Item C11 C11
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: C 11
2023-2333
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 Tricia A. Milliken, 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 Tricia A. Milliken, to write-off a SHIP Second Mortgage in the amount of
$45,000.00 due to foreclosure. The SHIP Mortgage was unable to be satisfied as the proceeds from the
sale were insufficient to allow for a recovery.
PREVIOUS RELEVANT BOCC ACTION:
N/A
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
MILLIIN CPRT OF SALE.pdf
MILLII N NOTICE OF LIS PPN PN .pdf
MILLIIN CPRT OF TITLP.pdf
MILLII N SHIP RECD MORTG.pdf
MILLII N FINAL JUDG OF FORECLOSURE.pdf
MILLII N_T_FO CLOSURP_RESOLUTION_FINAL.pdf
708
MILLII N_T CIA_ L,EASE_CIF°_1V ORT GAGE-F°INAL.pdf
FINANCIAL IMPACT:
N/A
709
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
CIVIL DIVISION
Doca 1954462 10/18/2013 2:27PN
FLAGSTARBANK, F.S.B. Filed & Recorded in Official Records -of
MONROE COUNTY AMY HEAVILIN
Plaintiff,
Case No.: 44-2013-CA-000120-K
V. Division:
TRICIA A. MILLIKEN; UNKNOWN SPOUSE OF
TRICIA A. MILLIKEN; COUNTY OF MONROE, 3 -n
FLORIDA; TORTUGA WEST HOMEOWNERS z o ran
ASSOCIATION, INC.; UNKNOWN TENANT#1; r
UNKNOWN TENANT#2; ALL OTHER UNKNOWN - i
PARTIES CLAIMING INTERESTS BY, THROUGH, z
UNDER, AND AGAINST A NAMED DEFENDANT(S)
r
WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, ncp
WHETHER SAME UNKNOWN PARTIES MAY
CLAIM AN INTEREST AS SPOUSES, HEIRS,
DEVISEES, GRANTEES, OR OTHER CLAIMANTS,
Doep 1954462
Bko 2654 Pg# 2246
Defendants,
CERTIFICATE OF SALE
The undersigned clerk of the court certifies that notice of public sale of the property described in
the final judgment was published in 1(INWe,* a daily newspaper circulated in Monroe
County, Florida, in the manner shown by the proof of publication attached and on 10/17/2013,
the property was offered for public sale to the highest bidder for cash. The highest and best bid
received for the property in the amount of$ JCL U) was submitted by
%1`�.(Y1DA NC6iDn� to whom the property was sold. The proceeds of the sale are
)�,��--gqage.�A�oc.�a.k;�n
retamed'for dlstrlbutlon in accordance with the order or the final judgment or law.
WITNESS my hand and the seal of the court on Vl#'�hP.�1 �� , 2013.
'AMY HEAVILIN, Clerk
CLERK OF THE COURT
Page 1 of 7
710
COUIV?y Doc# 1954462
. vM•• •• � Blot 2654 Pgtt 2247
By:
Deputy Clerk * mom',
3524-40891
C1p��t.
Page 2 of 7
711
^�� STATE OF FLORIDA
*MONO COUNTY OF MONROE
Cooke Communications,LLC
Florida Keys
Before the undersigned authority personally appeared Tommy Todd, who on
Key Westt F1 33041
PO Box 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
lecials _kevsnews.com d,(cA 1 Vv
-> v
INTERNET PUBLISHING (� � I.- u (� )�/
w
keywest.com \/� ' I J 1 3 ✓ �� — � � Z _ ' / \ � r=
keysnews.com _ � Q
floridakeys.com =`�
key-west.com was published in said newspaper in the issue(s) of
Web Design Services n � I l I _ � 7-0
CAA
IL V ' � �7
ZZ. r7
NEWSPAPERS _ = C
The Citizen
Southernmost Flyer Afflant further says that the Key West Citizen is a newspaper%blip d in
Solares Hill Key West, in said Monroe County, Florida and that the said newspaper has
Florida Keys Free Press heretofore been continuously published in said Monroe County, Florida every
MARKETING SERVICES day, and has been entered as second-class mail matter at the post office in Key
Commercial Printing
Direct Mail West, in said Monroe County, Florida, for a period of 1 year next preceding
the first publication of the attached copy of advertisement- and affiant further
FLORIDA KEYS OFFICES
Printing/Main Facility says that he has neither paid nor promise&aryy per, , f rm or co ration any
3420 Northside Drive discount, rebate, commission or re.frind for .the p ose of sec ing this
Key West, FL f
33040-1800 advertisement for publication in t said newspaper.
Tel 305-292-7777
Fax 305-294-0768
citizenla,kevwest.com
Internet Division Docu 1954462 e of Affiant
Tel 305-292-1880 BkN 2654 PgN 2248
Fax 305-294-1699
sales@keywest.com Sworn and subscribed betore me this day of C-U E,/1../ , 2013
Upper Keys Office
91731 Overseas Hwy
Tavernier,FL 33070 `IRy DAWN KAWZINSKY
Tel 305-853-7277 Notary Public:
Fax 305-853-0556 <O NOTARY PUBLIC
freepress@floridakeys.com Z ESTATE OF FLORIDA
1 ?Comm#EE157233
NCE 19�e Expires 1/4/2016
Dawn Kawzinsky
Expires: 1/4/16 Notary Seal
Personally Known x Produced Identification
Type of Identification Produced
712
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Electronically Filed 10/15/2013 06:29:01 PM ET
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY,FLORIDA
CIVIL DIVISION
FLAGSTAR BANK,FSB
Plaintiff,
Case No.: 44-2013-CA-000120-K
V. Division:
TRICIA A.MILLIKEN,ET AL., Doca 1954462
Defendants, Bkp 2654 Pgp 2250
ASSIGNMENT OF BID
Plaintiff,FLAGSTAR BANK,FSB,if being the successful bidder at the foreclosure sale,hereby
assigns said bid to FEDERAL NATIONAL MORTGAGE ASSOCIATION,Drawer 1099A,3900
Wisconsin Avenue NW,Washington,DC 20016,Without Recourse.
I HEREBY CERTIFY that a copy of the foregoing has been furnished by the U.S.mail or
electronic mail to all parties listed below on this day ofrl 'l ,2013.
ELIZABETH R.WELLBoR1v,P.A.
350 Jim Moran Blvd. Suite 100
Deerfield B F. da 33442
4Tel: 94) -35 5Fax 4 .
By:
Jos abet, sq "e
F . ar No.: 85356
rimary Email:JSabei@,ErwLaw.com
Secondary Email: docservice@erwlaw.com
TRICIA A.MILLIKEN
6900 MALONEY AVENUE,UNIT 9
KEY WEST,FL 33040
CHRISTINE LIMBERT-BARROWS,ESQ.
