Item C12 C12
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 12
2023-2334
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 Brandi B. Morin, 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 Brandi B. Morin, 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:
MORIN CERTIF°ICATE OF SALE.pdf
MORIN LIS PEN PN .pdf
MORIN CERTIF°ICATE OF TITLP.pdf
MORIN RECD SHIP MORTGAGP.pdf
MORIN F°INAL JUDGMENT OF FORECLOSURE.pdf
MO N_B NDI_ LEA P_C7F°_MORTGAGP_F°INAL.pdf
738
MO N_ NDI_F O CLOS T _RESO UTION_F°INAL.pdf
FINANCIAL IMPACT:
N/A
739
00c" 1887900 06/19/2012 8:38AM
Filed & Recorded in Official Records of
MONROE COUNTY DANNY L. KOLHAGE
IN THE CIRCUIT COURT OF THE
SIXTEENTH JUDICAL CIRCUIT IN AND
FOR MONROE COUNTY, FLORIDA
Doc" 1887900
Bk" 2575 P9" 1824
CASE NO: 44-2011-CA-975-K
FIRST STATE BANK OF THE FLORIDA KEYS
Plaintiff
VS.
BRANDI B. MORIN et.al
Defendant =r
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 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 June 14, 2012 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 June 18, 2012
DANNY L. KOLHAGE
Cle of the Co rt
By.
- L , -
GbLAW
Bid: $100.00
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10
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fir. c
44 Cot % \\\\
lot it
740
Doc# 1887900
Bk# 2575 Pg# 1825
UNIT 4, 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 4 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 N 85° 41' 00" W
FOR A DISTANCE OF 240.46 FEET TO A POINT; THENCE
BEAR N 040 28' 42" E FOR A DISTANCE OF 25.33 FEET TO
A POINT; THENCE BEAR S 86° 04' 08" E FOR A DISTANCE
OF 23.65 FEET TO THE POINT OF BEGINNING OF THE I
HEREIN DESCRIBED UNIT 4; THENCE CONTINUE S 86° 04'
08" E FOR A DISTANCE OF 40.00 FEET TO A POINT;
THENCE BEAR N 03° 55' 52" E FOR A DISTANCE OF 26.67
FEET TO A POINT; THENCE BEAR N 86° 04' 08" W FOR A
DISTANCE OF 40.00 FEET TO A POINT; THENCE BEAR S !
030 55' 52" W FOR A DISTANCE OF 26.67 FEET BACK TO i
THE POINT OF BEGINNING
i
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i!
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741
Doca 1887900
BkN 2575 P90 1826
,,,WEST
STATE OF FLORIDA 1 ^
h-ft..,ANN G,,,,a..,,w,...,..R COUNTY OF MONROE �1
Cooke Communications,LLC
Florida Keys
Before the undersigned authority personally appeared Randy G. Erickson,
PO Box 1800 who on oath says that he is Vice-President of Operatiops of the Uy W,�st
Key West FI 33041
Office....305-292-7777 Citizen, a daily newspaper published in Key West, in Monroe City, ;
Extension........x219 Florida; that the attached copy of advertisement, being s-',0 a node it ate
Fax.......305-295-8025 matter of
Iona ls(aakeysnews.COm — ;;
(V)0 rzi ti __ __ 7
INTERNET PUBLISHING -�
keywest.com L+ (� (� �� Ca r,
keysnews.com
floridakeys.com
key-west.com
Web Design Services was published in said newspaper in the issue(s) of
NEWSPAPERS UN e Z U Z
The Citizen
Southernmost Flyer
Solares Hill Affiant further says that the Key West Citizen is a newspaper published in
Big Pine Free Press y n saidMonroe County,
Marathon Free Press Key West, in M C Florida and that the said newspaper has
Islamorada Free Press heretofore been continuously published in said Monroe County, Florida every
Key Largo Free Press day, and has been entered as second-class mail matter at the post office in Key
MARKETING SERVICES West, in said Monroe County, Florida, for a period of 1 year next preceding
Commercial Printing Citizen Locals Card the first publication of the attached copy of advertisement; and affiant further
Direct Mail says that he has neither paid nor promised any person, firm or corporation any
FLORIDA KEYS OFFICES discount, rebate, commission or refund for the purpose of securing this
Printing!Main Facility advertisement for publication in the said newspaper.
