Item C08 C8
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
April 17, 2024
Agenda Item Number: C8
2023-2329
BULK ITEM: Yes DEPARTMENT: Social Services
TIME APPROXIMATE: STAFF CONTACT: Sheryl Graham
AGENDA ITEM WORDING: Approval of a Resolution and Release of a State Housing Initiatives
Partnership (SHIP)Program Mortgage Lien executed by Margaret J. Daniel, 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 a State Housing Initiatives Partnership (SHIP)Program
Mortgage Lien executed by Margaret J. Daniel, 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: Approval
DOCUMENTATION:
DANIPL CPRT TITLP.pdf
DANIPL M F°INAL JUDGEMENT OF FORECLOSURE.pdf
DANIPL M LIS PPNDPN .pdf
DANIPL RPCD SHIP MORTG.pdf
DANIPL M CPRT SALE.pdf
DANIPL MARGARET FORECLOSURE OLUTION F°INAL.pdf
606
DANIEL—MJ—RELEASE—OF—MORTGAGE—final.pdf
FINANCIAL IMPACT:
N/A
607
IN THE CIRCUIT COURT OF THE
SIXTEENTH JUDICIAL CIRCUIT IN AND
FOR MONROE COUNTY, FLORIDA
Doc# 2061272 01/25/2016 3:17PM
Filed & Recorded in Official Records of
MONROE COUNTY AMY HEAVILIN
CASE NO. 44-2014-CA-69-K
FIRST STATE BANK OF THE FLORIDA KEYS, A FLORIDA CORPORATION
Plaintiff 01/25/2016 3:17PM
VS. DEED DOC STAMP CL: Krys $889.70
MARGARET J. DANIEL et. al.
Defendant
CERTIFICATE OF TITLE
The undersigned Clerk of the Court certifies that he or she executed and filed a Certificate
of Sale in this action December 28, 2015 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: Doc# 2061272
Bk# 2779 Pg# 531
SEE ATTACHED LEGAL DESCRIPTION o Sz
was sold to: KEYS ISLAND PROPERTIES,LLC `-
1201 SIMONTON STREET77—r" _-- -,,
c 0
o C7
KEY WEST, FLORIDA 33040 �
`ra M
WITNESS MY HAND AND SEAL of this Court on January 20, 2016
C1 r
cc,
AMY HEAVILIN,
Cler of he Court
By.
Deputy Clerk
Bid Amount $127,100.00 GQUN TrG,�4
!� • -* 61'
ate !
0
608
Unit 1, Star Fish Cay, a Condominium, according to the
Declaration of Condomdum thereof, recorded in OMdel
j Records Book 2232, Page 874, as Amended by Instrument
filed December 15, 2000, recorded in OMdW Records Book
2269.Page 514.ant of the Public Records of Monroe County,
Florida. together with an undivided shere in the common
elements appurtenant thereto,and subject to the covenants,
conditions, restrkclons and other provisions of the
Declaration of Condominicxn and air amendments thereto.
Unit 1 further described by metes and bounds as follows: A
portion of lot 00, Summeriand Yacht Harbor Subdivision,
according to the Plat thereof as recorded In Plat Book 2,
Page 142, of the Public Records of Monroe County, Florida,
i being more particularly described by mates end bounds as
follows: Comrnenoe at the Southeast comer of the said Lot
60 and bear North a distance of 104.48 feet to a poh;
thence boar West a distance of 94.43 feet to a point; thence
bear N 03' 55' 52"E for a distance of 11.95 feet to the Point
of Begi V*V of the heroM described Unit 1; thence continue
N 03'56'22"E for a distance of 40.00 feet to a point;thence
bear N 86' 03' 380 W a distance of 20.67 Feet to a point;
thence beer S 03"56'22"W for a distance of 40.00 feat to a
point; thence beer S 86' 03' 380 E for a distance of 28.67
feet beds to the Point of Beginning.
4 *mmonly known as 98 John Street, Unit 1. Sumnwlend Key, Florida 33042 (the
PW Doca 2061272
Bkrr 2779 IP9" 532
i
a .
609
Filing# 14278101 Electronically Filed 05/30/2014 05:14:05 PM
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT IN AND FOR
MONROE COUNTY, FLORIDA
FIRST STATE BANK OF THE FLORIDA CASE NO.: 14-CA-000069-K
KEYS, a Florida corporation,
Plaintiff, Doca 2061272
Bka 2779 IPga 533
VS.
MARGARET J. DANIEL, an individual;
UNKNOWN SPOUSE OF MARGARET
J. DANIEL, an individual; COUNTY OF
MONROE, a political subdivision of the
State of Florida, STARFISH CAY
CONDOMINIUM ASSOCIATION, INC.,
A Florida non-profit corporation; JOHN
DOE, tenant in possession; and JANE
DOE, tenant in possession,
Defendants.
ASSIGNMENT OF BID
Plaintiff, First State Bank of the Florida Keys ("First State"), hereby assigns to KEYS
ISLAND PROPERTIES, LLC, a Florida limited liability company, having a mailing address at
1201 Simonton Street, Key West, Florida 33040 ("Assignee"), First State's right to the credit
bid obtained as Plaintiff pursuant to that certain Uniform Final Judgment of Foreclosure in
the sum of $215,455.65, entered on May 6, 2014, in the Circuit Court of the Sixteenth
Judicial Circuit in and for Monroe, County, Florida, in Case No. 14-CA-000069-K (the
"Foreclosure Judgment"), a true and correct copy of which is attached hereto as Exhibit "1"
and incorporated by reference. Such assignment is made without recourse, representations
or warranties, express or implied. First State expressly reserves all other rights as Plaintiff
under the Foreclosure Judgment.
The assignment of the bid as provided for herein is made on an "AS IS," "WHERE IS"
610
basis, with all faults, and Assignee, by acceptance of this Assignment, expressly
acknowledges that FIRST STATE MAKES NO WARRANTY OR REPRESENTATION,
EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW RELATING TO THE
BID OR THE JUDGMENT.
Docq 2061272
Bko 2779 IP90 534
Witness Assignor:
Q
FIRST STATE BANK OF E: FLORIDA KEYS
1 �C
P NT NAME
By:
0 0AAA Name: _
MINT 6iAME I'e cc?— Title: _
STATE OF FLORIDA )
:ss
COUNTY OF MONROE )
The foregoing instrument was acknowledged before me this day of May, 2014,
b , the ItW of FIRST STF�TE BANK OF THE
FLORI KEYS, who is1personally known to me or who has produced
as identification an w o i no
take "ain.—
SWORN TO AND SUBSCRIBED before me this?>bday of May, 2014.
