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Crystal I LLC Foreclosure File
IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR OKEECHOBEE COUNTY, FLORIDA. CASE NO. 2017 -CA -218 CITY OF OKEECHOBEE, FLORIDA Plaintiff Vs. CRYSTAL I LLC Defendant / PROOF OF CLAIM STATE OF FLORIDA COUNTY OF OKEECHOBEE BEFORE ME, the undersigned authority, personally appeared FRED STERLING, who is ( ) personally known to me; or ( ) who offered the following identification; ; and being first duly sworn according to law, states the following is true and correct based upon records of the City of Okeechobee: 1 I am FRED STERLING, and I am employed by the City of Okeechobee, Florida as a certified code enforcement officer pursuant to F.S. ch. 162, and have personal knowledge of the facts alleged herein. 2. THAT this defendant was found to be in violation of city codes after due notice and code enforcement hearing. I presented evidence at the hearing of the nature of the code violation and applicable city codes, and the code enforcement board entered its order pursuant to such evidence. 3. THAT the code enforcement hearing was held on April 14, 2015, at which time the board found a violation, and ordered a daily fine of $15.00 per day to commence after a seven day period to correct the violations. No corrections were made, and a lien in favor of plaintiff was entered in the public records at OR Book 761, Page 72, public records Okeechobee county, Florida, on June 5, 2015. 4. THAT from commencement of the daily fine on April 22, 2015, through the date of this affidavit, the accrued fine of $15.00 per day totals the sum of $ which is due and owing to plaintiff. FURTHER AFFIANT SAYETH NOT. FRED STERLING SWORN TO AND SUBSCRIBED before me, the undersigned authority, this day of November, 2019. NOTARY PUBLIC State of Florida My commission expires: Printed notary name CITY OF OKEECHOBEE, FLORIDA Plaintiff Vs. CRYSTAL I LLC Defendant IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR OKEECHOBEE COUNTY, FLORIDA. CASE NO. 2017 -CA -218 PROOF OF CLAIM STATE OF FLORIDA COUNTY OF OKEECHOBEE BEFORE ME, the undersigned authority, personally appeared FRED STERLING, who is ( ) personally known to me; or ( ) who offered the following identification; ; and being first duly sworn according to law, states the following is true and correct based upon records of the City of Okeechobee: 1. I am FRED STERLING, and I am employed by the City of Okeechobee, Florida as a certified code enforcement officer pursuant to F.S. ch . 162, and have personal knowledge of the facts alleged herein. 2 THAT this defendant was found to be in violation of city codes after due notice and code enforcement hearing. I presented evidence at the hearing of the nature of the code violation and applicable city codes, and the code enforcement board entered its order pursuant to such evidence. 3. THAT the code enforcement hearing was held on April 14, 2015, at which time the board found a violation, and ordered a daily fine of $15.00 per day to commence after a seven day period to correct the violations. No corrections were made, and a lien in favor of plaintiff was entered in the public records at OR Book 761, Page 72, public records Okeechobee county, Florida, on June 5, 2015. MN 4. THAT from commencement of the daily fine on. , - -2, 015, through the date of this affidavit, the accrued fine of 15.00 per day totals the sum of $ a�-) Q55.00 which is due and owing to plaintiff. FURTHER AFFIANT SAYETH NOT. SWORN TO AND SUBSCRIBED before me, the undersigned authority, this `,'day of November, 2019. � Notary Public State of Florida Melissa A Close lo;? My Commission GG 350269 esti Expires 06/3012023 r Q Ck4u._ NOTARY PUBLIC State of Florida My commission expires: Printed notary name City of Okeechobee Code enforcement July 19, 2016 Crystal 1 LLC 18305 Biscayne Blvd. Suite #400 Aventura, FL 33160 Re: 1002 SW 6th Avenue, Okeechobee, FL Case #15-010 Dear Property Owner: This letter is in reference to the Code Enforcement Board Order dated April 14, 2015 notifying you a fifteen dollar per day fine would be imposed beginning May 5, 2015 against the property listed above for a mowing/cleaning violation. As of Septmeber 2015 the fine had accrued for over ninety (90) days. According to Florida Statutes Chapter 162 the City possesses the ability to file a foreclosure action against the property to collect the fine. This action could result in a financial burden on you, in addition to the fines. At this time no foreclosure action has been taken against the property. However, you should contact me immediately to let us know your intentions. At the Code Enforcement Board meeting scheduled for August 9, 2016 the Code Board will decide whether to recommend foreclosure. Please contact me at 863-357-1971 to discuss this matter. Sincerely, ee red Sterling Code Enforcement Officer (863) 357-1971 _•. ____.._ - r,,. P ,, .I,PP Flnrirla 14974-2932 • (863) 357-1971 • Fax: (863) 763-4489 otel)- Re) I'm' 0-0A- f1J1 o trAk oo_ey)- RESIDENTIAL FORECLOSURE PROCEDURES Updated 07/24/2018 NINETEENTH JUDICIAL JUDICIAL CIRCUIT COURT OF FLORIDA fv/ionel (c) ( 1' gb 22,2'� ciy.0 "C,(YA--`• tir:/-YQ>6)- 3 INDIAN RIVER COUNTY CIRCUIT JUDGE PAUL B. KANAREK'S RESIDENTIAL FORECLOSURE PROCEDURES 1. UNIFORM MOTION CALENDAR (UMC) (INDIAN RIVER COUNTY) A UMC for Residential Mortgage Foreclosures is provided for short (10 minutes or less) non -evidentiary motions and uncontested motions. Types of motions suitable for hearing on the Uniform Motion Calendar include a simple motion to strike affirmative defenses, to amend pleadings, brief discovery motions, protective orders, etc. The court will not hear motions for summary judgement or any motion which requires the presentation of evidence at UMC. All UMC hearings must be set using our online scheduling. YOU MUST FILE YOUR MOTION BEFORE SCHEDULING A HEARING. Please refer to Judge Kanarek's calendar posted at https://slccjis.stlucieco.gov/attorney_calendar/ to confirm and schedule available dates. You must register to obtain your User ID and Password on the site. When registering on this site please include your email address. Hearings are scheduled as follows: 1. Login 2. Hover over Calendar Assignments and Click on Case Assign. 3. Using Dropdown Menus SELECT Indian River for County and Judge Kanarek, Click on submit. 4. Click on date 5. Click on ASSIGN and chose your time under FORECLUSURE UMC. Normally UMC will be heard on a "first come, first served" basis. You may appear at UMC hearings either in person or by using Court Call at 888-882-6878 * 870. Arrangements with Court Call must be made at least 5 business days prior to the scheduled hearing. After proper notice, failure of any party to appear at the hearing shall not prevent a party from proceeding with the matter when the case is called. If the party noticing the matter for hearing chooses to wait for the absent party, the matter may be passed over until the end of the calendar. If the judge runs out of time on UMC, any remaining hearings will need to be rescheduled. Residential Foreclosure Procedures 19" Judicial Circuit Court Page 1 of 29 Copies of all hearing notices, relevant motions, and a proposed generic order, granting/denying in Word format must be sent by e-mail to the court's Judicial Assistant at ShepkeG@circuit19.org immediately after scheduling the hearing online or no later than five (5) business days prior to the hearing. Any case law or statutes to be relied upon shall be submitted to the Court with the motion with relevant portions highlighted and may be submitted by e-mail with the motion. All Notices of Hearing shall contain a certificate of good faith signed by the lawyer who set the hearing in substantially the following form: I HEREBY CERTIFY that I have personally contacted opposing counsel or pro se litigant in an effort to resolve the issue(s), however, the matter cannot be resolved and a hearing is necessary. Please note that certifications containing language to the effect that an effort will be made to resolve the issue in the future is NOT sufficient. If personal communication is attempted but unsuccessful, written communication to opposing counsel will suffice. Failure to comply with this requirement may result in cancellation of the hearing by the Court. If it is determined that the certification is not true, other sanctions may be imposed, including a referral to the Florida Bar. All proposed orders must be in Word format and shall be submitted to Judge Kanarek's Judicial Assistant (ShepkeG@a,circuit19.org) at least five (5) working days before any hearing. The proposed order must describe in the caption the subject and ruling of the court, i.e. "Order Granting Motion for Partial Summary Judgment on Liability" See Fla.R.Civ.P. 1.100(c)(a). The proposed order shall contain the name and e-mail service address for all parties. If any party does not have an email service address, that parties' physical service address shall be contained in the proposed order and the moving party must provide the court with a proposed conformed copies and self-addressed stamped envelopes for service. All envelopes submitted for Indian River Residential Foreclosure cases should have the following return address: The Honorable Paul B. Kanarek 2000 16th Avenue, Suite 375 Vero Beach, FL 32960 Residential Foreclosure Procedures 19" Judicial Circuit Court Page 2 of 29 2. SPECIAL SET MOTION HEARINGS (INCLUDING MOTIONS FOR SUMMARY JUDGMENT) (INDIAN RIVER COUNTY) Hearings in residential mortgage foreclosure cases shall not be heard on civil hearing dates and can only be set on residential foreclosure dates. YOU MUST APPEAR IN PERSON FOR ALL SPECIAL SET MOTION HEARINGS AND FOR ANY EVIDENTIARY HEARING. All Special set hearings must be set using our online scheduling. YOU MUST FILE YOUR MOTION BEFORE SCHEDULING A HEARING. Please refer to Judge Kanarek's calendar posted at https://slccjis.stlucieco.gov/attomey__calendar/ to confirm and schedule available dates. You must register to obtain your User ID and Password on the site. When registering on this site please include your email address. Hearings are scheduled as follows: 1. Login 2. Hover over Calendar Assignments and Click on Case Assign. 3. Using Dropdown Menus SELECT Indian River for County and Judge Kanarek, Click on submit. 