Item C37 C37
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: C37
2023-1498
BULK ITEM: Yes DEPARTMENT: Social Services
TIME APPROXIMATE: STAFF CONTACT: Sheryl Graham
N/A
AGENDA ITEM WORDING:
Approval to write-off a $9,602.00 SHIP Second Mortgage that was executed on June 20, 2017,
recorded on April 16, 2018, as Document # 2164419, Book 2901, Page 872 of the public records of
Monroe County, Florida, secured by the property located at 30418 Date Row, Big Pine Key, Florida,
33043, due to a foreclosure.
ITEM BACKGROUND:
First Mortgagee, Pacific Union Financial, LLC, filed a foreclosure action on July 21, 2017, 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 MCDERMOTT PARKER LIS PENDEN .pdf
BACKUP MCDERMOTT PARKER RECD MORT'G.pdf
MCDERMOT'T—PARKER_BACK_UP_BANI UPT'CY.pdf
MCDERMOT'T' PA ,'ER RESOLUTION TO WRITE OFF LIEN $9602.00 Final 09 01 2023.pdf
MCDERMOT'T PA ,'ER RELEA E.pdf
1938
FINANCIAL IMPACT:
N/A
1939
I)a .q 2134362 08/08/2017 3:37PPI
Filed & Recorded in Official Records of
I1O1I4ROE COUNTY KEVIN MADOK
IN THE CIRCUIT COURT OF THE SIXTEENTH
JUDICIAL CIRCUIT IN AND FOR MONROE
COUNTY, FLORIDA
CASE NO.
V f-J
o
PACIFIC UNION FINANCIAL, LLC
Plaintiff, ` o
Iv
V.
MELISSA M MCDERMOTT; CHRISTOPHER J
PARKER; UNKNOWN TENANT 1; UNKNOWN
TENANT 2; and all unknown parties claiming by,
through, under or against the above named 21:34362
Defendant(s),who(is/are)not known to be dead or
1310 2868 Pgp 338
alive,whether said unknown parties claim as heirs,
devisees, grantees, assignees, lienors, creditors,
trustees, spouses, or other claimants;
Defendants.
NOTICE OF LIS PENDENS
NOTICE IS HEREBY GIVEN of the institution in the above-entitled Court, of the above-styled cause,
by the above-named Plaintiff against the above-named Defendants, involving the following-described property,
situate and being in MONROE County,Florida,to-wit:
LOT(S) 10, 11,AND 12, BLOCK 32, PALM VILLA SUBDIVISION,ACCORDING TO THE
MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE(S) 89, OF THE
PUBLIC RECORDS OF MONROE COUNTY,FLORIDA.
seeking the foreclosure of a mortgage on the above property.
PLEASE GOVERN YOURSELVES ACCORDINGLY.
Dated this day of V , 2017.
eXL Legal, PLLC
Designated Email Address: efiling@exllegal.com
12425 28th Street North, Suite 200
St. Petersburg,FL 3 6
Telephone No. 536-4911
Attorney for t e 1 ' tiff
By: 1E
NOTE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT VOU ARE ADVISED THAT THIS LAW FIRM IS
COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSED TO BE A DEBT
424170044
110I4R01= COUNTY
()FI=ICIAI_ RECORDS
1940
This instrument was prepared by:
Monroe Coi.nit SHIP Pro i-am 17o�:;p 21154419 04/16/2018 2 49PMi
y -i led & Recorded in Ofricial Records Hof
c/u Monroe County Housing Authority 1,101411017 COUNTY KEVIN MADOK
1400 Kennedy Drive
Key West, FL 33040 2:49PM
10R-GAGE IDOC STAMP CL: $33.9',5
------------------------------------------------------------------------
THIS MORTGAGE IS GIVEN TO MONROE COUNTY AND IS SUBJECT TO PAYMENT OF
DOCUMENTARY STAMP TAXATION PURSUANT TO FLORIDA STATUTE 420.513
COUNTY OF MONROE
MORTGAGE DEED
(Due on Sale, Refinancing or Rental)
MONROE COUNTY STATE HOUSING INITIATIVE PARTNERSHIP PROGRAM
SHIP—WAP LEVERAGING STRATEGY
This mortgage is made this -2,0 day of JUNE, 2017 between the Mortgagor, MELISSA
McDERMOTT, a single woman, and CHRISTOPHER J. PARKER, a single man, as joint
tenants, (herein the "Borrower,") and the Mortgagee, the COUNTY OF MONROE, a
political subdivision of the State of Florida, whose address is 1 100 Simonton Street, Key
West, Florida 33040 (herein the "Lender.")
