding fines and costs.
The property is not homesteaded
Under the policy adopted in Resolution 057-2014 the available legal options in regard to the
County's lien on this property are:
1. Initiate litigation against the property owner for injunction, foreclosure, money judgment and
writ of execution;
Packet Pg. 1855
P.10
2. Allow the liens to remain against the property owner, the subject property and any other
property owned by the property owner; and/or
3. Reduce the amount of the fines.
County staff recommends initiating litigation (option 1) against the property owner for injunction,
foreclosure, money judgment and writ of execution.
PREVIOUS RELEVANT BOCC ACTION:
Approval of Resolution No. 057-2014 on March 19, 2014 adopting"ATTACHMENT A" as
Procedure to be used after a Final Order has been rendered by the Code Compliance Special
Magistrate to initiate injunctive relief for non-compliant properties, foreclosure and/or money
judgment actions for collection of unpaid fines and/or costs from a property owner.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: APPROVAL
DOCUMENTATION:
CURRENT PRC 16 & 18 PALM CE16100015
SUPPORT DOC AIS CE16100015
057-2014 Resolution Collections Letter-Non Compliant
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted: YES
Source of Funds: BUDGETED
CPI:
Indirect Costs: 2500.00
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
Packet Pg. 1856
P.10
08/21/19 148-50001 - GROWTH MGMT ADMIN $2,500.00
BUDGETED
REVIEWED BY:
Cynthia McPherson Completed 07/26/2019 1:34 PM
Steve Williams Completed 07/29/2019 10:33 AM
Bob Shillinger Completed 08/02/2019 10:22 AM
Assistant County Administrator Christine Hurley Completed
08/05/2019 8:29 AM
Kathy Peters Completed 08/05/2019 11:06 AM
Board of County Commissioners Pending 08/21/2019 9:00 AM
Packet Pg. 1857
gPublic.net - Monroe County, FL P.1O.a
t"` Monroe County, FL
Disclaimer
The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of
fulfilling its responsibility to secure a just valuation for ad valorem tax purposes of all property within the County.The
Monroe County Property Appraiser's office cannot guarantee its accuracy for any other purpose.Likewise,data provided
regarding one tax year may not be applicable in prior or subsequent years.By requesting such data,you hereby understand
and agree that the data is intended for ad valorem tax purposes only and should not be relied on for any other purpose.
By continuing into this site you assert that you have read and agree to the above statement.
Summary
Parcel ID 00565740-000000
Account# 1692832
Property lD 1692832
Millage Group 500K
Location Address 18 PALM or,KEY LARGO
Legal Description BK 6 LT 11 GULFSTREAM SHORES KEY LARGO 13133-61 OR485-93 ORW-395 OR860-1306
OR1251-144 OR1251-146 OR2947-2332 LU
Neighborhood 2013
Property Class MULTI FAMILY LESS THAN 10 UNITS(0800)
Subdivision GULFSTREAM SHORES
Sec/Twp/Rng 29/60/40 co
Affordable No LU
Housing
f p
M
LU
Owner LO
DEUTSCHE BANK NATIONAL TRUST COMPANY
C/O OCWEN LOAN SERVICING LLC
5720 Premier Park Dr
West Palm Beach FL 33407
LU
Valuation f>
20ie 2017 2016 201!
+ Market Improvement Value $247,330 $247,330 $206,400 $211,90
+ Market Misc Value IL
$0 $0 $0 $I
00
+ Market Land Value $93,750 $93,750 $91,875 $80,62!
= Just Market Value $341,080 $341,080 $298,275 $292,52! 06
= Total Assessed Value $341,080 $341,080 $298,275 $292,52!
School Exempt Value ($25,000) ($25,000) $0 $(
_ School Taxable Value $316,080 $316,080 $298,275 $292,524,
Land
LU
Land Use Number of Units Unit Type Frontage Depth
MULTI RES DRY(080D) 7500.00 Square Foot 75 100 M
Buildings �
BuIldinglD 31229 ExterlorWalls C.B.S.
Style Year Built 1987
BulldingType M.F.-R2/R2 EffectiveYearBullt 1989 (0
Gross SgFt 4839 Foundation CONC PILINGS
Finished SgFt 2150 Roof Type GABLE/HIP
Stories 1Floor Roof Coverage ASPHALTSHINGL
Condition AVERAGE Flooring Type CONC S/B GRND
Perimeter 186 Heating Type NONEwithO%NONE
Functional Obs 0 Bedrooms 4
Economic Obs 0 Full Bathrooms 4
Depreciation% 35 Half Bathrooms 0
Interlor Walls PLASTER Grade 500
Number of Fire PI 0
Code Description Sketch Area FlnishedArea Perimeter
CPF CARPORTFIN 2,150 0 0
FLA FLOOR LIVAREA 2.150 2,150 0
OUF OP PRCH FIN UL 510 0 0
PTO PATIO 29 0 0
TOTAL 4,839 Z150 0
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Sales
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved
2/7/2019 $100 Certificate of Title 2205188 2947 2332 11-Unqualified Improved
3/1/1993 $145,000 Warranty Deed 1251 146 Q-Qualified Improved
8/1/1982 $14,000 Warranty Deed 860 1306 Q-Qualified Vacant
9/1/1981 $12,000 Warranty Deed 844 395 Q-Qualified Vacant
2/1/1971 $1,900 Conversion Code 485 93 Q-Qualified Vacant
View Tax Info
View Taxes for this Parcel
Sketches(click to enlarge)
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Photos
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BEFO' THE COUNTY CODE COMPLIANCE SP. .AL MAGISTRATE
MONROE COUNTY,FLORIDA
Filed 2128874 ed in Official Records M f
MONROE COUNTY FLORIDA, MONROE COUNTY KEVIN MiiD0X
Petitioner, DocM 2128874
6kp 2861 Pgp 1526
VS.
JSETH HERMAN Case No.: CE16100015
Respondent(s). Subject Property Real Estate Number: 00565740-000000
FINAL ORDER
Having fully considered the evidence presented at hearing,including testimony of the Code Compliance Inspector(s)and/or witnesses
under oath,the following Findings of Fact and Conclusions of Law are ORDERED:
The Respondent(s)and/or Authoriz resentative
were ere n present and did id no ontest the violation(s)set forth in the Notice of Violation/Notice of Hearing which is co
incorporataTherein as if fully set fo
(✓) The Respondent(s)is/are the owner(s)of property located within Monroe County and wastwere duly noticed of the hearing.
(✓) The Respondent(s)is/are in violation of the Monroe County Code(s)as fully set forth in the Notice of Violation/Notice of Hearing
served upon the Respondent(s).