4. Click on date 5. Click on ASSIGN and chose your time under FORECLOSURE UMC. Copies of all hearing notices, relevant motions, and a proposed generic order, granting/denying in Word format must be sent by e-mail to the court's Judicial Assistant at ShepkeG@circuit19.org immediately after scheduling the hearing online or no later than five (5) business days prior to the hearing. Any case law or statutes to be relied upon shall be submitted to the Court with the motion with relevant portions highlighted and may be submitted by e-mail with the motion. All Notices of Hearing shall contain a certificate of good faith signed by the lawyer who set the hearing in substantially the following form: I HEREBY CERTIFY that I have personally contacted opposing counsel or pro se litigant in an effort to resolve the issue(s), however, the matter cannot be resolved and a hearing is necessary. Please note that certifications containing language to the effect that an effort will be made to resolve the issue in the future is NOT sufficient. If personal communication is attempted but unsuccessful, written communication to opposing counsel will suffice. Failure to comply with this requirement may result in cancellation of the hearing by the Court. If it is Residential Foreclosure Procedures 19"Judicial Circuit Court Page 3 of 29 determined that the certification is not true, other sanctions may be imposed, including a referral to the Florida Bar. All proposed orders must be in Word format and shall be submitted to Judge Kanarek's Judicial Assistant (ShepkeG@a,circuit19.org) at least five (5) working days before any hearing. The proposed order must describe in the caption the subject and ruling of the court, i.e. "Order Granting Motion for Partial Summary Judgment on Liability" See Fla.R.Civ.P. 1.100(c)(a). The proposed order shall contain the name and e-mail service address for all parties. If any party does not have an email service address, that parties' physical service address shall be contained in the proposed order and the moving party must provide the court with a proposed conformed copies and self-addressed stamped envelopes for service. All envelopes submitted for Indian River Residential Foreclosure cases should have the following return address: The Honorable Paul B. Kanarek 200016th Avenue, Suite 375 Vero Beach, FL 32960 3. PROCEDURES FOR SUMMARY JUDGMENTS IN RESIDENTIAL FORECLOSURE CASES (INDIAN RIVER COUNTY) At the time you file your Motion for Summary Judgment, please file the ORIGINAL PROMISSORY AND MORTGAGE with the Clerk of Court; otherwise, you must bring them to the hearing/trial. DO NOT send the originals to the Judges office. Your Summary Judgment Package (Please see attached) must be received by Judge Kanarek at least 10 business days prior to the scheduled hearing. Please mail all packages to Judge Paul B. Kanarek, 2000 16th Avenue, Suite 375, Vero Beach, FL 32960. YOU MUST ALSO EMAIL the proposed Final Judgment in Word format to IRCJudge2ncArcanIlt19.orrg at least 10 business days prior to the hearing/trial. PLEASE SEE Administrative Order 2015-07 for the latest form of Final Judgment required in the 19th Circuit. This form is available online at www.circuitl9.org. Residential Foreclosure Procedures 19'' Judicial Circuit Court Page 4 of 29 19T11 JUDICIAL CIRCUIT REQUIRED SUMMARY JUDGMENT PACKET CONTENTS FOR INDIAN RIVER RESIDENTIAL FORECLOSURE CASES Summary judgment packets submitted to the court must contain the following as a minimum for the case to proceed to a hearing: COPIES ONLY (Originals should be sent to Clerk of Court for filing) • Motion for Summary Judgment and Notice of Hearing/Re-Notice of Hearing • First page of complaint showing style of the case and Clerk's date of filing stamp and Last page of complaint showing verification (if filed after 2/10) • All returns of service indicating service of summons on defendants (returns showing no service should not be submitted) • Notice of dismissal/dropping party for any defendant served • Any documents filed in the court file regarding status of any bankruptcy proceeding for any defendant • Promissory note sued upon (showing any endorsements) • Allonge or recorded assignments • Affidavit stating plaintiff was the owner and holder of the note at the time of filing and that the servicer has full authority to foreclose (with POA or pooling/servicing agreement) • Affidavit of indebtedness • Affidavit regarding attorney's fees by plaintiff's counsel • Affidavit regarding attorney's fees by supporting expert • Affidavit of costs • Notice of filing regarding original note, mortgage, assignments or allonges ORIGINALS: • Proposed Final Judgment — This must also be emailed in Word format to IRCJudge2 @ c ircuit 19. org. • Proposed Certificate of Disbursements • Proposed Certificate of Title along with sufficient addressed stamped envelopes for the Clerk to send out the Certificate of Disbursements and Certificate of Title • Final Disposition Form (properly filled out) Residential Foreclosure Procedures f 9" Judicial Circuit Court Page 5 of 29 All orders must be accompanied by a sufficient number of copies for conforming and stamped addressed envelopes with sufficient postage for distribution to all parties who have not filed Notice of E -Mail Address. All Envelopes submitted for Indian River County for foreclosure cases must have the following return address: The Honorable Paul B. Kanarek, 2000 16th Avenue, Suite 375, Vero Beach, FL 32960 Please submit the packets to: The Honorable Paul B. Kanarek 2000 16th Avenue, Suite 375 Vero Beach, FL 32960 IF WE DO NOT HAVE YOUR COMPLETE FINAL JUDGMENT PACKAGE AT LEAST 10 BUSINESS DAYS PRIOR TO THE HEARING, YOUR SUMMARY JUDGMENT HEARING MAY NOT BE HELD AND YOU MAY BE REQUIRED TO RESCHEDULE. Residential Foreclosure Procedures 19' Judicial Circuit Cowl Page 6 of 29 4. CANCELLING HEARINGS (INDIAN RIVER COUNTY) Hearings which have been scheduled online (UMC) must be cancelled on the online calendar no later than 3:00 pm the day before the scheduled hearing. If the hearing is cancelled after 3:00 pm, the Notice of Cancellation must be emailed to IRCJudge2@circuit19.org AND ShepkeG@circuit19.org before the scheduled hearing time. If the hearing is not cancelled on the online calendar and/or we do not receive a Notice of Cancellation, the attorney who set the hearing will be considered a "no show" and online schedule privileges may be revoked as a result. Special set hearings may not be cancelled less than ten (10) days prior to the scheduled hearing date, without permission or order of the Court, unless the scheduled matter has been completely resolved (i.e. requiring no further hearing time). 5. MOTIONS TO CANCEL/RESCHEDULE SALES OR POSTPONE WRIT OF POSSESSION (INDIAN RIVER COUNTY) All motions to cancel sale (which must include the reason for cancellation, any supporting documentation, and the number of times the sale has been cancelled) and a proposed order in Word format must be emailed to ShepkeG@circuit19.org at least 5 business days before the sale date. A sale may be cancelled ex parte with evidence of permanent modification (or payments made under temporary modification), short sale or bankruptcy. Sales that have been cancelled on more than one occasion will not be scheduled without a hearing unless good cause is shown. Failure to publish, pay sale fees or loss mitigation after Final Judgment are not good cause and will require a hearing accompanied with the consent or acknowledgement of the Plaintiff to reset the sale, along with the appropriate Clerk's fees. If the judge requires the matter to be set for hearing, it should be set as directed by the Court. If a hearing is scheduled, attorneys may appear by Court Call if arrangements can be made. 6. FORECLOSURE TRIALS (INDIAN RIVER COUNTY) Foreclosure trials will be scheduled by the Court either on its own motion or upon the filing of a Notice for Trial pursuant to Rule 1.440, Florida Rules of Civil Procedure. Residential Foreclosure Procedures 19°i Judicial Circuit Court Page 7 of 29 7. MOTIONS FOR SUBSTITUTION OF COUNSEL (INDIAN RIVER COUNTY) The court may grant motions for substitution of counsel without a hearing if a valid stipulation is signed by the lawyers, and a valid written consent of the parties are filed. See Rule 2.505, Florida Rules of Judicial Administration. Copies of the motion, stipulation, client consent and a proposed order in Word format should be emailed to Judge Kanarek's Judicial Assistant at ShepkeG@circuit19.org. The moving party's attorney shall be responsible to serve all parties not served via the E -Portal and e -file a certificate of service. Residential Foreclosure Procedures 19"' Judicial Circuit Court Page 8 of 29 OKEECHOBEE COUNTY CIRCUIT JUDGE LAURIE E. BUCHANAN'S RESIDENTIAL FORECLOSURE PROCEDURES RESIDENTIAL FORECLOSURE MOTIONS REQUIRING 10 MINUTES OR LESS MAY BE SET ON REGULAR CIVIL UMC. THIS INCLUDES MOTIONS FOR SUMMARY JUDGMENT. ALL HEARINGS, INCLUDING UMC HEARINGS, MUST BE SCHEDULED USING THE ONLINE SCHEDULING CALENDAR. If you have an appropriate motion that should be considered on an ex parte basis, you can mail the motion and proposed order, along with appropriate copies to be conformed and self-addressed stamped envelopes for mailing, to Judge Buchanan. If you have an emergency in a residential foreclosure case, please e-mail a copy of the motion to wykowskia a,circuit19. org for review. ALL HEARINGS THAT REQURE 15 MINUTES OR MORE MUST ALSO BE SCHEDULED using the online calendaring at https://slcclis.stlucieco.gov/attorney calendar. You must register to obtain your user id and password on the site. When registering on this site please include your e-mail address. At the time you file your Motion for Summary Judgment, please file the ORIGINAL PROMISSORY NOTE AND MORTGAGE with the Clerk (however, if it is less than 20 days, you must bring them to the hearing). DO NOT SEND THE ORIGINALS TO THE JUDGE'S OFFICE. YOU MUST use the Nineteenth Circuit's approved form for Final Judgment of Mortgage Foreclosure. You may find a copy of this form posted at www.circuitl9.org. The final judgment package, including your proposed final judgment, must be received by Judge Buchanan at least 15 bu-ciness days prior to the scheduled hearing. Please mail all packages to Judge Buchanan at the Okeechobee County Courthouse, 312 N.W. 3rd Street, Courtroom "B", Okeechobee, Florida 34972. Send four (4) sets of addressed, stamped envelopes with your package so that the Court can send out the final judgment and the Clerk will have the certificate of title and disbursements. DO NOT send the original note and mortgage with the package. The proposed final judgment shall contain the location and address where the sale is to take place. When sending out this package you must include a cover memo stating the date of the hearing. S` Residential Foreclosure Procedures 19" Judicial Circuit Court Page 9 of 29 IF WE DO NOT HAVE YOUR COMPLETE FINAL JUDGMENT PACKAGE AT LEAST 15 BUSINESS DAYS PRIOR TO THE HEARING, YOUR SUMMARY JUDGMENT HEARING WILL NOT BE HELD AND YOU WILL BE REQUIRED TO RESCHEDULE. Judge Buchanan's hearings will be held at: Okeechobee County Courthouse, 312 N.W. 3`d Street, Courtroom "B", Okeechobee, Florida 34972. All judicial sales in Okeechobee County will be held in the Jury Assembly Room of the Okeechobee County Courthouse located at 312 N.W. 3rd Street, 2' Floor, Okeechobee, FL 34972. Sales are generally scheduled on Wednesdays at 11:00 A.M. MOTIONS TO CANCEL/RESCHEDULE SALES (OKEECHOBEE COUNTY) All motions to cancel must provide the reason for cancellation as well as a proposed order, with appropriate copies for conforming and self-addressed stamped envelopes for the parties. A sale may be cancelled ex parte by providing evidence of modification or short sale, bankruptcy or with the consent of all parties. Sales that have been cancelled on more than one occasion will not be rescheduled without a hearing unless good cause is shown. Failure to publish, pay sale fees or mitigation after Final Judgment are not good cause and will require a hearing accompanied with the consent or acknowledgement of the Plaintiff to reset the sale and that all loss mitigation efforts have been