Case 9:20-cv-81728-DMM Document 17-26

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IN THE CIRC UIT COU RT OF THE

FIFT EEN TH JUD ICIA L CIRCUIT. IN AND
FOR PAL M BEA CH COU NTY , FLORIDA

CASE NO.: 5020 16-C A-00 9292 AH

FIRS T AMERICAN BAN K, as

succ esso r by merg er to Bank of
Coral Gables, LLC,

Plaintiff,

V.

LAU REN CE S. SCH NEID ER,

STEP HAN IE L. SCH NEID ER, et al.,

Defendants.
_ _ __ _ __ _ __ !

AMENDED FINAL JUDGMENT OF FORECLOSURE

THIS CAU SE ca.me on befo re this Court upon the Mand
ate issued by the Fourth District
Court of Appeal dated Sept embe r 7, 2018, and, its Opin
ion dated July 25, 2018, and
accordingly, this Court enters this Amended Final Judg
ment of Fore closu re as fo llows :
The Cause having come befo re this Court upon the Moti
on for Summary Judgment filed
by First American Bank whic h was heard by the Cour
t at a 45-minute specially set hearing on
Monday, June 26, 2017, and the Court, having heard
and cons idere d argument from First
American Bank , it is

ORD ERE D AND ADJ UDG ED THAT:

1. Judgrrent is GRA NTE D in favo r of Plaintiff, FIRS

T AMERICAN BANK, and
against Defendants, LAU REN CE S. SCH NEID ER,
STEP HAN IE L. SCH NEID ER and
THE OAKS AT BOC A RATON PRO PER TY OWN
ERS ' 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 Judgrrent

$69, 646.5 2
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Flori da Ad Valoremlreal prop erty taxes for 2014

, 2015 and 2016 $66, 870. 93
Total $1,6 25,072.21
That shall bear inter est at the rate of 5.05% per
year. Interest bega n accrning as of June
26 , 20 17, the date the Final Judgment was enter
ed.
3. Lien of Property. Plaintiff, FIRS T AMERICAN
BAN K, holds a lien for the
total swn supe rior to all claims or estat es of Defe
ndan ts, on the follo wing desc ribed
prop erty in Palm Beac h Co\lllty, Florida:
"Lo t 37 of the Fox Hill Esta tes of Boc a Raton,
acco rding to the Plat thereof, as
reco rded in Plat Boo k 87, Page 4 , of the Public
Reco rds of P alm Beac h County,
Florida."
Commonly known as 17685 Circle Pond Court,
Boc a Raton, Florida 3349 6- 1002
("Pr oper ty").

4. Sale of Property. The Cou rt is withholding havin

g a sale of the Prop erty,
pending application by Plaintiff, FIRS T AMERICA
N BAN K, requesting a sale of the
Prop erty and certifying that the Amended Final
Judgment, date d June 30, 2017
("Mo netar y Judgment''), awarding damages has
not been satisfied. Upo n application by
Plaintiff, FIRS T AMERICAN BAN K, requestin
g a sale of the Property and certifying
that the Mon etary Judgment has not been satisfied,
this Cour t shall ente r an Orde r
instructing the Clerk of Cour t to sell the Prop erty.

5. Cost s. Plaintiff, FIRS T AME RICA N BAN K, s hall

advance all subseque nt cost s
of this actio n and shall be reimburse d for them by
the Cler k if Plain tiff, FIRS T
AME RICA N BAN K, is not the purc hase r of the
Prop erty for sale, provided that the
purc hase r of the Prop erty fo r sale shall be respo
nsible for the documentary stamps
payable on the certi ficat e of title. If Plaintiff, FIRS
T AME RICA N BAN K, is the
purchaser, the Cler k shall cred it Plain tiff's bid with
the total sum with inter est and cost s
accruing subsequent to this Judgment, or such part
of it as is nece ssary to pay the bid in
full.

6. Distribution of Proc eeds . On filing the certificat

e of title the Cler k shall
distribute the proc eeds of the sale, so far as they
are sufficient, by paying: first, all of

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Case No.5 0-20 16- CA-0 09292-XX XX-M B

Plain tiff's costs ; secon d, docmnentary stamps affixe d

to the certificate; third, Plain tiff's
attorneys ' fees; fourth, the total sum due to plaintiff, less
the items paid, plus interest at
the rate presc ribed in P aragraph 2 from this date to the date
of the sale; and by retaining
any remaining amount pending further order of this Cour
t
7. Right of Redemption/Right of Poss essio n. On filing the
certif icate of sale,
Defendants and all perso ns claiming under or against Defen
dants since the filing of the
Notic e of Lis Pend ens shall be forec losed of all estate
or claim in the Prope rty and
Defen dants ' right of redem ption as presc ribed by sectio
n 45.0315, Florid a Statutes
(2013) shall be terminated, exce pt as to claims or rights
w,der chapt er 718 or chapt er 720,
Florida Statutes, if any. Upon the filing of the certif icate
of title, the perso n named on the
certif icate of title shall be let into posse ssion of the Prope
rty.
8. Attorneys' Fees . The Cour t finds that Plaintiff, FIRS T
AME RICA N BAN K, is
entitled to reaso nable attorn eys' fees, costs and expen
ses incurred in conne ction with
this action. The Cour t will retain jurisdiction to detennine
the total amow,ts of attorneys '
fees , costs and expen ses to which Plaintiff is entitled.

9. Jurisdiction Retained. Jurisdiction of this action is retain

ed to enter further
order s that are prope r including, without limitation, a defic
iency judgment.
IF THIS PRO PERT Y IS SOLD AT PUBL IC AUC TION
, THE RE MAY BE
ADD ITIO NAL MON EY FRO M THE SALE AFTE R PAY
MEN T OF P ERSO NS WHO ARE
ENTI TLED TO BE PAID FRO M THE SALE PROCEED
S PUR SUA NT TO THE FINA L
JUD GME NT.

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IF YOU ARE A SUBO RDIN ATE LIEN HOID ER CLAI

MING A RIGH T TO FUND S
REM AINI NG AFTE R THE SALE, YOU MUS T FILE
A CLAI M WITH THE CLER K NO
LATE R THAN 60 DAY S AFTE R THE SALE. IF YOU
FAIL TO FILE A CLAIM, YOU WILL
NOT BE ENTITLED TO ANY REM AINI NG FUN DS.
DON E AND ORD ERE D in West Palm Beac h, Palm Beac
h Collllty, Florid a.
/ ~ 10112~r018
16·CA· 009292 •XXXX-MB

Z 1~ d- uc5Sm~
50-2016-CA-009292-XXXX -MB 10/lW 0lB
Lisa S. Small
Judge

Copi es flll11is hed to:

Hern y H. Bolz, III, Esq.

Kelle r & Bolz, LLP
Attor neys for First Amer ican Bank
121 Majo rca Aven ue, #200
Coral Gable s, FL 33134
Etrail: hbolz @kel lerbo lz.com

Ryan D. Geste n, Esq.

The Law Offic es of Ryan D. Geste n, P.A.
Attorneys fo r Laurence and Stephanie Schn eider
200 South Andrews Avenue, 9 h Floor
Fort Lauderdale , FL 3330 I
Email: ryan@ gestenlaw.com

Aleksandra N ovako vich Gonz alez, Esq.

Sachs , Sax, Caplan
Attor neys for The Oaks at Boca Raton Prope rty Owne
rs' Assoc iation , Inc.
6 J 11 Brok en Sound Parkw ay, N .W., #200 ,
Boca Raton, FL 3348 7
Email: ago nzale z@ss clawf innco m

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