( ) ONE-TIME FINE-The violation(s)is found to be irreparable or irreversible and a one-time fine of$ a
is ORDERED,payable within days of this Order. LO
(✓) COSTS-Pursuant to Section 162.07(2)of Florida Statutes all costs incurred by the County in prosecuting the case is ordered to
be paid within thirty(30)days of compliance. Costs will continue to accrue until compliance is achieved and the case is
closed.
(✓) The Respond ((ss)shall comply with the Code(s)referred to in the Notice of Violation/Notice of Hearing on or before
("THE COMPLIANCE DATE').
(,) In the event the violation(s)were or are not corrected on the compliance date previously ordered or on the compliance date
set forth herein,fine(s)in the dollar amount:
20.78.(a) $ 400.00
for each day BEGINNING ON THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s)Ware in violation is/are
hereby ORDERED.
(r/) It is further ordered,that the County is hereby authorized to make all reasonable repairs including demolition which are required (n
to bring the property into compliance and charge the Respondent(s)with the cost of repairs incurred by the County,the costs of
prosecution incurred by the County and any fines Ordered in this matter.
( ) The Respondent(s)were in violation of the MONROE COUNTY CODE(S)as fully set forth in the Notice of Violation/Notice of
Hearing filed in this case and did not come into compliance on or before THE COMPLIANCE DATE but are now in compliance.
The Respondents)shall pay the total amount of cost and/or fines($ 1 to
Monroe County Code Compliance within thirty(30)days of this Order.
( } Other:
Pagel
https:Hor.monroe-clerk.com/LandmarkWeb//Document/GetDocumentForPrintPNG/?request=AQ Packet Pg. 1861
P.10.b
In the event of nonpayment of fit,.. and/or costs imposed on Respondent(s), a certified copy of this Order may be recorded in the
public records and shall thereafter constitute a lien against the land on which thhe violation or violations exist and upon any other real or
personal property owned by the violator. The County may institute foreclosure proceedings N the lien remains unpaid for three months
and/or may sue to recover money)'udgment for the amount of the lien plus accrued interest. Please make checks payable to Monroe
County Code Compliance and mail to: Monroe County Code Compliance, Attn:Office of the Liaison, 2798 Overseas Hwy., Suite 330,
Marathon,FL 33050.
IT IS THE RESPONDENTS RESPONSIBILITY TO RE VEST A REINSPECTION TO DETERMINE WHETHER THE PROPERTY IS
COMPLIANT OD MPkNgt,AT 130)453-8806 FOR FOR TRE MIDb[Z
KEYS; (305) THE LOWER KEYS
DATED this L30 774 day of &2L:. i ,2017
aningham,Special Magistrate iF
APPEAL PROCEDURES
Respondent(s) shall have 30 days from the date of the foregoing Order of the Special Magistrate to appeal said Order by
filing a Notice of Appeal, signed by the Respondent(s).ANY AGGRIEVED PARTY, INCLUDING MONROE COUNTY, MAY U
HAVE APPELLATE RIGHTS WITH REGARD TO THIS ORDER PURSUANT TO SECTION 162.11, FLORIDA STATUTES.
ANY SUCH APPEAL WILL BE LIMITED TO APPELLATE REVIEW OF THE RECORD CREATED BEFORE THE SPECIAL
cc
MAGISTRATE,ANY APPEAL MUST BE FILED WITH CIRCUIT COURT WITHIN 30 DAYS OF THE EXECUTION OF THIS
ORDER.
DOCZI 2128874
CERTIFICATE OF ORDER
Bkq 2861 PSN 1527
I reby certify that this is true and correct copy of the above Order.
LO
Nicole M. Petrick, Liaison
CASE NUMBER: CE16100015 �s
Respondent(s)mailing address of record with the Monroe County Property Appraiser's Office:
SETH HERMAN
18 PALM DR
KEY LARGO, FL 33037
Location of subject property:
16 AND 18 PALM OR
KEY LARGO, FL 33037
Real Estate Number: 00565740-000000
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of this Order has been furnished to the Respondent(s) via hand delivery/first
class U,S. mail to Respondent(s) address of record with the Monroe County Property Appraiser's Office as referenced
above and/or Authorized Representative /VIA on this s T day of
Ala rcA . 20 17
Nicole M. Petrick, Liaison
MONROE COUNTY
OFFICIAL RECORDS
Page 2
https:Hor.monroe-clerk.com/LandmarkWeb//Document/GetDocumentForPrintPNG/?request=AQAA Packet Pg. 1862
P.10.b
BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE
JOHN G. VAN LANINGHAM
MONROE COUNTY, FLORIDA
MONROE COUNTY FLORIDA, )
Petitioner, )
VS. ) Case No.: CE16100015 iF
SETH HERMAN, )
�s
Respondent(s). )
ORDER AUTHORIZING FORECLOSURE �s
A Final Order was entered in this matter and was thereafter recorded as a lien. The lien has remained
unpaid for at least 3 months from the date of the Order. Therefore,it is hereby ORDERED that the office a
LO
It-
of the Monroe County Attorney may institute foreclosure and/or money judgment proceedings to recover
the amount of the lien plus accrued interest.
nd
DONE AND ORDERED this gal day of / 2018, at the Marathon �s
Government Center, Marathon,Florida.
�s
John i am
Speci e
a.
a.
CERTIFICATE OF ORDER (n
I hereby certify that this is a true and correct copy of the above Order.
Nicole M. Petrick, Liaison
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of this Order has been furnished to the Respondent(s) via
hand delivery/first class U.S. mail to Respondent(s) address of record w/the Monroe County Property
Appraiser's Office as referenced above and/or Authorized Representative,
on this aG day of re_6rAta-/ , 2018.
Nicole M. Petrick, Liaison
Packet Pg. 1863
P.10.b
BEFORE THE, CODE COMPLIANCE SPECIAL MAGISTRATE
JOHN VAN LANINGHAM
MONROE COUNTY,FLORIDA
MONROE COUNTY,FLORIDA, )
Petitioner, )
VS. ) CASE NO.: CE16100015
SETH HERMAN, )
Respondent(s). ) iF
)
NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND/OR MONEY JUDGMENT
PROCEEDINGS & NOTICE OF HEARING �s
Petitioner Monroe County will move the Monroe County Code Compliance Special Magistrate, pursuant to CO
F.S. 162.09(3),to authorize foreclosure and/or money judgment proceedings on the Code Compliance Final Order/Lien g3
in this case, which was recorded in the Official Records of Monroe County on 06/27/17, Book 2861, Page 1526 on
the property that was the subject of the code compliance action described as: 16 AND 18 PALM DR KEY LARGO, a—
MONROE COUNTY, FLORIDA, RE#00565740000000 , and upon any and all other real and/or personal propertyIt-
you own. The current outstanding amount of the County's lien as of Jan 04, 2018 is $20,040.19 (fines and costs)
to
It-
which continue to accrue and increase until the case is compliant and closed. This motion will be considered on W
February 22, 2018 at the Marathon Government Center, 2798 Overseas Highway, EOC Meeting Room at 9:00 a.m., 0
Marathon,FL 33050.
