Item C22 C22
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
February 21, 2024
Agenda Item Number: C22
2023-2125
BULK ITEM: Yes DEPARTMENT: Social Services
TIME APPROXIMATE: STAFF CONTACT: Sheryl Graham
AGENDA ITEM WORDING: Approval of a Resolution and Release of State Housing Initiatives
Partnership (SHIP)Program Mortgage Lien executed by Marjorie E. Keeney, to write-off a SHIP
Second Mortgage in the amount of$45,000.00 due to foreclosure.
ITEM BACKGROUND:
Approval of a Resolution and Release of State Housing Initiatives Partnership (SHIP)Program
Mortgage Lien executed by Marjorie E. Keeney, to write-off a SHIP Second Mortgage in the amount of
$45,000.00 due to foreclosure. The SHIP Mortgage was unable to be satisfied as the proceeds from the
sale were insufficient to allow for a recovery.
PREVIOUS RELEVANT BOCC ACTION:
N/A
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
Recommend Approval
DOCUMENTATION:
KEENEY CORPORATE ASSIGNMENT OF MORTGAGE.pdf
KEENEY SHIP RECD MORTG.pdf
KEENEY NOTICE OF LIS PENDEN .pdf
KEENEY FINAL JUDGMENT OF FORECLOSURE.pdf
1489
I ENEY CERTIFICATE E OF TIT E.pdf
I ENEY_F O CLOS RE—RESOLUTION AI'I'F OVE _fi al_ pdated.pdf
I ENEY_MARJORIE_ L,EASE_OF°_1V ORT GACIE_AI'I'F OVED.pdf
FINANCIAL IMPACT:
N/A
1490
Doc# 2042530 08/20/2025 3:33PN1
Filed & Recorded in Official Recordsof
Recording Requested By:
MONROE COUNTY AMY HEAVILIN
OCWEN LOAN SERVICING, LLC
Docp 2042530
When Recorded Return To: BkN 2757 PgN 93
OCWEN LOAN SERVICING, LLC
240 TECHNOLOGY DRIVE
IDAHO FALLS, ID 83401
CORPORATE ASSIGNMENT OF MORTGAGE
Monroe,Florida
SELLER'S SERVICING#:7143559446 "KEENEY"
SELLER'S LENDER ID#: DW 24423
OLD SERVICING#: 17325473
Date of Assignment:August 5th, 2015
Assignor: SAND CANYON CORPORATION FKA OPTION ONE MORTGAGE CORPORATION at C/O OCWEN
LOAN SERVICING, LLC, 1661 WORTHINGTON RD, SUITE 100, WEST PALM BEACH, FL 33409
Assignee: WELLS FARGO BANK, NATIONAL ASSOCIATION,AS TRUSTEE FOR ABFC 2005-OPT1 TRUST,
ABFC ASSET-BACKED CERTIFICATES, SERIES 2005-OPT1 at C/O OCWEN LOAN SERVICING, LLC., 1661
WORTHINGTON ROAD,STE 100, WEST PALM BEACH, FL 33409
Executed By: MARJORIE ELIZABETH KEENEY,A SINGLE WOMAN To: OPTION ONE MORTGAGE
CORPORATION
Date of Mortgage: 06/15/2005 Recorded: 06/27/2005 in Book/Reel/Liber: 2127 Page/Folio: 66 as Instrument No.:
1524927 In the County of Monroe, State of Florida.
Property Address: 648 28 STREET, MARATHON, FL 33050
KNOW ALL MEN BY THESE PRESENTS, that for good and valuable consideration,the receipt and sufficiency of
which is hereby acknowledged,the said Assignor hereby assigns unto the above-named Assignee, the said
Mortgage having an original principal sum of$247,000.00 with interest, secured thereby, and the full benefit of all the
powers and of all the covenants and provisos therein contained, and the said Assignor hereby grants and conveys
unto the said Assignee, the Assignor's interest under the Mortgage.
TO HAVE AND TO HOLD the said Mortgage, and the said property unto the said Assignee forever, subject to the
terms contained in said Mortgage.