MONROE COUNTY ATTORNEY'S OFFICE
EMAIL:Limbert-Christinena monroeconEV-fl.gov
ASSISTANTATTORNEYFOR COUNTY OF MONROE,FLORIDA
PATRICK M.FLANIGAN,ESQ.
BARTON SMITH,P.L.
EMAIL:patrick0lbartonsmithpl.com
ATTORNEYS FOR TORTUGA WEST HOMEOWNERSASSOCIATION, lVC.
MONROE COUNTY
OFFICIAL RECORDS
714
Doctt 1918953 02/05/2013 1:56PM
Filed & Recorded in Official Records of
MONROE COUNTY AMY HEAVILIN
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY,FLORIDA
CIVIL DIVISION
FLAGSTAR BANK,F.S.B.
Plaintiff, { �
Case No.: �
V. Division: -
DAVO J.AUDUN,JR.
TRICIA A.MILLIKEN;UNKNOWN SPOUSE OF
TRICIA A.MILLIKEN;COUNTY OF MONROE,
FLORIDA;TORTUGA WEST HOMEOWNERS .r
ASSOCIATION,INC.;UNKNOWN TENANT#l;
UNKNOWN TENANT#2;ALL OTHER UNKNOWN
PARTIES CLAIMING INTERESTS BY,THROUGH,
4�
UNDER,AND AGAINST A NAMED
DEFENDANT(S)WHO ARE NOT KNOWN TO BE
DEAD OR ALIVE,WHETHER SAME UNKNOWN G1 n
PARTIES MAY CLAIM AN INTEREST AS Win, t O
SPOUSES,HEIRS,DEVISEES,GRANTEES,OR ,� O
OTHER CLAIMANTS,
v
Defendants,
Doctt 1918953
NOTICE OF LIS PENDENS Bktt 2611 Pgo 2009
To the above-named Defendant(s)and all others whom it may concern:
YOU ARE HEREBY NOTIFIED of the institution of this action by the above named Plaintiff against you seeking
to foreclose a mortgage recorded in Official Records Book 2450,Page 500,on the following property in MONROE
COUNTY,Florida:
A PARCEL OF LAND ON STOCK ISLAND AND KNOWN AS PART OF LOT 29,BLOCK 46,OF
"GEORGE MCDONALD'S PLAT OF STOCK ISLAND" ACCORDING TO THE PLAT THEREOF,AS
RECORDED IN PLAT BOOK 1,AT PAGE 55,OF THE PUBLIC RECORDS OF MONROE COUNTY,
FLORIDA,SAID PARCEL BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS: COMMENCE AT THE INTERSECTION OF THE N'LY RIGHT OF WAY LINE OF
PENINSULAR AVENUE WITH THE WILY RIGHT OF WAY LINE OF MALONEY AVENUE AND RUN
THENCE WEST ALONG THE N'LY RIGHT OF WAY LINE OF THE SAID PENINSULAR AVENUE
AND RUN THENCE WEST ALONG THE N'LY RIGHT OF WAY LINE OF THE SAID PENINSULAR
AVENUE FOR A DISTANCE ON 175.00 FEET,THENCE BEAR NORTH AND AT RIGHT ANGLES FOR
A DISTANCE OF 125.00 FEET;THENCE BEAR N 850 29' 54"W FOR A DISTANCE OF 68.80 FEET TO
THE SW'LY CORNER OF AN OVERHANG ON AN EXISTING TWO STORY FRAME STRUCTURE
KNOWN AS UNIT 10,TORTUGA WEST,A HOMEOWNERS'ASSOCIATION; THENCE N 000 01' 07" E
AND ALONG THE WILY FACE OF SAID OVERHANG FOR A DISTANCE OF 13.92 FEET TO THE
NW'LY CORNER OF SAID OVERHANG;THENCE S 891 58' 53"E AND ALONG THE CENTERLINE
OF A PARTY WALL,AND WILY EXTENSION THEREOF,FOR A DISTANCE OF 8.20 FEET TO THE
WILY FACE OF AN EXISTING TWO STORY FRAME STRUCTURE,KNOW AS UNIT 9,TORTUGA
WEST,A HOMEOWNER'S ASSICIATION,SAID POINT ALSO BEING THE POINT OF BEGINNING;
THENCE CONTINUE S 890 58' 53" E AND ALONG THE CENTERLINE OF SAID PARTY WALL,AND
EXTENSION THEREOF,FOR A DISTANCE OF 47.00 FEET TO THE SE'LY CORNER OF SAID
Elizabeth R.Wellborn,P.A.
350 Jim Moran Blvd. Suite 100,Deerfield Beach,Florida 33442(954)354-3544
715
STRUCTURE,KNOWN AS UNIT 9;THENCE S 00101'07" W AND ALONG THE W'LY FACE OF AN
EXISTING STAIRWAY FOR A DISTANCE OF 4.00 FEET;THENCE S 891 58' S3" E AND ALONG THE
S'LY FACE OF SAID STAIRWAY FOR A DISTANCE OF 9.00 FEET; THENCE N 000 01' 07" E AND
ALONG THE E'LY FACE OF SAID STAIRWAY FOR A DISTANCE OF 4.00 FEET; THENCE N 890 58'
53"W AND ALONG THE N'LY FACE OF SAID STAIRWAY FOR A DISTANCE OF 5.00 FEET;
THENCE N 000 01' 07" E AND ALONG THE E'LY FACE OF SAID STAIRWAY FOR A DISTANCE OF
9.22 FEET;THENCE N 891 58' S3" W AND ALONG THE N'LY FACE OF SAID STAIRWAY FOR A
DISTANCE OF 2.80 FEET TO THE E'LY FACE OF AN OVERHANG ON SAID STRUCTURE,KNOWN
AS UNIT 9;THENCE N 000 01' 07" E AND ALONG THE E'LY FACE OF SAID OVERHANG FOR A
DISTANCE OF 4.70 FEET TO THE NE'LY CORNER OF SAID OVERHANG; THENCE N 890 8' 53"W
AND ALONG THE N'LY FACE OF SAID OVERHANG AND STRUCTURE FOR A DISTANCE OF 48.20
FEET;THENCE S 00101'07"W AND ALONG THE W'LY FACE OF SAID STRUCTURE FOR A
DISTANCE OF 13.92 FEET BACK TO THE POINT OF BEGINNING.SAID PARCEL OF LAND IS ALSO
REFFERED TO AS: PARCEL#9 OF TORTUGA WEST,ACCORDING TO THE DECLARATION OF
PROTECTIVE COVENANTS,RESTRICTIONS AND EASEMENTS OF TORTUGA WEST,AS
RECORDED IN OFFICIAL RECORDS BOOK 2217,AT PAGE 1026,OF THE PUBLIC RECORDS OF
MONROE COUNTY,FLORIDA,TOGETHER WITH AN ASSIGNMENT OF EXCLUSIVE USE OF THE
FOLLOWING LIMITED COMMON PROPERTIES: PARKING SPACE NO.LCE-9.
el-
Dated: v ,2013.
