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Home My WebLink AboutSubmittal - Richard Alayon - Corrected Amended Final Judgement of ForeclosureIw -S t.brn 11EFR000CTIENI. AOr /S `Sfj COURTHOUSE TOWER DATE MICROFILMED LOCATION FORECLOSURE FIRST ANION NATIONAL RANK OF FLORIDA, a national banking association, Plalnllff, INTERCONTINENTAL INVESTMENT BANK- ERS, INC., a Florida corporation, CAROLINE WEISS and JACK J. WEISS, Defendants. 1! '7. I IN THE CIRCUIT COURT OF THE IITH .JUDICIAL CIRCUIT OF FLOR- IDA IN AND FOR DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION r RECO 'OCD APR 75 1993 Ir. Clerk el Circuit • E Cnnnty Courts i CORRECTED AMENDED FINAL JUDGMENT OF FORECLOSURE THIS CAUSE having come before the Court at a hearing on December 10, 1991, upon platntiff's motion for final summary Judgment and award of attorneys' fees and costs, and the Court having considered the pleadings and proofs filed herein, and hav- ing heard argument of counsel, it in hereby ORDERED AND ADJUDGED as follows: 1. Plaintiff's motion for final summary Judgment against defendants Intercontinental Investment Bankers, Inc., Caroline Weiss and Jack J. Weiss 1s hereby GRANTED on all counts, as the Court finds there are no genuine issues as to any material fact and that plaintiff is entitled to a final judgment as a matter of law. On July 10, 1991, the Court granted plaintiff's motion for VI REM( I5878PG3828 NIIR InMMMeg E4nW1 �., ,...I.,yiv f J. REPR000CrIUR7. kb- /S {5sj COURTHOUSE TOWER GATE MICRDE LLED LOCATION 14 CAL 'A OPERA DEPUTY CLERK. CIRCUIT COURT CASE NUMBER! 89-45306 CA (74) summary Judgment on defendants' affirmative defenses and .;ountercl.alms. 2. The Court further finds that plaintiff's mortgage lien, security agreement., and U.C.C. financing statement are superior in dignity and priority to the liens and interests of all the defendants In this action In the mortgaged property and In the property covered by the security agreement and U.C.C. financing statement. 3. Moreover, the Court adopts and approves the report of the General Master dated April 24, 1992 and, pursuant to the dic- tates of Florida Patient's Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985), finds that the reasonable number of attorney's hours that were spent In connection with this cause for those matters for which the Court finds plaintiff entitled to recover its fees (through the time of its application) is 773.046 hours at the rate of $151.63 per hour for a total attorney's fee of $117,217.00; plaintiff's motion for award of attorneys' fees and costs Is GRANTED against defendants Intercontinental Investment Bankers, Inc., Caroline Weise, and Jack J. Weise for that amount. In addition, the Court also adopts and approves the General Mae- ter'n report and grants plaintiff's motion for award of costs (through the time of its application) against Intercontinental Investment Bankers, Inc., Caroline Weiss and Jack J. Weiss in the sum of $13,958.13. —2— Ilr Rrrax I5878PG3829 (cn,. (i,8771 1 r. •t Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk PM1 r -/f95 COURTHOUSE TOWER ATE CROf LMED LOCATION CAM •A OPERA DEPUTY CLERK, CIRCUIT COURT CASE NUMBER' 89-45306 CA (24) 4. The Court has jurisdiction over the subject matter hereof and the parties hereto, and the equities herein are with the plaintiff. 5. The following sums are due tho plaintiff jointly and severally from defondantn Intercontinental Investment Bankers, Inc., Caroline Weiss, and Jack J. Weiss on the promissory note, guaranties and mortgage and security agreement sued upon and foreclosed herein (all of which original documents have been pro- duced to the Court): (a) Unpaid principal balance on the mortgage and note 61,600,000.00 (b) Real property taxes advanced by plaintiff 39,092.04 (c) Interest on unpaid principal balance and advance for prop- erty taxes through January 7, 1992 801,495.45 (d) Interest at 12% per annum on total amount of original final judgment of foreclosure through April 13, 1993 385,532.64 (e) Attorney's fees and coats 131,175.13 TOTAL 62,957,295.26 The total sum shall hear interest at the rate of 12% per annum. 