exhausted, along with the sale fee, new sale package and acknowledgment by the supervising attorney that proper procedures will be followed. MOTIONS FOR SUBSTITUTION OF COUNSEL (OKEECHOBEE COUNTY) The court may grant Motions for substitution of counsel without a hearing if a valid stipulation signed by the attorneys, and a valid written consent of the party are filed. Copies of the motion, stipulation, consent, proposed order and self-addressed/stamped envelopes for mailing should be sent to Judge Buchanan. Residential Foreclosure Procedures 19" Judicial Circuit Court Page 10 of 29 APPEARANCE BY TELEPHONE (OKEECHOBEE COUNTY) Telephone hearings are permitted as long as there is not testimony or evidence. No motion or order is necessary. All telephone appearances must be made through Court Call, a company which provides connection between the parties and the courtroom for a flat fee. When you know the date and time of your hearing you must call Court Call directly at 1- 888-882-6878 to arrange for your appearance by phone. You must schedule your Court Call appearance at least five (5) working days prior to the hearing. Residential Foreclosure Procedures 19" Judicial Circuit Court Page 11 of 29 r u"'lrri(ir --`rl - r -i-- 19TH JUDICIAL CIRCUIT REQUIRED SUMMARY JUDGMENT PACKET CONTENTS FOR OKEECHOBEE RESIDENTIAL FORECLOSURE CASES Summary judgment packets submitted to the court must contain the following as a minimum for the case to proceed to a hearing: COPIES ONLY (Originals should be sent to Clerk of Court for filing): • Motion for Summary Judgment and Notice of Hearing/Re-Notice of Hearing • First page of complaint showing the style of the case and Clerk's date of filing stamp and Last page of complaint showing verification (if filed after 2/10) • All returns of service indicating service of summons on defendants (returns showing no service should not be submitted) • Notice of dismissal/dropping party for any defendant not served • Any documents filed in the court file regarding status of any bankruptcy proceeding for any defendant • Promissory note sued upon (showing any endorsements) • Allonge or recorded assignments • Affidavit stating plaintiff was the owner and holder of the note at the time of filing and that the servicer has full authority to foreclose (with POA or pooling/servicing agreement) • Affidavit of indebtedness • Affidavit regarding attorney's fees by plaintiff's counsel • Affidavit regarding attorney's fees by supporting expert • Affidavit of costs • Notice of Filing regarding original note, mortgage, assignments or allonges ORIGINALS: • Proposed Final Judgment • Proposed Certificate of Disbursements • Proposed Certificate of Title Final Disposition Form (properly filled out) All Envelopes submitted for Okeechobee for foreclosure cases should have the following return address: The Honorable Laurie E. Buchanan 312 NW 3" Street, Courtroom B Okeechobee, FL 34972 Please submit the packets to: The Honorable Laurie E. Buchanan 312 NW 3' Street, Courtroom B Okeechobee, FL 34972 Residential Foreclosure Procedures 19 Judicial Circuit Court Page 12 of 29 MARTIN COUNTY CIRCUIT JUDGE WILLIAM L. ROBY'S RESIDENTIAL FORECLOSURE PROCEDURES FORECLOSURE SUMMARY JUDGMENTS (MARTIN COUNTY) Hearings on motions for Summary Judgments in person or by Court Call will be conducted: August 2, 2018; September 27, 2018; October 31, 2018. ■ 9:00 am — 9:30 am MSJ Hearings All MSJ hearings will be scheduled on-line. These hearings are scheduled on-line at https://slccjis.stlucieco.gov/attorney calendar/ 1. Login 2. Hover over Calendar Assignments and Click on Case Assign. 3. Using the Dropdown Menus SELECT Martin County, and Judge Roby Residential Foreclosure, Click on submit. 4. Click on date. 5. Click on ASSIGN (for 09:00 am, MC FORECLOSURE MSJ Assignment) to enter case details. All residential mortgage foreclosure summary judgment packets for Martin County cases must be received at the address below no later than 10 business days in advance of the hearing. The Honorable William L. Roby C/O Foreclosure Case Manager 250 NW Country Club Dr., Ste. 217 Port St. Lucie, FL 34986 Residential Foreclosure Procedures 19'' Judicial Circuit Court Page 13 of 29 ----ill � If complete packets are not received at least 10 business days in advance of the hearing, then you may be required to reschedule the hearing. These hearings are for Motions for Summary Judgment that require 5 minutes, if more time is needed please schedule your matter for a special set. You must contact Court Call at 888-882-6878 once your matter is scheduled to coordinate for telephonic appearances. Arrangements with Court Call must be made at least 5 business days prior to the scheduled hearing. Residential Foreclosure Procedures 19" Judicial Circuit Court Page 14 of 29 19TH JUDICIAL CIRCUIT REQUIRED SUMMARY JUDGMENT PACKET CONTENTS FOR MARTIN RESIDENTIAL FORECLOSURECASES EFFECTIVE SEPTEMBER 1, 2015: Summary judgment packets submitted to the court must contain the following as a minimum for the case to proceed to a hearing: ORIGINALS: • For Martin County: Proposed Final Judgment (with adding tape showing verification of the amounts) with copies of Final Judgment, 3 sets of addressed and stamped envelopes for all parties. All residential mortgage foreclosure summary judgment packets for Martin County cases must be received at the address below no later than 10 business days in advance of the hearing. If complete packets are not received at least 10 business days in advance of the hearing, then you may be required to reschedule the hearing. All envelopes submitted for Martin County must have this address as a return address: The Honorable William L. Roby 100 East Ocean Boulevard Stuart, FL 34994 Please submit the packets to: The Honorable William L. Roby C/O Foreclosure Case Manager 250 NW Country Club Dr., Ste. 217 Port St. Lucie, FL 34986 Residential Foreclosure Procedures 19'' Judicial Circuit Court Page 15 of 29 UNIFORM MOTION CALENDARS (UMC) HEARINGS REQUIRING NO MORE THAN 5 MINUTES (MARTIN COUNTY) EFFECTIVE JANUARY 2, 2014: Every pleading and other paper of a party represented by an attorney shall be signed by at least one attorney of record in the attorney's individual name — or by a party personally if the party is unrepresented. (Rule 2.515 RJA) Short Hearing/Uniform Motion Calendars will be conducted July 31, 2018; August 1, 28, 29, 2018; September 25, 26, 2018; October 30, 2018. ■ 9:00 am — 09:30 am UMC Hearings These hearings are scheduled on-line at https://sllccjis.stlucieco.gov/attorney calendar/ 1. Login 2. Hover over Calendar Assignments and Click on Case Assign. 3. Using the Dropdown Menus SELECT Martin County, and Judge Roby Residential Foreclosure, Click on submit. 4. Click on date. 5. Click on ASSIGN (for 9:00 am UMC Assignment) to enter case details. You must contact Court Call at 888-882-6878 once your matter is scheduled to coordinate for telephonic appearances. Arrangements with Court Call must be made at least 5 business days prior to the scheduled hearing. A copy of the motion must be sent to the address below, no later than 5 business days prior to the scheduled hearing and the notice of hearing must be served on opposing counsel 5 business days prior to the scheduled hearing. The Honorable William L. Roby 100 East Ocean Boulevard Stuart, FL 34994 Original motions and attachments shall be filed at the clerk's office before setting motions for hearings or mailing those to the Judge's office. Parties may attend by Court Call if arrangements are made through Court Call at least 5 business days prior to the scheduled hearing. Residential Foreclosure Procedures 19'' Judicial Circuit Court Page 16 of 29 IMPORTANT: No evidentiary hearings or summary judgment hearings shall be set on Short Hearing/Uniform Motion Calendars. Counsel who filed the motion must bring a proposed order to the hearing (generic orders granting/denying with at least five lines for additional provisions may be used) along with sufficient copies and self addressed stamped envelopes for all parties. If you want the court file at the hearing you must call the Clerk at least five business days prior to the hearing and request that the file be brought to the hearing. Copies of all hearing notices and relevant motions must be sent by mail, not fax, to the Judge's office five (5) working days prior to the hearing. Any case law or statutes to be relied upon shall be submitted to the Court with the motion with relevant portions highlighted. You must give the opposing party notice of the hearing at least five working days prior to the hearing unless otherwise agreed to by the parties. SPECIAL SETS HEARINGS REQUIRING MORE THAN 5 MINUTES (MARTIN COUNTY) Motions requiring a hearing of more than 5 minutes will be heard from 1:30 pm to 4:00 pm the following dates: July 30, 2018; August 2, 27, 29, 2018; September 24, 27, 2018; October 29, 31, 2018. ■ 1:30 pm — 3:30 pm Special Sets Hearings Special set hearing time over 1 hour may be obtained by contacting the Judge's office. Original motions and attachments shall be filed at the clerk's office before setting motions for hearings or mailing those to the Judge's office. Do not set hearings and then not show up for them. Too often, the court will set aside valuable court time for a special set evidentiary hearing, only to have no one show up for the hearing. No one even has the courtesy to call, or file a notice of cancellation. This hearing time is then unavailable to other litigants. Residential Foreclosure Procedures 19' Judioal Circuit Court Page 17 of 29 Hearings in excess of 30 minutes will not be canceled unless: (1) a hearing is held to continue the hearing for extraordinary and unforeseen grounds; or (2) the movant waives the relief requested in writing; or (3) a stipulation and order is submitted to the court for signature in advance of the hearing that fully resolves the issue(s), or (4) the case is fully resolved by settlement or otherwise, prior to the hearing date. Failure to follow this procedure may result in sanctions, including loss of the privilege to appear by telephone; restrictions on the ability to set and notice hearings without specific court approval; the entry of an order deeming the matter raised in the motion as waived; and for repeat offenders, referral to the Florida Bar. Setting hearings and not showing up for them might implicate Rules Regulating the Florida Bar, Rule 4-1.1, or Rule 4-1.3. APPEARANCE MUST BE IN PERSON FOR ANY EVIDENTIARY HEARING. An order authorizing appearance by phone is necessary for telephonic appearance in hearings scheduled for more than 15 minutes. Every pleading and other paper of a party represented by an attorney shall be signed by at least one attorney of record in the attorney's individual name — or by a party personally if the party is unrepresented. (Rule 2.515 RJA) These hearings are scheduled on-line at: https://slccjis.stlucieco.gov/attorney calendar/ 1. Login 2. Hover over Calendar Assignments and Click on Case Assign. 3. Using the Dropdown Menus SELECT Martin County, and Judge Roby Residential Foreclosure, Click on submit. 