ELIZABETH R.WELLBORN,P.A.
ATTORNEY FOR PLAINTIFF
350 Jim Moran Blvd. Suite 100
Deerfield Beach,Florida 33442
Doe" 1918953 Tel:(954)354-3544
Bk" 2611 Pg" 2010 Fax: (954)354-3545
By:
Brian treicher,Esqu re
Florida Bar Number 92561
Primary Email:bstreicher@erwlaw.com
Secondary Email:Erwparalegal.flagstar@erwlaw.com
3524-40891
MONROE COUNTY
OFFICIAL RECORDS
Elizabeth R.Wellborn,P.A.
350 Jim Moran Blvd. Suite 100,Deerfield Beach,Florida 33442(954)354-3544
716
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
CIVIL DIVISION
Doc# 1956070 10/31/2013 3:20PN
Filed & Recorded in Official Records of
FLAGSTAR BANK, F.S.B. MONROE COUNTY AMY NEAVILIN
Plaintiff,
10/31/2013 3:20PM Case No.: 44-2013-CA-000120-K
V. DEED DOC STAMP CL: Krys $0 Division:
Doc# 1956070
TRICIA A. MILLIKEN; UNKNOWN SPOUSE OF Bk# 2656 P9# 1989
TRICIA A. MILLIKEN; COUNTY OF MONROE,
FLORIDA; TORTUGA WEST HOMEOWNERS -n
ASSOCIATION, INC.; UNKNOWN TENANT#1; zt '-•' r—
UNKNOWN TENANT#2; ALL OTHER UNKNOWN
PARTIES CLAIMING INTERESTS BY, THROUGH, E, o
UNDER, AND AGAINST A NAMED DEFENDANT(S) ?`
WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, `—' _
WHETHER SAME UNKNOWN PARTIES MAY o
CLAIM AN INTEREST AS SPOUSES, HEIRS,
DEVISEES, GRANTEES, OR OTHER CLAIMANTS,
Defendants,
CERTIFICATE OF TITLE
The undersigned clerk of the court certifies that he or she executed and filed a certificate
of sale in this action on UVU Q#) �� , 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:
A PARCEL OF LAND ON STOCK ISLAND AND KNOWN AS PART OF LOT 29, BLOCK
46, OF "GEORGE MCDONALD'S PLAT OF STOCK ISLAND" ACCORDING TO THE
PLAT THEREOF,AS RECORDED IN PLAT BOOK 1,AT PAGE 55,OF THE PUBLIC
RECORDS OF MONROE COUNTY,FLORIDA, SAID PARCEL BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCE
AT THE INTERSECTION OF THE N'LY RIGHT OF WAY LINE OF PENINSULAR
AVENUE WITH THE W'LY RIGHT OF WAY LINE OF MALONEY AVENUE AND RUN
THENCE WEST ALONG THE N'LY RIGHT OF WAY LINE OF THE SAID
in—,()—o Page 3 of 7
717
PENINSULAR AVENUE AND RUN THENCE WEST ALONG THE N'LY RIGHT OF
WAY LINE OF THE SAID PENINSULAR AVENUE FOR A DISTANCE ON 175.00 FEET,
THENCE BEAR NORTH AND AT RIGHT ANGLES FOR A DISTANCE OF 125.00 FEET;
THENCE BEAR N 850 29' 54" W FOR A DISTANCE OF 68.80 FEET TO THE SW'LY
CORNER OF AN OVERHANG ON AN EXISTING TWO STORY FRAME STRUCTURE
KNOWN AS UNIT 10,TORTUGA WEST,A HOMEOWNERS' ASSOCIATION; THENCE
N 000 01' 07" E AND ALONG THE W'LY FACE OF SAID OVERHAND FOR A
DISTANCE OF 13.92 FEET TO THE NW'LY CORNER OF SAID OVERHANG; THENCE
S 890 58' 53" E AND ALONG THE CENTERLINE OF A PARTY WALL,AND W'LY
EXTENSION THEREOF,FOR A DISTANCE OF 8.20 FEET TO THE W'LY FACE OF AN
EXISTING TWO STORY FRAME STRUCTURE,KNOW AS UNIT 9,TORTUGA WEST,
A HOMEOWNER'S ASSICIATION, SAID POINT ALSO BEING THE POINT OF
BEGINNING; THENCE CONTINUE S 890 58' 53" E AND ALONG THE CENTERLINE
OF SAID PARTY WALL,AND EXTENSION THEREOF,FOR A DISTANCE OF 47.00
FEET TO THE SE'LY CORNER OF SAID STRUCTURE,KNOWN AS UNIT 9; THENCE
S 000 01' 07" WAND ALONG THE W'LY FACE OF AN EXISTING STAIRWAY FOR A
DISTANCE OF 4.00 FEET; THENCE S 890 58' 53" E AND ALONG THE S'LY FACE OF
SAID STAIRWAY FOR A DISTANCE OF 9.00 FEET; THENCE N 00°01' 07" E AND
ALONG THE E'LY FACE OF SAID STAIRWAY FOR A DISTANCE OF 4.00 FEET;
THENCE N 890 58' 53" W AND ALONG THE N'LY FACE OF SAID STAIRWAY FOR A
DISTANCE OF 5.00 FEET; THENCE N 000 01' 07" E AND ALONG THE E'LY FACE OF
SAID STAIRWAY FOR A DISTANCE OF 9.22 FEET; THENCE N 890 58' 53" W AND
ALONG THE N'LY FACE OF SAID STAIRWAY FOR A DISTANCE OF 2.80 FEET TO
THE E'LY FACE OF AN OVERHANG ON SAID STRUCTURE,KNOWN AS UNIT 9;
THENCE N 000 01' 07" E AND ALONG THE E'LY FACE OF SAID OVERHANG FOR A
DISTANCE OF 4.70 FEET TO THE NE'LY CORNER OF SAID OVERHANG; THENCE N
890 8' 53" W AND ALONG THE N'LY FACE OF SAID OVERHANG AND STRUCTURE
FOR A DISTANCE OF 48.20 FEET; THENCE S 000 01' 07" W AND ALONG THE W'LY
FACE OF SAID STRUCTURE FOR A DISTANCE OF 13.92 FEET BACK TO THE POINT
OF BEGINNING. SAID PARCEL OF LAND IS ALSO REFFERED TO AS: PARCEL #9 OF
TORTUGA WEST,ACCORDING TO THE DECLARATION OF PROTECTIVE
COVENANTS,RESTRICTIONS AND EASEMENTS OF TORTUGA WEST,AS
RECORDED IN OFFICIAL RECORDS BOOK 2217,AT PAGE 1026, OF THE PUBLIC
RECORDS OF MONROE COUNTY,FLORIDA,TOGETHER WITH AN ASSIGNMENT
OF EXCLNSIVE USE OF THE FOLLOWING LIMITED COMMON PROPERTIES:
PARKING SPACE NO. LCE-9. DocH 1956070
Bkp 2656 Pgq 1990
with the Street address of: 6900 Maloney Ave,Key West, FL 33040.