L.J 0
a.
Steven T.Williams a.
Assistant County Attorney M
1111 12t'Street Suite 408
Key West,Florida 33040
(305)292-3470
Fla. Bar No.: 0740101
CERTIFICATE OF SERVICE
I hereby certify that on this day of , 2018 a copy of the foregoing was furnished to
Respondent(s) via Certified Mail, Return Receipt Request No-70I e:5 1-130 M00 y9 02 3 oy3 to
31 OCEAN REEF DR PMB 315 #C-101 KEY LARGO,FL 330 _ -
Code Complianc De�rtment
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this
proceeding,please contact the County Administrator's Office,by phoning(305)2924441,between the hours of 8:30 a.m.-5:00 p.m.,no
later than ten(10)calendar days prior to the scheduled meeting;if you are hearing or voice impaired,call"71111.
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P.10.b
County o r e
The Florida Keys
Code Compliance Department • Board of County Commissioners
2798 Overseas Highway Mayor David Rice,District 4
Marathon,Florida 33050 Mayor Pro Tern Sylvia Murphy,District 5
Voice:(305)289-2810 Danny Kolhage,District 1
FAX: (305)289-2858 George Neugent,District 2
Heather Carruthers,District 3
SETH HERMAN
31 OCEAN REEF DR
PMB 315 #C-101
KEY LARGO FL 33037
Jan 04,2018
Subject: Code Case: CE16100015
Location: 16 AND 18 PALM DR KEY LARGO,FL 33037
Dear Property Owners,
This letter is to inform you that Monroe County, Florida has imposed a lien(s) against your property as a result of LO
the above referenced code compliance actions. This lien is a lien on the property that was the subject of the code
compliance action and upon any and all other real and/or personal property you own.
w.
purpose gapprovalB�ode,C p '
Please take notice that a Pgbl s i ir�tpl;+ " o pwp A#w�Special M on F�btuar
22,201 . The u ose of this hearing is to consider to initiate collection proceedings, (complaint for (n
foreclosure and/or money judgment).
Our records indicate that the violations remain on your property and the fines will continue to run until the property
comes into compliance. If you have achieved compliance, please contact your Code Inspector at the appropriate
location:
Lower Keys: 5503 College Road, Suite 204 cn
Key West,FL 33040 (305)292-4495
Middle Keys: 2798 Overseas Highway, Suite 330 E
Marathon, FL 33050 (305)289-2810
Upper Keys: 102050 Overseas Highway
Key Largo,FL 33037 (305)453-8806
Additionally,pursuant to F.S. §162.07(2),the County is entitled to recover all costs incurred in prosecuting the case
and those costs are included in the lien authorized under F.S. §162.09(3). These costs will continue to accrue until
the violations are corrected and the case is closed.
Respectfully yours,
Kathleen Windsor
Sr. Code Compliance Research Analyst
Windsor-kathleen@i-nonroecounty-fl.gov
Packet Pg. 1865
P.10.b
CODE COMPLIANWE DEPARTMENT
REGISTERED ;MAIL
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Elal:u 2165222 04/20/2018 12:57FM
Fi.lud 8 Recorded in Official Records qaf
NONRO11 COUNTY KEVIN MADOK
EIMM 2165222
Mkt? 2902 PgN 1034
era
DEUTSCHE BANK NATIONAL TRUST IN THE CIRCUIT COURT OF THE
COMPANY, AS TRUSTEE UNDER THE SIXTEENTH JUDICIAL CIRCUIT IN AND
POOLING AND SERVICING FOR MONROE COUNTY, FLORIDA
AGREEMENT RELATING TO IMPAC GENERAL JURISDICTION DIVISION
SECURED ASSETS CORP., MORTGAGE CASE NO.
PASS-THROUGH CERTIFICATES, SERIES , L
2004-2,
Plaintiff, NOTICE OF LIS PENDENS
vs.
SETH HERMAN; UNKNOWN SPOUSE OF
SETH HERMAN; CITIBANK,N.A., .per rn
SUCCESSOR IN INTEREST TO M= O
CITIBANK,FEDERAL SAVINGS BANK; MCI o 0
ANY AND ALL UNKNOWN PARTIES u
CLAIMING BY,THROUGH, UNDER,AND
AGAINST THE HEREIN NAMED ;^' u
INDIVIDUAL DEFENDANT(S) WHO ARE Cn -�
NOT KNOWN TO BE DEAD OR ALIVE, '
WHETHER SAID UNKNOWN PARTIES
MAY CLAIM AN INTEREST ASa.
SPOUSES,HEIRS,DEVISEES,
GRANTEES,OR OTHER CLAIMANTS,
Defendants.
TO: THE DEFENDANTS NAMED ABOVE AND ALL OTHERS TO WHOM IT MAY
CONCERN:
Y
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PAGE 1
17-076228
Packet Pg. 1867
P.10.b
1. YOU ARE HEREBY NOTIFIED of the institution of this action by the Plaintiff against you
seeking to foreclose a note and mortgage encumbering the following described real property
in Monroe County, Florida, in Official Records Book 1992, Page 2218.
LOT 11, BLOCK 6, OF GULLFSTREAM SHORES, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 3, AT PAGE 61 , OF THE PUBLIC
RECORDS OF THE MONROE COUNTY,FLORIDA.
-A/K/A 16 PALM DR,KEY LARGO,FL 33037
Including the buildings and appurtenances located thereon. iF
Dated this day of APR 04 20
ROBERTSON,ANSCHUTZ & SCHNEID, P.L.
