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Item C36 C36 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5 Michelle Lincoln,District 2 James K.Scholl,District 3 m' David Rice,District 4 Board of County Commissioners Meeting September 20, 2023 Agenda Item Number: C36 2023-1497 BULK ITEM: Yes DEPARTMENT: Social Services TIME APPROXIMATE: STAFF CONTACT: Sheryl Graham N/A AGENDA ITEM WORDING: Approval to write-off a $45,000 SHIP Second Mortgage that was executed on July 29, 2005, recorded on August 8, 2005, as Document# 1533654, Book 2140, Page 831 of the public records of Monroe County, Florida, secured by the property located at Lot 45, Block 7, Sugarloaf Key, Florida, 33042, due to a foreclosure. ITEM BACKGROUND: First Mortgagee, TIB Bank, filed a foreclosure action on February 3, 2009 and the SHIP Mortgage position was not protected since there was not sufficient equity to allow for financial recovery. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: BACKUP RODRIGUEZ G & C RECD SHIP MORTG.pdf BACKUP RODRIGUEZ FINAL JUDGEMENT OF FORECLOSURE TIB BANK.pdf BACKUP RODRIGUEZ G & C LIS PENDEN .pdf RODRIGUEZ RESOLUTION TO WRITE OFF LIEN $ 5000 Final 09 01 2023.pdf RODRIGUEZ G C RELEASE OF MORTGAGE.pdf FINANCIAL IMPACT: N/A 1924 FILE# 410590140 THIS MORTGAGE IS GIVEN TO MONROE COUNTY AND IS SUBJECT TO PAYMENT OF DOCUMENTARY STAMP TAXATION PURSUANT TO FLORIDA STATUE 420.513 THIS IS A BALLOON MORTGAGE WHERE THE PRINCIPAL BALANCE DUE UPON MATURITY IS $45,000.00, TOGETHER WITH ACCRUED INTEREST, IF ANY, AND ALL ADVANCEMENTS MADE BY THE MORTGAGE UNDER THE TERMS OF THIS SECOND MORTGAGE. C SECOND MORTGAGE (Due on Sale, Refinancing or Rental) COUNTY OF MONROE SHIP LOAN PROGRAM This second mortgage is made this July 29, 2005, between the Mortgagor, GEORGE & CHRISTINE RODRIGUEZ, a married couple, (herein the "Borrower,") and the Mortgagee, the COUNTY OF MONROE, an agency and instrumentality of the State of Florida, whose address is Monroe County Courthouse, 500 Whitehead Street, Key West, Florida 33040 (herein the "Lender.") WHEREAS, the Borrower has applied to TIB Bank of the Keys ("Participant") for a loan for the purchase of the Property (as defined herein,) which Mortgage Loan shall be secured by a First Mortgage lien (the "First Mortgage") in favor of Participant. The Borrower has applied to the County of Monroe Special Programs Office for a SHIP Program Loan in the original principal amount of FORTY FIVE THOUSAND DOLLARS AND NO CENTS ($45,000.00), the "Loan," the Borrower along with his/her/their family, intends to reside as a household in the Property (as defined herein,) which Property is a single-family residence, and WHEREAS, the Borrower is indebted to Lender in the principal sum of FORTY FIVE THOUSAND DOLLARS AND NO CENTS ($45,000.00), which indebtedness is evidenced by the Borrower's Promissory Note dated July 29, 2005 and extensions and renewals thereof (herein "Note,") providing for payment of principal indebtedness if not sooner paid, due and payable on July 29, 2035. TO SECURE to the Lender the repayment of the indebtedness evidenced by the Note: the payment of all other sums, advanced in accordance herewith to protect the security of this Mortgage: and the performance of the covenants and agreements of the Borrower herein contained the Borrower does hereby mortgage, grant and convey to Lender the following described property located in the County of Monroe, State of Florida: Lot 45, Block 07, Indian Mounds Estates, Sugarloaf Key, Monroe County, Florida Which has the address of Lot 45, Block 7 Sugarloaf Key Florida 33042 (Street) (City) (state) (Zip Code) (herein the "Property Address:") TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, and rents all of which shall be deemed to be and remain a part of the property covered by this Mortgage, and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property." DOcH 2533654 08/08/2005 11:00AM Filed d Recorded in Official Records of MONROE COUNTY DANNY L. KOLHAGE This instrument was prepared by: 08/08/2005 1 i:eeAM Special Programs Office MORTGAGE DOC STAMP CL: FP $257.50 1400 Kennedy Drive Dooit 1533654 Key West, FL 33040 Oka 2140 Pga 831 RODRIGUEZFTHBMORTGAGE072505 Page 1 1925 BORROWER COVENANTS, represents and warrants to the Lender and its successors and assigns that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and the Property is unencumbered, except for the mortgage lien of the First Mortgage in favor of Participant, and for other encumbrances of record. Borrower covenants, represents and warrants to the Lender and its successors and assigns that Borrower will defend generally the title to the Property against all claims and demands, subject to the mortgage lien of the First Mortgage and other encumbrances