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Home My WebLink AboutSubmittal - Richard Alayon - Corrected Amended Final Judgement of Foreclosure'_^S.';» 11EPRWUCT IONI. 1 r COURTHOUSE TOWER ATE YI CRDF ltAEa LOCATION FORECLOSURE DOUTY CLERK. CIRCUIT CDURT IN THE CIRCUIT COURT OF THE LITH JDOICIAL CIRCUIT OF FLOR- IDA IN AND FOR DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVTSION CASE. NUMDER: 09-45306 CA (24) FIRST UNION NATIONAL RANK OF FLORIDA, a national banking a association, Plalntlff, VB. FjREC0']1E-.-D AM INTERCONTINENTAL INVESTMENT BANK -ERS, INC., a Florida corporatlon,CAROLINE WE.ISS and JACK J. WE,ISS, Defendants. CORRECTED AMENDED FINAL JUDGMENT OF FORECLOSURE THIS CAUSE having come before the Court nt a hearing on December 10, 1991, upon plaintiff'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 I.s 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 Is 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 Elf REC e! I5878PG3820 -B nA- REPPR000C 11087. - II /S /i5i COURTHOUSE TOWER ATEH MICROFILMED LOCATION CAL A OPERAMR DEPUTY CIERR, CIRCUIT COURT CASE NIIMBERI 89-45306 CA (7.4) summnry Judgment on defendnnts' nfflrmnLIvs defenses and -;ounLeruInims. 7.. The Cuurt further finds ChaL plalnLlff's mortgage IIen, socurit.y agreement, and U.C.C. financing statement are superlor In dlgnity and priority to the liens and interests of all the defendants In Lhis action In the mortgaged property and In the property covered by the security agreement and U.C.C. financing stntement. 3. Moreover, the Court adopts and approves the report of the General Master dated April 24, 1992 and, pursuant to Lhe dic- LaLes of Florida Patient's Compensation Fund v. Rowe, 477. So.7.d 1145 (Fla. 1985), finds that the reasonable number of attorney's hours that weie 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 , 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 ngnlnst defendnnts intercontinental Investment Bankers, Inc., Caroline Weiss, and Jack J. Weise for that amount. In addition, the Court also adopts and approves Lhe General Mas- ter's report and grants plaintiff's motion for award of costs (through the time of its application) against Intercontinental Investment Bankers, Inc., Carollne Weiss and Jack J. Weiss in the sum of $13,958.13. -2- CIF REC21 [c-me/487s1 15878PG3829 • COURTHOUSE TONER ATE UICNOf L4Ea LOCATION CAA 0►ENA R . pE►UTY CLLERK, CIRCUIT COUNT CASE NUMRERi 89-45306 CA (24) 4. The Court has juri.sd1.ctIan over Lhe subjecL maLter hereof and Lhe parties hereto, and Lhe equities herein are wlLh Ute plaintiff. 5. The following sums are due Lho plalnLiff jointly and severally from defendants Intercontinental Investment Hankers, 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 $1,600,000.00 (b) Real property taxes advanced by plaintiff 39,092.04 (c) Interest on unpaid principal bnl.nnce and advance for prop- erty taxes through January 7, 1992 801,495.45 (d) interest at 128 per annum on total amount of original final judgment of foreclosure through April 13, 1993 305,532..64 (e) Attorney's fees and coats 131,175.13 9'0'fAL $2,957,295.26 The total sum shall bear Interest at the rate of 17.8 per annum. 6. Plaintiff holds a lien for the total sum specified in paragraph No. 5, above, superior in dignity to any right, title, InLereaL, estate, or claim of the defendanLs herein, upon the mortgaged property herein foreclosed, situated In Dade County, Florida, and described on Exhibit A hereto. -3- Vf rtic fr fcins6497al 15878PG3630 Submitted into the public Li1r for item(s) PZ.8 111 record on 10/25/18, City Clerk l ! ' AQk IS - r COURTHOUSE TOWER ISATE MICROFILMED LOCATION DEPUTY CLERK, CIRCUIT COURT CASK. NUMBER! B9-45306 CA (7.4) 7. It Lhe Lotnl sum with Interest at Lhe rate described in pnrngrnph r, nhovP and nlI costs nrr•ntArl suhsPrptPnt t ii this jndy- ment are not paid, the clerk oI Lhl.s court shall anII Llw prop- r.Iy a1. public snip on 1993, between 11:00 a.m. and 2100 p.m. to the highest bidder for cash, except as prescribed in Paragraph 0 below, at 140 West Flagler Street, Room 900 In Miami, Dade County, Fiorida, in accordance with section 45.031, Florida Statutes, except that the deposit required of the successful high bidder at the foreclosure sale pursuant to Florida Statute 45.1131(2) shall. lie Increased to the sum of twenty-five thousand rlollnrs ($7.5,000) to be pnld In r_nsh nr r.nshler's check drawn on Unitod States banks. 