AR UBLIC
My Commission Expires:
�.,,,•, AMY N.PIERCE
Notary Public-State of Florida
. ; .•z My Comm.Expires Sap 4,2016
Commission*EE 199013
Bonocd T
hrough NMWW Notary Assn.
2
611
IN THE CIRCUIT COURT OF THE
SIXTEENTH JUDICIAL CIRCUIT IN
AND FOR MON:!OE COUNTY,
FLORIDA
CASE NO.:14-CA-000Q69-K
FIRST STATE BANK OF THE FLORIDA
KEYS, a Florida corporation,
Bkp#277912P9p 535
Plaintiff,
V.
MARGARET J. DANIEL, an individual;
UNKNOWN SPOUSE OF MARGARET
J. DANIEL, an individual; COUNTY OF
MONROE, a political subdivision of the
State of Florida, STARFISH CAY
CONDOMINIUM ASSOCIATION, INC.,
a Florida non-profit corporation; JOHN
DOE, tenant in possession; and JANE
DOE, tenant in possession,
Defendants.
UNIFORM FINAL JUDGMENT OF FORECLOSURE
This action came before the Court on April 30, 2014 at 11:00 a.m. on the Order
to Show Cause Why Final Judgment of Foreclosure Should Not Be Entered dated
February 21, 2014. The Court having reviewed the file, heard argument of counsel,
having determined that the defendants have failed to raise a genuine issue of fact which
would preclude the entry of summary judgment or otherwise constitute a legal defense
to foreclosure and being otherwise advised in the premises,
IT IS ORDERED AND ADJUDGED that:
1. Plaintiff, FIRST STATE BANK OF THE FLORIDA KEYS, 1201 Simonton
Street, Key West, Florida 33040, is due:
Description - Amount
Principal $ 191,574.11
l �
612
DocN 2061272
BkN 2779 IPgN 536
CAST:NO.14-CA-000069-K
Regular Interest at 3.375%from January 17, 2013
through April 30, 2014 $ 8,067.47
(per diem of$17.960072
Late Charges $ 1,066.77
Negative Escrow Balance $ 1,964.06
Attorneys' Fees
Findings as to reasonable number of hours: 37.9
Findings as to reasonable hourly rate: $286.86
Attorneys' fee total $ 10,872.10
Court costs, now taxed
Lien and Title Search $ 260.00
Photocopies :$ 141.60
Filing Fee :$ 934.73
Process Service Fees $ 648.40
Postage ;i 5.05
Legal Research Fees ;i 12.36
Recording Fees 9.00
TOTAL ;i 215,455.65
that shall bear interest at the rate of 4.75% per year from the data of entry of this
Uniform Final Judgment of Foreclosure.
2. Plaintiff holds a lien for the total sum superior to all claims or estates of
defendant(s), on the following described real property in Monroe Counly Florida:
Unit 1, Star Fish Cay, a Condominium, according to the
Declaration of Condominium thereof, recorded in Official
Records Book 2232, Page 874. as Amended by Instrument
filed December 15, 2006, recorded in Official Records Book
2259, Page 514, all of the Public Records of Monroe County,
Florida, together with an undivided share in the con-mon
elements appurtenant thereto, and subject to the covenants,
conditions, restrictions and other provisions of the
Declaration of Condominium and all amendments thereto.
Unit 1 further described by metes and bounds as follows: A
portion of Lot 60, Summerland Yacht Harbor Subdivision,
2
613
DOCK 2061272
BkN 2779 IPgN 537
CASE?NO.:14-CA-000069-K
according to the Plat thereof as recorded in Plat Bcok 2,
Page 142, of the Public Records of Monroe County, Florida,
being more particularly described by metes and bound's as
follows: Commence at the Southeast comer of the said Lot
60 and bear North a distance of 104.48 feet to a point;
thence bear West a distance of 94.43 feet to a point; tho3nce
bear N 03' 55' 52" E for a distance of 11.95 feet to the Point
of Beginning of the herein described Unit 1; thence continue
N 03° 56' 22" E for a distance of 40.00 feet to a point; thence
bear N 86. 03' 38" W a distance of 26.67 feet to a point;
thence bear S 03" 56' 22"W for a distance of 40.00 feet to a
point; thence bear S 860 03' 38" E for a distance of 26.67
feet back to the Point of Beginning.
commonly known as 98 John Street, Unit 1, Summerland Key, Florida 33042 (the
"Property").
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 as set forth below to the highest bidder for cash, except as
prescribed in paragraph 4, in accordance with section 45.031, Florida Statutes, using
the following method:
Sales Information Date Clerk Inserts Time Location
Cleric of Court
Monroe County Una ��ap 14 j;pQ p_M 500 Whitehead Street
Key'Vest, FL 33040
4. Plaintiff shall advance all subsequent costs of this act on 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 bs responsible for
the documentary stamps payable on the certificate of title. If Plaintiff is the purchaser,
the clerk shall credit plaintiffs 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.
5. On filing the certificate of title the clerk shall distribute ths.* proceeds of the
sale, so far as they are sufficient, by paying: first, all of Plaintiff, costs; second,
documentary stamps affixed to the certificate; third, plaintiffs attorneys' fees; fourth, the
total sum due to Plaintiff, less the items paid, plus interest at the rate prescribed in
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. On filing the certificate of sale, defendant(s) and all -ersons claiming
under or against defendant(s) since the filing of the notice of lis pendens shall be
3
614
Docq 2061272
Bkp 2779 P9p 538
CASE NO.:14-CA-000069-K
foreclosed of all estate or claim in the property, except as to clairis 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 zossession of the
property.
7. Jurisdiction of this action is retained to enter further ordors that are proper
including, without limitation, a deficiency judgment.
8. Additions, Modifications or Changes to Standard Form
a. No further order of Court is required to issue certificate of title in the
event an assignment of bid is filed.
b. Jurisdiction of this action is retained in the even. a supplemental
complaint is needed in order to add an inadvertently emitted defendant
in these foreclosure proceedings.
c. The Court finds that pursuant to the Florida Statute § 718.116(b)(1), if
First State Bank of the Florida Keys or its successor or assignee
acquires title to the Property by foreclosure, :heir liability for
assessments that became due before acquisition of title is limited to
the lesser of: (a) assessments which came due curing the twelve
months prior to such acquisition; or (b) 1% of the original mortgage
debt.