4. Click on date. 5. Click on ASSIGN (for 1:30 pm Special Set Assignment) to enter case details. You must contact Court Call at 888-882-6878 once your matter is scheduled to coordinate for telephonic appearances. Arrangements with Court Call must be made at least 5 business days prior to the scheduled hearing. Residential Foreclosure Procedures 19' Judicial Circuit Court Page 18 of 29 EMERGENCY MOTIONS TO CANCEL FORECLOSURE SALE OR POSTPONE WRIT OF POSSESSION (MARTIN COUNTY) Emergency Motions to Cancel Foreclosure Sales or Postpone Writs of Possession may not require a hearing. Any such motion must be accompanied by a sufficient number of orders and envelopes with postage sufficient for mailing. The "Done and Ordered in chambers: section must indicate Stuart, Martin County, FL. If hearing is scheduled, attorneys may attend by Court Call if arrangements are made through Court Call 5 business days prior to the scheduled hearing. If the judge requires the matter to be set for hearing, it should be set during UMC or as otherwise directed by the Foreclosure Judge. IMPORTANT: The timing of the Motion to Cancel Foreclosure Sale must comply with Administrative Order 2015-07 and the notice of hearing must be served on opposing counsel no later than 5 business days prior to the scheduled hearing. TRIALS (MARTIN COUNTY) NOTICES FOR TRIAL: All notices that the case is at issue and ready to be set for trial along with addressed and stamped envelopes shall be sent to: The Honorable William L. Roby 100 East Ocean Boulevard Stuart, FL 34994 APPEAR IN PERSON ONLY: Trials and Case Management Conferences require in person appearance. Residential Foreclosure Procedures 19' Judicial Circuit Court Page 19 of 29 MISCELLANEOUS (MARTIN COUNTY) MOTIONS WITHOUT HEARINGS: Some matters may be addressed by the court through a motion not requiring a hearing. Any such motion must be accompanied by a sufficient number of orders and envelopes with postage sufficient for mailing. The "Done and Ordered in chambers" section must indicate Stuart, Martin County, FL. MOTIONS FOR SUBSTITUTION OF COUNSEL: The court may grant Motions for substitution of counsel without a hearing if a valid stipulation signed by the attorneys, and a valid written consent of the parties is filed. Copies of the motion, stipulation, consent, proposed order and envelopes with postage sufficient for mailing should be sent to the Foreclosure Judge for St. Lucie County cases. ENVELOPES FOR SENDING ORDERS: You must provide a sufficient number of stamped envelopes for sending orders to all parties. The return address on the envelopes must be: The Honorable William L. Roby 100 East Ocean Boulevard Stuart, FL 34994 Residential Foreclosure Procedures 19' Judicial Circuit Court Page 20 of 29 SAINT LUCIE COUNTY CIRCUIT JUDGE ROBERT E. BELANGER'S RESIDENTIAL FORECLOSURE PROCEDURES FORECLOSURE SUMMARY JUDGMENTS (ST. LUCIE COUNTY) Hearings on motions for Summary Judgments in person or by Court Call will be conducted: July 5, 19, 2018; August 16, 30, 2018; September 13, 27, 2018; October 11, 2018. ■ 9:00 am — 11:30 am MSJ Hearings All MSJ hearings will be scheduled on-line. These hearings are scheduled on-line at https://slccjis.stlucieco.gov/attorrney calendar/ 1. Login 2. Hover over Calendar Assignments and Click on Case Assign. 3. Using the Dropdown Menus SELECT St. Lucie County, and Judge Belanger, Click on submit. 4. Click on date. 5. Click on ASSIGN (for 09:00 am, 09:30 am, 10:00, 10:30 am, SLC FORECLOSURE MSJ Assignment) to enter case details. All residential mortgage foreclosure summary judgment packets for St. Lucie County cases must be received at the address below no later than 10 business days in advance of the hearing. The Honorable Robert E. Belanger 250 NW Country Club Dr., Ste. 217 Port St. Lucie, FL 34986 Residential Foreclosure Procedures 19" Judicial Circuit Court <;; u; 21 0 2 If complete packets are not received at least 10 business days in advance of the hearing, then you may be required to reschedule the hearing. These hearings are for Motions for Summary Judgment that require 5 minutes, if more time is needed please schedule your matter for a special set. You must contact Court Call at 888-882-6878 once your matter is scheduled to coordinate for telephonic appearances. Arrangements with Court Call must be made at least 5 business days prior to the scheduled hearing. Residential Foreclosure Procedures 19'' Judicial Circuit Court Page 22 of 29 19TH JUDICIAL CIRCUIT REQUIRED SUMMARY JUDGMENT PACKET CONTENTS FOR ST. LUCIE RESIDENTIAL FORECLOSURECASES EFFECTIVE SEPTEMBER 1, 2015: Summary judgment packets submitted to the court must contain the following as a minimum for the case to proceed to a hearing: ORIGINALS: • For Saint Lucie County: Proposed Final Judgment (with adding tape showing verification of the amounts) with copies of Final Judgment as well as addressed and stamped envelopes for all parties. All residential mortgage foreclosure summary judgment packets for St. Lucie County cases must be received at the address below no later than 10 business days in advance of the hearing. If complete packets are not received at least 10 business days in advance of the hearing, then you may be required to reschedule the hearing. All envelopes submitted for Saint Lucie County must have this address as a return address: The Honorable Robert E. Belanger 250 NW Country Club Dr., Ste. 217 Port St. Lucie, FL 34986 Please submit the packets to: The Honorable Robert E. Belanger 250 NW Country Club Dr., Ste. 217 Port St. Lucie, FL 34986 Residential Foreclosure Procedures 19' Judicial Circuit Court Page 23 of 29 UNIFORM MOTION CALENDARS (UMC) HEARINGS REQUIRING NO MORE THAN 5 MINUTES (ST. LUCIE COUNTY) EFFECTIVE JANUARY 2, 2014: Every pleading and other paper of a party represented by an attorney shall be signed by at least one attorney of record in the attorney's individual name — or by a party personally if the party is unrepresented. (Rule 2.515 RJA) Short Hearing/Uniform Motion Calendars will be conducted July 2, 3, 16, 17, 18, 2018; August 13, 14, 15, 27, 28, 29, 2018; September 11, 12, 24, 25, 26, 2018; October 8, 9, 10, 29, 30, 31, 2018. ■ 9:00 am — 10:00 am UMC Hearings These hearings are scheduled on-line at https://slccjis.stlucieco.gov/attorney calendar/ 1. Login 2. Hover over Calendar Assignments and Click on Case Assign. 3. Using the Dropdown Menus SELECT St. Lucie County, and Judge Belanger, Click on submit. 4. Click on date. 5. Click on ASSIGN (for 9:00 am UMC Assignment) to enter case details. You must contact Court Call at 888-882-6878 once your matter is scheduled to coordinate for telephonic appearances. Arrangements with Court Call must be made at least 5 business days prior to the scheduled hearing. Residential Foreclosure Procedures 19" Judicial Circuit Court Page 24 of 29 A copy of the motion must be sent to the address below, no later than 5 business days prior to the scheduled hearing and the notice of hearing must be served on opposing counsel 5 business days prior to the scheduled hearing. The Honorable Robert E. Belanger 250 NW Country Club Dr., Ste. 217 Port St. Lucie, FL 34986 Original motions and attachments shall be filed at the clerk's office before setting motions for hearings or mailing those to the Judge's office. Parties may attend by Court Call if arrangements are made through Court Call at least 5 business days prior to the scheduled hearing. IMPORTANT: No evidentiary hearings or summary judgment hearings shall be set on Short Hearing/Uniform Motion Calendars. Counsel who filed the motion must bring a proposed order to the hearing (generic orders granting/denying with at least five lines for additional provisions may be used) along with sufficient copies and self addressed stamped envelopes for all parties. If you want the court file at the hearing you must call the Clerk at least five business days prior to the hearing and request that the file be brought to the hearing. Copies of all hearing notices and relevant motions must be sent by mail, not fax, to the Judge's office five (5) working clays prior to the hearing. Any case law or statutes to be relied upon shall be submitted to the Court with the motion with relevant portions highlighted. You must give the opposing party notice of the hearing at least five working days prior to the hearing unless otherwise agreed to by the parties. Residential Foreclosure Procedures 19'" Judicial Circuit Court Page 25 of 29 SPECIAL SETS HEARINGS REQUIRING MORE THAN 5 MINUTES (ST. LUCIE COUNTY) Motions requiring a hearing of more than 5 minutes will be heard from 1:30 pm to 3:30 pm the following dates: July 2, 5, 16, 19, 2018; August 13, 14, 15, 27, 28, 29, 2018; September 11, 13, 24, 27, 2018; October 8, 11, 29, 2018. ■ 1:30 pm — 3:30 pm Special Sets Hearings For special set hearings in excess of 45 minutes, please mail a hard copy of the motion, proposed order and service envelopes to the Foreclosure Department at the St. Lucie West Courthouse Annex for the court's review and consideration, and if necessary, a hearing will be provided. Original motions and attachments shall be filed at the clerk's office before setting motions for hearings or mailing those to the Judge's office. Do not set hearings and then not show up for them. Too often, the court will set aside valuable court time for a special set evidentiary hearing, only to have no one show up for the hearing. No one even has the courtesy to call, or file a notice of cancellation. This hearing time is then unavailable to other litigants. Hearings in excess of 30 minutes will not be canceled unless: (1) a notice of cancellation is filed at least five (5) business days before the hearing (if you intend to reset the motion for hearing), or, (2) a motion to continue is filed and set for a hearing based upon extraordinary and unforeseen grounds; or (3) the movant waives the relief requested in writing; or (4) a stipulation and order is submitted to the court for signature in which fully resolves the issue(s) (so that the hearing does not need to be reset), or (5) the case is fully resolved by settlement or otherwise, prior to the hearing date. Failure to follow this procedure may result in sanctions, including loss of the privilege to appear by telephone; restrictions on the ability to set and notice hearings without specific court approval; the entry of an order deeming the matter raised in the motion as waived; Residential Foreclosure Procedures 1 if Judicial Circuit Court Page 26 of 29 and for repeat offenders, referral to the Florida Bar. Setting hearings and not showing up for them might implicate Rules Regulating the Florida Bar, Rule 4-1.1, or Rule 4-1.3. APPEARANCE MUST BE IN PERSON FOR ANY EVIDENTIARY HEARING. An order authorizing appearance by phone is necessary for telephonic appearance in hearings scheduled for more than 15 minutes. Every pleading and other paper of a party represented by an attorney shall be signed by at least one attorney of record in the attorney's individual name — or by a party personally if the party is unrepresented. (Rule 2.515 RJA) These hearings are scheduled on-line at: https://slccjis.stlucieco.gov/attorney calendar/ 1. Login 2. Hover over Calendar Assignments and Click on Case Assign. 3. Using the Dropdown Menus SELECT St. Lucie County, and Judge Belanger, Click on submit. 