WHEREAS, the Borrower has applied to the Lender for a loan from the Monroe County,
STATE HOUSING INITIATIVES PARTERSHIP PROGRAM (SHIP), in the original
principal amount of NINE THOUSAND SIX HUNDRED AND TWO DOLLARS AND
NO CENTS ($9,602.00), the "Loan," and the Borrower along with his 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 NINE
THOUSAND SIX HUNDRED AND TWO DOLLARS AND NO CENTS ($9,602.0�,
which indebtedness is evidenced by the Borrower's Promissory Note dated JUNE ,
2017 (herein "Note,") providing for forgiveness of the principal indebtedness if not sooner
paid, on JUNE , 2027.
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(s) 10 11 and I2 Block 32 Palm Villa Subdivision, according to the man or plat
thereof, as recorded in Plat Book 1 Page(s) 89 of the Public Records of Monroe County,
Florida
Legal description:
Which has the address of: 30418 DATE ROW BIG PINE KEY, FLORIDA 33043
(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."
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. (0
1:143,i:i 2115544/9 1
1'301 291a l Pga 872
1941
BORROWER FURTHER COVENANTS and agrees with the Lender as follows:
1. Payment. Payment of principal shall be deferred for a term of TWENTY (20) years
from the date of this Note. Should I own and occupy the property as my primary
residence for the term of the Note, the entire principal balance shall be forgiven, and no
amounts due upon maturity.
In the event of the sale and/or transfer of ownership or 1 no longer occupy the property as
my primary residence, the principle balance will be due in full within thirty (30) days of
said sale/transfer or cessation of primary residency.
In the event that I die or both/all owners die within the TWENTY (20) year loan period,
repayment of the loan will be required by my/our estate(s). Any heir may assume the
loan provided they can obtain title to the entire property within one (1) year of the death
of the last surviving homeowner and, the first mortgagee consents to the assumption of
their loan.
2. Prior Mortgages and Deeds of Trust; Charges; 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 any prior Mortgage and to all advances
heretofore made. The Borrower shall perform all of the Borrower's obligations under
any prior 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 (30) 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 or permit waste, impairment or deterioration of the Property. Borrower shall
comply with all existing and future laws, regulations, ordinances, and orders of
governmental authorities having jurisdiction over the Property.
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.
Any amounts disbursed by the Lender pursuant to this Paragraph 5, with interest thereon,
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
2
Do a 21154419
I:Ilccl 2!:)ial Pga 873 1942
-
payable upon notice from the Lender to the Borrower t-equesting 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 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 any 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 Assigns Bound; Joint and Several Liability; Co-Signers. 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
Note: (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 to Borrower provided for in the Mortgage shall be given by
delivering it or by mailing such notice by first class mail addressed to borrower or the
current owner at the Property Address or at such other address as Borrower may
designate in writing by notice to Lender as provided herein, and any other persons
personally liable on the Notes as their names and addresses appear in Lender's records at
the time of giving notice and (b) any notice to Lender shall be given by first class mail to
Lender's address at 1100 Simonton Street, Key West, Florida 33040 or to such other
address as Lender may designate by notice to Borrower as provided herein. Any notice
provided for in this Mortgage shall be deemed to have been given to Borrower or Lender
when given in the manner designated herein.
1 1. Governing 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 Mortgage 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.
12. 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 Ap_reement. Borrower shall fulfill all of Borrower's obligations
under any home rehabilitation, improvement, repair, or other agreement that Borrower
3
21 44"19
r-1101 290 l 129a 874 1943
enters into with the"participant, the Lender, at the Lender's opfion, 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, involuntarily, 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
Property is leased or rented, all sums secured by this Mortgage shall immediately become
due and payable as provided herein.
15. Acceleration. 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.
16. 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 2010 Small Cities CDBG Program 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 senior lien holders 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 from 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 to assert in the foreclosure proceedings the nonexistence of a default or any
other defensives of Borrower to acceleration and foreclosure. The Lender shall be
entitled to collect in such proceeding all expenses of foreclosure, including, but not
limited to, reasonable attorneys' fees, court costs, and costs of documentary evidence,
abstracts and title reports.
17. Borrower's Right 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
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.