SAND CANYON CORPORATION FKA OPTION ONE MORTGAGE CORPORATION
On
By:
Karon%. mttn
Assistant acre ry
STATE OF 11DW8
COUNTY OF 1311eek Ikywk
On QUG 0 6 �A�� before me, MMY RAMM"ER a Notary Public in arr��d for BIaCk Hawk in
the State of Inym personally appeared itAtirn Cm HSSIStant.9ecretdry
personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity, and that by his/her/their signature on the instrument the person(s), or the entity
upon behalf of which the person(s)acted, executed the instrument.
E
MARY KAEYERWITNESS my h nd nd official seal, !t COMMISSION NO.78fi6J2� MY COMMISSION EXPIRES
OCTOBER 28.2017
itl[aa�a i
Notary Expires:
OCT Z 8 20V (This area for notarial seal)
Prepared By:
Karen Smith, OCWEN LOAN SERVICING, LLC 240 TECHNOLOGY DRIVE, IDAHO FALLS, ID 83401 800-766-4622
•GS•GSGMAC'08/OS/2015 12.28:33 PM'GMAC40GMACA000000000000004681627•FLMONRO'7 1 4 3 559446 FLSTATE_MORT_ASSIGN_ASSN`KS•KS1 GMAC•
MONROE COUNTY
OFFICIAL RECORDS
1491
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.
SECOND MORTGAGE
(Due on Sale, Refinancing or Rental)
COUNTY OF MONROE
SHIP LOAN PROGRAM
This second mortgage is made this June 15, 2005, between the Mortgagor, MARJORIE E.
KEENEY, a single woman, (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 Paramount Home Loans, Inc. ("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 June 15, 2005 and extensions and renewals
thereof (herein "Note,") providing for payment of principal indebtedness if not sooner paid,
due and payable on June 15, 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:
Block 1, Lot 5, Harbor Isles, PB 4-98, Key Vaca, Monroe County, Florida
Which has the address of 648 28`" Street Marathon Florida 33050
(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."
DOeq 1524928 06/27/2005 10:11AM
Filed d Recorded in Official Records of
MONROE COUNTY DANNY L. KOLHAGE This instrument was prepared by:
Special Programs Office
06/27/2005 10:11AM
MORTGAGE DOC STAMP CL: FP $157.50 1403 12th Street
Key West, FL 33140
Docq 1524928
Bkn 2127 Pga 77
BORROWER COVENANTS, represents and warrants to the Lender and its successors and
KEENEY NEW FTHB MORTGAGE 060705 Page 1 1492
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 shalt promptly pay when due the indebtedness evidenced by the
Note.
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 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 (31) 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.
Doca 1524928
Skp 2127 PgN 78
Any amounts disbursed by the Lender pursuant to this Paragraph 5, with interest thereon,
KEENEY NEW ETnB MORTGAGE 060705 Page 2 1493
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.
rn
7. Condemnation. The proceeds of any award or claim for damages, direct or r-
consequential, in connection with any condemnation or other taking of the Property, or 10 N 2-MS
part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be CD
paid to the Lender, subject to the terms of any mortgage, deed of trust or to the security O
agreement with a lien that has priority over this Mortgage. a C4
012
O iG
S. 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 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 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.
11. 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.
KEENEY NEW FrHB MORTGAGE 060705 Page 3 1494
13. Rehabilitation Loan Agreement. 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, 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
First Mortgage is satisfied or refinanced, or if the Property is leased or rented, all 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 m
Middle Keys, Inc., Habitat for Humanity of the Upper Keys, Inc. or Habitats Keys a
Solutions, Inc., this mortgage may be assumed should the following conditions exist at d
the time of sale; (a) The prospective buyer(s) qualify under SHIP Program income .00),
eligibility guidelines; (b) the transaction maintains the properties affordability to the
prospective buyer; (c) the properties long term affordability criteria are recorded, a
enforced and for a period of not less than the term of the SHIP Program mortgage and the c m
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 to assert in the foreclosure proceeding the nonexistence of a default or any other
defensive 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.
16. Borrower's Ri ht 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
KEENEY NEW FrHB MORTGAGE 060705 Page 4 1495
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 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.
18. Release. 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 Co
a
any. 10 N d
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19. Attorneys' Fees. As used in this Mortgage and in the Note, "attorneys' fees" shall O f
include attorneys' fees, if any, incurred in connection with the collection or enforcement a n
of this Mortgage or of the Note, whether or not suit is brought and whether incurred at ou m
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 SHIP 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.