4. Click on date. 5. Click on ASSIGN (for 1:30 pm Special Set Assignment) to enter case details. You must contact Court Call at 888-882-6878 once your matter is scheduled to coordinate for telephonic appearances. Arrangements with Court Call must be made at least 5 business days prior to the scheduled hearing. EMERGENCY MOTIONS TO CANCEL FORECLOSURE SALE OR POSTPONE WRIT OF POSSESSION (ST. LUCIE COUNTY) Emergency Motions to Cancel Foreclosure Sales or Postpone Writs of Possession may not require a hearing. Any such motion must be accompanied by a sufficient number of orders and envelopes with postage sufficient for mailing. The "Done and Ordered in chambers: section must indicate Port St. Lucie, St. Lucie County, FL. If hearing is scheduled, attorneys may attend by Court Call if arrangements are made through Court Call 5 business days prior to the scheduled hearing. Residential Foreclosure Procedures 19'i Judicial Circuit Court If the judge requires the matter to be set for hearing, it should be set during UMC or as otherwise directed by the Foreclosure Judge. IMPORTANT: The timing of the Motion to Cancel Foreclosure Sale must comply with Administrative Order 2015-07 and the notice of hearing must be served on opposing counsel no later than 5 business days prior to the scheduled hearing. TRIALS (ST. LUCIE COUNTY) NOTICES FOR TRIAL: All notices that the case is at issue and ready to be set for trial along with addressed and stamped envelopes shall be sent to: The Honorable Robert E. Belanger 250 NW Country Club Dr., Ste. 217 Port St. Lucie, FL 34986 APPEAR IN PERSON ONLY: Trials and Case Management Conferences require in person appearance. MISCELLANEOUS (ST. LUCIE COUNTY) MOTIONS WITHOUT HEARINGS: Some matters may be addressed by the court through a motion not requiring a hearing. Any such motion must be accompanied by a sufficient number of orders and envelopes with postage sufficient for mailing. The "Done and Ordered in chambers" section must indicate Port St Lucie, St. Lucie County, FL. MOTIONS FOR SUBSTITUTION OF COUNSEL: The court may grant Motions for substitution of counsel without a hearing if a valid stipulation signed by the attorneys, and a valid written consent of the parties is filed. Copies of the motion, stipulation, consent, proposed order and envelopes with postage sufficient for mailing should be sent to the Foreclosure Judge for St. Lucie County cases. Residential Foreclosure Procedures 19" Judicial Circuit Court Page 28 of 29 ENVELOPES FOR SENDING ORDERS: You must provide a sufficient number of stamped envelopes for sending orders to all parties. The return address on the envelopes must be: The Honorable Robert E. Belanger 250 NW Country Club Dr., Ste. 217 Port St. Lucie, FL 34986 Residential Foreclosure Procedures t9" Judicial Circuit Court Page 29 of 29 v. IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY, FLORIDA Plaintiff(s), CASE NO. Defendant(s). FINAL JUDGMENT OF FORECLOSURE This action was heard before the court on [date of hearing] and on the evidence presented and being otherwise duly advised in the premises, IT IS ORDERED AND ADJUDGED that: 1. Motion Granted [or] Final Judgment. There is no dispute of material facts and plaintiff's motion for summary judgment is granted [or] The plaintiff is entitled to entry of final judgment [or] The parties have consented to entry of this final judgment. 2. Value of Claim. At the initiation of this action, in accordance with section 28.241(1)(a)2.b., Florida Statutes, plaintiff estimated the amount in controversy of the claim to be $ [insert amount]. In accordance with section 28.241(1)(a)2.c., Florida Statutes, the Court identifies the actual value of the claim to be $ [insert amount], as set forth below. For any difference between the estimated amount in controversy and the actual value of the claim that requires the filing fee to be adjusted, the Clerk shall adjust the filing fee. In determining whether the filing fee needs to be adjusted, the graduated filing fee scale in section 28.241(1)(a)2.d., Florida Statutes, controls. If an excess filing fee was paid, the Clerk shall provide a refund of the excess fee. If an additional filing fee is owed, the plaintiff shall pay the additional fee at least five business days prior to the judicial sale. If any additional filing fee owed is not paid prior to the judicial sale, the Clerk shall cancel the judicial sale without further order of the Court. 3. Amounts Due. Plaintiff, [plaintiff's name and address], is due: 1 )(-) Principal Interest on the note and mortgage from [date] to [date] Per diem interest at [rate] % from [date] to [date] Title search expense Taxes Insurance premiums Attorneys' fees Finding as to reasonable number of hours Finding as to reasonable hourly rate Attorneys' fees total Court costs Filing fee Service of Process at $ [amount] per defendant Publication for [reason] Additional Costs [list separately] Subtotal (if applicable) LESS: Escrow balance LESS: Unearned insurance premiums LESS: Other [describe] TOTAL $ 4. Interest. The total amount in Paragraph 3 shall bear interest from this date forward at the prevailing statutory rate of interest. 5. Lien on Property. Plaintiff holds a lien for the total sum superior to all claims or estates of defendant(s), (with the exception of any assessments that are superior pursuant to Section 718.116, or 720.3085, Florida Statutes) on the following described property in Okeechobee County, Florida: [Description of property]; Property address: [Street address] 6. Sale of Property. If the total sum with interest at the rate described in Paragraph 3 and all costs accrued subsequent to this judgment are not paid, the Clerk of the Court shall sell the property at public sale on , 20 2 , to the highest bidder for cash, except as prescribed in Paragraph 7, Okeechobee Judicial Center, 312 NW 3rd Street, Okeechobee, Florida 34972, beginning at 11:00 a.m. in accordance with section 45.031, Florida Statutes. The public sale shall not be postponed or canceled without a court order. All orders postponing or canceling the sale must be filed with the Clerk of Court no later than 5:00 p.m. five (5) business days before the sale date. Counsel for plaintiff must be certain that all sale and Clerk fees are paid and that the original proof of publication is filed no Tess than five (5) business days before the sale date. Failure to timely file the original proof of publication of the notice of sale and pay the sale and Clerk fees will stop the sale. Additionally, the failure of plaintiff's counsel to pay the sale fee and properly and timely publish the notice of sale may result in sanctions against the plaintiff, plaintiff's counsel individually, and the law firm representing the plaintiff. Any electronic sale by the Clerk shall be in accordance with the written administrative policy for electronic sales published by the Clerk at the official website for the Clerk and posted in the public areas of the Clerk's offices. 7. Costs. 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, plaintiff shall file an affidavit within 5 business days and the Clerk shall credit plaintiff's bid with the total sum with post -judgment interest and costs accruing subsequent to this judgment, or such part of it, as is necessary to pay the bid in full. The Clerk shall receive the service charge imposed in section 45.031, Florida Statutes. 8. 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 plaintiff's costs; second, documentary stamps affixed to the certificate; third, plaintiff's attorneys' fees; fourth, the total sum due to plaintiff, Tess the items paid, plus interest at the rate prescribed in Paragraph 3 from this date to the date of the sale; and by retaining any remaining amount pending further order of this court. 9. Right of Redemption. On filing the certificate of sale, defendant(s) and all persons claiming under or against defendant(s) since the filing of the notice of lis 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. 10. Right of Possession. Upon filing of the certificate of title, the person named on the certificate of title shall be let into possession of the property. If any defendant or tenant remains in possession of the property, an Order Granting the 3 Motion for Writ of Possession shall be entered without further notice or hearing, subject to the purchaser's compliance with Section 83.561, Florida Statutes. 11. Jurisdiction Retained. Jurisdiction of this action is retained to enter further orders that are proper including, without limitation, a deficiency judgment, writs of possession and such supplemental relief or judgments as may be appropriate. 12. Lost Note. [Use this this paragraph only if a lost note has been reestablished.] The Court finds that the plaintiff has re-established the terms of the lost note and its right to enforce the instrument as required by Section 673.3091, Florida Statutes. Plaintiff shall hold the defendant(s) maker of the note harmless and shall indemnify defendant(s) from any loss they may incur by reason of a claim by any other person to enforce the lost note. Adequate protection is provided as required by Section 673.3091, Florida Statutes, by the following means: [Identify means of security per section 702.11: Written indemnification agreement, surety bond, letter of credit, cash collateral, or other security described in detail.] Judgment is hereby entered in favor of plaintiff as to its request to enforce the lost note. [Any language which needs to be added to the final judgment shall be inserted at this point using paragraphs numbered sequentially beginning with Paragraph 12.] 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. 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. 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 THE COURT, [INSERT INFORMATION FOR APPLICABLE COURT] WITHIN 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. 