was sold to:
Page 4 of 7
718
i
EAR
t
WITNESS my hand and the seal of the court onU bf )t'P1 �A , 2013.
MY tm kviLjj4, Clerk
A Docq 1956070
CLERKAQFHE COURT Bk# 2656 Pg# 1991
B ad__. 9
�COUNT
Deputy Clerk
3524-40891 * : • :r
:QOt1Pf'1� �
Page 5 of 7
719
Electronically Filed 10/15/2013 06:29:01 PM ET
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY,FLORIDA
CIVIL DIVISION
FLAGSTAR BANK,FSB
Plaintiff,
Casc No.: 44-2013-CA-000120-K
V. Division:
Doc# 2956070
TRICIA A.MILLIKEN;ET AL., Bk# 2656 Pg" 1992
Defendants,
ASSIGNMENT OF BID
Plaintiff,FLAGSTAR BANK,FSB,if being the successful bidder at the foreclosure sale,hereby
assigns said bid to FEDERAL NATIONAL MORTGAGE ASSOCIATION,Drawer 1099A,3900
Wisconsin Avenue NW,Washington,DC 20016,Without Recourse.
I HEREBY CERTIFY that a copy of the foregoing has been furnished by the U.S.mail or
electronic mail to all parties listed below on this day ofr ,2013.
ELIZABETH R.WELLBORN,P.A.
350 Jim Moran Blvd. Suite 100
Deerfield Bea da 33442
Tel: (954 4-3
Fax: (9 4)3S S .
By:
Jos abet, sq i e
F . arNo.: 85356
rimary Email:JSabe _ErwLaw.com
Secondary Email: docservice@erwlaw.com
TRICIA A.MILLIKEN
6900 MALONEY AVENUE,UNIT 9
KEY WEST,FL 33040
CHRISTINE LIMBERT-BARROWS,ESQ.
MONROE COUNTY ATTORNEY'S OFFICE
EMAIL:Limbert-Christine(a)monroecoma-fl.gov
ASSISTANT ATTORNEYFOR COUNTY OF MONROE,FLORIDA
PATRICK M. FLANIGAN,ESQ.
BARTON SMITH,P.L.
EMAIL:patrick ,bartonsmithal.com
ATTORNEYS FOR TORTUGA WEST HOMEOWNERS ASSOCIA77OX, INC.
720
Doc# 1956070
Bk# 2656 Pg# 1993
CURRENT TENANT(S)
6900 MALONEY AVENUE,UNIT 9
KEY WEST,FL 33040
3524-40891
MONROE COUNTY
OFFICIAL RECORDS
721
DOC# 1775307 01/26/2010 3:36PM
Filed & Recorded in Official Records of
This instrument was prepared by: MONROE COUNTY DANNY L. KOLHAGE
The Monroe County SHIP Program 01/26/2010 3:36PM
clo the Monroe County Housing Authorily MORTGAGE DOC STAMP CL: RS $319.20
1400 Kennedy Drive
Key West, FL 33040
THIS MORTGAGE IS GIVEN TO MONROE COUNTY AND IS SUBJECT TO PAYMENT OF DOCUMENTARY STAMP
TAXATION PURSUANT TO FLORIDA STATUTE 420.513,BUT THEPROMISSORY NOTE IS GIVEN TO MONROE
COUNTY AND IS EXEMPT FROM TAXATION PURSUANT TO FLCRIDA STATUTES 199.183;
THEREFORE INTANGIBLE TAX IS NOT DUE.
THIS IS A BALLOON MORTGAGE WHERE THE PRINCIPAL BALANCE DUE
UPON MATURITY IS $91,152.00, TOGETHER WITH ACCRUED INTEREST, IF
ANY, AND ALL ADVANCEMENTS MADE BY THE MORTGAGE UNDER THE
TERMS OF THIS SECOND MORTGAGE.
SECOND MORTGAGE DocU 1775307
(Due on Sale, Refinancing or Rental) Bkp 2450 Pga 511
COUNTY OF MONROE
SHIP HOMEBUYER ASSISTANCE LOAN
CITY OF KEY WEST IMPACT FEE PROVISO FUNDING STRATEGY
Affordable Permit Property
This second mortgage is made this 22"d day of January, 2010, between the Mortgagor,
TRICIA A. MILLIKEN, a single woman, (herein the "Borrower,") and the Mortgagee, the
COUNTY OF MONROE, a political sub-division of the State of Florida, whose address is
1 100 Simonton Street, Key West, Florida 33040 (herein the "Lender.")
WHEREAS, the Borrower has applied to IBERIA BANK ("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 Partnership (SHIP) Program for a Homebuyer
Assistance Program Loan in the original principal amount of NINETY ONE THOUSAND,
ONE HUNDRED AND FIFTY TWO DOLLARS AND NO CENTS ($91,152.00), 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 their primary residence; and
WHEREAS, the Borrower is indebted to Lender in the principal sum of NINETY ONE
THOUSAND, ONE HUNDRED AND FIFTY TWO DOLLARS AND NO CENTS
($91,152.00), which indebtedness is evidenced by the Borrower's Promissory Note dated
JANUARY 22, 2010 and extensions and renewals thereof (herein "Note,") (attached as
Exhibit A) providing for payment of principal indebtedness if not sooner paid, due and
payable on JANUARY 22, 2040.
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:
Legal description:
BK 46 PT LOT 29 Geo McDonald's Plat of Stock Island PBI-55
(AKA UNIT 9 TORTUGA WE.S7)
Which has the address of: 6900 Maloney Avenue, Unit#9, Key West, Florida 33040
(herein the "Property Address:")
Page 1 722
00=U 1775307
Skp 2450 Pgtt 512
TOGETHER with all the improvements now or hereafter erected on the property, and all
easements, rights, appurtenances, and rents all of which shall be deemed to be and remain a
part of the property covered by this Mortgage; and all of the foregoing, together with said
property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to
as the "Property."