18. Assip-nment 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, lake possession of
Iaaa:a� ?11344'L_
I —®F
c Ic1:I 2!:ll�1 Pgo 875
1944
and manage the Pro'15crty and to collect the rents of the Propeiiy 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 rents, 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.
19. Release. Upon satisfaction of the conditions and terms of the note secured by this
mortgage, including but not limited to payment of all sums there under, Lender shall
release this Mortgage without charge to Borrower.
20. 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.
IN WITNESS WHEREOF, the Borrower has executed this Mortgage.
NOTICE TO BORROWER
DO NOT SIGN THIS MORTGAGE IF IT CONTAINS BLANK SPACES.
ALL SPACES SHOULD BE COMPLETED BEFORE YOU SIGN
Signed, sealed, and dell v red in the presence of: MELISSA M. McDERMOTT
itness Signature Borrower
Printed Name: `S•,/11- _(dj4ssn...-1
CHRISTOPHER J. PARKER
Witness Signature �A Borrower
Printed Name:
I:iac,tt >.1184419
Eil l:l 2912111 Pgtt 870
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing was acknowledged before me this day of JUNE, 2017 by
VhQ i s z cl ftl, a D tfilr.� a.1 a� Qhrfs l�,at, r �artc r�
o4o elf who has produced a valid driver license ast identification and who did not take an oath.
S
SHERYL LYNN GRAHAM Notary Signature
Notary Public-Slate of Florida Printed Name: t'�h'-wV1
Commission rr FF 959752 Commission Number: FF 959�S2
My Comm.Expires Jun 3.20120
a Banded through National Notary Assn, My Commission Expires: �� ����
EXEMPT FROM INTANGIBLE TAX PURSUANT TO F.S. 199.183
5
1945
This instrument was prepared by:
Monroe County SHIP Program
c/o Monroe County Housing Authority
19
1400 Kermedy Drive 1101 29131 44Pgit 877
KeY West, FL 33040
THIS PROMISSORY NOTE IS GIVEN TO MONROE COUNTY AND IS EXEMPT FROM TAXATION
PURSUANT TO FLORIDA STATUTE 199.183
COUNTY OF MONROE
PROMISSORY NOTE
MONROE COUNTY STATE HOUSING INITIATIVE PARTNERSHIP PROGRAM
SIIIP-WAP LEVERAGING STRATEGY
Date: JUNE-&*_, 2017 City: BIG PINE KEY State: Florida
Name: MELISSA M. McDERMOTT & CHRISTOPHER J. PARKER
Property Address: 30418 DATE ROW,BIG PINE KEY, FL 33043
1. BORROWER'S PROMISE TO PAY
1, Melissa McDermott a single woman and Christopher J. Parker, a single man, as joint
tenants, promise to pay NINE THOUSAND SIX HUNDRED AND TWO DOLLARS
AND NO CENTS ($9,602.00) (this amount will be called "principal") to the order of the
COUNTY OF MONROE, a political subdivision of the State of Florida, whose address is
1 100 Simonton Street, Key West, Florida 33040 (the "Lender,").
2. INTEREST
Interest on this Note shall be zero percent (0%) per annual. There is no interest charged
during the twenty (20) year period.
3. PAYMENTS
Payment of principal shall be deferred for a term of TWENTY (20) years from the date of
this Note. Should I own and occupy the property as my primary residence for the term of
the Note, the entire principal balance shall be forgiven, and no amounts due upon maturity.
In the event of the sale and/or transfer of ownership or I no longer occupy the property as my
primary residence, the principle balance will be due in full within thirty (30) days of said
sale/transfer or cessation of primary residency.
In the event that I die or both/all owners die within the TWENTY (20) year loan period,
repayment of the loan will be required by my/our estate(s). Any heir may assume the loan
provided they can obtain title to the entire property within one (I) year of the death of the last
surviving homeowner and, the first mortgagee consents to the assumption of their loan.
4. BORROWER'S PAYMENT BEFORE THEY ARE DUE
I have the right to make payment in full on this Note at any time before it is due. Such
payment is known as a "full payment." No partial prepayments can he made at any time on
the principal of the loan. When I make full prepayment, I will tell the Note Holder in a letter
that I am doing so.
5. BORROWER'S FAILURE TO PAY AS REQUIRED
(A)Default:
If I do not pay the full amount as required in Section 3 above, I will be in default. If I
am in default, the Note Holder may bring about any actions not prohibited by
applicable law and require me to pay Holder's cost and expenses as described in (B)
below.