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 TO HELP YOU, TO MAKE SURE THAT YOU 4 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 FLORIDA RURAL LEGAL SERVICES MONDAY THROUGH FRIDAY AT 1-888-582-3410 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 OTHER OPTIONS. IF YOU CHOOSE TO CONTACT FLORIDA RURAL LEGAL SERVICES AT 1-888-582-3410 FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE. DONE AND ORDERED on [date] at Okeechobee, Florida. LAURIE E. BUCHANAN, CIRCUIT JUDGE Copies furnished by e -portal to: (E-mail addresses) Plaintiff's counsel shall serve paper copies on all defendants not otherwise served by U.S. Mail to: [Distribution list] 5 Okeechobee County Property Appraiser Mickey L. Bandi Parcel: 3-21-37-35-0020-02470-0020 » Owner & Property Info Result: 1 of 1 CRYSTAL I LLC Owner 18305 BISCAYNE BLVD STE 400 AVENTURA, FL 33160 Site 1002 SW 6TH AVE, OKEECHOBEE FIRST ADDITION TO OKEECHOBEE (PLAT Description* BOOK 1 PAGE 11 AND PLAT BOOK 5 PAGE 6) LOTS 2 & 3 BLOCK 247 Area 0.309 AC S/T/R 21-37-35 VACANT Use Code** (000000) I Tax District 50 *The Description above is not to be used as the Legal Description for this parcel in any legal transaction. I **The Use Code is a Dept. of Revenue code. Please contact Okeechobee 1.County Planning & Development at 863-763-5548 for zoning info. Property & Assessment Values 2018 Certified Values 2019 Preliminary Certified Va ues Mkt Land (1) $8,740 Ag Land (o) Building (o) XFOB (o) $0 Mkt Land (1) $0 Ag Land (o) $0 Building (o) Just 58,740 XFOB (o) Class Appraised SOH Cap [?] Assessed Exempt Total Taxable $0 Just $8,740 Class $0 Appraised 58,740 SOH Cap [?] $o Assessed county $8,740 Exempt city:$8,740 other:$8,740 Total schoo1:$8,740 Taxable $9,975 $0 $0 $0 $9,975 $0 $9,975 $0 $9,975 $0 county:$9,614 city:$9,614 other:$9,614 school:$9,975 Note: Property ownership changes can cause the Assessed value of the property to reset to full Market value, which could result in higher property taxes. Page 1 of 2 2019 Preliminary Certified Values updated: 9/12/2019 Aerial Viewer Pictometery Google Maps 201 Sa SUS,'9,TH ST^ Sales History Sale Date Sale Price i Book/Page Deed V/I Quality (Codes) RCode 2/23/2010 511,600 683/0509 TD I U 11 6/18/2004 $01 537/0957 QC QC 1 I U i 03 U 1 03 2/1/1982 $2,500 247/0022 Building Characteristics Bldg Sketch Bldg Item Bldg Desc* Year Blt Base SF NONE Actual SF Bldg Value V' Extra Features & Out Buildings (Codes) Code L Desc Year Blt I Value I Units Dims I Condition (% Good) NONE http://g4b.okeechobeepa.com/gis/recordSearch_3_Details/ 9/17/2019 Page 2 of 2 1"v Land Breakdown I Land Code Desc Units Adjustments Eff Rate Land Value 151CL1 STANDARD L (MKT) 95.000 FF - (0.309 AC) 1.00/1.00 1.00/1.00 $105 $9,975 Search Result: 1 of 1 © Okeechobee County Property Appraiser I Mickey L. Bandi I Okeechobee, Florida 1863-763-4422 by: GrizzlyLogic.com http://g4b.okeechobeepa.com/gis/recordSearch_3_Details/ 9/17/2019 CITY OF OKEECHOBEE, FL. Plaintiff Vs. CRYSTAL I LLC defendant So vv IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR OKEECHOBEE COUNTY, FLORIDA. CASE NO: 2017 -CA -218 ORIGINAL OF THIS DOCUMENT FILED J ' _-L SHARON ROBERTSON CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY FLORIDA MOTION FOR DEFAULT COMES NOW the plaintiff, CITY OF OKEECHOBEE FLORIDA, by and through the undersigned attorney, and moves for the entry of a default by the clerk against the defendant CRYSTAL I LLC, for failure to file or serve any pleading as required by law after service via DLE PROCESS SERVERS INC. on November 30, 2017. Submitted this _20_ day of March 20118 G5Qsk___ JOHN R. COOK Attorney for plaintiff 55 SE 31-d Ave. Okeechobee, Florida 34973 (863) 634-1648 Fla. Bar No. 262951 DEFAULT PURSUANT to motion of the petitioner, the clerk of court hereby enters its default against respondent CRYSTAL I LLC for failure to file a response to this action after service of process. DATED this �6 day of March 2018. SHARON ROEERTSCN Cc: Jonathan R. Politano R/A John R. Cook /S/ ARLENE NEALIS CLERK OF COURT by: d/c IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR OKEECHOBEE COUNTY, FLORIDA. CASE NO. CITY OF OKEECHOBEE, FLORIDA a Municipal corporation organized under the laws of the State of Florida Plaintiffs, -vs- CRYSTAL I LLC, a for profit Corporation organized under the Laws of the State of Florida. Defendant(s). COMPLAINT IN FORECLOSURE COMES NOW the Plaintiff, CITY OF OKEECHOBEE, FLORIDA by and through undersigned counsel, and files this Complaint against the Defendant(s), CRYSTAL I LLC a Florida corporation, as follows: COUNT 1 1. This is an action to foreclose a lien on real property located within Okeechobee County, Florida, described as follows: Lots 2&3 Block 247 _ 1RST ADDTTTON TO C i TY OF O wECHOEEE, located at 1002 SW 6tn Avenue, Okeechobee, Florida, as recorded in the public records, Okeechobee County, Florida. 2. That the Defendants are record owner of these parcels in the records of Micki Bandi, Okeechobee county property appraiser, and which is located at 1002 SW 6th Avenue, Okeechobee, Florida. 3. That the subject property is abandoned structure and real estate, but not homestead property and not otherwise exempt under section 4(a) Article X, Florida Constitution. 4. That the City of Okeechobee, Florida possesses the right and obligation to enforce city codes and ordinances within its boundaries pursuant to ch. 162 Florida Statutes. 5. That on or about February 13, 2015, the City of Okeechobee sent to defendant by certified mail a notice of violation of city codes under FS 162, for which the defendant acknowledged receipt by green card signature on or about February 19, 2015; (green card receipt exhibit "A") 6.That the code violation was assigned case no. 15-010 by City staff, and the matter set for public hearing before the City of Okeechobee code board on April 14, 2015. The notice of code board hearing was sent to defendant by certified mail on March 20, 2015 for which defendant acknowledged receipt by green card signature on or about March 23, 2015. (green card receipt exhibit "B") 7. That the matter was heard by the code board at the April 14, 2015 hearing, at which time the defendant did not appear in person or through counsel. The board heard sworn testimony through the code officer, who made findings of fact and law that the defendant was in violation of section 30-44 , general cleaning, and 30-43 Public Nuisance of the code of ordinances. Pursuant to that finding, the board ordered a daily fine of $15.00 per day and defendant acknowledged receipt via certified mail on April 27; said lien recorded on June 6, 2015 at OR Book 761 Page 0072, Public records Okeechobee county, Florida; (attached hereto exhibit "C") CODE ENFORCEMENT BOARD OF THE CITY OF OKEECHOBEE, FLORIDA... CASE NO. 15-010 CITY OF OKEECHOBEE, PETITIONER, -vs- •OR IIH11111II hill E MUM .; 0 F,- OR. S 8 x7,61 PG 72 u=s RESPONDENT,SHARON I;OG! f �'Sr_r!! CLERK OF CIRCUIT �,1 OKEECHOBEE COUNTY FLORIDA �''lJ RECORDED 06/05/2015 09:55:56 Crystal I LLC / ,�'I.:�:r�i�'I.!•!r, FEES$18.30 AN t;!_r E•';noj7ottr!1 73; (2 ass) LIEN / ORDER THIS CAUSE came before the Code Enforcement Board, City of Okeechobee, for public hearing on Agn20 15 . After due notice to the respondent, the Board having heard evidence on the alleged violation by witnesses or affidavit makes the following findings: A. FINDINGS OF FACT: Lots: 2 & 3 Blk: 247 Section: 1St Addition to City of Okeechobee Parcel# 3-21-37-35-0020-02470-0020 Property location: 1002 SW 6th Avenue, Okeechobee, FL Property owner: Crystal I LLC Property has been found to have overgrown grass and needs cleaning. B. CONCLUSIONS OF LAW: The owner of the property described above has been found in violation of Chapter 30 Section 30-43 Public nuisance and Section 30-44 General cleaning. C. ORDER: The City of Okeechobee Code Enforcement Board has determined you have violated the Code of Ordinances, Ch 30 Sec 30-43 Public nuisance & 30-41 General cleaning concerning your property located at 1002 SW 6th Avenue, Okeechobee, FL 34974 . If you do not correct the violation within seven (7) days of receipt of this notice , or notify the Code Enforcement Officer of the correction, the Board imposes a fine of $15.00:— per day commencing that date and continuing daily until the violation is corrected or the city is notified by you and verifies the correction, which ever first occurs. Further, if you do not correct the violation by said date, a copy of this order as a claim of lien, shall be recorded in the office of the Clerk of Circuit Court, Okeechobee County, Florida, and once recorded, becomes a lien on real and personal property pursuant to Florida Statute 162. You have a right within thirty days, to appeal this finding and order by Writ of Certiorari to the Circuit Court, Okeechobee County, Florida. If you correct the violation prior to the above date, it is your obligation to contact the Code Enforcement Officer to verify such compliance. AGREED AND ORDERED this day of 1 2015 . CITY OF OKEECHOBEE, Petitioner C LLC Respondent CODE ENFORCEMENT BOARD City of Okeechobee, Florida de Enforcement Offi ATTEST: Recording Secretary STATE OF FLORIDA COUNTY OF OKEECHOBEE PERSONALLY appeared before me the undersigned authority, Jamie Gamiotea , Fred Sterling and Sue Christopher , well known to me and known by me to be the Chairperson of the Board, Code Enforcement CODE ENFORCEMENT B d BARD Secretary, respectively, of the CITY OF OKEECHOBEE SWORN TO AND SUBSCRIBED before me thisday of 89fur NOTARY PUBLIC My Commission expires: }at d5r901(0 Please return to: City of Okeechobee Code Enforcement 55 SE 3rd Avenue Okeechobee, FL 34974 (863) 357-1971 RETURN OF SERVICE State of Florida County of Okeechobee County Court Case Number: 2017 CA 218 Plaintiff: CITY OF OKEECHOBEE, FLORIDA A MUNICIPAL CORPORATION vs. Defendant: CRYSTAL I LLC A FLORIDA CORPORATION For: John R. Cook City of Okeechobee 55 Se 3rd Avenue Okeechobee, FL 34974 Received by DLE Process Servers, Inc on the 22nd day of November, 2017 at 9:42 am to be served on Crystal I LIG c/o Jonathan R. Politano - Agent, 18305 Biscayne Blvd., Ste. 400, Aventura, FL 33160. I, Kenny Gallego, do hereby affirm that on the 30th day of November, 2017 at 11:55 am, 1: served a CORPORATION by delivering a true copy of the SUMMONS; COMPLAINT IN FORECLOSURE; EXHIBITS with the date and hour of service endorsed thereon by me, to: Beatriz Agramonte as Assistant for Crystal I Llc, at the address of: 18305 Biscayne Blvd., Ste. 400, Aventura, FL 33160, and informed said person of the contents therein, in compliance with state statutes. I certify that I am over the age of 18, have no interest in the above action, and am a Certified Process Server, in good standing, in the judicial circuit in which the process was served. Under penalties of perjury, I declare that I have read the foregoing Verified Return of Service and that the facts stated are true. F.S. 92.525. NOTARY NOT REQUIRED PURSUANT TO F.S. 92.525 Kenny Galleg Process Serv¢(r DLE Proceservers, Inc 936 Sw 1st PI enue #261 Miami, FL 33130 (786) 220-9705 8 Our Job Serial Number: DLE-2017034602 Copyright © 1992-2017 Database Services, Inc. - Process Server's Toolbox V7.1i 8. Pursuant to F.S. 162.09(3), if a period of 90 days and does not otherwise city codes, the City may elect to file a However, the lien accrued from May 4, action, a total of 707 days, and lien has into compliance with city codes, nor mitigation of lien. valid lien remains for a come into compliance with foreclosure of the lien. 2015 until date of this not been satisfied , come did defendants seek a 9. That the amount of the lien accrued to the date of this action, April 10, 2017 at 707 days @ $15/day is $ 10,605.00. 10. That the Plaintiff believes that there are or may be persons who are or may be interested in the subject matter of this action whose names after diligent search and inquiry are unknown to the Plaintiff. That said unknown parties may claim as heirs, devisees, grantees, assignees, lienors, creditors, trustees, or other claimants by, through, under, or against the Defendant(s) herein, and therefore all of said unknown parties are made defendants in this action. That there may be other unknown parties having or claiming to have some right, title or interest in the subject matter of this suit, whose names after diligent search and inquiry are unknown to the Plaintiff; that diligent search and inquiry has been made to discover the names and residences off the unknown defendants, and the same are set forth herein as are particularly known to the Plaintiff; that their ages are unknown; that their residences are unknown, and that the Plaintiff does not know by, through, or under or against whom they may claim, nor what right, title or interest they may claim in the property set out in this complaint. 