of record. BORROWER FURTHER COVENANTS and agrees with the Lender as follows: 1. Payment. The Borrower shall promptly pay when due the indebtedness evidenced by the Note. 2. Prior Mortuames and Deeds of Trust; Charles; Liens. Lender and Borrower acknowledge and agree that this Mortgage is subject and subordinate in all respects to the liens, terms, covenants and conditions of the First Mortgage and to all advances heretofore made. The Borrower shall perform all of the Borrower's obligations under the First Mortgage and any other mortgage, deed of trust or other security agreement with a lien that has priority over this Mortgage, including the Borrower's covenants to make payments when due. The Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property that may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. 3. Hazard Insurance. The Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and such other hazards as the Lender may require and in such amounts and for such period as the Lender may require. The insurance carrier providing the insurance shall be chosen by the Borrower subject to approval by the Lender, provided that such approval shall not be unreasonably withheld_ All insurance policies and renewals thereof shall be in a form acceptable to the Lender and shall include a standard mortgage clause in favor of, and in a form acceptable to the Lender. The Lender shall have the right to hold the policies and renewals thereof, subject to the terms of the First Mortgage and any other mortgage, deed of trust or other security agreement with a lien that has priority over this Mortgage. In the event of loss, the Borrower shall give prompt notice to the insurance carrier and to the Lender. The Lender may make proof of loss if not made promptly by the Borrower. If the Property is abandoned by the Borrower, or if the Borrower fails to respond to the Lender within thirty (3 1) days from the date notice mailed by the Lender to the Borrower that the insurance carrier offers to settle a claim for insurance benefits, the Lender is authorized to collect and apply the insurance proceeds at the Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. 4. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. The Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development, the Borrower shall perform all of the Borrower's obligations under the declaration or covenants creating or governing such condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. 5. Protection of Lender's Security. If the Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced that materially affects the Lender's interest in the Property. Then the Lender, at the Lender's option upon notice to the Borrower, may make such appearances, disburse such sums, including reasonable attorney's fees, and take such action as is necessary to protect the Lender's interest in the Property. Doe# 1533654 Sk# 2140 Pg# a32 RODRIGUEZ FrHB MORTGAGE 072505 Page 2 1926 Any amounts disbursed by the Lender pursuant to this Paragraph 5, with interest thereon, at the rate of twelve percent (12%) per annum, shall become additional indebtedness of the Borrower secured by this Mortgage. Unless the Borrower and the Lender agree to other terms of payment, such amounts shall be payable upon notice from the Lender to the Borrower requesting payment thereof. Nothing contained in this Paragraph 5 shall require the Lender to incur any expense or take any action hereunder. 6. Inspection. The Lender may make or cause to be made reasonable entries upon the inspections of the Property, provided that the Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor to the Lender's interest in the Property. 7. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to the Lender, subject to the terms of any mortgage, deed of trust or to the security agreement with a lien that has priority over this Mortgage. 8. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by the Lender to any successor in interest of the Borrower shall not operate to release, in a manner, the liability of the original Borrower and the Borrower's successors in interest. The Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and the Borrower's successors in interest. Any forbearance by the Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 9. Successors and Assi ns Bound; Joint and Several Liabilit - Co-Si Hers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns for the Lender and the Borrower, subject to the provisions of Paragraph 14 hereof. If more than one Borrower executes this Mortgage, all covenants, representations, warranties and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the [vote: (a) is co-signing this Mortgage only to mortgage. Grant and convey that Borrower's interest in the Property to the Lender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without the Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. 