Attorney for Plaintiff Cioi:p 2165222
SkIl 2W2 Pgp 1035
6409 Congress Ave., Suite 100
Boca Raton,FL 33487
Telephone: 561-241-6901 �s
Facsimile: 561-997-6909
Service Email: mail@rasflaw.com
LO
By: d6
[ ] Jonathan Meisels,Esq., Florida Bar No. 29235, Email Address:j.meisels@rasflaw.com
[ ] Melissa Konick,Esq.,Florida Bar No. 17569, Email Address:mkonick@rasflaw.com
[VK Wendy Manswell, Esq.,Florida Bar No. 12027,Email Address: wmanswell@rasflaw.com
[ ] Tiffanie Waldman,Esq., Florida Bar No. 86591,Email Address: twaldman@rasflaw.com
[ ] Can Guner,Esq.,Florida Bar No. 20931, Email Address: cguner@rasflaw.com
[ ] Gweneth Brimm, Esq.,Florida Bar No. 727601, Email Address: gbrimm@rasflaw.com
[ ] Shannon Dobel,Esq.,Florida Bar No. 126299, Email Address: sdobel@rasflaw.com
(n
11014ROI':i COUNTY
OFFICIML RECORDS
A
PAGE 2
17-076228
Packet Pg. 1868
i P.10.b
t
`o IN THE FLORIDA COURT OF THE SIXTEENTH
N� JUDICIAL CIRCUIT OF FLORIDA IN AND FOR
MONROE COUNTY
�o GENERAL JURISDICTION DIVISION
CASE NO: l 8-CA-000262-P
NwZ
m oW DEUTSCHE BANK NATIONAL TRUST
T"." COMPANY,AS TRUSTEE UNDER THE
TqV
T POOLING AND SERVICING AGREEMENT
of RELATING TO IMPAC SECURED ASSETS
I
Mau CORR,MORTGAGE PASS-THROUGH
N.eo CERTIFICATES, SERIES 2004-2,
QMo Plaintiff,
I&
�s
Vs.
ro
SETH HERMAN; UNKNOWN SPOUSE OF
SETH HERMAN; CITIBANK,N.A., �!�
SUCCESSOR IN INTEREST TO CITIBANK,
FEDERAL SAVINGS BANK;ANY AND ALL ,
UNKNOWN PARTIES CLAIMING BY, �?
{ THROUGH,UNDER,AND AGAINST THE
HEREIN NAMED INDIVIDUAL
DEFENDANT(S)WHO ARE NOT KNOWN TO
m BE DEAD OR ALIVE,WHETHER SAID / to
UNKNOWN PARTIES MAY CLAIM AN (� W
Wd INTEREST AS SPOUSES,HEIRS,DEVISEES, ��
Cn
GRANTEES, OR OTHER CLAIMANTS,
win
NNDefendant(s).
US a
I
CONSENT FINAL JUDGMENT OF FORECLOSURE
Cn
IS ACTION was tried before the Court at the Non-Jury Trial on October 16, 2018. On
the evidence presented. IT IS ORDERED AND ADJUDGED that Plaintiffs Final Judgment is
GRANTED against all Defendants listed by name: SETH HERMAN; UNKNOWN SPOUSE 0
OF SETH HERMAN; CITIBANK,N.A., SUCCESSOR IN INTEREST TO CITIBANK,
FEDERAL SAVINGS BANK;
1. Amounts Due.Plaintiff,DEUTSCHE BANK NATIONAL TRUST COMPANY,AS
TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT RELATING TO
IMPAC SECURED ASSETS CORP., MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2004-2,whose address is c/o Ocwen Loan Servicing, LLC, 1661 Worthington Road,
Suite 100,West Palm Beach, FL 33409, is due:
17-076228-RoK
Pagel of 4
Packet Pg. 1869
Y P.10.b
4,
. aoo
�o
�n
Principal $237,963.59 �N
6 Interest to date of this judgment: October 16,2018 $90,661.45 in o
Escrow Advance $51,449.02 1
Late Charges $1,192.08 In O1
Inspections $603.00 m
Property Appraisals $327.00 N
SUBTOTAL $3 82,196.14
Attorneys'Fees:
Finding as to reasonable number of hours: 10.00
Finding as to reasonable hourly rate: $215.00
Flat Fee: $3,450.00
Attorneys' Fee Total: $5,600.00
Court Costs, now taxed: W
Filing Fee: $1,971.68
Service of Process: $620.00
Lis Pendens: $10.00 co
SUBTOTAL $390,397.82
Less: Suspense Balance ($1.89)
TOTAL SUM $390,395.93
That shall bear interest at a rate in accordance with section 55.03(3), Florida Statute LO
2. Lien on Property. Plaintiff holds a lien for the total sum superior to all claims or estates of
defendant(s), on the following described property in Monroe County,Florida:
LOT 11,BLOCK 6, OF GULFSTREAM SHORES,ACCORDING (n
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3,AT
PAGE 61 , OF THE PUBLIC RECORDS OF THE MONROE
COUNTY,FLORIDA.
Property Address: 16 PALM DR, KEY LARGO,FL 33037 a.
a.
3. Sale of Property. If the total sum with interest at the rate described in paragraph 1 and all (n
costs accrued subsequent to this judgment are not paid,the Clerk of this Court shall sell the
property at public sale on the a3 day of-,T4wq.,Q,y ,20Lt,to the highest bidder
for cash, except as prescribed in paragraph 4, at the courthouse located at 302 FLEMING
STREET,KEY WEST, FL 33040 in Monroe County, Florida, in accordance with section
45.031, Florida Statutes(2013),using the following method:
N 88820 Overseas Highway,Plantation Key,FL 33050 beginning at 11:00 AM
4. 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,provided,however,
that the purchaser of the property for sale shall be responsible for the documentary stamps
17-076228-RoK
Page 2 of 4
Packet Pg. 1870
t P.10.b
payable on the certificate of title. If plaintiff is the purchaser,the clerk shall credit plaintiffs We
bid with the total sum with interest and costs accruing subsequent to this judgment,or such a i
4 part of it as is necessary to pay the bid in full. �F
5. Distribution of Proceeds.On filing the certificate of title the clerk shall distribute the c
proceeds of the sale, so far as they are sufficient, by paying: first, all of plaintiffs costs; a
second,documentary stamps affixed to the certificate;third,plaintiffs attorneys' fees; - CO
w
fourth, the total sum due to plaintiff, less the items paid,plus interest at the rate prescribed in 41
paragraph 1 from this date to the date of the sale; and by retaining any remaining amount
pending the further order of this court.
± 6. 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 W
redemption as prescribed by section 45.0315, Florida Statues (2013) shall be terminated,
except as to claims or rights under chapter 718 or chapter 720,Florida Statutes,if any. Upon
L the filing of the certificate of title, the person named on the certificate of title shall be let into co
possession of the property.
7. Attorneys' Fees.The Court finds,based upon the affidavits presented and upon inquiry of
counsel for the Plaintiff, that the flat fee of$3450.00 is reasonable and appropriate for the
Plaintiffs counsel's attorney's fees. Furthermore, the Court finds, based upon the affidavits LO
presented and upon inquiry of counsel for the Plaintiff,that 10.00 hours were reasonably
expended by Plaintiffs counsel and that and hourly rate of$215.00 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
reasons for either reduction or enhancement pursuant to Florida Patient's Compensation
j' Funds v. Rowe, 472 So. 2d 1145 (Fla. 1985), and the Court therefore has awarded reasonable
attorneys fees in the amount indicated in paragraph 1 of this Judgment.
Jurisdiction Retained.Jurisdiction is reserved over this action to enforce the Final a.