11. That the Plaintiff has expended, and will expend during the pendency of this civil i action, certain necessary costs and payment of title examination, court costs, subpoena fees, and shall seek reimbursement therefore. 12. That the Plaintiff has retained the undersigned as his/her attorney to bring this action, and has agreed to pay reasonable attorney fees and costs for such services, such fees being an additional indebtedness authorized by ch. 162 Florida Statutes. WHEREFORE, the Plaintiffs request that the court grant this petition for foreclosure, and award accrued liens, expenses and costs, including attorney fees that the Plaintiff is entitled to recover in this action, plus interest; and if such sums are not paid within the time set by the Court, that the property set out in this complaint be sold to satisfy the Plaintiff's claim and that if the proceeds of such sale are insufficient to pay Plaintiff's claim, that a deficiency judgment be entered for the sums remaining unpaid against the Defendant(s) herein. Plaintiff further requests that the Plaintiff be awarded such further relief as may be just and equitable. SUBMITTED this itc day of A. i1 2017. I HEREBY CERTIFY that this petition in foreclosure is filed in good faith with full knowledge of the facts as presented, that the foregoing is true and correct, and that plaintiff possesses a valid legal interest in the subject real property upon which this suit is based. JOHN R. COOK Attorney for Plaintiffs 55 SW 3rd AV. Okeechobee, Florida 34972 (863) 467-0297 Florida Bar 262951 IN THE COUNTY COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR OKEECHOBEE COUNTY, FLORIDA. CITY OF OKEECHOBEE, FLORIDA A municipal corporation plaintiff Case no. vs. CRYSTAL I LLC A Florida corporation Defendant SUMMONS THE STATE OF FLORIDA TO ALL AND SINGULAR THE SHERIFFS OF SAID STATE: GREETINGS: YOU ARE HEREBY COMMANDED to serve this summons and a copy of the complaint or petition in the above styled cause upon the defendant/respondent: CRYSTAL I LLC Jonathan R. Politano Agent 18305 Biscayne Blvd. Ste. 400 Aventura, Fl. 33160 Each defendant/respondent is hereby required to serve written defenses of law or fact on said complaint or petition on plaintiff/petitioner's attorney, whose address is: JOHN R. COOK City Attorney 55 SE 3rd AV. Okeechobee, FL. 34972 (863)634-1648 jrcook1648@yahoo.com within twenty (20) days of service of this summons upon that defendant/respondent, exclusive of the day of service, and to file the original os said written defenses with the clerk of said court at the Okeechobee county judicial center, 312 NW 3rd St. Okeechobee, FL. 34972, either before service on plaintiff's attorney or immediately thereafter. If a defendant/respondent fails to do so, relief demanded in the complaint or petition. WIT ESS my hand and the seal of said court on the (3day of 2014. Court JOHN R. COOK City Attorney 55 SE 3rd AV. Okeechobee, Fl. 34972 (863)634-1648 FBN 262951 SHARON ROBERTSON, Clerk of By: For the court. City of Okeechobee Code enforcement CODE ENFORCEMENT BOARD NOTICE OF VIOLATION 2/13/2015 CRYSTAL 1 LLC 18305 BISCAYNE BLVD. STE. #400 AVENTURA, FL 33160 CASE # 15-00010 RE: LOTS: 2 & 3 BLK: 247 PARCEL: #32137350020024700020 A violation of local codes involving your property within the City of Okeechobee has been cited. PROPERTY LOCATION: 1002 SW 6TH AVENUE, OKEECHOBEE, FL NATURE OF VIOLATION: Chp 30 Sec 30-44 General cleaning & 30-43 Public nuisance CORRECTIVE ACTION REQUIRED: PLEASE MOW AND CLEAN PROPERTY The corrective action outlined should be taken within ten (10) days from the date of receipt of this letter and the Code Enforcement Officer contacted to verify compliance. Failure to take corrective action or contact the Code Enforcement Officer within this time frame will subject you to appear at a hearing set before the Code Enforcement Board. In addition a twenty-five dollaradministrative fee maybe charged if the violation isnot corrected prior to mailing the notice to appear before the Code Enforcement Board. If the violation is corrected then recurs, the case shall be presented to the Code Enforcement Board even if the violation has been corrected prior to the hearing. If you have any questions regarding this notice, please contact me at 863-357-1971. Sincere y, d SterlirSg de Enforcement Officer (863) 357-1971 cc o nkerrhnhe.e. Florida 34974-2932 • (863) 357-1971 • Fax: (863) 763-4489 ru m m C:1 rn ✓ l ru r-1 N SENDER: compLEig THIS SECTION • Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. it Print your name and address on the reverse so that we can return _the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: CRYSTAL 1 LLC 18305 BISCAYNE BLVD. STE #400 AVENTURA, FL 33160 'COMPLETE THIS SECTION ON DELIVEli =TN (7.-v D. Is dellve addrsdlffereflt from item 1? 0 Yes If YES, enter deiNcity address below: 0 No C. D le of Deli% la 3. ,Srvlce1YPO. Certified Mall* 13 Priority Mall Express" 0 Registered 0 Return Receipt for Marcher 0 Insured Mall 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes ' 2. Article Number (Transfer from service labia I PS Form 3811,July 2013 7014 2120 0003 2306 0315 Domestic Return Receipt • • ; ; gOgfil.k.*W414..* Postal Service ?(:), ERTIFIEP.MARECEPT. EIP - , P-P°M eS tiC 11101Atgifigh:441 4'514.W 4tol'Ar,,,41,k4k. ' ifirrigtedritlifs'itkrfireliditera USE r ri A Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To Threet &Apt.] or PO Box No. City, State, ZIP+4 $ Postmark Here s ,ryclica nvvorvotv-v-ormilte-74'. atifigiVOM rFteversp,:foripaoctl - -9; -° PC' kr, Inm• 1 ......k."4,114 —N. .1 s CODE ENFORCEMENT BOARD OF THE CITY OF OKEECHOBEE, FLORIDA CASE NO. 15-00010 CITY OF OKEECHOBEE Petitioner, -vs- CRYSTAL 1 LLC Respondent(s) NOTICE OF VIOLATION / NOTICE OF HEARING Pursuant to Florida Statutes 162, & Chapter 18 Section 18-33 of the Code of Ordinances of the City of Okeechobee, the undersigned Code Officer, being first duly swom, and with personal knowledge of the facts, hereby alleges the existence of uncorrected violations of the Code of Ordinances and gives notice herein to the landowner or persons in possession, and hereby requests a public hearing before the Code Enforcement Board, City of Okeechobee, to hear the following: 1. Violation of City Code Chapter/Section: Chp 30 Sec 30-44 General cleaning & 30-43 Public nuisance 2. Location of Violation: 1002 SW 6TH AVENUE, OKEECHOBEE, FL 3. Legal decription: Parcel # 32137350020024700020 4. Respondent(s) name & address: CRYSTAL 1 LLC; 18305 BISCAYNE BLVD. STE. #400 AVENTURA, FL 33160 5. Description of violation: PLEASE MOW AND CLEAN PROPERTY 6. Date by which violation is to be corrected: 4/01/2015 NOTICE IS HEREBY GIVEN that the alleged violation will be presented in the City Council Chambers, City Hall, 55 SE Third Avenue, Okeechobee, Florida on the 14th day of April, 2015 , at 6:30 p.m. If you have corrected the violation(s) by the time stated above and received notification from the Code Officer that all violations have been corrected, you will not be required to appear. Otherwise, you must be present at this hearing to avoid an order being entered solely on the evidence to be presented by the petitioner and a lien being recorded against your property. Violators may be fined up to $250.00 for each day the violation is proven to exist. In cases of a repeat violation, the Code Enforcement Board may increase the fine up to $500.00 per day. In addition to fines, the amount of the lien may include costs incurred in prosecuting the case pursuant to Section 162.07(2), Florida Statutues and reasonable cost of repairs required to bring the property into compliance pursuant to Section 162.09(1). You have the right to obtain an attorney if you wish, and the BOARD will receive testimony and evidence at said PUBLIC HEARING, make findings of fact as are supported by the evidence, and issue appropriate orders necessary to bring the alleged violation into compliance, including the payment of a fine by the Respondent(s). It is your obligation to insure an accurate record of the proceeding is taken for an appeal. Pursuant to Section 162.06 Florida Statutes, you have a responcibility to disclose violations to any potential buyer of the property and notify the Code Enforcement Department of the transfer, with the identity and address of the new owner and copies of the written disclosure made to the new owner within five days after the date of the transfer. Failure to make the disclosure creates a rebuttable presumption of fraud. Sale of the property will not cause this case to be dismissed. DATED THISSO+Iday of /°(Qu1 ej1, , 2015 CODE ENFORCEMENT BOARD 55 SE 3rd Avenue Okeechobee, Florida 34974 F ed Sterling ode Enforcement Off er (863) 357-1971 u-) n - D .11 D m m D D D D ✓ u a r1J ra D l�- • SENDER:COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • .Attach this card to the back of the mailpiece, or on the front If space permits. Article Addressed to: CRYSTAL 1 LLC 18309'BISCAYNE BLVD. STE #400 AVENTURA, FL 33160 COMPLETE THIS SECTION ON DELIVEF" A. 'Signature • X CI Agent O Ares: C. Date of Dell* D. Is delivery address different from`itetn If YES, enter delivery addr9 ' l6w: i S celype ❑Certified Mall® ❑ Priority Mail Express'" Registered 0 Return Receipt for Marchand 0 Insured Mall 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes 2. -Article Number (Transfer from service labe° 7014 2120 0003 2306 0445 PS Form 38,1'1, Juty2013 J'S. Postal Serviced � E,RTIFIED MAIL° )o%ftestrc„.PlatlOnly, D'ome'stic Retum Receipt r�t�i�t,�rtt; 4.�"',Fo'r, deliv 0,1hformation vistt;O website a Vis w usps.coiiith WC, Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To 11 1 Street & Apt. o., Yrk-/ or PO Box No. LLe, Postmark Here City, State, ZIP+4 �s��� n:arars �roik..a ri FF2reaRjar,s,M.V.x' 6SI i?irttirrif lZi nllit ts-) LJ D m RI m D C3 D D rU rR ril rR D SENDER: COMPLETE THIS SECTION 11 Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on •the front If space permits. COMPLETE THIS SECTION ON DELIVEI.':" 1. Article Addressed to: CRYSTAL 1 LLC 1830SISISCAYNE BLVD. STE #00 AVENTURA, FL 33160 B. Rereid fed Name) DAgnt Adilrei: C. Date of Deily D. Is delivery address different frorOterft•--gayas- If YES, enter delivery .addreis"lielbw: LJ No MAR 2 3 2015 3.7Ice lype • CertMed Mail® 0 Priority Mall Express' Reglatered El Return Receipt for Merchand 0 Insured Mall 0 Collect on Delivery 4: :Restricted Delivery?