3420 Northside Drive
Key West,FL
33040-1800
Tel 305-292-7777 A�d
Fax 305-294-0768
citizen(a)keywest.com Signature of Affiant
Internet Division
33040-3328
Tel 305-292-1880 Sworn and subscribed before me this day of �VN , 2012
Fax 305-294-1699
sales@keywest.com
Upper Keys Office Notary Public:
91731 Overseas Hwy 1/VCr'1S1V1_9_
DAWN KAWZINSKY
Tavernier, FL 33070 NOTARY PUBLIC
Tel 305-853-7277STATE OF FLORIDA
Fax 305-853-0556Comm#EE 157233
lreepress@floridakeys.com - Expires 114I2016
Expires: 1/4/16 Notary Seal
Personally Known x Produced Identification
Type of Identification Produced
742
IN THE CIRCUIT COURT OF THE BEAR N 06-04-08"W FOR A
SIXTEENTH JUDICIAL CIRCUIT DISTANCE OF 40.00 FEET TO A
IN AND FOR MONROE COUNTY POINT;THENCE BEAR S
NOTICE OF FORECLOSURE 03055'52"W FOR A DISTANCE
SALE BY CLERIC OF THE OF 26.67 FEET BACK TO THE
CIRCUIT COURT POINT OF BEGINNING
Notice is hereby given that the Pursuant to FINAL JUDGMENT
undersigned,DANNY L. OF FORECLOSURE entered in a
KOLHAGE,Clerk of the:Circuit case pending in said Court, the
Court of Monroe County,Florida, Style of which is:
will,on the`.Otd,day.of June,
2012,at 11::00 o'clock a.m.,at FIRST STATE BANK
SW Whitehe6d Street,Monroe Plaintiff
County,in the City of Key Weet, vs.
Florida,offer for sale and sell at
public outcry to the highest and BRAND[B.MORIN,et.al
best bidder for CASH the following Defendant
described property situated in
Monroe County,Florida,to wit: And the Docket Number of which
is Number 44-2011-CA-975-K
UNIT 4,STARFISH CAY,A
CONDOMINIUM,ACCORDING WITNESS my hand and the
TOTHE DECLARATION OF Official Seal of Said Court, this
CONDOMINIUMTHEREOF, 18th day of May,2012.
FACORDtb IN OFFICIAL
P19CORDS BOOK 223Z PAGE Danny L.Kolhage
$74,AS AMENDED BY Clerk of the Circuit Court
INSTRUMENT FILED Monroe County,Florida
DECEMBER 15,2006, By:Shonta McLeod
RECORDED IN OFFICIAL Deputy Clerk
RECORDS BOOK 2258,PAGE
514,ALL OF THE PUBLIC Florida Statute 45.031: Any
RECORDS OF MONROE person claiming an interest in the
COUNTY,FLORIDA,TOGETHER surplus from the sale, if any,other
WITH AN UNDIVIDED SHARE IN than the property owner as of the
THE COMMON ELEMENTS date of the Lis Pendens must file a
APPURTENANT THERETO,AND claim within 60 days after the sale.
SUBJECT TO THE COVENANTS,
CONDITIONS,RESTRICTIONS June 2 6 9,2012
AND OTHER PROVISIONS OF
THE DECLARATION'OF
CONDOMINIUM AND ALL
AMENDMENTS THERETO. .
UNIT4 FURTHER
DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:A
PORTION OF LOT 60,
SUMIIIERLAND YACHT'
HARBOR SUBDIVISION,ACCORDING TO THE PLAT
1tEOF AS RECORDED IN Bk 25'I5 ?5B 182
PLAT BOOK 2,PAGE 142 OF
THE PUBLIC RECORDS OF
MONROE COUNTY,FLORIDA,
BEING MORE PARTICULARLY
DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
COMMENCE ATTHE
SOUTHEAST CORNER OFTHE
SAID LOT 60 AND BEAR N
85°41100"W FOR A DISTANCE
OF 240.46 FEET TO A POINT;
THENCE BEAR N 04°28'42"E
FOR A DISTANCE OF 25.33
FEETTO A POINT;THENCE
BEAR S 86004'08"E FOR A
DISTANCE OF 23.65 FEET TO
THE POINT OF BEGINNING OF
THE HEREIN DESCRIBED UNIT
4;THENCE CONTINUE
S 86°04'08"E FOR A DISTANCE
OF 40.00 FEET TO A POINT;
THENCE BEAR N 030554tr E
FOR A DISTANCE OF 29.67
FEET TO A POINT;THENCE
743
IN THE CIRCUIT COURT OF THE
SIXTEENTH JUDICIAL CIRCUIT IN AND
FOR MONROE COUNTY, FLORIDA
CASE NO.: 2011-CA-975-K
FIRST STATE BANK OF THE FLORIDA
KEYS, a Florida Corporation,
era r=
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Plaintiff, -
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V. C—, c-n
A1 -10
7J
BRANDI B. MORIN, an individual; �`C'! rh
�Cn_ .