KEENEY NEW FTHB MORTGAGE 060705 Page 5 1496
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.
Signed, sealed, and delivered in the presence of:
Wit ignature r. Borrower
Printed Name: 1r C AL4i
Address:
Witness Sign t re
Name: Doe# 1524928
Bk# 2127 P9# 82
Witness Signature Borrower
Printed Name:
Address:
Witness Signature
Name:
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing was acknowledged before me this %S day of
2005 by c:c jrs C P L_ LCQ A,-1 y' who is personally
known to me or who has produced a valid driver license as identification and who did not take an
oath.
APRIL MOTLEY Notary Signature
SEAL =� �gNotarY Public-state or Florida
'=MVCor &SI0nE)q*mApr11,2M7 [[ -
Commmission#DD1 79557 Printed Name:
L ,U t
Bonded BY Nation!Notary Assn.
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
KEENEY NEW FTHB MORTGAGE 060705 Page 6 1497
DocN 2046241 09/21/2015 10:4891M
Filed & Recorded in Official Records ,of
MONROE COUNTY AMY NEAVILIN
Doc# 2046241
Bk# 2761 P90 1439
WELLS FARGO BANK NATIONAL IN THE CIRCUIT COURT OF THE
ASSOCIATION AS TRUSTEE FOR ABFC SIXTEENTH JUDICIAL CIRCUIT IN AND
2005-OPTI TRUST ABFC ASSET-BACKED FOR MONROE COUNTY, FLORIDA
CERTIFICATES SERIES 2005-OPTI, GENERAL JURISDICTION DIVISION
Plaintiff, CASE NO.: CA r Z;5I_M
Vs.
NOTICE OF LIS PENDENS
MARJORIE ELIZABETH KEENEY A/K/A
MARJORIE E. KEENEY; UNKNOWN
SPOUSE OF MARJORIE ELIZABETH
KEENEY A/K/A MARJORIE E. KEENEY;
MONROE COUNTY, FLORIDA; ANY AND " r'
ALL UNKNOWN PARTIES CLAIMING BY, +- rn
THROUGH, UNDER, AND AGAINST THE � , a
HEREIN NAMED INDIVIDUAL oc C
DEFENDANT(S) WHO ARE NOT KNOWN xMp 710
TO BE DEAD OR ALIVE, WHETHER SAID rn
UNKNOWN PARTIES MAY CLAIM AN C? C)
INTEREST AS SPOUSES, HEIRS, ca
DEVISEES, GRANTEES, OR OTHER
CLAIMANTS,
Defendants.
TO: THE DEFENDANTS NAMED ABOVE AND ALL OTHERS TO WHOM IT MAY
CONCERN:
PAGE 1
15-035268 - PrN
1498
' DocO 2046241
BkN 2761 PgN 1440
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 Record Book 2127, Page 66.
LOT 5, BLOCK 1, HARBOR ISLES, A SUBDIVISION ACCORDING TO THE
PLAT THEREOF ,AS
RECORDED IN PLAT BOOK 4, PAGE 98 OF THE PUBLIC RECORDS OF
MONROE COUNTY,
FLORIDA.
-A/K/A 648 28TH ST., MARATHON, FL 33050
Including the buildings and appurtenances located thereon.
SEP 01 2M
Dated this day of , 20
ROBERTSON, ANSCHUTZ & SCHNEID, P.L.
Attorney for Plaintiff
6409 Congress Ave., Suite 100
Boca Raton, FL 33487
Telephone: 561-241-6901
Facsimile: 561-997-6909
Service Email: mail@rasflaw.com
/' � Melissa Konick
By. o. 17569
. Jonathan Meisels, Esquire
Florida Bar No. 29235
Communication Email:j.meisels@rasflaw.com
PAGE 2
15-035268 - PrN
MONROE COUNTY
OFFICIAL RECORDS
1499
IN THE FLORIDA COURT OF THE SIXTEENTH Do-ca 20869:20 08/09/2016 12:29FIM
JUDICIAL CIRCUIT OF FLORIDA IN AND FOR Filed & Recorded in Official Records of
MONROE COUNTY MONROE COUNTY AMY HEAVILIN
Doc# 2086920
GENERAL JURISDICTION DIVISION 8k13 2809 129# 2375
CASE NO: 15-CA-000251-M
WELLS FARGO BANK NATIONAL
ASSOCIATION AS TRUSTEE FOR ABFC 2005-
OPTI TRUST ABFC ASSET-BACKED
CERTIFICATES SERIES 2005-OPTI,
Plaintiff, -
vs.