(B) Payment of Note Holder's Costs and Expenses:
If the Note Holder takes such actions as described above, the Note Holder will have t
t
1
1946
right to be paid back for all of its cost and expenses, including but not limited to
reasonable attorney's fees_
6. THIS NOTE SECURED BY A MORTGAGE
In addition to the protections given to the Note Holder under this Note, a Mortgage, dated
JUNE , 2017 protects the Note Holder from possible losses that might result if I do not
keep the promises that I make in this Note. That Mortgage describes how and under what
conditions I may be required to make immediate payment in full of all amounts that I owe
under this Note.
7. BORROWER'S WAIVER
I waive my rights to require the Note Holder to do certain things. Those things are: (A) to
demand payment of amount due (known as "presentment"); (B) to give notice that amounts
have not been paid (known as "notice of dishonor"); (C) to obtain an official certification of
nonpayment (known as a "protest.") Any co-signer, guarantor, surety or endorser who agrees
to keep the promises I have made in this Note by signing this Note or by executing a separate
agreement to make payments to the Note Holder if I fail to keep my promises under this Note
also waives these rights.
8. GIVING OF NOTICES
Except for any notice required under applicable law to be given in another manner, (a) any
notice to Borrower provided for in the Mortgage shall be given by delivering it or by mailing
such notice by first class mail addressed to borrower or the current owner at the Property
Address or at such other address as Borrower may designate in writing by notice to Lender as
provided herein, and any other persons personally liable on the Notes as their names and
addresses appear in Lender's records at the time of giving notice and (b) any notice to Lender
shall be given by first class mail to Lender's address at 1100 Simonton Street, Key West,
Florida 33040 or to such other address as Lender may designate by notice to Borrower as
provided herein. Any notice provided for in this Mortgage shall be deemed to have been
given to Borrower or Lender when given in the manner designated herein.
9. RESPONSIBILITY OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each of us is fully and personally obligated to pay
the full amount owed and to keep all of the promises made in this Note. Any guarantor,
surety or endorser or this Note (as described in Section 7 above) is also obligated to do these
things. The Note Molder may enforce its rights under this Note against each of us
individually or against all of us together and may enforce its rights against any of us in any
order. This means that any one of us may be required to pay all of the amounts owed under
this Note.
I:Iac:tl 211844:19
l"30:1 291a 1 Pga 878
NOTICE TO BORROWER
DO NOT SIGN THIS NOTE IF IT CONTAINS BLANK SPACES.
ALL SPACES SHOULD BE COMPLETED BEFORE YOU SIGN.
Zo ' t
Borrower: MELISSA McDERMOTT Date
13()I-rowey'.1 CHRISTOPIIER J. PARKER Date
(SIGN ORIGINAL ONLY)
11I0IdROH IZOU14TY
Ial''I''ICJ(lal_ RIXORDS
2
1947
From:Tammie Murray<trnurray rnonroe-clerkocom>
Sent:Wednesday,June 2,20212:29 PM
To: rouillette- ari rouillette- arieC� onroeCount ®FL, oy>
Subject:Sold property-30418 Date Row BPK
CAUTION`This ema�J or�ginatedfrom outside of the County. Whether you know the sender or not, 6 ij,dt click links or
,e u'atta hments a ,war not e p trP,B,
Marie,
This property was sold on the clerk's steps as a foreclosure I am assuming.There is a SHIP mortgage on this
property. How is that allow.d to happen?What happens to the SHIP mortgage? Please note the mortgage is for u
we only paid our$4600..00
Melissa McDermott/Christopher Parker
/ 0/ 07/11/17 30418 Date Row, BPK / /202 (
Tarnmie Murray
MOT
• rants Supervisor
Kevin Madok,CPA
Clerk of the Circuit Court Comptroller
•0'`® asg r500 Whitehead Sty Key West,FL, 33040
Phone: 35-292-3534
www.clerk-of-the-court.com
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4
1948
7526
BOARD OF COUNTY COMMISSIONERS MONROE COUNTY,KEY WEST, FLORIDA
VENDOR NO, 94349 CHECK No. 10037526
ACcoUN nun .
01.00617 530497 015640SH 4,527.00 °SHIP/WAP 134-2018 1
OP.
94349 HENNESSY CONSTRUCTION TALC
BOARD OF COUNTY COMMISSIONERS I ERIABANK
MONROE U Y T, FLORIDA KEY WEST,FLORIDA 1003 526
-7041/2652
CHECK ]SATE CHECK NO.