UNKNOWN SPOUSE OF BRANDI B.
MORIN; STAR FISH CAY CONDOMINIUM
ASSOCIATION, INC., a Florida nonprofit ro
corporation; COUNTY OF MONROE, a
political subdivision of the State of Florida;
UNKNOWN TENANT #1, tenant in DOCK 1887900
possession; and UNKNOWN TENANT #2, Ska 2575 Pg# 1828
tenant in possession,
Defendants.
ASSIGNMENT OF JUDGMENT
THIS ASSIGNMENT OF JUDGMENT is made by FIRST STATE BANK OF THE
FLORIDA KEYS (the "Assignor") to and for the benefit of Keys Island Properties, LLC (the
"Assignee"):
WE, FIRST STATE BANK OF THE FLORIDA KEYS, the plaintiff in the above
captioned case, for the sum of Ten and no/100 Dollars and other valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, hereby assign to Assignee all
our right, title and interest, in that certain Uniform Final Judgment of Foreclosure, entered
on May 14, 2012, in the Circuit Court of the 16th Judicial Circuit in and for Monroe County,
Florida, in Case No. 2011-CA-975-K, in the sum of$269,735.57, bearing interest at the rate
of 4.75% per year from May 14, 2012 (the "Judgment"), a true and correct copy of which is
attached hereto as Exhibit "A," including any and all sums of money that may be obtained
as a result of said Judgment or any proceedings thereon, and including the right to bid
credit in the amount of said Judgment, plus additional costs and interest as applicable, and
which Judgment creates a lien on the following described real property:
Unit 4, 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
1
744
CASE NO.:2011-CA-975-K
common elements appurtenant thereto, and subject to the covenants,
conditions, restrictions and other provisions of the Declaration of
Condominium and all amendments thereto.
Unit 4 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 N 85' 41' 00" W for a distance of 240.46 feet to a point;
thence bear N 04' 28' 42" E for a distance of 25.33 feet to a point; thence
bear S 86' 04' 08" E for a distance of 23.65 feet to the Point of Beginning
of the herein described Unit 4; thence continue S 86' 04' 08" E for a
distance of 40.00 feet to a point; thence bear N 03' 55' 52" E for a
distance of 26.67 feet to a point; thence bear N 86' 04' 08" W for a
distance of 40.00 feet to a point; thence bear S 03' 55' 52" W for a
distance of 26.67 feet back to the Point of Beginning.
commonly known as 92 John Street, Summerland Key, Florida 33042 (the "Property").
Assignee shall have the right to collect or receive the monies due under the
Judgment, and any part thereof, to bid credit at the foreclosure sale, to entry of az6rtificate
of title in his name, if applicable, and to release or discharge said Judgment.
ASSIGNOR:
FIRST STATE BANK OF E FLORIDAKEYS
W mess
.10,40 ��ic By:
Gary C&Oby a ve ice President
Witness
STATE OF FLORIDA )
)ss:
COUNTY OF MONROE }
The foregoing instrument was acknowledged before me this 2-5%day of May, 2012 by Gary
Carney, as Executive Vice President of First State Bank of the Florida Keys, who is
personally known to me and who did take an oath.
Notary Pu * , State of Florida
My Commission Expires:
`..•�••.., JANA KO:CE170"4
Notary Pubnc•s Florida
• My Comm.Expire6.2016
Canmlasion I
tlarA"Through Nanary AM-
2
gkp�58jg gP9a 1829
MONROle CO
OFFICrAL RECOR4S
745
IN THE CIRCUIT COURT OF THE
SIXTEENTH JUDICIAL CIRCUIT IN AND
Doc# 1851007 09/12/2011 4:07PM FOR MONROE COUNTY, FLORIDA
FRCYedNYfORGords of
MONROE Recorded in
KLHE CASE NO.:
FIRST STATE BANK OF THE FLORIDA KEYS,
a Florida Corporation,
Plaintiff,
r7
V.
BRANDI B. MORIN, an individual; UNKNOWN
SPOUSE OF BRANDI B. MORIN; STAR FISH
CAY CONDOMINIUM ASSOCIATION, INC., a '
Florida nonprofit corporation; COUNTY OF
MONROE, a political subdivision of the State of 7
u;
Florida; UNKNOWN TENANT #1, tenant in
possession; and UNKNOWN TENANT #2,
tenant in possession,
Defendants.
NOTICE OF LIS PENDENS
TO: BRANDI B. MORIN, an individual; UNKNOWN SPOUSE OF BRANDI B. MORIN, an
individual; STAR FISH CAY CONDOMINIUM ASSOCIATION,INC.,a Florida nonprofit
corporation; COUNTY OF MONROE; UNKNOWN TENANT#1; UNKNOWN TENANT
#2; and all others whom it may concern:
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 in Monroe County, Florida, more particularly described on
Exhibit "A," attached and incorporated by reference.