0. Plaintiff shall advance ail subsequent costs of this action and shall be reimbursed for them by the clerk If the plaintiff is not 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 coats accruing subse- quent to this judgment, or such part of It, as is necessary to pay the bid In full. 9. on flll.ng the cer.tLficate of title the clerk shall die- tribute the proceeds of the sale, so far as they are sufficient by paying: first, all of plaintiff's costs; second, documentary stamps affLxed to the certificate; thlyd, plaintiff's attorneys' fees; fourth, the total sum due plaintiff, less the Items paid, plus LnteresL at the rate prescribed In paragraph 5 above from -4- 9[c 21 j(-nm6487s/ 15878PG383I Submitted into the public record for item(s) PZ -8 on 10/25/18 City Clerk • • iiL� S5 Zy-y COURTHOUSE TOWER �ROFILMID LOCATION CAM A OPERA R DEPUTY CLERK, CIRCUIT COURT CASE. NUMRF.Rs 09-45306 CA (24) this slate to the date of the sale; and by retal.nl-ng any remalninq amount. Lending the further order of this Court. 10. on filing the Cel-tlficate of title rE-�fnntlantn nn,) all LPrs„nn clniming under or ngnlnat i.hem sinr;e the filing of the notice of Lis pendens shall be foreclosed of all estate or claim [n the property and the purchaser at the sale shall be let Lnto possession of the property. 11. Thle 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, def1cfency judgments, and awarding further attorneys' fees and costs. HONE AND ORDERED In ChnmbPrs nt. I.he Dade County Coll r.thouse, Miami, Florida, this 43 tiny of April, 1993. 4=44-4-- — CIRCUIT COURT JUD Copies furnished to: ��trocE tnorins S. (u,ra) wr scrl, 11l. Carlos M. Sires, Esq. James F. Gilbride, Esq. Shepard Lane, Esq. -5- e°f AfceK frrn.,6487.+l I5878PG3832 Submitted into the public record for item(s) PZ.8 on 10/25/18, City Clerk fL �'t� �,53?�fiity tr, ...�{yt � :iLVIi�t. .. .! •Y 1•.,} -.� ., _ away —RInkili- 4"4 ft�' r /S �Zsyi COURTHOUSE TOWER A7E YICROPILMFD LOCATION I.Ia:AI. Illi ;CRII''I'IUII DEPUTY CLERK, CIRCUIT COURT That fart of Tract No, 2 of "PLAI' UI IIIA( I'UR.I IIIN Vi Illi SouTNEAST 1/4 O1: SECTION 31, 'fl)NN51111' 53 ';111)III, RANtA, •11 EAST, LYING SOUTH Atli) :;01J'['llLA';T U1' '1111: ]AINAN1 I:AHAI.," according to th • Plat thereof, as rernrde•d in flat 11111), 211, at fare IU, ,l th'! Public Ib:cnrd, tl Dad-- t:onnty, Florida; lying and he LlIg in the City of Miami, Dad - County, Florida; incl being more particularly de•I-iihod as follow;: Commence at a :uncreLe monument net in the pavem•nt of Northwest 7th Street at the Southeast corner of said Section 31; thence run N U1038'3111" E alung the East Li",-- of incof said Section 31, the same line being the Bast line of said Tract no, Z, and also zoned centerline of Nuethwest 47th Avenue for a distance of 4U,UZ feet; thence Nest 210111 a line being 40.00 feet North of and parallel with the South line of said Section 31, fur a distauc" of 1510.63 feet; thence N U1038'3U" E for a distance 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 N 01038'30" E, parallel with the East line of said Tract,Nu. Z fur a distance of 209.40 feet to a point on a curve of the South right-uf- way line of T•Af•11AMI CANAL as platted; thence A rtheast- erly along the arc of said curve to the left, being cun- eave to the Northwest and having, a radius of 1395.UB feet and a central angle of 29056'41" for an arc distance of 729.11 feet to a point of intersection with a line 1510.63 feet West of and parallel with the East line of Said Tract No. Z; thence S U1038'3U" w fur a distance of 6U1.61 feet to the Point of Beginning. EXIIIBIT "A" To Culuu;cIELI MMMEU I VIAL JUUGMEMr UP runF:CLnsnit;: CA6L III)MBER: L19-45700 CA (24) H R; @K 158780833 Submitted into the public record for item(s) PZ.8 on IPLZ18 City Clerk - '1! ....,warn. is • •