Judgment and to enter further orders that are proper including,without limitation,an a.
award of attorney's fees and costs,writs of possession, orders granting leave to file (n
supplemental and/or amended pleadings to add additional parties,and orders resolving
any disputes with respect to assessments and/or other amounts allegedly due associations.
Jurisdiction is further retained to enforce a separate Consent and Stipulation to Entry of 0
Final Judgment of Foreclosure agreement that was entered into between the Plaintiff and
Defendant Seth Herman which is Incorporated but not merged herein and which includes
without limitation a waiver of deficiency against Defendant,Seth Herman.
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.
17-076226-RoK
j Page 3 of 4
1
!i
i
Packet Pg. 1871
�...
P.10.b
I'
mc�
xo
an
IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS a
ON
REMAINING AFTER THE SALE,YOU MUST FILE A CLAIM WITH THE CLERK uA
NO LATER THAN 60 DAYS AFTER THE SALE.IF YOU FAIL TO FILE A CLAIM, �a
YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. ;O1
ORDERED at�T,MONROE COUNTY, FLO day`of" ;''
HO E PRESIDIN
COPIES FURNISHED TO: w
ROBERTSON,ANSCHUTZ&SCHNEID,P.L.
ATTORNEYS FOR PLAINTIFF co
6409 CONGRESS AVE., SUITE 100 m
BOCA RATON, FL 33487 (s
PRIMARY EMAIL: MAIL@RASFLAW.COM
S.ALAN JOHNSON&ASSOCIATES LO
S.ALAN JOHNSON, ESQ. CD
�TTORNEY FOR SETH HERMANCD
C/O S. ALAN JOHNSON&ASSOCIATES
11932 FAIRWAY LAKES DRIVE w
FORT MYERS,FL 33913 (s
PRIMARY EMAIL: SERVICE@SAJLAW.COM
,AJN MOWN SPOUSE OF SETH HERMAN
31 OCEAN REED DR#315
KEY LARGO, FL 33037
�ITIBANK,N.A., SUCCESSOR IN INTEREST TO CITIBANK,FEDERAL SAVINGS
�/BANK
701 EAST 60TH STREET NORTH E
SIOUX FALLS, SD 57104
f110
1 Ire
17-076228-RoK
Page 4 of 4 MONROE COUNTY
OFFICIAL RECORDS
Packet Pg. 1872
P.10.b
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL
CIRCUIT IN AND FOR MONROE COUNTY,FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. 18-CA-000262-P Filed a�eo Re83 corded i�2Of 2ciat Records o
EVIN MADOK
DEUTSCHE BANK NATIONAL TRUST COMPANY,AS MONROE COUNTY K „
TRUSTEE UNDER THE POOLING AND SERVICING
AGREEMENT RELATING TO IMPAC SECURED ASSETS Bkp 32200318833p 2
CORP.,MORTGAGE PASS-THROUGH CERTIFICATES,
25
LO
SERIES 2004-2;
Plaintiff,
VS.
SETH HERMAN,et al.
Defendant(s). - r— -
ry
CERTIFICATE OF SALE `�c� �"
The undersigned clerk of the court certifies that notice of public salathe per}}
described in the order or final judgment was published in THE KEY WPT CITIgN,§3
newspaper circulated in MONROE County, Florida, in the manner shown by the proof Of
LO
publication attached, and on _ the property was offered for
public sale to the highest and best bidder for cash. The highest and best bid received for the
property in the amount of$ I�Q — was submitted by � '1�5��e to
whom the property was sold. The proceeds of the sale are retained for distribution in accordance
with the order or final judgment or law. / g,
WITNESS my hand and the seal of this court on ,2019. c/
13
Kevin Madok,CPA
As Clerk of the Court �Au�te cas
By.
as
As Deputy Clerk •
.
6.
IIIIIINNIII�II�INIIIIIIIUIQII�II NIII NIIINII�NIIIIuaIIIln�q�111111�IIIIIIU NIIII��IVIIIIII
PAGE 1
17.076228-DaM
https:Hor.monroe-clerk.com/LandmarkWeb//Document/GetDocumentForPrintPNG/?request=A Packet Pg. 1873
P.10.b
IN THE CIRCUIT" COURT OF THE
SIXTEENTH JUDICIAL CIRCUIT IN AND
FOR MONROE COUNTY, FLORIDA
Doca 2205188 02/07/2019 11:25AM
Filed & Recorded in Official Records of
MONROE COUNTY KEVIN MADOK
CASE NO. 44-2018-CA-262-P
DEUTSCHE BANK NATIONAL TRUST COMPANY.AS TRUSTEE UNDER THE POOLING AND
SERVICING AGREEMENT RELATING TO IMPAC SECURED ASSETS CORP.,MORTGAGE PASS-
THROUGH CERTIFICATES. SERIES 2004-2 02/97/2019 11:25AM —
plaintiff DEED DOC STAMP CL: Brit i0.70
VS.
SETH BERMAN,et,al. OocN 2205188
8kN 2947 PNiN 2332 W
Defendant
CERTIFICATE OF TITLE
The undersigned Clerk of the Court certifies that he or she executed and filed a Certificate
of Sale in this action JanuarY23,2019 for the property described herein and that no objections
to the sale have been filed within the time allowed for filing objections. LO
The following property in Monroe County, Florida:
SEE ATTACHED LEGAL DESCRIPTION
was sold to: DEUTSCHE BANK NATIONAL TR UST COMPANY AS YI? E UNDER THE
POOLING AND SERVICING AGREEMENT RELATING T AC SECURED U
ASSETS CORP MORTGAGE PASS-THROUGH CER_T_IFIC S. SERIES 2004-2
C/O OCWENLOANSERVICING, LLC
5720 PREMIER PARK DRIVE a.
WEST PALM BEACH FL 33407
WITNESS MY HAND AND SEAL of this Court on February 7,2019 =_
KEVIN MADOK,
Clerk oft theCourtr-
By..
COURN Deputy Clerk
,.�'�cuio�•.
Bid$ 100.00 • ' t •
Packet Pg. 1874
P.10.b
kp2947 pp2
333
LOT 11,BLOCK 6,OF GULFSTREAM SHORES,ACCORDING TO THE
Lo
PLAT THEREOF AS RECORDED IN PLAT BOOK 3,AT PAGE 61 ,OF
THE PUBLIC RECORDS OF THE MONROE COUNTY,FLORIDA.
to
a/k/a 1.6 PALM DR KEY LARGO,FL 33037It-
�s
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Lo
to
�s
a.
a.