05/15/18 10037526
AMOUNT �*****4,527.00'�'
PAY THE SUM OF *.*.**4527* DOLLARS AND -NO-
TO THE HENNESSY CONSTRUCTION
ER 27731 AST GIAVENUE
OF LITTLE TORCH Y FL 33
TWO SIGNATURES REQUIRED
PDF Copy Only - Non-Negotiable
1949
IN THE CIRCUIT COURT OF THE SIXTEENTH
JUDICIAL CIRCUIT IN AND FOR MONROE
COUNTY, FLORIDA DocN 2189692 10/09/2018 10:04AN
Filed 3 Recorded in Official Records of
CASE NO. 44-2017-CA-000573-K MONROE COUNTY KEVIN MADOK
PACIFIC UNION FINANCIAL, LLC �.
Plaintiff,
CO
V.
f�`1
rn
MELISSA M MCDERMOTT; � v
CHRISTOPHER J PARKER; UNKNOWN r
TENANT 1, UNKNOWN TENANT 2,
21
Defendants. Bka29309692 Pg 1810
FINAL JUDGMENT OF FORECLOSURE
This action was heard before the court on this 14th day of September,2018. On the
evidence presented,
IT IS ADJUDGED that:
1. Plaintiff, PACIFIC UNION FINANCIAL, LLC, 1601 LBJ Freeway, STE 500, Farmers
Branch TX 75234, is due:
Principal $ 269,013.37
Pre-Judgment Interest good through 07/01/2018 $ 17,654.04
Per Diem Interest at$32.24 from 07/02/2018 through 09/14/2018 $ 2,418.00
Tax Disbursements $ 2,547.42
Hazard Insurance Disbursements $ 1,357.00
Pre-acceleration Late Charges $ 543.20
Property Inspections $ 214.50
Flood Insurance $ 304.00
Wind Insurance $ 1,385.00
PMI/MIP Insurance $ 2,592.72
Attorneys' Fees:
For the contested portion of the foreclosure action: $632.50
Finding as to reasonable number of hours: 4.6 hours
424170044
1950
1
Finding as to reasonable hourly rate up to: $215.00 per hour
Other*: For the uncontested portion of the foreclosure action $2,800.00
(* The requested attorney's fee is a flat rate fee that the firm's client has
agreed to pay in this matter. Given the amount of the fee requested and the
labor expended,the Court finds that a lodestar analysis is not necessary zo
and that the flat fee is reasonable.) a
Attorneys' Fee Total: $ 3,432.50 w�
Court Cost: ®�
Filing Fee $ 1,905.00 a N
E File Convenience Fee $ 5.00
Service of Process $ 260.00 w
Recording Fee- Lis Pendens $ 5.00
Clerk- Issue Summons $ 40.00
LP Update & Examination $ 75.00
SUBTOTAL $ 303,751.75
LESS: Suspense Balance/Forbearance Suspense $ (201.52)
LESS: Escrow Beginning Balance $ (563.30)
TOTAL $ 302,986.93
The total amount shall bear interest from this date forward at the prevailing statutory rate of
interest.
2. Plaintiff, holds a first mortgage lien for the total sum superior to all claims or estates of
defendant(s), on the following described property in MONROE County, Florida:
LOT(S) 10, 11,AND 12,BLOCK 32, PALM VILLA SUBDIVISION,ACCORDING
TO THE MAP OR PLAT THEREOF,AS RECORDED IN PLAT BOOK 1,
PAGE(S)89, OF THE PUBLIC RECORDS OF MONROE COUNTY,FLORIDA.
3. If the total sum with interest at the rate described in paragraph 1 and all costs accrued
subsequent to this judgment are not paid, the clerk of this court shall sell the property at public
sale on N4vGm G.e—� 5p? /9, at the Front Door of the Monroe County Courthouse, 500
Whitehead Street, Key West, FL 33040 at eleven o'clock a.m. to the highest bidder for cash,
except as prescribed in paragraph 4, in accordance with Section 45.031, Florida Statutes.
4. 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 payable on the
certificate of title. 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.
424170044
1951
� .