10. Notice. Except for any notice required under applicable law to be given in another manner: (a) any notice of the Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified or registered mail, postage prepaid, addressed to the Borrower at the Property Address or at such other address as the Borrower may designate by notice to the Lender as provided herein, and (b) any notice to the Lender and/or the Federal National Mortgage Association ("Fannie Mae") shall be given by certified or registered mail, postage prepaid, and if to the Lender at the Lender's address stated on page 1 hereof with a copy to Servicer, if to Fannie Mae, addressed to 950 East Paces Ferry Road, Atlanta, Georgia 31326, Attention: Loan Administration, or to such other address as the Lender may designate by notice to the Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to the Borrower or the Lender when given in the manner designated herein. 1 1. Governinu Law; Severability; Costs. This Mortgage shall be governed by the laws of the State of Florida, and, to the extent applicable hereto, the laws and regulations of the United States of America. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict provision, and to this and the provisions of this Mortgage or the Note that can be given effect without the conflicting provision, and to this and the provisions of this Mor(gage and the Note are declared to be severable. As used herein, "costs," "expenses," and'"attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. Doc# 1533654 (Y RODRMUEZ FTHB MORTGAGE 072505 Page 3 BkO 2140 Pga 833 �- 1927 t2. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 13. Rehabilitation Loan Asreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement that Borrower enters into with the Participant, the Lender, at the Lender's option, may require Borrower to execute and deliver to the Lender, in a form acceptable to the Lender, as assignment of any rights, claims or defenses that Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property. 14. Transfer of the Property. If all or any part of the Property or any interest in it is sold, transferred, gifted or otherwise conveyed, whether by voluntary act, invotuntarily, by operation of law or otherwise, or if the Borrower is divested of title by judicial sale, levy or other proceeding, or if foreclosure action is instituted against the Property, or if the First Mortgage is satisfied or refinanced, or if the Property is leased or rented, alt sums secured by this Mortgage shall immediately become due and payable as provided herein. In the event that the property is constructed, developed, financed or owned by Habitat for Humanity of Key West and Lower Florida Keys, Inc., Habitat for Humanity of the Middle Keys, Inc., Habitat for Humanity of the Upper Keys, Inc. or Habitats Keys Solutions, Inc., this mortgage may be assumed should the following conditions exist at the time of sale; (a) The prospective buyer(s) qualify under SHIP Program income eligibility guidelines; (b) the transaction maintains the properties affordability to the prospective buyer; (c) the properties long term affordability criteria are recorded, enforced and for a period of not less than the term of the SHIP Program mortgage and the transaction is consistent with such affordability criteria. Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than thirty (30) days from the date the notice is given provided in Paragraph 10 hereof within which the Borrower must pay all sums secured by this Mortgage. If Borrower fails to pay these sums prior to the expiration of this period, the Lender may invoke any remedies permitted by this Mortgage without further notice or demand on the Borrower. 15. Acceleration- Remedies. Except as provided in Paragraph 14 hereof, upon the Borrower's breach of any covenant or agreement of the Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, or in the event that the Borrower shall have made material misrepresentations or material omissions in his/her/their application for a SHIP Loan, the Lender, at the Lender's option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Prior to taking any defaults action including acceleration of this Mortgage, the Lender shall give notice to the Senior Lien Holder and to the Borrower as provided in Paragraph 10 hereof specifying (1) the breach (if the breach is curable; (2) the action required to cure such breach; (3) a date, not less than ten (10) days form the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding, and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right tc7V o assert in the foreclosure proceeding the