If this property is sold at public auction, there may be additional money from the
sale after payment of persons who are entitled to be paid from the sale proceeds
pursuant to this Final Judgment.
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 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 C-R 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, MONROE
COUNTY, FLORIDA 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,
4
615
Docp 2061272
Bka 2779 IPg# 539
CAS-NO.:14-CA-000069-K
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 WHITEHEAD STREET, KEY WEST, FLORIDA 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 1'OU CHOOSE TO
CONTACT LEGAL SERVICES OF THE FLORIDA KEYS, 600 WHITEHEAD STREET,
KEY WEST, FLORIDA 33040, (305) 292-3566, FOR ASSISTANCE, YOU SHOULD
DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE.
DONE AND ORDERED at Key West, Monroe County, Florida on this
day of , 2014.
David J. Audlirl, Jr.
THE HONORABLE DAVID +. AUDLIN, JR.
CIRCUIT COURT JUDGE
Copies fumished to:
Gary M. Freedman
Tabas, Freedman&Soloff, P.A.
One Flagler Building
14 N.E. 1st Avenue, Penthouse
Miami, Florida 33132
Peter H.Morris
Monroe County Attorney's Office
1111 12th Street. Suite 408
Key West, Florida 33040
Justin R.Infurna
The Infuma Law Firm, P.A.
69 East Pine Street
Orlando, Florida 32801
Tamekia Wright
Nicola Burgess
98 John Street, Unit 1
Summerland Key, Florida 33042
Jeff Schaumleffel
10120 Bluff Court
Orlando, Florida 32821
Starfish Cay Condominium Association,Inc. c/o Patience Accounting
24986 Overseas Highway
Summerland Key. Florida 33042
MONROE COU14TY
OFFICIAL RECORDS
5
616
IN THE CIRCUIT COURT OF THE
SIXTEENTH JUDICIAL CIRCUIT IN
Doca 1980901 05/15/2014 10:010M AND FOR MONROE COUNTY,
Filed
R l Records of
MONROECOUNTY in
HEAVILN FLORIDA
CASE NO.:14-CA-000069-K
FIRST STATE BANK OF THE FLORIDA
KEYS, a Florida corporation,
Plaintiff, Doca 1980901
Bka 2684 P9a 874
V.
MARGARET J. DANIEL, an individual;
UNKNOWN SPOUSE OF MARGARET
J. DANIEL, an individual; COUNTY OF
MONROE, a political subdivision of the
State of Florida, STARFISH CAY
CONDOMINIUM ASSOCIATION, INC.,
a Florida non-profit corporation; JOHN
DOE, tenant in possession; and JANE
DOE, tenant in possession,
Defendants.
UNIFORM FINAL JUDGMENT OF FORECLOSURE
This action came before the Court on April 30, 2014 at 11:00 a.m. on the Order
to Show Cause Why Final Judgment of Foreclosure Should Not Be Entered dated
February 21, 2014. The Court having reviewed the file, heard argument of counsel,
having determined that the defendants have failed to raise a genuine issue of fact which
would preclude the entry of summary judgment or otherwise constitute a legal defense
to foreclosure and being otherwise advised in the premises,
IT IS ORDERED AND ADJUDGED that:
1. Plaintiff, FIRST STATE BANK OF THE FLORIDA KEYS, 1201 Simonton
Street, Key West, Florida 33040, is due:
Description Amount
Principal $ 191,574.11
617
Docq 1980901
Ska 2684 Pg# 875 CASE NO.:14-CA-000069-K
Regular Interest at 3.375% from January 17, 2013
through April 30, 2014 $ 8,067.47
per diem of$17.960072
Late Charges $ 1,066.77
Negative Escrow Balance $ 1,964.06
Attorneys' Fees
Findings as to reasonable number of hours: 37.9
Findings as to reasonable hourly rate: $ 286.86
Attorneys' fee total $ 10,872.10
Court costs, now taxed
Lien and Title Search $ 260.00
Photocopies $ 141.60
Filing Fee $ 934.73
Process Service Fees $ 548.40
Postage $ 5.05
Legal Research Fees $ 12.36
Recording Fees $ 9.00
TOTAL $ 215,455.65
that shall bear interest at the rate of 4.75% per year from the date of entry of this
Uniform Final Judgment of Foreclosure.
2. Plaintiff holds a lien for the total sum superior to all claims or estates of
defendant(s), on the following described real property in Monroe County Florida:
Unit 1, Star Fish Cay, a Condominium, according to the
Declaration of Condominium thereof, recorded in Official
Records Book 2232, Page 874, as Amended by Instrument
filed December 15, 2006, recorded in Official Records Book
2259, Page 514, all of the Public Records of Monroe County,
Florida, together with an undivided share in the common
elements appurtenant thereto, and subject to the covenants,
conditions, restrictions and other provisions of the
Declaration of Condominium and all amendments thereto.
Unit 1 further described by metes and bounds as follows: A
portion of Lot 60, Summerland Yacht Harbor Subdivision,
2
618
Doe# 1980901
Bk# 2684 Pg# 876 CASE NO.:14-CA-000069-K
according to the Plat thereof as recorded in Plat Book 2,
Page 142, of the Public Records of Monroe County, Florida,
being more particularly described by metes and bounds as
follows: Commence at the Southeast corner of the said Lot
60 and bear North a distance of 104.48 feet to a point;
thence bear West a distance of 94.43 feet to a point; thence
bear N 03' 55' 52" E for a distance of 11.95 feet to the Point
of Beginning of the herein described Unit 1; thence continue
N 03° 56' 22" E for a distance of 40.00 feet to a point; thence
bear N 86' 03' 38" W a distance of 26.67 feet to a point;
thence bear S 03" 56' 22" W for a distance of 40.00 feet to a
point; thence bear S 86° 03' 38" E for a distance of 26.67
feet back to the Point of Beginning.
commonly known as 98 John Street, Unit 1, Summerland Key, Florida 33042 (the
"Property").
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 as set forth below to the highest bidder for cash, except as
prescribed in paragraph 4, in accordance with section 45.031, Florida Statutes, using
the following method:
Sales Information Date [Clerk Inserts Time Location
�., Clerk of Court
Monroe County �Ju�rci"� I f r O 0 500 Whitehead Street
Key West, FL 33040
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 plaintiffs 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.
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 Plaintiffs costs; second,
documentary stamps affixed to the certificate; third, plaintiffs attorneys' fees; fourth, the
total sum due to Plaintiff, less the items paid, plus interest at the rate prescribed in
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. 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
3
619
DocU 1980901
Bko 2684 PgU 877 CASE NO.:14-CA-000069-K
foreclosed of all estate or claim in the property, 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. Jurisdiction of this action is retained to enter further orders that are proper
including, without limitation, a deficiency judgment.