Dated: August 31, 2011
;ida
FBar
bmitted,
Doc# 1851007 man
Bk# 2533 Pg# 2061 727260
Tabas, Freedman, Soloff, Miller & Brown, P.A.
Attorneys for Fannie Mae
One Flagler Building
14 Northeast First Avenue, Penthouse
Miami, Florida 33132
Telephone: (305) 375-8171
Telefax: (305) 381-7708
E-mail: gary�a�tabasfreedman.com
TABAS,FREEDMAN,SOLOFF,MILLER&BROWN,P.A.•ONE FLAGLER BUILDING,14 NORTHEAST FIRST AVENUE,PEN]THOUSE,MIAMI,FI.ORIDA 33132.(305)375-8171 746
Exhibit A
Unit 4, 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 4 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
N 850 41' 00" W for a distance of 240.46 feet to a point;
thence bear N 04' 28' 42" E for a distance of 25.33 feet to a point;
thence bear S 860 04' 08" E for a distance of 23.65 feet to the Point of
Beginning of the herein described Unit 4;
thence continue S 860 04' 08" E for a distance of 40.00 feet to a point;
thence bear N 030 55' 52" E for a distance of 26.67 feet to a point;
thence bear N 860 04' 08" W for a distance of 40.00 feet to a point;
thence bear S 030 55' 52" W for a distance of 26.67 feet back to the Point
of Beginning
Doc# 1851007
Bk# 2533 Pg# 2062
MONROE COUNTY
OFFICIAL RECORDS
747
IN THE CIRCUIT COURT OF THE
SIXTEENTH JUDICIAL CIRCUIT IN AND
FOR MONROE COUNTY, FLORIDA
Doc# 1888955 06/26/2012 2:21PM
Filed &MONROE Recorded
3DANNY�La 1 Records of
KOLNAGE
CASE NO. 44-2011-CA-000975-K
FIRST STATE BANK OF THE FLORIDA KEYS a Florida Corporation a
Plaintiff
vs. _ :Z
tV �
BRANDI B. MORIN et al.
Defendant _
un
CERTIFICATE OF TITLE = )
co
The undersigned Clerk of the Court certifies that he or she executed and filed a Certificate
of Sale in this action June 14, 2012 for the property described herein and that no objections
to the sale have been filed within the time allowed for filing objections.
06/26/2012 2:21PM
The following property in Monroe County, Florida: DEED DOC STAMP CL: DS $0.70
SEE ATTACHED LEGAL DESCRIPTION
was sold to: KEYS ISLAND PROPERTIES, LLC
1201 SIMONTON STREET Doc# 1888955
KEY WEST FLORIDA 33040 Bk# 2577 Pg# 54
WITNESS MY HAND AND SEAL of this Court on June 25, 2012
DANNY L. KOLHAGE
\Clerk of the Court
By: t1Urdr•��
Deputy Clerk
Bid Amount $100.00 'k d ' "'
748
SV tm 257-7 pgtl 55
UNIT 4, 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 4 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 N 85° 41' 00" W
FOR A DISTANCE OF 240.46 FEET TO A POINT; THENCE
BEAR N 04° 28' 42" E FOR A DISTANCE OF 25.33 FEET TO
A POINT; THENCE BEAR S 86° 04' 08" E FOR A DISTANCE
OF 23.65 FEET TO THE POINT OF BEGINNING OF THE I
HEREIN DESCRIBED UNIT 4; THENCE CONTINUE S 86° 04'
08" E FOR A DISTANCE OF 40.00 FEET TO A POINT;
THENCE BEAR N 03° 55' 52" E FOR A DISTANCE OF 26.67
FEET TO A POINT; THENCE BEAR N 86° 04' 08" W FOR A
DISTANCE OF 40.00 FEET TO A POINT; THENCE BEAR S
030 55' 52" W FOR A DISTANCE OF 26.67 FEET BACK TO
THE POINT OF BEGINNING
i
I
1
I
i
I
749
IN THE CIRCUIT COURT OF THE
SIXTEENTH JUDICIAL CIRCUIT IN AND
FOR MONROE COUNTY, FLORIDA
CASE NO.: 2011-CA-975-K
FIRST STATE BANK OF THE FLORIDA
KEYS, a Florida Corporation, L �'
Z rr1
Plaintiff,
N
V. r'i
-"O
BRANDI B. MORIN, an individual;
r�
UNKNOWN SPOUSE OF BRANDI B. �+
MORIN; STAR FISH CAY CONDOMINIUM
ASSOCIATION, INC., a Florida nonprofit ry
corporation; COUNTY OF MONROE, a
political subdivision of the State of Florida;
UNKNOWN TENANT #1, tenant in
possession; and UNKNOWN TENANT #2, DOC# 1888955
tenant in possession, Bk# 2577 P9# 56
Defendants.