Doc# 2189692
Bk# 2930 P## 1811
1952
5. 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 plaintiff's costs; second,documentary stamps affixed to
the certificate; third, plaintiff's attorneys' fees; fourth, the total sum due to plaintiff, less theo
items paid,plus interest at the rate prescribed in paragraph I from this date to the date of the sale; a s
and by retaining a ai amount pending furtheror der of co . W~00
m
filing of the certificate of sale, defendant(s) and all persons claiming under or against N
defendant(s) since the filing the notice of lis pendensshall be foreclosedof all estate or claim a
in the property,except as to claims or ' chapter 718 or chapter 720,FloridaStatutes,i w
any. Upon the filing the certificate title,the person namedcertificate of title shall bew
let into session of the property.
7. The Court retains jurisdiction of this action enter finther orders t are proper, including,
without limitation,writs of possession and deficiencyjudgments.
8. The Court retains jurisdiction of this action to enter further orders that are proper,
including,without limitation, orders authorizing supplemental proceedings to eliminate
any interest omitted from this action,cure any title defects,determine amounts owed to
associations, an award of attorneys' fees, and to enter deficiency judgment if the borrower
has not been discharged in bankruptcy.
® The Plaintiff may assign the judgment and credit bid by the filing of an assignment
prior to the issuance of the certificate of title without further order of the court.
10. If there are any objections to the sale filed or other matters that would delay
disbursement of the sale proceeds past the eleventh day after the sale, Plaintiff may be
entitled to interest at the rate prescribed in Paragraph 1 from this date to the actual date of
issuance of the Certificate of Disbursements and Certificate of Title.
IF THIS PROPERTY IS SOLD AT PUBLICAUCTION, DI
PERSONSMONEY FROM THE SALE AFTER PAYMENT OF TITLE
BE PAID FROM THE SALE PROCEEDS PURSUANT TO THE FINAL JUDGMENT.
IF YOU ARE A SUBORDINATEI TO FUNDS
REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITHCLERK
SALE.LATER THAN 60 DAYS AFTER THE IF YOU FAIL TO FILE A CLAIM, YOU WILL
FUNDS.NOT BE ENTITLED TO ANY REMAINING
PROPERTYIF YOU ARE THE LAI YOURSELF.
YOU ARE T REQUIRED SEN
AND YOU DO T HAVE TO ASSIGN YOUR RIGHTS TO ANYONE ELSE IN ORDER
FOR YOU TO CLAIM ANY MONEY TO WHICHSE CHECK
WITH THE CLERK OF THE COURT, MONROE COUNTY .D STREET,
KEY WEST, FL 33040 TELEPHONE 305-292-3458 WITHIN 10 DAYS AFTER THE
42417 44
1953
�µ
j
TO SEE IF THERE IS ADDITIONAL MONEY FROM THE FORECLOSURE SALE THAT
THE CLERK HAS IN THE REGISTRY OF THE COURT.
IF YOU DECIDEE OR HIRE SOMEONE TO HELP YOU CLAIM WO
THE
ALL PAPERS a n
ADDITIONAL MONEY, YOU SHOULD READ VERY CAREFULLYYOU ARE REQUIRED TO SIGN, ASK SOMEONE ELSE, PREFERABLYATTORNEY ;
WHO IS T MAKE SURE �
THAT YOU UNDERSTAND WHAT YOU ARE I U ARE NOT
EQUITYTRANSFERRING YOUR PROPERTY OR THE IN YOUR PROPERTY WITHOUT
THE PROPER I . IF YOU CANNOT AFFORD TO PAY AN ATTORNEY,YOU
co
MAY CONTACT(MONROE) LEGAL SERVICES OF GREATER I, TELEPHONE 305-
292-3566 TO SEE IF YOU QUALIFYFOR THEIRVICES, IF THEY
REFERCANNOT ASSIST YOU, THEY MAY BE ABLE TO LOCAL BAR
OPTIONS.REFERRAL AGENCY OR SUGGEST OTHER IF YOU CHOOSE TO CONTACT
( I 5- 2-3566 FOR
ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS
NOTICE.
DONE AND ORDERED in Monroe County,Florida this day of September, 2018.