8. Additions, Modifications or Changes to Standard Form
a. No further order of Court is required to issue certificate of title in the
event an assignment of bid is filed.
b. Jurisdiction of this action is retained in the event a supplemental
complaint is needed in order to add an inadvertently omitted defendant
in these foreclosure proceedings.
c. The Court finds that pursuant to the Florida Statute § 718.116(b)(1), if
First State Bank of the Florida Keys or its successor or assignee
acquires title to the Property by foreclosure, their liability for
assessments that became due before acquisition of title is limited to
the lesser of: (a) assessments which came due during the twelve
months prior to such acquisition; or (b) 1% of the original mortgage
debt.
If this property is sold at public auction, there may be additional money from the
sale after payment of persons who are entitled to be paid from the sale proceeds
pursuant to this Final Judgment.
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 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 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, MONROE
COUNTY, FLORIDA 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,
4
620
Doc# 1980901
Bk# 2684 Pg# 878 CASE N0.:14-CA-000069-K
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 WHITEHEAD STREET, KEY WEST, FLORIDA 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, 600 WHITEHEAD STREET,
KEY WEST, FLORIDA 33040, (305) 292-3566, FOR ASSISTANCE, YOU SHOULD
DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE.
DONE AND ORDERED at Key West, Monroe County, Florida on this
day of , 2014.
r
E ONO BLE DAVI IN, JR.
CIRCUIT COURT JUDGE
Copies furnished to:
Gary M. Freedman
Tabas, Freedman & Soloff, P.A.
One Flagler Building
14 N.E. 1st Avenue, Penthouse
Miami, Florida 33132
Peter H. Morris
Monroe County Attorney's Office
1111 12th Street, Suite 408
Key West, Florida 33040
Justin R. Infurna
The Infurna Law Firm, P.A.
69 East Pine Street
Orlando, Florida 32801
Tamekia Wright
Nicola Burgess
98 John Street, Unit 1
Summerland Key, Florida 33042
Jeff Schaumleffel
10120 Bluff Court
Orlando, Florida 32821
Starfish Cay Condominium Association, Inc. c/o Patience Accounting
24986 Overseas Highway
Summerland Key, Florida 33042
MONROE COUNTY
OFFICIAL RECORDS
5
621
Doc# 1967504 02/04/2014 8:32AII
Filed
MONROE Recorded
COUNTY 3n official AMY HEAVILINords of
DocN 1967504
Bka 2669 P9a 1933
IN THE CIRCUIT COURT OF THE
SIXTEENTH JUDICIAL CIRCUIT IN AND
FOR MONROE COUNTY, FLORIDA
CASE NO.: 14-CA-000069-K
FIRST STATE BANK OF THE FLORIDA
KEYS, a Florida corporation, _ r
Plaintiff,
V.
r
MARGARET J. DANIEL, an individual;
cx3
UNKNOWN SPOUSE OF MARGARET J.
DANIEL, an individual; COUNTY OF
MONROE, a political subdivision of the
State of Florida, STARFISH CAY
CONDOMINIUM ASSOCIATION, INC., a
Florida non-profit corporation; JOHN
DOE, tenant in possession; and JANE
DOE, tenant in possession,
Defendants.
NOTICE OF LIS PENDENS
TO: MARGARET J. DANIEL, an individual; UNKNOWN SPOUSE OF MARGARET J.
DANIEL, an individual; COUNTY OF MONROE, a political subdivision of the
State of Florida, STARFISH CAY CONDOMINIUM ASSOCIATION, INC., a Florida
non-profit corporation; JOHN DOE, tenant in possession; and JANE DOE,
tenant in possession
YOU ARE NOTIFIED of the institution of this action by Plaintiff, First State Bank of the
Florida Keys, against you seeking to foreclose a mortgage with respect to that certain real
property (the "Real Property") located at 98 John Street, Unit 1, Summerland Key, Florida
33042 in Monroe County, Florida, more particularly described as follows:
TABAS.FREEDMAN R SOLOFF,P.A.-ONE FLAGLER BUILDING,14 NORTHEAST FIRST AVENUE;PENTHOUSE,MIAMI,FLORIDA 33132.(305)375-8171 622
CASE NO.: 14-CA-000069-K
Unit 1, Star Fish Cay, a Condominium, according to the xc
Declaration of Condominium thereof, recorded in Official as
Records Book 2232, Page 874, as Amended by Instrument ��
filed December 15, 2006, recorded in Official Records Book �o0
2259, Page 514, all of the Public Records of Monroe County, Lq
Florida, together with an undivided share in the common a
elements appurtenant thereto, and subject to the covenants,
conditions, restrictions and other provisions of the Declaration
of Condominium and all amendments thereto.
Unit 1 further described by metes and bounds as follows: A
portion of Lot 60, Summerland Yacht Harbor Subdivision,
according to the Plat thereof as recorded in Plat Book 2, Page
142, of the Public Records of Monroe County, Florida, being
more particularly described by metes and bounds as follows:
Commence at the Southeast corner of the said Lot 60 and bear
North a distance of 104.48 feet to a point; thence bear West a
distance of 94.43 feet to a point; thence bear N 03' 55' 52" E
for a distance of 11.95 feet to the Point of Beginning of the
herein described Unit 1; thence continue N 03' 56' 22" E for a
distance of 40.00 feet to a point; thence bear N 86' 03' 38" W a
distance of 26.67 feet to a point; thence bear S 03" 56' 22" W
for a distance of 40.00 feet to a point; thence bear S 86° 03' 38"
E for a distance of 26.67 feet back to the Point of Beginning.
Dated: January 28, 2014
Respectfully submitted,
a reedman
Florida Bar No.:727260
Mahra Sarofsky
Florida Bar No.: 33637
Tabas, Freedman & Soloff, P.A.