ASSIGNMENT OF JUDGMENT
THIS ASSIGNMENT OF JUDGMENT is made by FIRST STATE BANK OF THE
FLORIDA KEYS (the "Assignor") to and for the benefit of Keys Island Properties, LLC (the
"Assignee"):
WE, FIRST STATE BANK OF THE FLORIDA KEYS, the plaintiff in the above
captioned case, for the sum of Ten and no/100 Dollars and other valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, hereby assign to Assignee all
our right, title and interest, in that certain Uniform Final Judgment of Foreclosure, entered
on May 14, 2012, in the Circuit Court of the 16th Judicial Circuit in and for Monroe County,
Florida, in Case No. 2011-CA-975-K, in the sum of$269,735.57, bearing interest at the rate
of 4.75% per year from May 14, 2012 (the "Judgment"), a true and correct copy of which is
attached hereto as Exhibit 'A," including any and all sums of money that may be obtained
as a result of said Judgment or any proceedings thereon, and including the right to bid
credit in the amount of said Judgment, plus additional costs and interest as applicable, and
which Judgment creates a lien on the following described real property:
Unit 4, 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
1
750
CASE NO.:2011-CA-975-K
common elements appurtenant thereto, and subject to the covenants,
conditions, restrictions and other provisions of the Declaration of
Condominium and all amendments thereto.
Unit 4 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 N 850 41' 00" W for a distance of 240.46 feet to a point;
thence bear N 04` 28' 42" E for a distance of 25.33 feet to a point; thence
bear S 86' 04' 08" E for a distance of 23.65 feet to the Point of Beginning
of the herein described Unit 4; thence continue S 860 04' 08" E for a
distance of 40.00 feet to a point; thence bear N 03' 55' 52" E for a
distance of 26.67 feet to a point; thence bear N 86* 04' 08" W for a
distance of 40.00 feet to a point; thence bear S 03' 65' 52" W for a
distance of 26.67 feet back to the Point of Beginning.
commonly known as 92 John Street, Summerland Key, Florida 33042 (the "Property").
Assignee shall have the right to collect or receive the monies due under the
Judgment, and any part thereof, to bid credit at the foreclosure sale, to entry of ac6rtificate
of title in his name, if applicable, and to release or discharge said Judgment.
ASSIGNOR:
FIRST STATE BANK OF E FLORIDA KEYS
Witness 9-k �/
yn�l� By
Gary C ey a ve ice President
Witness
STATE OF FLORIDA )
)ss:
COUNTY OF MONROE )
The foregoing instrument was acknowledged before me this 2.5`day of May, 2012 by Gary
Carney, as Executive Vice President of First State Bank of the Florida Keys, who is
personally known to me and who did take an oath.
I
Notary PubO, State of Florida
My Commission Expires:
,........, JANA KOSOVA
Notary Public-slate of
• tAy Comm,ExPtras Fab Florida16,2016
Commission NEE 170644
Doc# 1888955 «>` san0aa Throoph kotional Molary Assn.
BkN 2577 PgN 57 2
MONROE COUNTY
OFFICIAL RECORDS
751
Doca 1634129 03/23/2007 2:28PM
Filed & Recorded in Official Records of
This instrument was prepared by: MONROE COUNTY DANNY L. KOLHAGE
Monroe County Housing Authority
1400 Kennedy Drive 03/23/2007 2:28PM
Key West, FL 33040 MORTGAGE DOC STAMP CL: RS $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 Doca 1634129
(Due on Sale,Refinancing or Rental) Bka 2281 Pga 2149
COUNTY OF MONROE
SHIP HOMEBUYER ASSISTANCE LOAN
AFFORDABLE HOUSING PERMIT PR Y
M fCk
This second mortgage is made this day of iy, 07,between the Mortgagor,
BRANDI B. MORIN, (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 der in the principal sum of FORTY FIVE
THOUSAND DOLLARS AND NO CE 45,000.00),which indebtedness is evidenced
by the Borrower's Promissory Note dated r *,2007 and extensions and renewals
thereof(herein "Note," roviding for payment of principal indebtedness if not sooner paid,
due and payable on 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 FIKIA GOV LOT 9,SEC 26,
TWN 66S, RNG 28 EAST UNIT#4
Affordable Housing Building Permit 04-1-5150 Deed Restriction Doe,#1528702
Book 2133, Page 136-138
Which has the address of: 92 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."