MARJORIE ELIZABETH KEENEY A/K/A
MARJORIE E. KEENEY; MONROE COUNTY, `—
FLORIDA; ANY AND ALL UNKNOWN ^ C z
PARTIES CLAIMING BY, THROUGH, UNDER,
AND AGAINST THE HEREIN NAMED
INDIVIDUAL DEFENDANT(S) WHO ARE NOT
KNOWN TO BE DEAD OR ALIVE, WHETHER
SAID UNKNOWN PARTIES MAY CLAIM AN
INTEREST AS SPOUSES, HEIRS, DEVISEES,
GRANTEES, OR OTHER CLAIMANTS,
Defendant(s).
FINAL JUDGMENT OF FORECLOSURE
This action was tried before the court at a Non-Jury Trial on July 22, 2016. On the
evidence presented. IT IS ADJUDGED that Plaintiff s Final Judgment is GRANTED against all
defendants listed by name: MARJORIE ELIZABETH KEENEY A/K/A MARJORIE E.
KEENEY; MONROE COUNTY, FLORIDA;
1. Amounts Due. Plaintiff, WELLS FARGO BANK NATIONAL ASSOCIATION AS
TRUSTEE FOR ABFC 2005-OPT1 TRUST ABFC ASSET-BACKED CERTIFICATES
SERIES 2005-OPT1, whose address is c/o Ocwen Loan Servicing, LLC, 1661 Worthington
Road, Suite 100, West Palm Beach, FL 33409, is due:
Principal $224,631.67
Interest good thru date of Final Judgment July 22 2016 $12,616.94
Late Charges $56.49
Escrow Bal/Adv. $41,050.14
Title Charges $400.00
Property Inspections $389.25
Property Appraisals/BPO $246.62
SUBTOTAL $279,391.11
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Attorneys' Fees: Doc# 2086920
Finding as to reasonable number of hours: 41.5 Oka 2809 1203 2376
Finding as to reasonable hourly rate: $215.00
Flat Fee: $2,800.00
Attorneys' Fee Total: $11,722.50
Court Costs, now taxed:
Filing Fee: $932.15
Service of Process: $195.00
Lis Pendens: $14.00
Other: $480.00
Mediation Cost : $450.00
Summons: $30.00
SUBTOTAL $292,734.76
TOTAL SUM $292,734.76
That shall bear interest at a rate in accordance with section 55.03(3), Florida Statute
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 5,BLOCK 1, HARBOR ISLES,A SUBDIVISION
ACCORDING TO THE PLAT THEREOF ,AS
RECORDED IN PLAT BOOK 4,PAGE 98 OF THE PUBLIC
RECORDS OF MONROE COUNTY,
FLORIDA.
Property Address: 648 28TH ST., MARATHON,FL 33050
3. Sale of Property. If the total sum with interest at the rate described in paragraph 1 and all
costs accrued subsequent to this udgment are not paid, the Clerk of this Court shall sell the
property at public sale on the A day of ,`,0g) , 20�, to the highest bidder
for cash, except as prescribed in paragraph 4, at the courthouse located at 500 WHITEHEAD
STREET, KEY WEST,FL 33040 in Monroe County, Florida, in accordance with section
45.031, Florida Statutes (2013), using the following method:
(] Front door, Lester Building 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
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 $uch
part of it as is necessary to pay the bid in full
5. Distribution of Proceeds. On filing the certificate of title the clerk shall distribute the
proceeds of the sale, so far as they are sufficient, by paying: first, all of plaintiff s costs;
second, documentary stamps affixed to the certificate; third, plaintiff s attorneys' fees;
fourth, the total sum due to plaintiff, less the items paid, plus interest at the rate prescribed in
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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
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
the filing of the certificate of title, the person named on the certificate of title shall be let into
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$2,800.00 is reasonable and appropriate for the
Plaintiffs counsel's attorney's fees. Furthermore, the Court finds, based upon the affidavits
presented and upon inquiry of counsel for the Plaintiff, that 41.5 hours were reasonably
expended by Plaintiff's 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
Funds v. Rowe, 472 So. 2d 1145 (Fla. 1985), and the Court therefore has awarded reasonable
attorney's fees in the amount indicated in paragraph 1 of this Judgment.