Attorneys for First State Bank of the Florida Keys
Telephone: (305) 375-8171
Telefax: (305) 381-7708
service@tabasfreedman.com
gfreedman@tabasfreedman.com
msarofsky@tabasfreedman.com
MONROE COUNTY
OFFICIAL RECORDS
2
TABAS,FREEDMAN& SOLOFF,P.A. ONE FLAGLER BUILDING,14 NORTHEAST FIRST AVENUE,PENTHOUSE,MIAMI,FLORIDA 33132-(305)375-8171
623
Doeii 1628836 02/22/2007 10:43AM
This instrument was prepared by: Filed & Recorded in Official Records of
MONROE COUNTY DANNY L. KOLHAGE
Monroe County Housing Authority
1400 Kennedy Drive 02/22/2007 10:43AM
Key best, FL 33040 INTANGIBLE TAX CL: PW $90.00
MORTGAGE DOC STAMP CL: PW $157.50
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) Doeit 1628836
Bkp 2274 PgN 967
COUNTY OF MONROE
SHIP HOMEBUYER ASSISTANCE LOAN
AFFORDABLE HOUSING PERMIT PROPERTY
This second mortgage is made this 1 S� day of February, 2007, between the Mortgagor,
MARGARET J. DANIEL (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 The First State Bank of the Florida 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 Monroe County State Housing Initiatives
Program (SHIP) for a Homebuyer Assistance 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 February 161' , 2007 and extensions and
renewals thereof (herein "Note,") providing for payment of principal indebtedness if not
sooner paid, due and payable on February i Ste, 2037.
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 60 SUMMERLAND YACHT HARBOR SUBDISIVION F/K/A GO LOT 9, SEC 26,
TWN 665, RNG 28 EAST UNIT#1
Which has the address of : 98 JOHN STREET, SUMMERLAND KEY, FL 33042
(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."
Page 1 �� 624
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 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 (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 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.
Doch 1628836
Bkp 2274 Pg" 968
Page 2 V" 625
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 all
any such inspection specifying reasonable cause therefor to the Lender's interest in the COrn
Property. m a
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CO
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7. Condemnation. The proceeds of any award or claim for damages, direct or CM
consequential, in connection with any condemnation or other taking of the Property, or N
part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be o m
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 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.
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.
Page `J���626
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 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, m
transferred, gifted or otherwise conveyed, whether by voluntary act, involuntarily, by rn
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 CO
o
First Mortgage is satisfied or refinanced, or if the Property is leased or rented, all sums to N
CM
secured by this Mortgage shall immediately become due and payable as provided herein. u a
O Y
G m
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 repaid and a new mortgage to the purchaser provided 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.
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 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.
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 627
Page 4
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. Assignment 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.
19. 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 any.
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.
21_ 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.
22. 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.
Docp 1628836
Skq 2274 P9" 971
Page 5 ��� 628
Doca 1628836
Bkq 2274 Pgp 972
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, ed, and delivered in the presence of:
Witness ignature Borrower
Printed Na JERICA I. GARP,1Cr RODR1GUEz
LAddress:
Witness Signature
Name: - -PR r ke r
Witness Signature Borrower
Printed Name:
Address:
Witness Signature
Name:
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing was acknowledged before me this day of F�1/3
2007 by J . r") tlj4"Ll , who is personally
known to me or whd has produced a valid driver license as identification and who did not take an
oath.
- ary ignature
SEAL
Printed Name:
Commission Number:
My Commission Expires:
THIS MORTGAGE IS GIVEN TO MONROE COUNTY AND IS SUBJECT TO PAYMENT OF
DOCUMENTARY STAMP TAXATION PURSUANT TO FLORIDA STATUTE 420.513
Page 6 629
DOCp 1628836
Bkp 2274 PgN 973
EXHIBIT A
Unit 1, STAR FISH CAY, a Condominium, according to the Declaration of Condominium thereof, recorded in
Official Records Book 2232, Page 874, as Amended by instrument filed December 15, 2006, recorded in
Official Records Book 2259, Page 514, all of the Public Records of Monroe County, Florida, together with an
undivided share in the common elements appurtenant thereto, and subject to the covenants, conditions,
restrictions and other provisions of the Declaration of Condominium and all amendments thereto.
Unit 1 further described by metes and bounds as follows: A portion of Lot 60, Summerland Yacht Harbor
Subdivision, according to the Plat thereof as recorded in Plat Book 2, Page 142 of the Public Records of Monroe
County, Florida, being more particularly described by metes and bounds as follows: Commence at the
Southeast corner of the said Lot 60 and bear North a distance of 104.48 feet to a point; thence bear West a
distance of 94.43 feet to a point; thence bear N 03' 55'52" E for a distance of 11.95 feet to the Point of
Beginning of the herein described Unit 1; thence continue N 03' 56'22" E for a distance of 40.00 feet to a point;
thence bear N 860 03' 38"W a distance of 26.67 feet to a point; thence bear S 03" 56'22"W for a distance of
40.00 feet to a point; thence bear S 860 03' 38" E for a distance of 26.67 feet back to the Point of Beginning.
MONROE COUNTY
OFFICIAL RECORDS
630
IN THE CIRCUIT COURT OF THE
SIXTEENTH JUDICAL CIRCUIT IN AND
FOR MONROE COUNTY, FLORIDA
DocH 2058625 12/30/2015 11:209IN
Filed & Recorded in Official Records of
MONROE COU14TY AMY HEAVILIN
CASE NO:44-2014-CA-000069-K
FIRST STATE BANK OF THE FLORIDA KEYS,A FLORIDA CORPORATION
PLAINTIFF -3
VS.
u+
rn
_x- i r y C3
-:I
MARGARET J. DANIEL, et.al ;-T
Defendant
coy-
Docp 2058625 ---+!c n
Bkp 2776 IPgp 402
CERTIFICATE OF SALE `01
The undersigned Clerk of the Court certifies that Notice of Public Sale of the property described in the
Final Judgment was published in the KEY WEST CITIZEN a newspaper circulated in Monroe County,
Florida, in the manner shown by the Proof of Publication attached.
See attached Property Description
And on December 29, 2015 the property was offered for public sale to the highest and best bidder for cash.
The highest and best bid received for the property was submitted by KEYS ISLAND PROPERTIES, LLC to whom
the property was sold.
The proceeds of the sale are retained for distribution in accordance with the Final Judgment.
WITNESS MY HAND AND SEAL of this Court on December 29, 2015
AMY HEAVILIN,
Clerk of the C urt
B •
.��oUr�rYZ'�II
Bid: $127,100.00 •••••�••
O
AW
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631
Unit 1, Star Fish Cay, a Condominium, according to the
Declaration of Condominium thereof, recorded in Official
Records Book 2232, Page 874, as Amended by Instrument
filed December 15, 2006, recorded in Official Records Book
2259, Page 514, all of the Public Records of Monroe County,
Florida, together with an undivided share in the common
elements appurtenant thereto, and subject to the covenants,
conditions, restrictions and other provisions of the
Declaration of Condominium and all amendments thereto.