nonexistence of a default or any other defensive N a of Borrower to acceleration and foreclosure. The Lender shall be entitled to collect in .M� such proceeding all expenses of foreclosure, including, but not limited to, reasonable CO CD attorneys' fees, court costs, and costs of documentary evidence, abstracts and title reports. ,Q p a m 16. Borrower's Ri h t to Reinstate. Notwithstanding the Lender's acceleration of the sums secured by this Mortgage due to the Borrower's breach, the Borrower shall have the right to have any proceedings begun by the Lender to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage if: (a) the Borrower pays the Lender all sums that would be then due under this Mortgage and the Note had no acceleration occurred; (b) the Borrower cures all breaches of any other covenants or agreements of the Borrower contained in this Mortgage; (c) the Borrower pays all reasonable expenses incurred by the Lender in enforcing the covenants and agreements of the Borrower contained in this Mortgage, and in enforcing the Lender's remedies as provided in Paragraph 15 hereof, including, but not limited to, reasonable attorneys' fees and court costs; and (d) the Borrower takes such action as the Lender may reasonably require to assure that the lien of this Mortgage, the Lender's interest in the Property and RODRIOUEZ FTHS MORTGAGE 072505 Page 4 C. 2 1928 the Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by the Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 17. Assiunment of Rents; Appointment of Receiver. As additional security hereunder, the Borrower hereby assigns to the Lender the rents of the Property, provided that the Borrower shall, prior to acceleration under Paragraph 15 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under Paragraph 15 hereof or abandonment of the Property, the Lender shall be entitled to have a receiver appointed by a court to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by the receiver shall be applied first to the payment of the costs of management of the Property and collection of rants, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sum secured by this Mortgage. The receiver shall be liable to account only for those rents actually received_ 18. ReIease. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. 19. Attorneys' Fees_ As used in this Mortgage and in the Note, "attorneys' fees" shall include attorneys' fees, if any, incurred in connection with the collection or enforcement of this Mortgage or of the Note, whether or not suit is brought and whether incurred at trial, on appeal, in bankruptcy proceedings or otherwise. 20. Special SHIP Program Covenants, Representations. The Borrower covenants, represents, and warrants to the Lender that; (a) the Borrower along with his/her/their/ family, intends to reside as a household in the Property; (b) the Property is a single-family residence; (c) the Borrower's total annual family income at the time of its application for the Loan did not exceed the income limit by family size for eligibility to participate in the SI-IZP Program, (d) at least three percent (3%) of the required down payment must be paid by the Borrower from his or her own resources. 21. Principal Payment. Lender shall give the Borrower the right to negotiate a repayment schedule for 90 days after the last payment is due on the First Mortgage for all sums secured by this Mortgage that have been deferred. The terms and conditions of the repayment schedule negotiated after the last payment is due on the First Mortgage shall provide for a below market interest rate, a term for up to thirty (30) years, a principal and interest not to exceed the original First Mortgage principal and interest payment and such payment of principal and interest when combined with real-estate taxes and property insurance shall not exceed twenty five percent (25%) of the household income. IN WITNESS WHEREOF, the Borrower has executed this Mortgage_ DOCU 2533654 8k# 2140 Pgp 835 CIZ RODR[GUEZ FTHB MORTGAGE 072505 Page 5 1929 NOTICE TO BORROWER DO NOT SIGN THIS MORTGAGE IF IT CONTAINS BLANK SPACES. ALL SPACES SHOULD BE COMPLETED BEFORE YOU SIGN. THIS IS A BALLOON MORTGAGE WHERE THE PRINCIPAL BALANCE DUE UPON MATURITY IS $45,000.00, TOGETHER WITH ACCRUED INTEREST, IF ANY, AND ALL ADVANCEMENTS MADE BY THE MORTGAGEE UNDER THE TERMS OF THIS SECOND MORTGAGE. Do," 1533654 Skit 2140 P90 836 Signe • ed, and delivered in the presence of: fitness Signature Borr er Printed Name: EdCa 1. Garrick-Rodriguez ►;]ltll_�Y� CA �_�r �_ Address: Witness Signature UU Name: Q)C QLj0 dU CCu_n A L t 3 J itness Signature Bo ower Printed NameErlca I. Garrick-Rodriguez C a'oaoa X A-- Address: Witness Signatu l Name: �ccaYldU �hA I-�i STATE OF FLORIDA COUNTY OF MONROE )) The foregoing was acknowledged b fore me this ✓�� day of �( 2005 by (71 !LaYG..