8. Jurisdiction Retained.Jurisdiction is reserved over this action to enforce the Final
Judgment and to enter further orders that are proper including,without limitation, an
award of attorney's fees and costs, a deficiency decree (if sought and appropriate),writs
of possession, orders granting leave to file 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.
IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE
ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO
ARE ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THE
FINAL JUDGMENT.
IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS
REMAINING AFTER THE SALE,YOU MUST FILE A CLAIM WITH THE CLERK
NO LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM,
YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS.
IF YOU ARE THE PROPERTY OWNER,YOU MAY CLAIM THESE FUNDS
YOURSELF. YOU ARE NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER
REPRESENTATION AND YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO!
ANYONE ELSE IN ORDER FOR YOU TO CLAIM ANY MONEY TO WHICH YOU
ARE ENTITLED. PLEASE CHECK WITH THE CLERK OF THE COURT,302
FLEMING STEET, KEY WEST, FL 33040, WITHIN 10 DAYS AFTER THE SALE TO
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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. IF YOU CANNOT AFFORD
TO PAY AN ATTORNEY,YOU MAY CONTACT LEGAL SERVICES OF THE
FLORIDA KEYS, 600 WHITE STREET,KEY WEST,FL 33040,305-292-3566 TO SEE
IF YOU QUALIFY FINANCIALLY FOR THEIR SERVICES. IF THEY CANNOT
ASSIST YOU, THEY MAY BE ABLE TO REFER YOU TO A LOCAL BAR REFERRAL
AGENCY OR SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO CONTACT LEGAL
SERVICES OF THE FLORIDA KEYS FOR ASSISTANCE,YOU SHOULD DO SO AS
SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE.
ORDERED at MARATHON, MONROE COUNTY, FLORIDA this day of
40 LAAV�—, 2016.
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HO BLE RUTH BECKER
ACTING CIRCUIT COURT JUDGE
COPIES FURNISHED TO:
ROBERTSON, ANSCHUTZ & SCHNEID, P.L.
ATTORNEYS FOR PLAINTIFF
6409 CONGRESS AVE., SUITE 100
BOCA RATON, FL 33487
PRIMARY EMAIL: MAIL@RASFLAW.COM
MARJORIE ELIZABETH KEENEY A/K/A MARJORIE E. KEENEY
648 28TH ST.
MARATHON, FL 33050
MONROE COUNTY ATTORNEY'S OFFICE
PETER MORRIS
ATTORNEY FOR MONROE COUNTY, FLORIDA
1111 12TH STREET, SUITE 408
KEY WEST, FL 33040
PRIMARY EMAIL: MORRIS-PETER@MONROECOUNTY-FL.GOV
SECONDARY EMAILS: DASTUGUE-LAURIE@MONROECOUNTY-FL.GOV,CARNAGO-
JACLYN@M ONROEC OUNTY-FL.GO V ) I
cj'
15-035268 -CaA
OFFIC AL RECORDS
1503
IN THE CIRCUIT COURT OF THE
SIXTEENTH JUDICIAL CIRCUIT IN AND
FOR MONROE COUNTY, FLORIDA
Oacll 2106737 01/13/2017 9:31API
Filed $ Recorded in Official Records of
MONROE COUNTY KEVIN MADOK
CASE NO. 44-2015-CA-251-M
WELLS FARGO BANK NATIONAL ASSOCIATION AS TRUSTEE FOR ABFC 2005-OPT1 TRUST
ABFC ASSET-BACKED CERTIFICATES SERIES 2005-OPT1
Plaintiff -7
vs.
MARJORIE ELIZABETH KEENEY A/K/A MARJORIE E.KEENEY,et, al.
Defendant
CERTIFICATE OF TITLE .
tv
The undersigned Clerk of the Court certifies that he or she executed and filed a Certificate
of Sale in this action December 20, 2016 for the property described herein and that no objections
to the sale have been filed within the time allowed for filing objections.