Unit 1 further described by metes and bounds as follows: A
portion of Lot 60, Summeriand Yacht Harbor Subdivision,
according to the Plat thereof as recorded in Plat Book 2,
Page 142, of the Public Records of Monroe County, Florida,
being more particularly described by metes and bounds as
follows: Commence at the Southeast comer of the said Lot
i 60 and bear North a distance of 104.48 feet to a point:
thence bear West a distance of 94.43 feet to a point; thence
bear N 03' 55' 52"E for a distance of 11.96 feet to the Point
of Beginning of the herein described Unit 1; thence continue
N 03' 56' 22" E for a distance of 40.00 feet to a point; thence
bear N 86' 03' 38" W a distance of 26.67 feet to a point;
thence bear S 03"56' 22"W for a distance of 40.00 feet to a
point; thence bear S 86' 03' 38" E for a distance of 26.67
feet back to the Point of Beginning.
'Oommonly known as 98 John Street, Unit 1, Summerland Key, Florida 33042 (the
tJTt r�
'Propsfir')
Doca 2058625
Bku 2776 pgo 403
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�M
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�WflvpdNFST STATE OF FLORIDA
n-FI-McKe"Only Deily Newspaper,Est.1676 COUNTY OF MONROE
Cooke Communications, LLC
Florida Keys
PO Box 1800 Before the undersigned authority personally appeared Tommy Todd, who on
Key West FI 33041 oath says that he is Advertising Director of the Key West Citizen, a daily
Office....305-292-7777 newspaper published in Key West, in Monroe County, Florida; that the
Extension...x219 attached copy of advertisement, being a legal notice in the matter of
Fax.......305-295-8025 (�,�
legals@keysnews,com I l l �G�A �E Dr)N I
ry
INTERNET PUBLISHING L- 7 `= m
keywest.com d" l t_0 l CA — C'
keysnews.com - :
floridakeys.com
key-west.com was published in said newspaper in the issue(s) of
Web Design Services
NEWSPAPERS N
The Citizen
Florida Keys Free Press Affiant further says that the Key West Citizen is a newspaper-published in
Key West, in said Monroe County, Florida and that the said newspaper has
Commercial Printing
ICES heretofore been continuously published in said Monroe County, Florida every
Direct Mail day, and has been entered as second-class mail matter at the post office in Key
FLORIDA KEYS OFFICES West, in said Monroe County, Florida, for a period of 1 year next preceding
Printing/Main Facility the first publication of the attached copy of advertisement; and affiant further
3420 Northside Drive
Key west, FL says that he has neither paid pr 'sed any p n, 1r corporation any
Tel 0-1 29 discount, rebate, commis 'on or refu f the purpose securing this
Tel 305-292-7777
Fax 305-294-0768 advertisement for publica ion in the said n wspaper.
citizen(a)keywest.com
Internet Division
Tel 305-292-1880
Fax 305-294-1699 Doc# 20586:25
sales@keywest.com Bk# 2776 IPg# 404 _1 Signature of Affiant
Upper Keys Office
91731 Overseas Hwy Sworn and subscribed before me thisZ C da of C Tavernier,FL 33070 y Cc,,, _ 2�15
Tel 305-853-7277
Fax 305-853-0556
freepress@floridakeys.com �a 1,R'44 DAWN KAWZINSKY
Notary Public: ��NOTARY PUBLIC
'ESTATE OF FLORIDA
l" z` Comm#EE157233
s*4 t9�0 Expires 1/4/2016
Dawn Kawzinsky
Expires: 1/4/16 Notary Seal
Personally Known x Produced Identification
Type of Identification Produced
633
IN THE CIRCUIT COURT OF
THE SIXTEENTH JUDICAL Pursuant to ORDER
CIRCUIT IN AND FOR RESCHEDULING
MONROE COUNTY FORECLOSURE SALE entered
NOTICE OF FORECLOSURE in a case pending in slid Court,
SALE 13Y CLERK OF THE the 3rd day of November,2015.
CIRCUIT COURT Style of which is:
Notice is hereby given that the FIRST STATE BANK OF THE
undersigned,AMY HEAVILIN, FLORIDA KEYS,A FLORIDA
Clerk of the Circuit Court of CORPORATION,
Monroe-County,Florida,will,on Plaintiff
the 28th day of December, VS.
2015,at 11:00 a.m.,on the
Front Steps of the Monroe MARGARET J.DANIEL,an
County Courthouse,500 individual,et:al,
Whitehead Street,Monroe Defendants.
County in the City of Key West,
Florida,offer for sale and sell at And the Docket Number of,,,4,.
public outcry to the highest and which is Number %"
best bidder for CASH the 44-2014-CA-69-K
following described property
situated in Monroe County, WITNESS my hand and the ;.
Florida,to wit: Official Seal of Said Court,mis
6th day of November,2015.
LEGAL DESCRIPTION Amy Heavillin,
Unit 1,Star Fish Cay,a Clerk of the Circuit Court
Condominium,according to Monroe County,Florida
the Declaration of By:Shonta McLeod
Condominium thereof, Deputy Clark
recorded in Official Records
Book 2232,Page 874,as Florida Statute 45.031:Any
Amended by Instrument filed person claiming an interest in
December 15,2006,recorded the surplus from the sale,if any,
In Official Records Book other than the property owner'
2M,Page 514,all of the as of the date of the Lis
Public Records of.Monroe Pandens must file a claim within
County,Florida,together with 60 days after the sale.
an undivided share in the
common elements December 13&20,2015
appurtenant thereto,and Key West Citizen
subject to the covenants,
conditions,restrictions and
other provisions of the
Declaration of Condominium
and all amendments thsreb.
Unit 1 further described by
metes and bounds as
follows:A portion of Lot$0,
Surnmedad Yacht Harbor
Subdiv aidnnaccordi g to thepocp 2��6S61P9p 405
Plat thereof as recorded in gkq
Plat Book 2,Page 142,of the
Public Records of Monroe
County,Florlda,-being more
particularly described by
metes and bounds as
foNoars:Commence at the
tsoutheast comer of the said
Lot 60 and bear North a
distance of 104.48 feet to a
paint;thence bear West a
distance of 94.43'feet to a
Point;thence bear N 63'55,
52 E for a distance of 11.95
feet to the Point of Beginning
of the herein described Unit
1;thence continue N 03'56,
22"E for a distance of 40.00
feet to a point;thence bear N
86'03'36"W a distance of
26.67.feet to a point;thence
bear S 03"56'22"W for a
distance pf 40.00 feet to a
point;thence bear 86'03'
28"E for a dtatolnce of 26.67
feet back to the Point of
Ek%h!rft.
cornnriNy kmwint as tie John
$treat,Unk 1,3nd
Key,Florida 3042
634
Filing# 14278101 Electronically Filed 05/30/2014 05:14:05 PM
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT IN AND FOR
MONROE COUNTY, FLORIDA
FIRST STATE BANK OF THE FLORIDA CASE NO.: 14-CA-000069-K
KEYS, a Florida corporation,
Plaintiff, Doc# 20586:25
Bk# 2776 IPg# 406
VS.