( a C-hrr_St�i... i � s. lv. , w is personally known to me or who has produced a valid driver c se as identification and who did not take an oath. s.+"='••., ERICA I.GARRICK RODRIGUEZ tgnature S ." MY COMMISSION 8 DD 367780 n; EXPIRES.December 26.2008 SondAdTMFU Notary Pu4licunaerv•nts`s Printed Name: _ Erica i. Garrick-Rodriguez Commission Number: My Commission Expires: MONROE COUNTY OFFICIAL RECORDS THIS MORTGAGE IS GIVEN TO MONROE COUNTY AND IS SUBJECT TO PAYMENT OF DOCUMENTARY STAMP TAXATION PURSUANT TO FLORIDA STATUE 420.513 R0DRIGt1EZ FTHB MORTGAC;E 072505 Page 6 1930 DocM 1962679 12/24/2013 10:57AM Filed & Recorded in Official Records of MONROE COUNTY AMY HEAVILIN IN THE CIRCUIT COURT OF THE 16TH JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA CASE NO.: 09-CA-269-K TIB BANK, a Florida corporation, Plaintiff, DocN 1962679 Blot 2664 PgN 1493 p rn VS. r s n n O GEORGE RODRIGUEZ, an individual, o ry pu CHRISTINE RODRIGUEZ, an Z%- -b individual, The COUNTY OF MONROE, 4C' c� JUSTINE FERRELL, an n individual, INDIAN MOUND vIr ESTATES PROPERTY OWNERS ASSOCIATION, INC., a Florida non-profit corporation, and all other unknown parties claiming by through or under named defendants, Defendants. FINAL JUDGMENT OF FORECLOSURE THIS ACTION was before the Court on Plaintiffs Motion for Summary Final Judgment of Foreclosure. On the evidence presented, IT IS ORDERED AND ADJUDGED that: 1. The Plaintiff's Motion for Summary Final Judgment is GRANTED. Service of process has been duly and regularly obtained over Defendants: GEORGE RODRIGUEZ, CHRISTINE RODRIGUEZ, THE COUNTY OF MONROE, JUSTINE FERRELL, and PROPERTY OWNERS ASSOCIATION, INC. 2. Amounts Due. There is due and owing to the Plaintiff the following from Defendants, George Rodriguez and Christine Rodriguez: Under the Note and Mort-gage Principal due on the Note secured by the mortgage foreclosed: $ 218,572.89 Accrued Interest: $ 9,258.68 1931 1 c s DocN 1962679 Sku 2664 Pgp 1494 Late Charges $ 1,584.16 Appraisal Fee $ 828.14 Forced Place Insurance Fee $ 1,975.97 Costs Filing Fees and Court Costs $ 1900.00 Process Server Fees $ 500.00 Title Search Fees $ 150.00 Internal Reproduction Costs $ 15.20 Postage $ 28.34 Total Costs $ 2,593.54 Attorneys' Fees $ 3,225.00 GRAND TOTAL $ 234,813.38 3. Interest. The grand total amount referenced in Paragraph 2 shall bear interest from this date forward at the prevailing legal rate of interest. 4. Lien on Property. Plaintiff whose address is 6435 Naples, Boulevard, Naples, Florida 34109, 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, though, 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 Monroe County,Florida legally described as: LOT 45, BLOCK 7, INDIAN MOUNT ESTATES, ACCORDING TO INDIAN MOUND ESTATES SUBDIVISION AS RECORDED IN PLAT BOOK 4, PAGE 132 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. With an address of Lot 45 Seminole Street, Sugarloaf Key, Florida 33042. 1932 Doc# 1962679 Bk# 2664 Pg# 1495 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 jud 'Vent are not paid, the Clerk of the Court shall sell the subject property at public sale on l7 , 20IJ to the highest bidder for cash, except as prescribed in Paragraph 6, at: 50 Whitehead Street, Key West, Florida 33040 Monroe County Courthouse, Monroe County, Florida, 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. 7. Right of Redemption. On filing of the Certificate of Sale, defendant's rights of redemption as proscribed by Florida Statutes, Section 45.0315 shall be terminated. 8. Distribution of Proceeds. On filing the Certificate of Title, the Clerk shall distribute the proceeds of sale, so far as they are sufficient, by paying: first, all of the plaintiff's costs; second, documentary stamps affixed to the Certificate; third, plaintiffs attorneys' fees; forth, 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. 9. Right of Possession. Upon fling 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." 10. Attorney's Fees. The Court finds, based upon the affidavits presented and upon inquiry of counsel for the plaintiff, that the hours spent were reasonably expended by plaintiff's counsel and that the hourly rate 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). 11. NOTICE PURSUANT TO AMENDMENT TO SECTION 45.031 FLA STAT 2006 IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO 1933 Doc# 1962679 Bk# 2664 Pg# 1496 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 YOU 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, 500 WHITEHEAD STREET, KEY WEST, FLORIDA 33040 MONROE COUNTY COURTHOUSE, MONROE COUNTY, FLORIDA (TELEPHONE: (305) 294-4641), 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. 