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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
2. Prior Morteaees and Deeds of Trust; Charees; 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.
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fl
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 x o
the Borrower requesting payment thereof. Nothing contained in this Paragraph 5 shall a e
require the Lender to incur any expense or take any action hereunder. N 2t
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OD CP
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 N
any such inspection specifying reasonable cause therefor to the Lender's interest in the a [o
Property. N
to
7. Condemnation. The proceeds of any award or claim for damages, direct or
consequential, in connection with any condemnation or other taking of the Property, or
part thereof, or for conveyance in lieu of condemnation,are hereby assigned and shall be
paid to the Lender, subject to the terms of any mortgage, deed of trust or to the security
agreement with a lien that has priority over this Mortgage.
8. Borrower Not Released;Forbearance by Lender Not a Waiver. Extension of the time
for payment or modification of amortization of the sums secured by this Mortgage
granted by the Lender to any successor in interest of the Borrower shall not operate to
release, in a manner,the liability of the original Borrower and the Borrower's successors
in interest. The Lender shall not be required to commence proceedings against such
successor or refuse to extend time for payment or otherwise modify amortization of the
sums secured by this Mortgage by reason of any demand made by the original Borrower
and the Borrower's successors in interest. Any forbearance by the Lender in exercising
any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a
waiver of or preclude the exercise of any such right or remedy.
9. Successors and Assiens Bound; Joint and Several Liability; Co-Sinners. The
covenants and agreements herein contained shall bind, and the rights hereunder shall
inure to,the respective successors and assigns for the Lender and the Borrower,subject to
the provisions of Paragraph 14 hereof. If more than one Borrower .executes this
Mortgage, all covenants,representations,warranties and agreements of Borrower shall be
joint and several. Any Borrower who co-signs this Mortgage, but does not execute the
Note: (a)is co-signing this Mortgage only to mortgage, grant and convey that Borrower's
interest in the Property to the Lender under the terms of this Mortgage, (b) is not
personally liable on the Note or under this Mortgage,and(c)agrees that Lender and any
other Borrower hereunder may agree to extend, modify, forbear, or make any other
accommodations with regard to the terms of this Mortgage or the Note without the
Borrower's consent and without releasing that Borrower or modifying this Mortgage as to
that Borrower's interest in the Property.
10.Notice. Except for any notice required under applicable law to be given in another
manner: (a) any notice of the Borrower provided for in this Mortgage shall be given by
delivering it or by mailing such notice by certified or registered mail, postage prepaid,
addressed to the Borrower at the Property Address or at such other address as the
Borrower may designate by notice to the Lender as provided herein,and(b) any notice to
the Lender and/or the Federal National Mortgage Association ("Fannie Mae") shall be
given by certified or registered mail,postage prepaid,and if to the Lender at the Lender's
address stated on page 1 hereof with a copy to Servicer, if to Fannie Mae, addressed to
950 East Paces Ferry Road, Atlanta, Georgia 31326, Attention: Loan Administration, or
to such other address as the Lender may designate by notice to the Borrower as provided
herein. Any notice provided for in this Mortgage shall be deemed to have been given to
the Borrower or the Lender when given in the manner designated herein.
11.Governing Law; Severability; Costs. This Mortgage shall be governed by the laws of
the State of Florida, and, to the extent applicable hereto, the laws and regulations of the
United States of America. In the event that any provision or clause of this Mortgage or
the Note conflicts with applicable .law, such conflict provision, and to this and the
provisions of this Mortgage or the Note that can be given effect without the conflicting
provision, and to this and the provisions of this Mortgage and the Note are declared to be
severable. As used herein,"costs,""expenses,"and"attorneys' fees"include all sums to
the extent not prohibited by applicable law or limited herein.
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754
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. a e
13.Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations nNi r
under any home rehabilitation, improvement, repair, or other loan agreement that O6 CO
42,
Borrower enters into with the Participant,the Lender,at the Lender's option,may require
ri
Borrower to execute and deliver to the Lender, in a form acceptable to the Lender, as m
assignment of any rights,claims or defenses that Borrower may have against parties who a
supply labor, materials or services in connection with improvements made to the
Property. N
14. Transfer of the Property. If all or any part of the Property or any interest in it is sold,
transferred, gifted or otherwise conveyed, whether by voluntary act, involuntarily, by
operation of law or otherwise,or if the Borrower is divested of title by judicial sale,levy
or other proceeding, or if foreclosure action is instituted against the Property, or if the
First Mortgage is satisfied or refinanced, or if the Property is leased or rented, all sums
secured by this Mortgage shall immediately become due and payable as provided herein.