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r
MONROE COUNTY
OFFICIAL RECORDS
Packet Pg. 1875
P.10.b
IN THE CIRCUIT COURT OF THE
SIXTEENTH JUDICIAL CIRCUIT IN AND
FOR MONROE COUNTY, FLORIDA
OocN 2207687 02/21/2019 2:36PM
Filed & Recorded in Official Records of
MONROE COUNTY KEVIN MADOK
CASE NO. 44-2018-CA-262-P
DEUTSCHE BANK NATIONAL TRUST COMPANY.AS TRUSTEE UNDER'THE POOLING AND
SERVICING AGREEMENT RELATING TO IMPAC SECURED ASSETS CORP. MORTGAGE PASS-
THROUGH CERTIFICATES. SERIES 2004-2'
LO
Plaintiff
CD
CD
VS. CD
SETH BERMAN et al.
Defendant
'\
AMENDED CERTIFICATE OF TITLE RWun(ci-ac
The undersigned Clerk of the Court certifies that he or she executed and filed a Cirp. cate a r.
of Sale in this action January 23. 2019 for the property described herein and that no obj�ons v
to the sale have been filed within the time allowed for filing objections. LO
It-
DocN 2207687 CD
The following property in Monroe County, Florida: BkN 29W PgN 289CD
SEE ATTACHED LEGAL DESCRIPTION
was sold to: DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRU UNDER THE
POOLING AND SERVICING AGREEMENT RELATING T I AC SECURED
ASSETS CORP MORTGAGE PASS-THROUGH CERTFEECT&S. SERIES 2004-2
CIO OCWEN LOAN SERVICING LLC
5720 PREMIER PARK DRIVE
WEST PALM BEACH FL 33407
(n
WITNESS MY HAND AND SEAL of this Court on February 21. 2019 v
KEVIN MADOK,
lerk of th Court
By:
Deputy Clerk 4 ON"?.�
•ti��a cwo`�•
Bid Amount$100.00 •:
' 4✓
Packet Pg. 1876
P.10.b
OocN 2207667
Bkp 2930 P9N 290
LOT 11,BLOCK 69 OF GULFSTREAM SHORES,ACCORDING TO THE
PLAT THKREOF AS RECORDED IN PLAT BOOK 39 AT PAGE 619 OF
THE PUBLIC RECORDS OF THE MONROE COUNTY,FLORIDA.
a/k/a 16 PALM DR KEY LARGO,FL 33037.
�s
�s
Lo
co
�s
�s
(n
MONROE COUNTY
OFFICZqL RECORDS
Packet Pg. 1877
P.10.b
Windsor-Kathleen
From: Dastugue-Laurie
Sent: Monday, February 4, 2019 8:15 AM
To: Windsor-Kathleen
Cc: Williams-Steve
Subject: RE: SETH HERMAN 18-CA-262-P ce16100015
You're right,the bank never served the County.
From:Windsor-Kathleen
Sent:Saturday,February 2,201912:46 PM
To: Dastugue-Laurie<Dastugue-Laurie@MonroeCounty-FL.Gov>
Cc:Williams-Steve<Williams-Steve@MonroeCounty-FL.Gov>
Subject:SETH HERMAN 18-CA-262-P ce16100015 LU
Hi Laurie,
I think Deutsche Bank totally missed us on this foreclosure. Can you look and tell me what you think and if anyone was
ever noticed in your office? LU
Thank you.
Kathleen Windsor, CFId
LU
FEMA Certified Floodplain Manager
Monroe County Sr. Code Compliance Research Analyst LO
2798 Overseas Highway
Marathon FL 33050
Phone: 305-289-2586
windsor-kathleen @ monroecounty-fl.gov
LU
Please note: Florida has a very broad public records law. Most written communications to or from the County
regarding County business are public record, available to the public and media upon request. Your e-mail
communication may be subject to public disclosure.
a.
a.
(n
t
Packet Pg. 1878
�\ P.10.b
BRIEF FOR CE16100015— MOTION FOR FINAL ORDER 6/27/19 v, �-1/'
Monroe County Code Compliance V/ //Kathleen Windsor,
Subject Property— 16— 18 Palm Drive Key Largo - Sewer•
• As a result of this case a lien was recorded in the Official Records on June 27, 2017 in the name
of Seth Herman.
• A Lis Pendens by the mortgagee was recorded April 20, 2018 and the County was NOT named
as a defendant.
• Subsequently a Consent Final Judgment of Foreclosure was granted and the Certificate of Title
was filed in the Official Records of Monroe County for this property, passing title to DEUTSCHE
iF
BANK NATIONAL TRUST COMPANY, as trustee for the POOLING AND SERVICING
AGREEMENT RELATING TO IMPAC SECURED ASSETS CORP., MORTGAGE PASS-
THROUGH CERTIFICATES, SERIES 2004-2, on February 7, 2019.
�s
• It is the County's position the County's lien recorded at June 27, 2017 remains intact and
enforceable to this property. Additionally, it is the County's position that the violation runs with
the land, and the daily fines continue to accrue.
• On May 24, 2019 research reveals that the violations remain and the fines continue to accrue
$100.00 per day, therefore a NOTICE OF MOTION FOR NEW FINAL ORDER AND
IMPOSITION OF LIEN, NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND/OR LO
MONEY JUDGMENT PROCEEDINGS & NOTICE OF HEARING for a hearing on June 25, 2019
was mailed May 24, 2019 certified mail to the address on Certificate of Title.
• Return receipt was signed on May 28, 2019.
�s
As of June 25, 2019, the daily fine of 100.00 had accrued for 732 days for a total of 73,200.00
Costs to date are $771.57
The County is asking for:
1) A new Final Order dated March 30, 2017 to include the current respondent's name of
DEUTSCHE BANK NATIONAL TRUST COMPANY, and,
2) The new Final Order is to be immediately filed in the official records of Monroe County, Florida as
a lien.
3) Authorizing further foreclosure and/or money judgment proceedings on the Final Order/Lien in this
case which was recorded in the Official Records of Monroe County on June 27, 2017, Book 2861,
Page 1526 on the property that is the subject of the code compliance action described as: 16 AND
18 PALM DR KEY LARGO, MONROE COUNTY, FLORIDA, RE# 00565740000000.
BRIEF FOR NEW ORDER LIEN AND COLLECTIONS DEUTSCHE CE16100015
Packet Pg. 1879
P.10.b
BEFORE THE CODE COMPLIANCE SPECIAL.MAGISTRATE
JOHN VAN LANINGHAM
MONROE COUNTY,FLORIDA
MONROE COUNTY,FLORIDA, )
Petitioner, )
VS. ) CASE NO.: CE16100015
DEUTSCHE BANK NATIONAL TRUST COMPANY, )
Respondent(s). )
NOTICE OF MOTION FOR NEW FINAL ORDER AND IMPOSITION OF LIEN. iF
NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND/OR MONEY JUDGMENT
PROCEEDINGS & NOTICE OF HEARING.