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. 12. Assignment. Plaintiff shall have the right to assign its judgment rights of this final judgment without any further leave from this Court, including its rights to a credit bid. 13. Jurisdiction. The Court retains jurisdiction of this action to enter further orders that are proper, including, without limitation, writs of possession and deficiency judgm. ONE AND ORDERED in Chambers in Monroe County, Florida this V day of , 20L Circuit Judge Copies furnished to all parties: MONROE COUNTY OFFICIAL RECORDS 1934 IN THE CIRCUIT COURT OF THE 16TH JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA CASE NO.: 2.� ('� b � TIB BANK, a Florida corporation, DacN 1731590 02/23/2009 9:19AM Plaintiff, Filed & Recorded in Official Records of MONROE COUNTY DANNY L. KOLHAGE vs. DocK 1731590 GEORGE RODRIGUEZ, an individual, BkN 2401 PAN 259 CHRISTINE RODRIGUEZ, an individual, The COUNTY OF MONROE JUSTINE FERRELL, an individual, © 1:0 _t INDIAN MOUND ESTATES PROPERTYrn..z OWNERS ASSOCIATION, INC., a Florida r�n -�G o non-profit corporation, and all other DIK:?"' — -n unknown parties claiming by through or (Z—` `� sMo under named defendants, r o = �'� ►Defendants. r— rn on NOTICE OF LIS PENDENS TO: GEORGE RODRIGUEZ, CHRISTINE RODRIGUEZ, JUSTINE FERRELL, COUNTY OF MONROE, INDIAN MOUND ESTATES PROPERTY OWNERS ASSOCIATION, AND ALL OTHERS WHOM IT MAY CONCERN: YOU ARE NOTIFIED of this institution of this action against you by the Plaintiff, seeking foreclosure on the following described real property located in Monroe County, Florida: LOT 45, BLOCK 7, INDIAN MOUNT ESTATES, ACCORDING TO INDIAN MOUND ESTATES SUBDIVISION AS RECORDED IN PLAT BOOK 4, PAGE 132 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. Dated: February , 2009. Gray-Robinson, P.A. Attorneys for Plaintiff—TIB BANK 1221 Brickell Avenue, Suite 1600 Miami, Florida 33131 Phone: (305)416-6880 Fax: (305) 416-6887 By: (lGn Gary M. Carman, Esq. COUNTY Florida Bar No. 179409 110NROE Op,ICIAL RECORDS Richard F. Danese, Esq. Florida Bar No. 58458 1935 RESOLUTION NO. 2023 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA APPROVING THE WRITE-OFF OF A $45,000.00 SHIP SECOND MORTGAGE. WHEREAS, the Monroe County SHIP Program executed a SHIP Second Mortgage in the amount of $45,000.00 on July 29, 2005, recorded on August 8, 2005, as Document 4 1533654, Book 2140, Page 831 of the public records of Monroe County, Florida, secured by the property located at Lot 45, Block 7, Sugarloaf Key, Florida, 33042; and WHEREAS, the First Mortgagee (TIB Bank, a Florida Corporation), filed a foreclosure action on February 3, 2009; and WHEREAS, the SHIP Mortgage position was not protected since there was not sufficient equity to allow for a recovery; and WHEREAS,the First Mortgagee took title to the property on May 15, 2014. NOWTHEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Monroe County, Florida that the County hereby: Authorizes the write-off of a SHIP Second Mortgage Loan in the amount of$45,000.00 formerly secured by the property located at Lot 45, Block 07, Indian Mounds Estates, Sugarloaf Key, Monroe County, Florida 33042. PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said Board on the day of September, 2023. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor Craig Cates Mayor Cates Mayor Pro Tem Raschein Commissioner Lincoln Commissioner Scholl Commissioner Rice SEAL: ATTEST: Approved as to legal Sufficiency: -- Date: 9.123 1936 PREPARED BY/RETURN TO: Monroe County SHIP PROGRAM CIO Monroe County Social Services Department 1100 Simonton Street, Suite 1-196 Key West, FL 33040 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA RELEASE OF MORTGAGE OR LIEN Know All Men By These Presents, that Monroe County, the owner(s) and holder(s) of a certain Mortgage Deed, executed on JULY 29, 2005 by GEORGE AND CHRISTINE RODRIGUEZ, to Monroe County, Florida and recorded on August 8, 2005, in Official Records Book 2140, Page 831, as Document #1533654 in the office of the Clerk of the Circuit Court of Monroe County, State of Florida, securing certain Note in the principal sum of FORTY-FIVE THOUSAND DOLLARS AND NO CENTS ($45,000.00), upon the property situate in said State and County described as follow, to-wit: LOT 45, BLOCK 07, INDIAN MOUNDS ESTATES, SUGARLOAF KEY, MONROE COUNTY, FLORIDA Which has the address of LOT 45,BLOCK 7,SUGARLOAF KEY, Florida 33042 (herein the "Property Address:') does hereby RELEASE and DISCHARGE said Note and Mortgage Deed and hereby direct KEVIN MADOK, CPA, the Clerk of the said Circuit Court, to cancel the same of record. In Witness Whereof, Monroe County has caused this document to be executed as of this day of September,2023. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor 1937