In the event that the property is constructed,developed,financed or owned by Habitat for
Humanity of Key West and Lower Florida Keys,Inc.,Habitat for Humanity of the 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(&)qualify under
SHE 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 rea ably
Page 4 �
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R
require to assure that the lien of this Mortgage,the Lender's interest in the Property and W v
the Borrower's obligation to pay the sums secured by this Mortgage shall continue a a
unimpaired. Upon such payment and cure by the Borrower, this Mortgage and the N a
obligations secured hereby shall remain in full force and effect as if no acceleration had m
occurred. *'w
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19.Assisnment of Rents;Appointment of Receiver. As additional security hereunder,the a 10
Borrower hereby assigns to the Lender the rents of the Property, provided that the N
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. w
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.
Page 5
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NOTICE TO BORROWER
DO NOT SIGN THIS MORTGAGE IF IT CONTAINS BLANK SPACES. v
ALL SPACES SHOULD BE COMPLETED BEFORE YOU SIGN, a no
2z
THIS IS A BALLOON MORTGAGE WHERE THE PRINCIPAL BALANCE DUE
UPON MATURITY IS$45,000.00,TOGETHER WITH ACCRUED INTEREST,IF w�
ANY,AND ALL ADVANCEMENTS MADE BY THE MORTGAGEE UNDER
THE TERMS OF THIS SECOND MORTGAGE. In c0
N
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Sig d se ed,and delivered in the presence of: q yam'
fitness Signature Borrower e�
Printed*WC I. G�'iRRICI.RODRIGUEZ
C, \'�.+v � Address:
Witness Signa
,Name: (",
Witness Signature Borrower
Printed Name:
Address:
Witness Signature
Name:
STATE OF FLORIDA
COUNTY OF MONROE
w
The fQ l going was acl owled ed before me this 1 day of
2007 by I i i\�A- 7 TtA jk i n who is personally
known to me or who has produced a valid driver license as identification and who did not take an
oath.
4� Signature Printed Name:
ERICA 1. GARRiCK-RODRIGUEZ
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 6 757
Doop 1634129
Bk# 2281 Pgp 2155
EXHIBIT A
Unit 4, 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 Dececember 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 4 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 N 85'41' 00" W for a distance of 240.46 feet to a point;
thence bear N 040 28'42" E for a distance of 25.33 feet to a point;
thence bear S 86' 04'08" E for a distance of 23.65 feet to the Point of Beginning of the herein described Unit 4;
thence continue S 86' 04'08" E for a distance of 40.00 feet to a point;
thence bear N 03' 55' 52" E for a distance of 26.67 feet to a point;
thence bear N 86' 04'08" W for a distance of 40.00 feet to a point;
thence bear S 03' 55'52" W for a distance of 26.67 feet back to the Point of Beginning.
MONROE COUNTY
OFFICIAL RECORDS
p 758
N
Doen 1883871 05/22/2012 11:56At I IN THE CIRCUIT COURT OF THE
MONROE COUNTY in official
La1KOLHAGE of SIXTEENTH JUDICIAL CIRCUIT IN AND
Doc# 1883871 FOR MONROE COUNTY, FLORIDA
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CASE NO.: 2011-CA-975-K
FIRST STATE BANK OF THE FLORIDA
KEYS, a Florida Corporation,
Plaintiff,
V. - 1
BRANDI B. MORIN, an individual;
UNKNOWN SPOUSE OF BRANDI B. W
MORIN; STAR FISH CAY N
CONDOMINIUM ASSOCIATION, INC., a
r' N
Florida nonprofit corporation; COUNTY
OF MONROE, a political subdivision of
the State of Florida; UNKNOWN TENANT
#1, tenant in possession; and UNKNOWN
TENANT#2, tenant in possession,
Defendants.
UNIFORM FINAL JUDGMENT OF FORECLOSURE
This form substantially complies with Form 1.996, adopted by
the Florida Supreme Court December 9, 2010, SC09-1579.
THIS action was tried before the Court. On the evidence presented
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 $ 234,626.74
Interest from July 1, 2010 to May 7, 2012 (per diem of$22.810933) $ 15,384.70
Late Fees $ 433.60
Deferred Interest Payments $ 3,813.09
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CASE NO.: 2011-CA-975-K
Insurance/Taxes $ 4,085.94
Attorneys' Fees
Findings as to reasonable number of hours: 30.1
Findings as to reasonable hourly rate: $286.62
Attorneys' fee total $ 8,627.26
Court costs, now taxed
Filing Fee $ 962.50
Overnight Delivery $ 72.37
Mediation $ 400.00
Service of Process $ 945.00
Postage $ 5.76
Photocopies $ 76.50
Westlaw (People Map Search) $ 27.11
Title Service Fees $ 275.00
TOTAL $ 269,735.57
that shall bear interest at the rate of 4.75% per year from or, /4 2012.