BORROWER COVENANTS, represents and warrants to the Lender and its successors and
assigns that Borrower is lawfully seized of the estate hereby conveyed and has the right to
mortgage, grant and convey the Property, and the Property is unencumbered, except for the
mortgage lien of the First Mortgage in favor of Participant, and for other encumbrances of
record. Borrower covenants, represents and warrants to the Lender and its successors and
assigns that Borrower will defend generally the title to the Property against all claims and
demands, subject to the mortgage lien of the First Mortgage and other encumbrances of
record.
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 attached as Exhibit A.
2. Prior MortL-ages 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
Page 2 723
Doca 1775307
Bktl 2450 PgN 513
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.
Any amounts disbursed by the Lender pursuant to this Paragraph 5, with interest thereon,
at the rate of twelve percent (12%) per annum, shall become additional indebtedness of
the Borrower secured by this Mortgage. Unless the Borrower and the Lender agree to
other terms of payment, such amounts shall be payable upon notice from the Lender to
the Borrower requesting payment thereof. Nothing contained in this Paragraph 5 shall
require the Lender to incur any expense or take any action hereunder.
6. Inspection. The Lender may make or cause to be made reasonable entries upon the
inspections of the Property, provided that the Lender shall give Borrower notice prior to
any such inspection specifying reasonable cause therefor to the Lender's interest in the
Property.
7. Condemnation. The proceeds of any award or claim for damages, direct or
consequential, in connection with any condemnation or other taking of the Property, or
part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be
paid to the Lender, subject to the terms of any mortgage, deed of trust or to the security
agreement with a lien that has priority over this Mortgage.
8. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time
for payment or modification of amortization of the sums secured by this Mortgage
granted by the Lender to any successor in interest of the Borrower shall not operate to
release, in any manner, the liability of the original Borrower and the Borrower's
successors in interest. The Lender shall not be required to commence proceedings against
such successor or refuse to extend time for payment or otherwise modify amortization of
the sums secured by this Mortgage by reason of any demand made by the original
Borrower and the Borrower's successors in interest. Any forbearance by the Lender in
exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall
not be a waiver of or preclude the exercise of any such right or remedy.
9. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The
covenants and agreements herein contained shall bind, and the rights hereunder shall
inure to, the respective successors and assigns for the Lender and the Borrower, subject to
the provisions of Paragraph 14 hereof. If more than one Borrower executes this
Mortgage, all covenants, representations, warranties and agreements of Borrower shall be
joint and several. Any Borrower who co-signs this Mortgage, but does not execute the
Note: (a) is co-signing this Mortgage only to mortgage, grant and convey that Borrower's
interest in the Property to the Lender under the terms of this Mortgage, (b) is not
personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any
other Borrower hereunder may agree to extend, modify, forbear, or make any other
accommodations with regard to the terms of this Mortgage or the Note without the
Borrower's consent and without releasing that Borrower or modifying this Mortgage as to
that Borrower's interest in the Property.
10. Notice. Except for any notice required under applicable law to be given in another
manner: (a) any notice 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.
l 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
Page 3 724
Doc# 1775307
Bk# 2450 Pg# 514
United States of America. In the event that any provision or clause of this Mortgage or
the Note conflicts with applicable law, such conflicts shall not affect other provisions of
this Mortgage or the Note which can be given effect without the conflicting provision,
and to this end the provisions of this Mortgage and the Note are declared to be severable.
As used herein, "costs," "expenses," and "attorneys' fees" include all sums to the extent
not prohibited by applicable law or limited herein.
12. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this
Mortgage at the time of execution or after recordation hereof.
13. Rehabilitation Loan 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, an
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 of the death of the last surviving homeowner, any income eligible heir
residing in the home may assume the SHIP Loan as long as they can obtain title to the
entire property within one (1) year of the death of the last surviving homeowner and the
first mortgagee consents to the assumption of their loan.
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 default 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 from the date the notice is mailed to Borrower, by which such breach
must be cured; and (4) that failure to cure such breach on or before the date specified in
the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by
judicial proceeding, and sale of the Property. The notice shall further inform Borrower of
the right to reinstate after acceleration and the right to assert in the foreclosure proceeding
the nonexistence of a default or any other defense 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
Page 4 725
Docn 1775307
Skq 2450 Pg# 515
the Lender all sums that would be then due under this Mortgage and the Note had no
acceleration occurred; (b) the Borrower cures all breaches of any other covenants or
agreements of the Borrower contained in this Mortgage; (c) the Borrower pays all
reasonable expenses incurred by the Lender in enforcing the covenants and agreements of
the Borrower contained in this Mortgage, and in enforcing the Lender's remedies as
provided in Paragraph 15 hereof, including, but not limited to, reasonable attorneys' fees
and court costs; and (d) the Borrower takes such action as the Lender may reasonably
require to assure that the lien of this Mortgage, the Lender's interest in the Property and
the Borrower's obligation to pay the sums secured by this Mortgage shall continue
unimpaired. Upon such payment and cure by the Borrower, this Mortgage and the
obligations secured hereby shall remain in full force and effect as if no acceleration had
occurred.
18. 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 Proeram 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; and (b) the Property will be
Homesteaded as the primary residence; and, (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; and, (d) at least one (1)
percent of the required down payment must be paid by the Borrower from his or her own
resources for Very Low Income applicants, two (2) percent for Low Income Applicants
and three (3) percent for Moderate Income applicants; and, (e) the property will be a
single family residence including condominiums and town-houses; and, (f) applicants
must derive at least 70% of their income from gainful employment in the City of Key
West; and, (g) applicants may not own a second home; and, (h) the dwelling unit
purchased must be financed with a federally insured financial institution. In the event
other financing methods are utilized and approved by the SHIP Administrator, the SHIP
mortgage must be a first mortgage.
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 thirty-three (33%) of the household income.
Page 5 726
DocU 2775307
Bka 2450 Pgla 526
IN WITNESS WHEREOF, the Borrower has executed this Mortgage.
NOTICE TO BORROWER
DO NOT SIGN THIS MORTGAGE IF IT CONTAINS BLANK SPACES.
ALL SPACES SHOULD BE COMPLETED BEFORE YOU SIGN.