The following property in Monroe County, Florida: DEED3DOC1 STAPIP 3CL: Krys $0.710
SEE ATTACHED LEGAL DESCRIPTION
was sold to: WELLS FAR GO BANK NATIONAL ASSOCIATION AS TRUSTEE FOR ABFC
2005-OPTI TR UST ABFC ASSET-BACKED CERTIFICATES SERIES 2005-
OPTI
CIO OCWENLOANSERVICING, LLC lkc.-O 2106737
1661 WORTHINGTON ROAD, SUITE 100 1MS 2 834 Pgq 1899
WEST PALM BEACH, FLORIDA 33409
WITNESS MY HAND AND SEAL of this Court on January 11, 2017 l\ n
Clerk o the Co rt
B
Deputy Clerk
Bid Amount $100.00
1504
Dcc# 210037
13k1$ 2834 Pgp 1900
LOT 5,BLOCK 1,HARBOR ISLES,A SUBDIVISION ACCORDING TO
THE PLAT THEREOF,AS
RECORDED IN PLAT BOOK 4,PAGE 98 OF THE PUBLIC RECORDS
OF MONROE COUNTZ', t
FLORIDA.
Property Address: 648 28TH ST.,MARATHON,FL 33050
11014ROL COUNTY
OFFICIAL RECORDS
1505
RESOLUTION NO. -2024
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 between the County
and Marjorie E. Keeney in the amount of$45,000.00 on June 15, 2005, recorded on June 27, 2005, as Document
#1524928, Book 2127, Page 77 of the public records of Monroe County, Florida, secured by the property located
at Block 1, Lot 5, Harbor Isles, PB4-98, Key Vaca, Monroe County Florida; and
WHEREAS,the First Mortgagee (WELLS FARGO BANK NATIONAL ASSOCIATION AS TRUSTEE FOR ABFC
2005-OPTI TRUST ABFC ASSET-BACKED CERTIFICATES SERIES 2005-OPTI)filed a foreclosure action on September
1, 2015 as well as Notice of Lis Pendens on September 1, 2015, Document#2046241, Book 2761, Page 1439; and
WHEREAS, a Final Judgement of Foreclosure was Ordered on August 1, 2016, sale by auction was set for
December 20, 2016 and the property was sold to the highest bidder on December 20, 2016; and
WHEREAS, the SHIP Mortgage was unable to be satisfied as the proceeds from the sale were insufficient
to allow for a recovery; and
WHEREAS,the First Mortgagee took title to the property on December 20, 2016; Document 2106737,
Book 2834, Page 1899; and
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 Block 1, Lot 5, Harbor Isles, P134-98, Key Vaca, Monroe County, Florida 33050.
PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County, Florida at a regular meeting
of said Board on the day of February 2024.
Mayor Holly Merrill Raschein
Commissioner James K. Scholl
Commissioner Craig Cates
Commissioner Michelle Lincoln
Commissioner David Rice
KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
As Deputy Clerk Mayor Holly Merrill Raschein
MONROE COUNTY ATTORNEY'S OFFICE
Approved for form and legal sufficiency
-(kLL U /I_.
Christina Cory,Assistant Cou ty Attorney
1506
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 15,2005 by Marjorie E.Keeney,to Monroe County,Florida and recorded on June 27,2005,
in Official Records Book 2127, Page 77, as Document #1524928 in the office of the Clerk of the Circuit Court of
Monroe County, State of Florida, securing certain Note in the principal sung of FORTY-FIVE THOUSAND
DOLLARS AND NO CENTS(S45,000.00), upon the property situate in said State and County described as follow,
to-wit:
Block 1,Lot S, Harbor Isles, PB4-98, Key Vaca, Monroe County, Florida
Which has the address of.- 648—28'Street,Marathon, Florida 33050
(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
2024.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY,FLORIDA
By: By:
As Deputy Clerk Holly Merrill Raschein,Mayor
STATE OF FLORIDA
COUNTY OF MONROE
Subscribed and sworn to(or affirmed)before me,by means of❑ physical presence or❑online notarization,on this day
of 2024 by Holly Merrill Raschein,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 ,2024.
Notary Signature:
Printed Name
Monroe County Attorney's Office
Approved as to form and legal sufficiency Commission No:
Commission Expires:
Christina Cory,Assistant Coui ty Attorney
1507