2. Plaintiff holds a lien for the total sum superior to all claims or estates of
defendant(s), on the following described property in Monroe County Florida:
UNIT 4, 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.
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CASE NO.: 2011-CA-975-K
UNIT 4 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 N 850 41' 00" W
FOR A DISTANCE OF 240.46 FEET TO A POINT; THENCE
BEAR N 040 28' 42" E FOR A DISTANCE OF 25.33 FEET TO
A POINT; THENCE BEAR S 86' 04' 08" E FOR A DISTANCE
OF 23.65 FEET TO THE POINT OF BEGINNING OF THE
HEREIN DESCRIBED UNIT 4; THENCE CONTINUE S 86' 04'
08" E FOR A DISTANCE OF 40.00 FEET TO A POINT;
THENCE BEAR N 030 55' 52" E FOR A DISTANCE OF 26.67
FEET TO A POINT; THENCE BEAR N 860 04' 08" W FOR A
DISTANCE OF 40.00 FEET TO A POINT; THENCE BEAR S
030 55' 52" W FOR A DISTANCE OF 26.67 FEET BACK TO
THE POINT OF BEGINNING
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 00/14 / /L 4M 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 cleric 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.
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CASE NO.: 2011-CA-975-K
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 [is pendens shall be 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
Any additions, modifications or changes to the provisions above may only be set
forth in this paragraph.
a. No further order of Court is required to issue certificate of title in the event
an assignment of bid is filed.
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 Court for your county at the following
address 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.
Clerk of the Court
Key West Courthouse
500 Whitehead Street
Key West, FL 33040
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 help to
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 the local legal
services listed below 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
Doe# 1883871
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CASE NO.: 2011-CA-975-K
other options. If you choose to contact one of the services listed below, you should
do so as soon as possible after the receipt of this notice.
Florida Legal Services, Inc.
Voluntary Pro Bono Attorney Plan
2121 Delta Blvd
Tallahassee, FL 32303-4221
Phone: 850-385-7900
DONE AND ORDERED in Chambers in Monroe County, Florida, this/4 day of
2012.
A
HONORABLE L1�
Circuit Court Judge
Copies furnished to:
Gary M. Freedman
Tabas, Freedman, Soloff, Miller& Brown, P.A.
14 NE 1"Avenue, Penthouse
Miami, Florida 33132 Docu 1883871
Brandi B. Morin n/k/a Brandi B. Bruno BkN 2571 PgN 326
Unknown Spouse of Brandi B. Morin n/k/a Michael Bruno
P.O. Box 56
Tuckahoe, New Jersey 08250
Franklin D. Greenman
Greenman & Manz
5800 Overseas Highway, Suite 40
Marathon, FL 33050
Attorneys for Star Fish Gay Condominium, Inc.
Christine Limbert-Barrows, Esq.
Monroe County Attorney's Office
1111 12th Street, Suite 408
Key West, Florida 33040
Attorney for County of Monroe
MONROE COUNTY
OFFICIAL RECORDS
763
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 MARCH 16,2007 by BRANDI B.MORIN, to Monroe County,Florida and recorded on MARCH
23,2007, in Official Records Book 2281,Page 2149 as Document#1634129 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 GO LOT 9 SECTION 26
TWN 66S,RNG 28 EAST UNIT#4,AFFORDABLE HO USING B UILDING PERMIT 04-1-5150 DEED
RESTRICTION DOCUMENT#1528702, BOOK 2133, PAGE 136-138
Which has the address of.- 92 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
UULI A
Commission No:
Christina Cory,Assistant CountyUf�_
r
Commission Expires:
764
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 BRANDI B. MORIN in the amount of$45,000.00 on March 16, 2007, recorded on March 23,
2007, as Document#1634129, Book 2281, Page 2149 of the public records of Monroe County, Florida,
secured by the property located at 92 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 a Notice of Lis Pendens on August 31, 2011, Document#1851007, Book
2533, Page 2061; and
WHEREAS,a Final Judgment of Foreclosure was Ordered on May 14, 2012, Document#1883871,
Book 2571, Page 322, sale by auction was set for June 14, 2012, and the property was sold to the highest
bidder on June 14, 2012, Document#1887900, Book 2575, Page 1824 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 June 25, 2012, Document
#1888955, Book 2577, Page 54; and
NOWTHEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Monroe County,
Florida that the County hereby:
Authorizes the write-off of a SHIP Second Mortgage Loan in the amount of$45,000.00 formerly
secured by the property located at 92 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
Christina Cory,Assistant Couno Attorney
765