6. Plaintiff holds a lien for the total sum specified in paragraph No. 5, above, superior in dignity to any right, title, interest, estate, or claim of the defendants herein, upon the mortgaged property herein foreclosed, situated In Dade County, Florida, and described on Exhibit A hereto. -3- C'f Rlc E 15878 Pc3830 [cm+6487s1 M1 r- Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk • -1 um rwmrr 1" .. VT • eunnmrttnue spy /,j {5's3 COURTHOUSE TOWER LATE MICROFILMED LOCATION CASF. NUMBER: 89-45306 CA (24) 7. It the Lotn1 sum with Interest of Lhe rate described in paragraph 5 above and all costs accrued subsequent to this Judg- ment are not paid, the clerk oI this court shall sell the prop- erty at. public sale un /1.14 1993, between 11:00 a.m. and 2t00 p.m. to the highest bidder for cash, except as prescribed in paragraph 8 below, at 140 West Flagler Street, Boom 900 In Miami, Dade County, Florida, in accordance with section 45.031, Florida Statutes, except that the deposit required of the successful high kidder at the foreclosure sale pursuant to Florida Statute 45.031(2) shall be increased to the sum of twenty-five thousand dollars ($25,000) to be pnid In cash or cashier's check drawn on United States banks. 0. Plaintiff shall advance all subsequent costs of this action and shall be reimbursed for them by the clerk if the plaintiff 1s nut the purchaser of the property for sale. If plaintiff is the purchaser, the clerk shall credit plaintiff's bid with the total sum with interest and costa accruing subse- quent to this Judgment, or such part of lt, as to necessary to pay the bid In full. 9. On filing the certificate of title the clerk shall die- Tribute the proceeds of the sale, so far ne they are sufficient by paying: first, all of plaintiff's costs; second, documentary stamps affixed to the certificate; third, plaintiff's attorneys' fees; fourth, the total sum due plaintiff, less the items paid, plus interest at the rate prescribed in paragraph 5 above from -4- CrF [i;C 1% I5878Pc3831 /rm.6•187s/ ..---414004141160111101101 Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk • • • 1111M FLp1i TIMMIf.M.M m01c k. 4p/- / /5f: COURTHOUSE TOWER DATE MICROFILMED LOCATION ,.. CASE. NUMBER: 09-45306 CA (24) this date to the date of the Pale; and by retaining any remaining amount pending the further nude:- of this Court.. 10. On filing the certificate of title defendants and all persons claiming under or ngnloat them since the filing of the notice of Lis pe_ndeno shall be foreclosed of all estate or claim in the property and the purchaser al the sale shall be let into possession of the property. 11. This Court does hereby retain and reserve jurisdiction of the above -entitled cause for the purpose of making and enter- ing such further orders, judgments, or decrees as may be neces- sary and appropriate, including, without limitation, writs of possession, deficiency judgments, and awarding further attorneys' fees and costs. NONE AND ORDERED In Chambers at. the Dade County Courthouse, Miami, Florida, lids /3 day of Apr11, 1993. Copies furnished to: Carlos M. Sires, Esq. James F. Gllbrlde, Esq. Shepard Lane, Esq. CIRCUIT COURT JUD £OCE THOMAS S. (11M) WI: SCN, JR. -5- e'f AEC ell I5878PG3832 frrnma4A7.s1 Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk • I1W. 11f11111110 MCDR • isoenurt r.v,e ilil�t nal�a inlius`tI.» /,S /5f5 COURTHOUSE TOWER ATE MICROFILMED LOCATION I.Ia:AI. Ilti ;t:1111'TIU11 That fart of lra,:t No,Z of "PLAT ()I- IIIAI PUP.Ilo:1 in IIli SOUTHEAST 1/4 OF SECTION 31, 'ft)NN';IIII' 53 :;t)I1iit, PANi;t. 41 EAST, LYING SOUIII Atil) :;ou.ruA:;T ul 1111: TAIIIAN( :AIIAI.," according to the flat thereof, as recorded in flat IInn1, 21), at Page IU, ''l th.r Pot, li0: Pecord, .1I I)a,lr r.onntq, Fluri.da; lyin); and be tog in the City o f lliami . Bade County, Florida; and being more parli :ul,trly de•.cr ibed as follow;: Commence at a cuncrcle Monument set in the pavement of Northwest 7th Street at the Southeast comer of said Section 31; thence tun N 01°38' 30" li a lon); the r:ast Line of said Section 31, the same line being the Bast line of said TractNo. Z, and also zoned centerline of Northwest 47th Avenue for a distance of 40.02 feet; thence West along a line being 40.00 feet North of and parallel with the South line of said Section 31, fur a distance of 1510.63 feet; thence N 01°38'3U" E for a disttncv of 245.10 feet to the POINT OF BEGINNING of the parcel of land hereinafter described; thence West for a distance of 593.67 feet to a point; thence 11 01°38'30" l:, parallel with the East line of said Tract\I1u. Z fur a distance of 209.40 feet to a point on a curve of the South right-of- way line of TAId1At•11 CANAL as platted; thence thjrthcast- erly along the arc of said curve to the left, being con- cave to the Northwest and having a radius of 1395.0)1 feet and a central angle of 29°56141" for an arc distance of 729.11 feet to a point of intersection with a line 1510.63feet West of and parallel with the East line of Said Tract Nu. Z; thence S U1°38'30" 11 for a distance of G01.h1 feet to the Point of Beginning. EXIt181T "A" TO culW;Cro-;u AMENDED FINAL JUDGMENT OF rulu:cL's°k;: CA61i trlJltI)ER: UU-45700 CA (24) i f 6;C2K I5878rc3333 Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk rmwe IM .• • . • •r..nusettnu. •