Case 9:20-cv-81728-DMM Document 17-26 Entered on FLSD Docket 10/21/2020 Page 1 of 4

IN THE CIRCUIT COURT OF THE

FIFTEENTH JUDICIAL CIRCUIT. IN AND
FOR PALM BEACH COUNTY, FLORIDA

CASE NO.: 502016-CA-009292 AH

FIRST AMERICAN BANK, as

successor by merger to Bank of
Coral Gables, LLC,

Plaintiff,

v.

LAURENCE S. SCHNEIDER,
STEPHANIE L. SCHNEIDER, et al.,

Defendants.
/

AMENDED FINAL JUDGMENT OF FORECLOSURE

THIS CAUSE came on before this Court upon the Mandate issued by the Fourth District
Court of Appeal dated September 7, 2018, and, its Opinion dated July 25, 2018, and

accordingly, this Court enters this Amended Final Judgment of Foreclosure as follows:
The Cause having come before this Court upon the Motion for Summary Judgment filed
by First American Bank which was heard by the Court at a 45-minute specially set hearing on

Monday, June 26, 2017, and the Court, having heard and considered argument from First
American Bank, it is
ORDERED AND ADJUDGED THAT:
1. Judgment is GRANTED in favor of Plaintiff, FIRST AMERICAN BANK, and
against Defendants, LAURENCE S. SCHNEIDER, STEPHANIE L. SCHNEIDER and
THE OAKS AT BOCA RATON PROPERTY OWNERS’ ASSOCIATION, INC.
2. Amounts Due. Plaintiff, FIRST AMERICAN BANK, 2295 Galiano Street,
Coral Gables, Florida 33134, is due:
Principal $1,488,554.76
Interest from March 16, 2016 to date of this Judgment $69,646.52

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Florida Ad Valorem/real property taxes for 2014, 2015 and 2016 $66,870.93
Total $1,625,072.21
That shall bear interest at the rate of 5.05% per year. Interest began accruing as of June
26, 2017, the date the Final Judgment was entered.
3. Lien of Property. Plaintiff, FIRST AMERICAN BANK, holds a lien for the
total sum superior to all claims or estates of Defendants, on the following described
property in Palm Beach County, Florida:
“Lot 37 of the Fox Hill Estates of Boca Raton, according to the Plat thereof, as
recorded in Plat Book 87, Page 4, of the Public Records of Palm Beach County,
Florida.”
Commonly known as 17685 Circle Pond Court, Boca Raton, Florida 33496-1002
(“Property”).
4. Sale of Property. The Court is withholding having a sale of the Property,
pending application by Plaintiff, FIRST AMERICAN BANK, requesting a sale of the
Property and certifying that the Amended Final Judgment, dated June 30, 2017

(“Monetary Judgment”), awarding damages has not been satisfied. Upon application by
Plaintiff, FIRST AMERICAN BANK, requesting a sale of the Property and certifying
that the Monetary Judgment has not been satisfied, this Court shall enter an Order
instructing the Clerk of Court to sell the Property.
5. Costs. Plaintiff, FIRST AMERICAN BANK, shall advance all subsequent costs
of this action and shall be reimbursed for them by the Clerk if Plaintiff, FIRST
AMERICAN BANK, is not the purchaser of the Property for sale, provided that the
purchaser of the Property for sale shall be responsible for the documentary stamps
payable on the certificate of title. If Plaintiff, FIRST AMERICAN BANK, is the
purchaser, the Clerk shall credit Plaintiff’s bid with the total sum with interest and costs
accruing subsequent to this Judgment, or such part of it as is necessary to pay the bid in
full.
6. Distribution of Proceeds. On filing the certificate of title the Clerk shall
distribute the proceeds of the sale, so far as they are sufficient, by paying: first, all of

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Plaintiff’s costs; second, documentary stamps affixed to the certificate; third, Plaintiff’s
attorneys’ fees; fourth, the total sum due to plaintiff, less the items paid, plus interest at
the rate prescribed in Paragraph 2 from this date to the date of the sale; and by retaining
any remaining amount pending further order of this Court.
7. Right of Redemption/Right of Possession. On filing the certificate of sale,
Defendants and all persons claiming under or against Defendants since the filing of the
Notice of Lis Pendens shall be foreclosed of all estate or claim in the Property and
Defendants’ right of redemption as prescribed by section 45.0315, Florida Statutes
(2013) shall be terminated, except as to claims or rights under chapter 718 or chapter 720,
Florida Statutes, if any. Upon the filing of the certificate of title, the person named on the
certificate of title shall be let into possession of the Property.
8. Attorneys’ Fees. The Court finds that Plaintiff, FIRST AMERICAN BANK, is
entitled to reasonable attorneys’ fees, costs and expenses incurred in connection with
this action. The Court will retain jurisdiction to determine the total amounts of attorneys’
fees, costs and expenses to which Plaintiff is entitled.
9. Jurisdiction Retained. Jurisdiction of this action is retained to enter further
orders that are proper including, without limitation, a deficiency judgment.
IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE
ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO ARE
ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THE FINAL
JUDGMENT.

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IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS

REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO
LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL
NOT BE ENTITLED TO ANY REMAINING FUNDS.
DONE AND ORDERED in West Palm Beach, Palm Beach County, Florida.

Copies furnished to:

Henry H. Bolz, III, Esq.

Keller & Bolz, LLP
Attorneys for First American Bank
121 Majorca Avenue, #200
Coral Gables, FL 33134
Email: hbolz@kellerbolz.com

Ryan D. Gesten, Esq.

The Law Offices of Ryan D. Gesten, P.A.
Attorneys for Laurence and Stephanie Schneider
200 South Andrews Avenue, 9 h Floor
Fort Lauderdale, FL 33301
Email: ryan@gestenlaw.com

Aleksandra Novakovich Gonzalez, Esq.

Sachs, Sax, Caplan
Attorneys for The Oaks at Boca Raton Property Owners’ Association, Inc.
6111 Broken Sound Parkway, N.W., #200,
Boca Raton, FL 33487
Email: agonzalez@ssclawfirm.com

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