Circuit C J dge
Copies `she to:
Legal,
PLLC
12425 28TH STREET NORTH, SUITE 200
33716
EFILING@EXLLEGAL.COM
30418 DATE ROW
IG PINE KEY, FL 33043-4732
CHRISTOPHER J PARKER
30418 DATE ROW
BIG PINE KEY,FL 330434732
30418
BIG PINE KEY, FL 33043-4732
MONROE COUNTY
OFFICIAL RECORDS
424170044
1954
SHIP PROGRAM :11 UEST FOR PAYMENT
MONROE COUNTY STATE HOUSING INITIATIVES PARTNERSHIP (SHIP)'PROG
Strategy: MC SHIPEWEATHERIZATION LEVERAGING
Date: April
Melissa McDermott ° o r
Address:Property 30418 Date Row, Bige ,FL 33043
TOTAL:CONTRACT AMOUNT: $ 29,602.00
$ 29,127.00
[P A:��N�TR E Q S. .. O ..OFF $4 7.
CONTRACTOR: Final payment is hereby requested in the amount above, and 1 certify thatt as the
contractor, I havesatisfactorily completed 1 the required workper this pay request and in accordance
with the contract c code and in conformance with manufacturer's
specifications; r, I waivelien or right to lien against the property described above in the
amount requested. I warrant save harmless the said property owner, Monroe County, and the Monroe
County Housing Authority from y ( )which are now in existence r may hereafter arise by reason
of our improvements. It is understoodat such payment is contingent upon the completion of any
required inspections.
Contractor'sSignature: Date: qL44K
Contractor'se: Hennessv Construction. LLC
Contractor's _7731 Astranaia Ave. Little Torch Kerr,
* ** * *** * ****** * * ***** * *****************
FL 33042
OWNER: I/We hereby agree that payment be made as requested by the Contractor for the
completionrk in accordance with the Contract and to my/our satisfaction.
Owner'se: Date:
Owner's . Date: A
PROGRAM REPRESENTATIVE: here y quested by the
contractor. o i i to a or t indicated th lactor.
C 's Signature: r ate:�yl%4 IQ
Compliance 's Signature: Date:
r.Administrator's Signature: ate`
TO: MONROE COUNTY FINANCE DEPARTMENT
I hereby approveL L '
in the amount of$4,527.00follows:
Account:
Administrator's i a . „A „uDate: 2b
1955
RESOLUTION NO. 2023
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA APPROVING THE WRITE-OFF OF A $9,602.00 SHIP SECOND
MORTGAGE.
WHEREAS, the Monroe County SHIP Program executed a SHIP Second Mortgage in
the amount of $9,602.00 on June 20, 2017, and recorded same on April 16, 2018, as Document
42164419, Book 2901, Page 872 of the Public Records of Monroe County, Florida, secured by
the property located at 30418 Date Row, Big Pine Key, Florida, 33043; and
WHEREAS, the First Mortgagee (Pacific Union Financial, LLC), filed a foreclosure
action on JULY 21, 2017; and
WHEREAS, the SHIP Mortgage position was not protected and there was not sufficient
equity to allow for a recovery; and
WHEREAS, the First Mortgagee took title to the property on September 14, 2018.
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$9,062.00 formerly
secured by the property located at 30418 Date Row, Big Pine Key, Florida, 33043.
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: 9.1.23
1956
PREPARED BY/RETURN TO:
Monroe County SHIP Program
1100 Simonton St.,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 June 20, 2017 by MELISSA McDERMOTT and
CHRISTOPHER J. PARKER, to Monroe County, Florida and recorded on April 16, 2018, in
Official Records Book 2901,Page 872, as Document#2164419 in the office of the Clerk of the
Circuit Court of Monroe County, State of Florida, securing certain Note in the principal sum of
NINE THOUSAND SIX HUNDRED AND TWO DOLLARS AND NO CENTS (S9,602.00),
upon the property situate in said State and County described as follow, to-wit:
Lot(s) 10, 11 and 12,Block 32,Palm Villa Subdivision, according to the map or plat
thereof, as recorded in Plat Book 1,Page(s)89, of the Public Records of Monroe County,
Florida
Which has the address of 30418 Date Row,Big Pine Key,Florida 33043
(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 Craig Cates
STATE OF FLORIDA
COUNTY OF MONROE
I HEREBY CERTIFY that the foregoing instrument was acknowledged before me,by means of
physical presence or online notarization,this day of 2023 by CRAIG CATES,
MAYOR, known to me to be the person(s)described herein and who executed the foregoing instrument,who
acknowledged before me that he/she executed the same,and who did not take an oath.Check one: said
person(s)is/are personally known to me. said person(s)provided the following type of identification:
Witness my hand and official seal in the County and State
last aforesaid this day of 2023.
Notary Signature
Printed Name:
Commission No:
Commission Expires:
1957