MARGARET J. DANIEL, an individual;
UNKNOWN SPOUSE OF MARGARET
J. DANIEL, an individual; COUNTY OF
MONROE, a political subdivision of the
State of Florida, STARFISH CAY
CONDOMINIUM ASSOCIATION, INC.,
A Florida non-profit corporation; JOHN
DOE, tenant in possession; and JANE
DOE, tenant in possession,
Defendants.
ASSIGNMENT OF BID
Plaintiff, First State Bank of the Florida Keys ("First State"), hereby assigns to KEYS
ISLAND PROPERTIES, LLC, a Florida limited liability company, having a mailing address at
1201 Simonton Street, Key West, Florida 33040 ("Assignee"), First Stat_'s right to the credit
bid obtained as Plaintiff pursuant to that certain Uniform Final Judgment of Foreclosure in
the sum of $215,455.65, entered on May 6, 2014, in the Circuit Court of the Sixteenth
Judicial Circuit in and for Monroe, County, Florida, in Case No. 14-CA-000069-K (the
"Foreclosure Judgment"), a true and correct copy of which is attached hereto as Exhibit "1"
and incorporated by reference. Such assignment is made without recourse, representations
or warranties, express or implied. First State expressly reserves all other rights as Plaintiff
under the Foreclosure Judgment.
The assignment of the bid as provided for herein is made on an "AS IS," "WHERE IS"
635
basis, with all faults, and Assignee, by acceptance of this Assignment, expressly
acknowledges that FIRST STATE MAKES NO WARRANTY OR REPRESENTATION,
EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW RELATING TO THE
BID OR THE JUDGMENT.
Doca 2058625
Bk# 2776 IP9N 407
Witness Assignor:
�) `� {^j FIRST STATE BANK OF E: FLORIDA KEYS
P NT NAME
By: _
Name: _
POTINT61AME hION4 ALKe GC...- Title:
STATE OF FLORIDA )
:ss
COUNTY OF MONROE )
The foregoing instrument was ackno ledged before me this day of May, 2014,
b , the , of FIRST STATE BANK OF THE
FLORI KEYS, who i personally known to me or who has produced
as identification and Who t no
SWORN TO AND SUBSCRIBED before me this?>6day of May, 2014.
'OTA—R—YLO U B L I C
My Commission Expires:
,•,�,a;�!;.,,,�M N.PIERCE
Notary Public•State of Florida
.• my Comm.Expires Sep 4,2016
Commiasion N EE 199013
• °;,; Bonded Through NOW Ulu Assn.
2
636
IN THE CIRCUIT COURT OF THE
SIXTEENTH JUDICIAL CIRCUIT IN
AND FOR MON=tOE COUNTY,
FLORIDA
CASE NO.:14-CA-000Q69-K
FIRST STATE BANK OF THE FLORIDA
KEYS, a Florida corporation,
Docq 2058625
Plaintiff, Bkp 2776 IPgp 408
V.
MARGARET J. DANIEL, an individual;
UNKNOWN SPOUSE OF MARGARET
J. DANIEL, an individual; COUNTY OF
MONROE, a political subdivision of the
State of Florida, STARFISH CAY
CONDOMINIUM ASSOCIATION, INC.,
a Florida non-profit corporation; JOHN
DOE, tenant in possession; and JANE
DOE, tenant in possession,
Defendants.
UNIFORM FINAL JUDGMENT OF FORECLOSURE
This action came before the Court on April 30, 2014 at 11:00 a.m. on the Order
to Show Cause Why Final Judgment of Foreclosure Should Not Be Entered dated
February 21, 2014. The Court having reviewed the file, heard argument of counsel,
having determined that the defendants have failed to raise a genuine issue of fact which
would preclude the entry of summary judgment or otherwise constitute a legal defense
to foreclosure and being otherwise advised in the premises,
IT IS ORDERED AND ADJUDGED that:
1. Plaintiff, FIRST STATE BANK OF THE FLORIDA KEYS, 1201 Simonton
Street, Key West, Florida 33040, is due:
Description - Amount
Principal $ 191,574.11
t �
637
CAS!?NO.:14-CA-000069-K
Regular Interest at 3.375%from January 17, 2013
through April 30, 2014 $ 8,067.47
(per diem of$17.960072 _
Late Charges $ 1,066.77
Negative Escrow Balance $ 1,964.06
Attomeys' Fees
Findings as to reasonable number of hours: 37.9
Findings as to reasonable hourly rate: $ 286.86
Attorneys' fee total $ 10,872.10
Court costs, now taxed
Lien and Title Search $ 260.00
Photocopies ;$ 141.60
Filing Fee $ 934.73
Process Service Fees ;6 548.40
Postage S 5.05
Legal Research Fees 12.36
Recording Fees 9.00
TOTAL 1; 215,455.65
that shall bear interest at the rate of 4.75%, per year from the data of entry of this
Uniform Final Judgment of Foreclosure.
2. Plaintiff holds a lien for the total sum superior to all claims or estates of
defendant(s), on the following described real property in Monroe County Florida:
Unit 1, Star Fish Cay, a Condominium, according to the
Declaration of Condominium thereof, recorded in Official
Records Book 2232, Page 874, as Amended by Instrument
filed December 15, 2006, recorded in Official Records Book
2259, Page 514, all of the Public Records of Monroe Cointy,
Florida, together with an undivided share in the common
elements appurtenant thereto, and subject to the covenants,
conditions, restrictions and other provisions of the
Declaration of Condominium and all amendments thereto.