THIS IS A BALLOON MORTGAGE WHERE THE PRINCIPAL BALANCE DUE
UPON MATURITY IS $91,152.00,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:
itness Signature Borr er Signature
Printed Name: ERICA N. GHES-STERLING Printed Name: J iuA-
Witnlvs Signature Borrower Signature
Printed Name. Jenny M. Sterling Printed Name:
STATE OF FLORIDA
COUNTY OF MONROE
The for going was acknowledged before me this 22"d day of January, 2010 by
K.MIII LL►n , who is personally known to me or
who has produced a valid driver license as identification and who did not take an oath.
qr�wa�yo
.1 ry 1NhY hA.STERLING
�iss,an,t DD 92088j
Not Signature
2T,20
SEALt«,.,,se•r
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
727
This instrument was prepared by: Exhibit A
Monroe County SKIP Program
c% the Monroe Housing Authority
1400 Kennedy Drive Doca 1775307
Key West, FL 33040 gka 2450 Pga 517
THIS PROMISSORY NOTE IS GIVEN TO MONROE COUNTY AND IS EXEMPT FROM TAXATION
PURSUANT TO FLORIDA STATUTE 199.183.
PROMISSORY NOTE
COUNTY OF MONROE
SHIP HOMEBUYER ASSISTANCE LOAN
CITY OF KEY WEST IMPACT FEE PROVISO FUNDING STRATEGY
Affordable Permit Property
Date: January 22, 2010 City: Key West State: Florida
Name: TRICIA A. MILLIKEN
Property Address: 6900 MALONEY AVENUE, 99, KEY WEST, FL 33040
1. BORROWER'S PROMISE TO PAY
I, TRICIA A. MILLIKEN, a single woman, promise to pay NINETY ONE THOUSAND,
ONE HUNDRED AND FIFTY TWO DOLLARS AND NO CENTS ($91,152.00) (this
amount will be called "principal") to the order of the COUNTY OF MONROE, a political
sub-division of the State of Florida, whose address is 1100 Simonton Street, Key West,
Florida 33040 (the "Lender,") or to any other holder of this Note. I understand that the
Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and
who is entitled to receive payments under this Note will be called the "Note Holder."
2. INTEREST
Interest on this Note shall be zero percent (0%) per annum; except that if I fail to pay this
Note as required, the interest rate shall be twelve percent (12%) per annum from the date
when payment of this Note is due until I pay it in full.
3. PAYMENTS
Principal payments shall be deferred for the term of the first mortgage loan or until
JANUARY 22, 2040. My total payment on the aforementioned date shall be NINETY ONE
THOUSAND, ONE HUNDRED AND FIFTY TWO DOLLARS AND NO CENTS
($91,152.00). In the event that I make payment in full on this loan at any time before it is
due, rent my home, refinance or satisfy the first mortgage loan, sell or transfer the property, I
agree to pay immediately the entire sum due under this Note plus fifty percent (50%) of the
appreciated value of the property unless the unit is regulated by a recorded affordable housing
restrictive covenant. The appreciated value is defined as the difference between the contract
sales price and the contract purchase price, less the value of the seller's real estate sales
commission and less the value of any lawfully permitted improvements unless the unit is
regulated by a recorded affordable housing restrictive covenant. I will make my payment at
Lender's address as stated in Section 1 above or at a different place if required by the Note
Holder.
4. BORROWER'S PAYMENT BEFORE THEY ARE DUE
I have the right to make payment in full on this Note at any time before it is due. Such
payment is known as a "full payment." No partial prepayments can be made at any time on
the principal of the loan. When I make full prepayment, I will tell the Note Holder in a letter
that I am doing so. Full payments to this Note are subject to the conditions as described in
Item 3 Payments, shared appreciation clause.
5. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Default
If I do not pay the full amount as required in Section 3 above, I will be in default. If I
am in default, the Note Holder may bring about any actions not prohibited by applicable
law and require me to pay Holder's cost and expenses as described in(B) below.
(B) Payment of Note Holder's Costs and Expenses
If the Note Holder takes such actions as described above, the Note Holder will have the
Page 1 728
right to be paid back for all of its cost and expenses, including but not limited to
reasonable attorney's fees.
6. THIS NOTE SECURED BY A MORTGAGE
In addition to the protections given to the Note Holder under this Note, a Second Mortgage,
dated JANUARY 22, 2010 protects the Note Holder from possible losses that might result if
I do not keep the promises that I make in this Note. That Second Mortgage describes how
and under what conditions I may be required to make immediate payment in full of all
amounts that I owe under this Note.
7. BORROWER'S WAIVER
I waive my rights to require the Note Holder to do certain things. Those things are: (A) to
demand payment of amount due (known as "presentment"); (B) to give notice that amounts
have not been paid (known as "notice of dishonor"); (C) to obtain an official certification of
nonpayment (known as a "protest.") Any co-signer, guarantor, surety or endorser who agrees
to keep the promises I have made in this Note by signing this Note or by executing a separate
agreement to make payments to the Note Holder if I fail to keep my promises under this Note
also waives these rights.
S. GIVING OF NOTICES
Any notice that must be given to me under this Note will be given by delivering it or by
mailing it by certified or registered mail, postage prepaid, addressed to me at the Property
address above. A notice will be mailed to the Note Holder at a different address if I am given
a notice of that different address.
9. RESPONSIBILITY OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each of us is fully and personally obligated to pay the
full amount owed and to keep all of the promises made in this Note. Any guarantor, surety or
endorser of this Note (as described in Section 7 above) is also obligated to do these things.
The Note Holder may enforce its rights under this Note against each of us individually or
against all of us together and may enforce its rights against any of us in any order. This
means that any one of us may be required to pay all of the amounts owed under this Note.
10. 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 payment and such payment of principal and
interest when combined with real estate taxes and property insurance shall not exceed thirty-
three percent(33%) of the household income.
DocU 1775307
Bk# 2450 P9N 518
NOTICE TO BORROWER
DO NOT SIGN THIS NOTE IF IT CONTAINS BLANK SPACES.
ALL SPACES SHOULD BE COMPLETED BEFORE YOU SIGN.
6 • /tD
ower Date
Borrower Date MONROE COUNTY
OFFICIAL RECORDS
(SIGN ORIGINAL ONLY)
THIS PROMISSORY NOTE IS GIVEN TO MONROE COUNTY AND IS EXEMPT FROM TAXATION
PURSUANT TO FLORIDA STATUTE 199.183.