U
Petitioner Monroe County by and through the undersigned Assistant County Attorney, will move the Monroe
County Code Compliance Special Magistrate on Thursday June 27, 2019 at 9:00 a.m. or as soon thereafter as can be
heard for an Order: 1) Amending the respondent's name set forth on the Final Order dated March 30, 2017, and 2)
Authorizing the amended order to be immediately filed as a Lien. The current respondent's name is DEUTSCHE
BANK NATIONAL TRUST COMPANY, as trustee for the POOLING AND SERVICING AGREEMENT
RELATING TO IMPAC SECURED ASSETS CORP., MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2004-2, and 3) Pursuant to F.S. 162.09(3), authorizing further foreclosure and/or money judgment
proceedings on the Final Order/Lien in this case which was recorded in the Official Records of Monroe County on
June 27, 2017, Book 2861, Page 1526 on the property that is the subject of the code compliance action described as:
16 AND 18 PALM DR KEY LARGO, MONROE COUNTY, FLORIDA, RE#00565740000000. This motion will
be considered on June 27,2019 at the Marathon Government Center,2798 Overseas Highway,EOC Meeting Room at
9:00 a.m.,Marathon,FL 33050. -
.Uj0.
Steven T.Williams (n
Assistant County Attorney
III 1 12t'Street Suite 408
Key West,Florida 33040
(305)292-3470
Fla. Bar No.: 0740101
CERTIFICATE OF SERVICE
I hereby certify that on this Olay of M , 20199 a copy of the foregoing was furnished to
Respondent(s) via Certified Mail,Return Receipt Requell No. 101 B60 •000A 1531 fa Icy to
5720 PREMIER PARK DR WEST PALM BEACH,FL 33407.
. or pow i
C e ComJp nce artme
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this
proceeding,please contact the County Administrator's Office,by phoning(305)292-4441,between the hours of 8:30 a.m.-5:00 p.m.,no
later than ten(10)calendar days prior to the scheduled meeting;if you are hearing or voice impaired,call"711".
Packet Pg. 1880
P.10.b
County of Moinroe
The Florida Keys
Code Compliance Department Board of County Commissioners
2798 Overseas Highway Mayor Sylvia J.Murphy.District 5
Marathon,Florida 33050 Mayor Pro Tern Danny L. Kolhage.Dist. I
Voice:(305)289-2810 Michelle Coldiron,District 2
FAX: (305)289-2858 Heather Carruthers.District 3
40 David Rice.District 4
DEUTSCHE BANK NATIONAL TRUST COMPANY
c/o OCWEN LOAN SERVICING,LLC
5720 PREMIER PARK DR iF
WEST PALM BEACH FL 33407
May 24, 2019 W
Subject: Code Case: CE16100015
Location: 16 AND 18 PALM DR KEY LARGO
Dear Property Owners,
Our records indicate that there is an open code case and unsatisfied lien on this property which you purchased on a
January 23, 2019. Additionally,Monroe County has imposed a lien(s) against your property as a result of the LO
above referenced code compliance actions. The current outstanding amount of the County's lien as of May 24,
2019 is$70,771.57 (fines and costs)which continue to accrue and increase until the case is compliant and closed.
Please take notice that a Piihwl 14eann9mm be c6n606 b►the Code Compliance pecial'M4etrate o4 June 27
20 ,. The purpose of this hearing is to consider approval to initiate collection proceedings, (complaint for 0
foreclosure and/or money judgment).
This code case is the result of the failure to connect to the central sewer system and decommissioning any on-site
disposal system. Our records indicate that the violations remain on your property and the fines will continue to run
until the property comes into compliance.
Additionally,pursuant to F.S. §162.07(2),the County is entitled to recover all costs incurred in prosecuting the case (n
and those costs are included in the lien authorized under F.S. §162.09(3). These costs will continue to accrue until
the violations are corrected and the case is closed.
If you have achieved compliance,please contact Inspector Christopher Grant at(305) 295-4343, or
Grant-Christopher@inonroecounty-fl.gov
Respectfully yours,
Kathleen Windsor
Sr. Code Compliance Research Analyst
Windsor-kathleen@monroecounty-fl.gov
Packet Pg. 1881
P.10.b
MONROE COUNTY FLORIDA
CODE COMPLIANCE DEPARTMENT
REGISTERED A
-RECEIP"T"rS
Com laint Number:
CEF� W015
CERT #:
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o ❑caaww waa pAwm w om..r $ Hero , ti
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Packet Pg. 1882
P.10.b
Doc#2226736 Bk#2972 Pg#1430 Recorded 6/28/2019 at 3:46 PM Pages 4
Filed and Recorded in Official Records of MONROE COUNTY KEVIN MADOK
REC:$35.50
BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE
JOHN G. VAN LANINGHAM
MONROE COUNTY,FLORIDA
MONROE COUNTY FLORIDA, )
Petitioner, )
VS. ) Case No.: CE16100015
DEUTSCHE BANK NATIONAL TRUST COMPANY, )
AS TRUSTEE UNDER THE POOLING AND SERVICING )
AGREEMENT RELATING TO EMPAC SECURED ASSETS )
CORP.,MORTGAGE LASS-THROUGH CERTIFICATES, )
SERIFS 2004.2, ) (n
Respondent(s). )
ORDER AUTHORIZING A NEW FINAL ORDER AND ORDER AUTHORIZING LO
RECORDING OF THE ORDER AS A LIEN AND ORDER A ORIZING FURTHE
FORECLOSURE ACTIONS
On June 27, 2019 Petitioner,Monroe County,moved the Monroe County Code Compliance
Special Magistrate for a Final Order in the name of current owners. Petitioner Monroe County
("County")was represented by Steven T.Williams,Esquire,Assistant County Attorney. Respondent
was not present and did not submit any evidence for review.
Having fully considered the evidence presented at hearing,the following is hereby ORDERED: (n
1)A new Final Order dated March 30, 2017 to include the current respondent's name of
c
DEUTSCHE BANK NATIONAL TRUST COMPANY,et al,and,
2)The new Final Order is to be immediately filed in the official records of Monroe County,
Florida as a lien.
3) Authorizing further foreclosure and/or money judgment proceedings on the Final Order/Lien
in this case which was recorded in the Official Records of Monroe County on June 27, 2017,Book
2861,Page 1526 on the property that is the subject of the code compliance action described as: 16
AND 18 PALM DR KEY LARGO,MONROE COUNTY,FLORIDA,RE#00565740000000.
https:Hor.monroemclerk.com/LandmarkWeb//Document/GetDocumentForPrintPNG/?request=AQ Packet Pg. 1883
P.10.b
Doc.#2226736 Page Number: 2 of 4
DONE AND ORDERED this ,, �T"4da of �p 20 P, at the Marathon
Government Center,Marathon,Florida.