Unit 1 further described by metes and bounds as follows: A
portion of Lot 60, Summeriand Yacht Harbor Subdivision,
Doc# 2058625
Sk# 2776 pg# 409
2
638
Doc# 2058625
Bk# 2776 IPg# 410
CASE:NO.14-CA-000069-K
according to the Plat thereof as recorded in Plat Bcok 2,
Page 142, of the Public Records of Monroe County, Florida,
being more particularly described by metes and boun-s as
follows: Commence at the Southeast comer of the said Lot
60 and bear North a distance of 104.48 feet to a point;
thence bear West a distance of 94.43 feet to a point; ft3nce
bear N 03' 55' 52" E for a distance of 11.95 feet to the Point
of Beginning of the herein described Unit 1; thence continue
N 030 56' 22" E for a distance of 40.00 feet to a point; thence
bear N 86' 03' 38" W a distance of 26.67 feet to a point;
thence bear S 03" 56' 22"W for a distance of 40.00 feet to a
point; thence bear S 86' 03' 38" E for a distance of 26.67
feet back to the Point of Beginning.
commonly known as 98 John Street, Unit 1, Summerland Key, Florida 33042 (the
Property").
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 Uifs court shall sell
the Property at public sale as set forth below to the highest bidder for cash, except as
prescribed in paragraph 4, in accordance with section 45.031, Florida Statutes, using
the following method:
Sales Information Date Clerk Inserts Time Location
Cleric of Court
Monroe County UnC Q�D,cqo 14 600 Whitehead Street
Key West, FL 33040
4. Plaintiff shall advance all subsequent costs of this act on and shall be
reimbursed for them by the cleric if plaintiff is not the purchaser of the property for sale,
provided, however, that the purchaser of the property for sale shall bs responsible for
the documentary stamps payable on the certificate of title. If Plaintiff is the purchaser,
the clerk shall credit plaintiffs 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.
5. On filing the certificate of title the cleric shall distribute ths., proceeds of the
sale, so far as they are sufficient, by paying: first, all of Plaintiff, costs; second,
documentary stamps affixed to the certificate; third, plaintiff's attomeys' fees; fourth, the
total sum due to Plaintiff, less the items paid, plus interest at the rate prescribed in
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. On filing the certificate of sale, defendant(s) and all :arsons claiming
under or against defendant(s) since the filing of the notice of lis pendens shall be
3
639
Doc# 2058625
Bk# 2776 IPg# 411 CASE NO.:14-CA-000068-K
foreclosed of all estate or claim in the property, except as to clairis 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 -.,ossession of the
property.
7. Jurisdiction of this action is retained to enter further orders that are proper
including, without limitation, a deficiency judgment.
B. Additions, Modifications or Changes to Standard Form
a. No further order of Court is required to issue certificate of title in the
event an assignment of bid is filed.
b. Jurisdiction of this action is retained in the even. a supplemental
complaint is needed in order to add an inadvertently emitted defendant
in these foreclosure proceedings.
c. The Court finds that pursuant to the Florida Statute § 718.116(b)(1), if
First State Bank of the Florida Keys or its successor or assignee
acquires title to the Property by foreclosure, their liability for
assessments that became due before acquisition of title is limited to
the lesser of: (a) assessments which came due curing the twelve
months prior to such acquisition; or (b) 1% of the original mortgage
debt.
If this property is sold at public auction, there may be additional money from the
sale after payment of persons who are entitled to be paid from the sale proceeds
pursuant to this Final Judgment.
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 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 C,R 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, MONROE
COUNTY, FLORIDA 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,
4
640
Doca 2058625
Bkn 2776 IPgp 412
CASE NO.:14-CA-000069-K
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 WHITEHEAD STREET, KEY WEST, FLORIDA 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 1'OU CHOOSE TO
CONTACT LEGAL SERVICES OF THE FLORIDA KEYS, 600 WHITEHEAD STREET,
KEY WEST, FLORIDA 33040, (305) 292-3566, FOR ASSISTANCE, YOU SHOULD
DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE.
DONE AND ORDERED at Key West, Monroe County, Florida on this
day of 1 2014.
David J. Audlirn, Jr.
THE HONORABLE DAVID AUDLIN, JR.
CIRCUIT COURT JUDGE
Copies furnished to:
Gary M. Freedman
Tabas, Freedman& Soloff, P.A.
One Flagler Building
14 N.E. 1st Avenue, Penthouse
Miami, Florida 33132
Peter H.Morris
Monroe County Attorney's Office
1111 12th Street, Suite 408
Key West, Florida 33040
Justin R.Infurna
The Infuma Law Firm, P.A.
69 East Pine Street
Orlando, Florida 32801
Tamekia Wright
Nicola Burgess
98 John Street, Unit 1
Summerland Key, Florida 33042
Jeff Schaumleffel
10120 Bluff Court
Orlando, Florida 32821
Starfish Cay Condominium Association,Inc. c/o Patience Accounting
24986 Overseas Highway
Summerland Key. Florida 33042
5
OFFIC AL RECORDS
641
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
MARGARET J. DANIEL in the amount of$45,000.00 on FEBRUARY 15, 2007, recorded on FEBRUARY 22, 2007, as
Document #1628836, Book 2274, Page 967 of the public records of Monroe County, Florida, secured by the
property located at 98 JOHN STREET, SUMMERLAND KEY, FLORIDA, 33042; and
WHEREAS, the First Mortgagee (First State Bank of the Florida Keys, a Florida Corporation), filed a
foreclosure action, as well as Notice of Lis Pendens on January 28, 2014,which was recorded on February 4, 2014,
as Document#1967504, Book 2669, Page 1933; and
WHEREAS, a Final Judgement of Foreclosure was Ordered on May 6, 2014, Document #1980901, Book
2684, Page 874, sale by auction was set for December 29, 2015, and the property was sold to the highest bidder
on December 29, 2015, and recorded on December 30, 2015 as Document# 2058625, Book 2776, Page 402; 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, KEYS ISLAND PROPERTIES, LLC took title to the property on JANUARY 20, 2016, which was
recorded on January 25, 2016 as Document#2061272, Book 2779, Page 531; 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 98 John Street, Summerland Key, 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 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
U U
Christina Cory,Assistant C unty Attorney
642
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 FEBR UARY I5,2007 by MARGARET J.DANIEL, to Monroe County, Florida and recorded on
FEBR UARY 22,2007, in Official Records Book 2274,Page 967, as Document#1628836 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:
LOT 60 SUMMERLAND YACHT HARBOR SUBDIVISION FIKIA GOV LOT 9 SECTION 26
TWN 66S, RNG 28 EAST UNIT#1
Which has the address of: 98 JOHN STREET,SUMMERLAND 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
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:
Monroe County Attorney's Office Printed Name
Approved as to form and legal sufficiency
Commission No:
Christina Cory,Assistant Count Attorney
Commission Expires:
643