Page 2 729
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
CIVIL DIVISION
FLAGSTAR BANK, FSB,
Case No.: 44-2013-CA-000120-K
Plaintiff, Division:
Docu 2951163 09/24/2013 10:424M
V. Filed & Recorded in Official Records of
MONROE COUNTY AMY NEAVILIN
TRICIA A. MILLIKEN; UNKNOWN SPOUSE OF TRICIA
A. MILLIKEN; COUNTY OF MONROE, FLORIDA; Doc# 1951163 390
TORTUGA WEST HOMEOWNERS ASSOCIATION, BkN
INC.; UNKNOWN TENANT #1; UNKNOWN TENANT
#2; ALL OTHER UNKNOWN PARTIES CLAIMING
INTERESTS BY, THROUGH, UNDER, AND AGAINST A `n
NAMED DEFENDANT(S) WHO ARE NOT KNOWN TO
'�
BE DEAD OR ALIVE, WHETHER SAME UNKNOWN - v
PARTIES MAY CLAIM AN INTEREST AS SPOUSES, ; Cn
HEIRS, DEVISEES, GRANTEES, OR OTHER
CLAIMANTS,
7t
Defendants. c
FORM 1.996(a). FINAL JUDGMENT OF FORECLOSURE
FINAL JUDGMENT
THIS ACTION was tried before the Court. On the evidence presented:
IT IS ADJUDGED THAT:
I. Plaintiff, FLAGSTAR BANK, FSB, whose address is 5151 Corporate Drive, Mail
Stop S-124-3, Troy, MI 48098, is due:
Principal: $190,531.59
Interest from 8/1/2012 to 5/31/2013: $8,720.74
Interest from 6/1/2013 date of this judgment: $2,985.84
Title search expenses: $200.00
Taxes $1,464.04
Insurance $1,968.00
Page 1 of 6
3524-40891 730
Attorney's fees
Finding as to reasonable number of hours:
Finding as to reasonable hourly rate:
Other* $0.00
(*The requested attorney's fee is a flat rate fee that the firm's client has
agreed to pay in this matter. Given the amount of the fee requested and
the labor expended, the Court finds that a lodestar analysis is not
necessary and that the flat fee is reasonable.)
Attorney's fees total $0.00
Court costs,now taxed $955.00
Other Bkqa265111Pgn 391
Service of process fees $210.00
Accumulated late charges $245.95
MIP/PMI Insurance $0.00
Property Inspections/Preservation Fee $225.00
Lien Search $45.00
Subtotal $207,551.16
LESS: Escrow Balance $0.00
LESS: Other $0.00
TOTAL S207.551.16
That shall bear interest at the rate of 4.75% a year.
2. Plaintiff holds a lien for the total sum superior to all claims or estates of
defendants(s), on the following described property in Monroe County:
A PARCEL OF LAND ON STOCK ISLAND AND KNOWN AS PART OF LOT 29,
BLOCK 46, OF "GEORGE MCDONALD'S PLAT OF STOCK ISLAND"
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, AT
PAGE 55, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, SAID
PARCEL BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE N'LY
RIGHT OF WAY LINE OF PENINSULAR AVENUE WITH THE W'LY RIGHT OF
WAY LINE OF MALONEY AVENUE AND RUN THENCE WEST ALONG THE
N'LY RIGHT OF WAY LINE OF THE SAID PENINSULAR AVENUE AND RUN
THENCE WEST ALONG THE N'LY RIGHT OF WAY LINE OF THE SAID
PENINSULAR AVENUE FOR A DISTANCE ON 175.00 FEET, THENCE BEAR
Page 2 of 6
3524-40891 731
NORTH AND AT RIGHT ANGLES FOR A DISTANCE OF 125.00 FEET; THENCE
BEAR N 850 29' 54" W FOR A DISTANCE OF 68.80 FEET TO THE SW'LY
CORNER OF AN OVERHANG ON AN EXISTING TWO STORY FRAME
STRUCTURE KNOWN AS UNIT 10, TORTUGA WEST, A HOMEOWNERS'
ASSOCIATION; THENCE N 00' 01' 07" E AND ALONG THE W'LY FACE OF
SAID OVERHANG FOR A DISTANCE OF 13.92 FEET TO THE NW'LY CORNER
OF SAID OVERHANG; THENCE S 891 58' 53" E AND ALONG THE
CENTERLINE OF A PARTY WALL, AND W'LY EXTENSION THEREOF, FOR A
DISTANCE OF 8.20 FEET TO THE W'LY FACE OF AN EXISTING TWO STORY
FRAME STRUCTURE, KNOW AS UNIT 9, TORTUGA WEST, A HOMEOWNER'S
ASSICIATION, SAID POINT ALSO BEING THE POINT OF BEGINNING;
THENCE CONTINUE S 890 58' 53" E AND ALONG THE CENTERLINE OF SAID
PARTY WALL, AND EXTENSION THEREOF, FOR A DISTANCE OF 47.00 FEET
TO THE SE'LY CORNER OF SAID STRUCTURE, KNOWN AS UNIT 9; THENCE
S 000 01' 07" W AND ALONG THE W'LY FACE OF AN EXISTING STAIRWAY
FOR A DISTANCE OF 4.00 FEET; THENCE S 890 58' 53" E AND ALONG THE xc
S'LY FACE OF SAID STAIRWAY FOR A DISTANCE OF 9.00 FEET; THENCE N "�
000 01' 07" E AND ALONG THE E'LY FACE OF SAID STAIRWAY FOR A oNi •
DISTANCE OF 4.00 FEET; THENCE N 890 58' 53" W AND ALONG THE N'LY
FACE OF SAID STAIRWAY FOR A DISTANCE OF 5.00 FEET; THENCE N 00101' rn
07" E AND ALONG THE E'LY FACE OF SAID STAIRWAY FOR A DISTANCE a
OF 9.22 FEET; THENCE N 890 58' 53" W AND ALONG THE N'LY FACE OF SAID
STAIRWAY FOR A DISTANCE OF 2.80 FEET TO THE E'LY FACE OF AN N
OVERHANG ON SAID STRUCTURE, KNOWN AS UNIT 9; THENCE N 000 01' 07"
E AND ALONG THE E'LY FACE OF SAID OVERHANG FOR A DISTANCE OF
4.70 FEET TO THE NE'LY CORNER OF SAID OVERHANG; THENCE N 890 8'
53" W AND ALONG THE N'LY FACE OF SAID OVERHANG AND STRUCTURE
FOR A DISTANCE OF 48.20 FEET; THENCE S 000 01' 07" W AND ALONG THE
W'LY FACE OF SAID STRUCTURE FOR A DISTANCE OF 13.92 FEET BACK TO
THE POINT OF BEGINNING. SAID PARCEL OF LAND IS ALSO REFFERED TO
AS: PARCEL #9 OF TORTUGA WEST, ACCORDING TO THE DECLARATION
OF PROTECTIVE COVENANTS, RESTRICTIONS AND EASEMENTS OF
TORTUGA WEST, AS RECORDED IN OFFICIAL RECORDS BOOK 2217, AT
PAGE 1026, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA,
TOGETHER WITH AN ASSIGNMENT OF EXCLUSIVE USE OF THE
FOLLOWING LIMITED COMMON PROPERTIES: PARKING SPACE NO. LCE-
9.