John anm
Special
LO
APPEAL PROCEDURES w
Respondent(s) shall have 30 days from the date of the foregoing Order of the Special Magistrate to
appeal said Order by filing a Notice of Appeal, signed by the Respondent(s). ANY AGGRIEVED
PARTY, INCLUDING MONROE COUNTY, MAY HAVE APPELLATE RIGHTS WITH REGARD
TO THIS ORDER PURSUANT TO SECTION 162.11,FLORIDA STATUTES.ANY SUCH APPEAL
WILL BE LIMITED TO APPELLATE REVIEW OF THE RECORD CREATED BEFORE THE
SPECIAL MAGISTRATE. ANY APPEAL MUST BE FILED WITH CIRCUIT COURT WITHIN 30
DAYS OF THE EXECUTION OF THIS ORDER. a
LO
CERTIFICATE OF ORDER
I hereby certify that this is a true and correct copy of the above Order.
Nicole M.Petrick,Liaison
CERTIFICATE OF SERVICE
a.
I hereby certify that a true and correct copy of this Order has been furnished to the Respondent(s) via a.
hand delivery/fast class U.S. mail to Respondent(s) address of record w/the Monroe County Property
Appraiser's Office as referenced above and/or Authorized Representative
/1-/,a on this "day of s afro- ,20��
Nicole M.Petrick,Liaison
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BEFORE THE COUNTY CODE COMPLIANCE SPECIAL MAGISTRATE
MONROE COUNTY,FLORIDA
MONROE COUNTY FLORIDA,
Petitioner,
Vs.
DEUTSCHE BANK NATIONAL TRUST COMPANY, Case No.: CE16100015
AS TRUSTEE UNDER THE POOLING AND SERVICING
AGREEMENT RELATING TO IMPAC SECURED ASSETS iF
CORP.,MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2004-2,
Respondent(s). Subject Property Real Estate Number. 00565740-000000
FINAL ORDER
Having fully considered the evidence presented at hearing,including testimony of the Code Compliance Inspectors)and/or witnesses
under oath,the following Findings of Fact and Conclusions of Law are ORDERED:
The Res ondent(s)and/or Authorize resentative
were/ ere nobaresent and did/ d notrontest the violations)set forth in the Notice of Violation/Notice of Hearing which is
incorporate—UTerein as If fully set a
LO
The Respondent(s)is/are the owners)of property located within Monroe County and was/were duly noticed of the hearing.
(� The Respondent(s)istare In violation of the Monroe County Code(s)as fully set forth in the Notice of Molation/Notice of Hearing
served upon the Respondent(s).
( ) ONE-TIME FINE-The violations)is found to be Irreparable or irreversible and a one-time fine of$
is ORDERED,payable within days of this Order.
(� COSTS-Pursuant to Section 162.07(2)of Florida Statutes all costs incurred by the County in prosecuting the case Is ordered to
be paid within thirty(30)days of compliance. Costs will continue to accrue until compliance is achieved and the case is
closed.
(� The Respond nt js s all comply with the Code(s)referred to in the Notice of Vlolation/Notice of Hearing on or before
17
(THE COMPLIANCE DATE'.
( f) In the event the violation(s)were or are not corrected on the compliance date previously ordered or on the compliance date
set forth herein,fine(s)in the dollar amount:
20.78.(a) $ 140.60 M
for each day BEGINNING ON THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s)islare in violation is/are
hereby ORDERED.
(� It is further ordered,that the County is hereby authorized to make all reasonable repairs including demolition which are required 0
to bring the property into compliance and charge the Respondent(s)with the cost of repairs incurred by the County,the costs of
prosecution Incurred by the County and any fines Ordered in this matter.
( ) The Respondent(s)were In violation of the MONROE COUNTY CODES as fully set forth In the Notice of Violation/Notice of
Hearing filed in this case and did not come into compliance on or before 1HE COMPLIANCE DATE but are now in compliance.
The Respondents)shall pay the total amount of cost and/or fines($ )to
Monroe County Code Compliance within thirty(30)days of this Order.
( ) Other:
P
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In the event of nonpayment of fines and/or costs Imposed on Respondent(s), a certified copy of this Order may be recorded in the
public records and shall thereafter constitute a lien against the land on which tthhe violation or violations exist and upon any other real or
personal property owned by the violator.The County may institute foreclosure proceedings if the lien remains unpaid for three months
and/or may sue to recover money fudgment for the amount of the lien plus accrued interest. Please make checks payable to Monroe
County Code Compliance and mail to: Monroe County Code Compliance,Attn:Office of the Liaison, 2798 Overseas Hwy.,Suite 330,
Marathon, FL 33050.
IT IS THE RESPONDENTS RESPONSIBILITY TO REQUEST A REINSPECTION TO DETERMINE WHETHER THE PROPERTY IS
COMPLUNT—BY CALLINGCOD 305 3 6 F R PP EY 289-2810 FOR THE MIDDLE
KEYS:(305129 FOR THE LOWER KEYS.
DATED this _day of 1[,LAe ,2017
hn G.Van gham, p MagistrateCD
CD
CD
APPEAL PROCEDURES
Respondent(s) shall have 30 days from the date of the foregoing Order of the Special Magistrate to appeal said Order by
filing a Notice of Appeal, signed by the Respondent(s).ANY AGGRIEVED PARTY, INCLUDING MONROE COUNTY, MAY
HAVE APPELLATE RIGHTS WITH REGARD TO THIS ORDER PURSUANT TO SECTION 162.11, FLORIDA STATUTES.
ANY SUCH APPEAL WILL BE LIMITED TO APPELLATE REVIEW OF THE RECORD CREATED BEFORE THE SPECIAL
MAGISTRATE.ANY APPEAL MUST BE FILED WITH CIRCUIT COURT WITHIN 30 DAYS OF THE EXECUTION OF THIS
ORDER.
CERTIFICATE OF ORDER
I hereby certify that this i a true and correct copy of the above Order. LO
Nicole Petrick, Liaison
CASE NUMBER: CE16100015
�s
Respondent(s)mailing address of record with the Monroe County Property Appraiser's Office:
DEUTSCHE BANK NATIONAL TRUST COMPANY
C/O OCWEN LOAN SERVICING LLC
5720 PREMIER PARK DR
WEST PALM BEACH,FL 33407 W
Location of subject property:
16 AND 18 PALM DR
KEY LARGO, FL 33037
Real Estate Number: 00565740-000000
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of this Order has been furnished to the Respondent(s) via hand delivery/first
class U.S. mail to Respondent(s) address of record withh the Monroe County Property Appraiser's Office as referenced
above and/or Authorized Representative on this day of
201.
Nicole Petrick, Liaison
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