This property is located at the street address of. 6900 Maloney Avenue, Unit 9, Key West,
Florida 33040.
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
Page 3 of 6
3524-40891 732
public sale on ft�e5r , 2013 to the highest bidder for cash, except as prescribed
in paragraph 4, at the courthouse located at 530 Whitehead Street in Monroe County in Key West
Florida, in accordance with section 45.031 Florida Statutes, using the following method:
[X] At the FRONT DOOR of the Monroe County Courthouse, Lester Building, 530
Whitehead Street, Key West, Florida 33040 beginning at 11:00 am on the prescribed date.
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 the Plaintiffs bid with the total wo
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sum with interest and costs accruing subsequent to this judgment, or such part of it, as is necessary to ("o
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pay the bid in full.
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5. On filing the Certificate of Title the Clerk shall distribute the proceeds of the sale, so w
far as they are sufficient, by paying: first, all of the Plaintiffs 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 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 the filing of 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, except as the claims or rights under Chapter 718 or Chapter 720, Florida Statutes
if any. Upon 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.
Page 4 of 6
3524-40891 733
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
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YOURSELF. YOU ARE NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER N
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REPRESENTATION AND YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO ANYONE ~�
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ELSE IN ORDER FOR YOU TO CLAIM ANY MONEY TO WHICH YOU ARE ENTITLED. w
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PLEASE CHECK WITH THE CLERK OF THE COURT, 530 WHITEHEAD STREET, KEY
WEST, FL 33040 (305) 294-4641, WITHIN TEN (10) DAYS AFTER THE SALE TO SEE IF
THERE IS ADDITIONAL MONEY FROM THE FORECLOSURE SALE THAT THE
CLERK HAS IN THE REGISTRY OF THE COURT.
IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TO HELP YOU
CLAIM THE ADDITIONAL MONEY, YOU SHOULD READ VERY CAREFULLY ALL
PAPERS YOU ARE REQUIRED TO SIGN, ASK SOMEONE ELSE, PREFERABLY AN
ATTORNEY WHO IS NOT RELATED TO THE PERSON OFFERING TO HELP YOU TO
MAKE SURE THAT YOU UNDERSTAND WHAT YOU ARE SIGNING AND THAT YOU
ARE NOT TRANSFERRING YOUR PROPERTY OR THE EQUITY IN YOUR PROPERTY
WITHOUT THE PROPER INFORMATION. IF YOU CANNOT AFFORD TO PAY AN
ATTORNEY, YOU MAY CONTACT LEGAL SERVICES OF THE FLORIDA KEYS, 600
Page 5 of 6
3524-40891 734
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 Key West, Monroe County, Florida this day of
2013.
'rcuit Cou Judge
Copies furnished to:
BRIAN M. STREICHER, ESQ.
ELIZABETH R. WELLBORN, P.A. Doc# 1951163
350 JIM MORAN BLVD., SUITE 100 Bkp 2651 P94 395 DEERFIELD BEACH, FL 33442
EMAIL: BStreichergerwlaw.com
TRICIA A. MILLIKEN
6900 MALONEY AVENUE, UNIT 9
KEY WEST, FL 33040
CHRISTINE LIMBERT-BARROWS, ESQ.
MONROE COUNTY ATTORNEY'S OFFICE RO COUNTY
1111 12TH STREET, SUITE 408 OFFICIAL RECORDS
KEY WEST, FL 33040
EMAIL: Limbert-Christinegmonroecounty-fl.gov
ASSISTANT ATTORNEY FOR COUNTY OF MONROE, FLORIDA
PATRICK M. FLANIGAN, ESQ.
BARTON SMITH,P.L.
624 WHITEHEAD STREET
KEY WEST, FL 33040
EMAIL: patrick(a,bartonsmithpl.com
ATTORNEYS FOR TORTUGA WEST HOMEOWNERS ASSOCIATION, INC.
CURRENT TENANT(S)
6900 MALONEY AVENUE,UNIT 9
KEY WEST, FL 33040
Page 6 of 6
3524-40891 735
RESOLUTION NO. -2024
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA APPROVING THE WRITE-OFF
OF A$91,152.00 SHIP SECOND MORTGAGE
WHEREAS,the Monroe County SHIP Program executed a SHIP Second Mortgage between the County and
Tricia A. Milliken in the amount of$91,152.00 on JANUARY 22, 2010, recorded on JANUARY 26, 2010, as Document
#1775307, Book 2450, Page 511 of the public records of Monroe County, Florida, secured by the property located
at 6900 Maloney Avenue, Unit#9, Key West, Florida, 33040; and
WHEREAS, the First Mortgagee (Flagstar Bank F.S.B.), filed a foreclosure action, as well as Notice of Lis
Pendens on January 30, 2013, Document#1918953, Book 2611, Page 2009; and
WHEREAS, a Final Judgment of Foreclosure was Ordered on September 12, 2013, Document #1951163,
Book 2651, Page 390,sale by auction was set and the property was sold to the highest bidder on October 17,2013,
Document#1954462, Book 2654, Page 2246; 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, Federal National Mortgage Association took title to the property on October 29, 2013,
Document#1956070, Book 2656, Page 1989; and
NOW THEREFORE, 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$91,152.00 formerly secured
by the property located at 6900 Maloney Avenue, Unit#9, Key West, Florida, 33040.
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
Christina Cory,Assistant County Attorney
736
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 JANUARY 22, 2010 by TRICIA A. MILLIKEN, to Monroe County, Florida and recorded on
JANUARY 26,2010, in Official Records Book 2450,Page 511, as Document#]775307 in the office of the Clerk of
the Circuit Court of Monroe County, State of Florida, securing certain Note in the principal sung of NINETY-ONE
THOUSAND ONE HUNDRED AND FIFTY-TWO DOLLARS AND NO CENTS(S91,152.00), upon the property
situate in said State and County described as follow, to-wit:
BK 46 PT LOT 29 GEO MCDONALD'S PLAT OF STOCK ISLAND PB1-55 (A/K/A UNIT 9 TORTUGA WEST)
Which has the address of: 6900 MALONEY AVENUE, UNIT#9,KEY WEST, FLORIDA 33040
(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:
I'l k/
Christina Cory,Assistant Count Attorney
Commission Expires:
737