•(EXtra Fee) 0 Yes 2. Article Number (Transfer from service labe0 7014 2120 0003 2306 0445 PSP0rm 301 I, ' domestic Return Receipt ;'“U.S. Postal Service' e. CERTIFIED EVIAIL° RECEIPI fipo,v14,6111 Domestic Mail Only eFor,deliverY information,,vl4UMTA56ittkarivVAtaa-agnVaCt,A 0 IF r E C AL USE Postage certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To ) Street & Apt. Nd. or PO Box No. \rya -al 1_ L1-0, Postmark Here CSIA1 City, State, ZIP+4 rgigitinfetrarati, --p.sgzeeplipvers I1541...41Vilestett_ ..Vivi* • kraitv&T;444. IN THE COUNTY COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR OKEECHOBEE COUNTY, FLORIDA. CITY OF OKEECHOBEE, FLORIDA A municipal corporation plaintiff Case no. vs. CRYSTAL I LLC A Florida corporation Defendant SUMMONS THE STATE OF FLORIDA TO ALL AND SINGULAR THE SHERIFFS OF SAID STATE: GREETINGS: YOU ARE HEREBY COMMANDED to serve this summons and a copy of the complaint or petition in the above styled cause upon the defendant/respondent: CRYSTAL I LLC Jonathan R. Politano Agent 18305 Biscayne Blvd. Ste. 400 Aventura, Fl. 33160 Each defendant/respondent is hereby required to serve written defenses of law or fact on said complaint or petition on plaintiff/petitioner's attorney, whose address is: JOHN R. COOK City Attorney 55 SE 3rd AV. Okeechobee, FL. 34972 (863)634-1648 jrcook1648@yahoo.com within twenty (20) days of service of this summons upon that defendant/respondent, exclusive of the day of service, and to file the original os said written defenses with the clerk of said court at the Okeechobee county judicial center, 312 NW 3rd St. Okeechobee, FL. 34972, either before service on plaintiff's attorney or immediately thereafter. If a defendant/respondent fails to do so, relief demanded in the complaint or petition. cS WIT ESS my hand and the seal of said court on the IS—day of 2014. Court JOHN R. COOK City Attorney 55 SE 3rd AV. Okeechobee, Fl. 34972 (863)634-1648 FBN 262951 SHARON ROBERTSON, Clerk of By: For the court. IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR OKEECHOBEE COUNTY, FLORIDA. CASE NO. CITY OF OKEECHOBEE, FLORIDA a Municipal corporation organized under the laws of the State of Florida Plaintiffs, -vs- CRYSTAL I LLC, a for profit Corporation organized under the Laws of the State of Florida. Defendant(s). COMPLAINT IN FORECLOSURE COMES NOW the Plaintiff, CITY OF OKEECHOBEE, FLORIDA by and through undersigned counsel, and files this Complaint against the Defendant(s), CRYSTAL I LLC a Florida corporation, as follows: COUNT 1 1. This is an action to foreclose a lien on real property located within Okeechobee County, Florida, described as follows: Lots 2&3 Block 247 FIRST ADDITION TO CITY OF OKEECHOBEE, located at 1002 SW 6th Avenue, Okeechobee, Florida, as recorded in the public records, Okeechobee County, Florida. 2. That the Defendants are record owner of these parcels in the records of Micki Bandi, Okeechobee county property appraiser, and which is located at 1002 SW 6th Avenue, Okeechobee, Florida. 3. That the subject property is abandoned structure and real estate, but not homestead property and not otherwise exempt under section 4(a) Article X, Florida Constitution. 4. That the City of Okeechobee, Florida possesses the right and obligation to enforce city codes and ordinances within its boundaries pursuant to ch. 162 Florida Statutes. 5. That on or about February 13, 2015, the City of Okeechobee sent to defendant by certified mail a notice of violation of city codes under FS 162, for which the defendant acknowledged receipt by green card signature on or about February 19, 2015; (green card receipt exhibit "A") 6.That the code violation was assigned case no. 15-010 by City staff, and the matter set for public hearing before the City of Okeechobee code board on April 14, 2015. The notice of code board hearing was sent to defendant by certified mail on March 20, 2015 for which defendant acknowledged receipt by green card signature on or about March 23, 2015. (green card receipt exhibit "B") 7. That the matter was heard by the code board at the April 14, 2015 hearing, at which time the defendant did not appear in person or through counsel. The board heard sworn testimony through the code officer, who made findings of fact and law that the defendant was in violation of section 30-44 , general cleaning, and 30-43 Public Nuisance of the code of ordinances. Pursuant to that finding, the board ordered a daily fine of $15.00 per day and defendant acknowledged receipt via certified mail on April 27; said lien recorded on June 6, 2015 at OR Book 761 Page 0072, Public records Okeechobee county, Florida; (attached hereto exhibit "C") 8. Pursuant to F.S. 162.09(3), if a period of 90 days and does not otherwise city codes, the City may elect to file a However, the lien accrued from May 4, action, a total of 707 days, and lien has into compliance with city codes, nor mitigation of lien. valid lien remains for a come into compliance with foreclosure of the lien. 2015 until date of this not been satisfied , come did defendants seek a 9. That the amount of the lien accrued to the date of this action, April 10, 2017 at 707 days @ $15/day is $ 10,605.00. 10. That the Plaintiff believes that there are or may be persons who are or may be interested in the subject matter of this action whose names after diligent search and inquiry are unknown to the Plaintiff. That said unknown parties may claim as heirs, devisees, grantees, assignees, lienors, creditors, trustees, or other claimants by, through, under, or against the Defendant(s) herein, and therefore all of said unknown parties are made defendants in this action. That there may be other unknown parties having or claiming to have some right, title or interest in the subject matter of this suit, whose names after diligent search and inquiry are unknown to the Plaintiff; that diligent search and inquiry has been made to discover the names and residences off the unknown defendants, and the same are set forth herein as are particularly known to the Plaintiff; that their ages are unknown; that their residences are unknown, and that the Plaintiff does not know by, through, or under or against whom they may claim, nor what right, title or interest they may claim in the property set out in this complaint. 11. That the Plaintiff has expended, and will expend during the pendency of this s ci vi i action, certain necessary costs and payment of title examination, court costs, subpoena fees, and shall seek reimbursement therefore. 12. That the Plaintiff has retained the undersigned as his/her attorney to bring this action, and has agreed to pay reasonable attorney fees and costs for such services, such fees being an additional indebtedness authorized by ch. 162 Florida Statutes. WHEREFORE, the Plaintiffs request that the court grant this petition for foreclosure, and award accrued liens, expenses and costs, including attorney fees that the Plaintiff is entitled to recover in this action, plus interest; and if such sums are not paid within the time set by the Court, that the property set out in this complaint be sold to satisfy the Plaintiff's claim and that if the proceeds of such sale are insufficient to pay Plaintiff's claim, that a deficiency judgment be entered for the sums remaining unpaid against the Defendant(s) herein. Plaintiff further requests that the Plaintiff be awarded such further relief as may be just and equitable. SUBMITTED this day of A' i1 2017. I HEREBY CERTIFY that this petition in foreclosure is filed in good faith with full knowledge of the facts as presented, that the foregoing is true and correct, and that plaintiff possesses a valid legal interest in the subject real property upon which this suit is based. 6,;,91L JOHN R. COOK Attorney for Plaintiffs 55 SW 3rd AV. Okeechobee, Florida 34972 (863) 467-0297 Florida Bar 262951 Celeste Watford - Okeechobee County Tax Collector Page 1 of 1 NOTICE OF AD VALOREM TAXES & NON -AD VALOREM ASSESSMENTS BILL # R 3093400 2016 PROPERTY # R 3-21-37-35-0020-02470-0020 Real Estate TAX/NOTICE RECEIPT FOR OKEECHOBEE' COUNTY * CERTIFICATE SOLD * Sale Date 06/01/2017 Certificate# 0003181 Certificate Holder 0548 Interest Rate 18.00% Original Amount $1,334.28 Interest Amount $66.71 Fees $6.25 UnPaid Balance $1,407.24 Exemptions: Property Address: 1002 SW 6TH AVE OKEECHOBEE 34974 CRYSTAL I LLC 18305 BISCAYNE BLVD STE 400 AVENTURA, FL 33160 FIRST ADDITION TO OKEECHOBEE (PLAT BOOK 1 PAGE 11 AND PLAT BOOK 5 PAGE 6) TAXABLE VALUE $25,154.00 Delinquent Tax History Year Roll Bill # Outstanding Tax Accrued Penalties Total Due Reference 2016 R 3093400-I $1,340.53 $66.71 $1,407.24 3181 CERT. 2015 R 3101500-1 $1,418.21 $232.97 $1,651.18 3318 CERT. 2014 R 3087800-I $1,272.54 $270.64 $1,543.18 3426 CERT. 2013 R 3099400-1 $1,274.60 $63.42 $1,338.02 3472 CERT. Total Due $5,939.62 (x6 F http://www.okeechobeecountytaxcollector.com/Property/Print 8/7/2017 4 TC906G 10 Bill No. R-30,99400 J, 2014 T57 ACS Tax Coll0Aion System Parcel No. R $7217,3773570020 02470-0020 , ** CERTIFICATE 4 0003472 ** Sale Date Accrual Date Duplicate Date Exem *-PRIOR-* Certificate Interest 0.25% Purchase Fee Redemption Fee Cancellation Fee Other Fee -4 Other Fee -5 * * TOTALS 1,338.02 Last: Pmt (PRESS ENTER TO CONTINUE) \ 05/31/2014 Ce tificate 06/01/2014 Ho der 0159 • . I Original ' 1,268.35 63.42. 6.25 Collections System Inquiry Name TXSL Certificate T 18305 BISCAYNE BLVD STE 400 AVENTURA, FL 33160 SIGMA TAX 1 GP 18305 BISCAYNE BLVD. SUITE 400 AVENTURA, FL 33160 Taxable: 23199 CO 23199 SC Balance 1,268.35 • 63.42 Collections Rcpt 6.25 1,338.02 Trn 23199 CI 23199 OT 23199 Asd <-Interest amt increases on 9/01/2017 Action ? , # TC906G 10 Bill No. R ,30,87$00. 201,5 T57 ACS Tax Collection System Parcel No. J 3-2,17377357902070247070020„, ** CERTIFICATE # 0003426 ** Sale Date Accrual Date Duplicate Date Exem *-PRIOR-* Certificate Interest 9.50% Purchase Fee Redemption Fee Cancellation Fee Other Fee -4 Other Fee -5 * * TOTALS 1,543.18 Last Pmt (PRESS ENTER TO CONTINUE) Collections System, Inquiry Name TXSL Certificate ,RY,STAL 18305 BISCAYNE BLVD STE 400 AVENTURA, FL 33160 06/01/2015 Certificate : TAX EASE FUNDING 2016-1, LLC 06/01/2015 Holder 0922 : PO BOX 645484 : CINCINNATI, OH 45264 Original 1,266.29 270.64 6.25 • Taxable: Collections Rcpt 22923 CO Sc Balance 1,266.29 270.64 6.25 1,543.18 Trn 22923 Ci 22923 OT 22923 Asd ‹-Interest amt increases on 9/01/2017 Act ion ? # TC906G 10 T57 ACS Tax Collection System Bill No. Parcel No. R $101500j, J 37217,3773570020702470-0020„, 201A ** CERTIFICATE # 0003318 ** Sale Date 06/01/2016 Certificate Accrual Date 09/23/2016 Holder 0012 Duplicate Date • Exem *-PRIOR-* Original Certificate 1,411.96 Interest 18.00% 232.97 Purchase Fee Redemption Fee 6.25 Cancellation Fee Other Fee -4 Other Fee -5 * * TOTALS 1,651.18 Last Pmt (PRESS ENTER TO CONTINUE) Collections System Inquiry Name TXSL Certificate ,CRYSTAL iLLC„„. , 18305 BISCAYNE BLVD STE 400 AVENTURA, FL 33160 ZACHARY MICHAEL GAZZA 4260 SE FEDEARL HWY STUART, FL 34996 • Taxable: Collections Rcpt 24310 CO 24310 SC Balance 1,411.96 232.97 6.25 1,651.18 Trn 24310 CI 24310 OT 24310 Asd <-Interest amt increases on 8/23/2017 Act ion ? , # TC906G 10 T57 ACS Tax Collection System • Bill No. Parcel No. R 3,0934P0 J. g .3.7217377357010,2079247079920„„ 2.07 ** CERTIFICATE # 0003181 ** Sale Date Accrual Date Duplicate Date Collections System Inquiry Name TXSL Certificate —CR\S.TAJ J, LLC 18305 BISCAYNE BLVD STE 400 AVENTURA, FL 33160 06/01/2017 Certificate : SAMMY & ANN HANCOCK 06/01/2017 Holder 0548 : 990 SE 23RD STREET : OKEECHOBEE, FL 34974 Exem *-PRIOR-* Original Certificate 1,334.28 Interest 18.00% 66.71 Purchase Fee Redemption Fee 6.25 Cancellation Fee Other Fee -4 Other Fee -5 * * TOTALS 1,407.24 Last Pmt (PRESS ENTER TO CONTINUE) Taxable: Collections Rcpt 25154 CO 25154 SC Balance 1,334.28 66.71 6.25 1,407.24 Trn 25154 CI 25154 OT 25154 Asd <-Interest amt increases on 9/01/2017 Act ion ? , , Citi of Okeechobee Code enforcement July 19, 2016 Crystal 1 LLC 18305 Biscayne Blvd. Suite #400 Aventura, FL 33160 Re: 1002 SW 6th Avenue, Okeechobee, FL Case #15-010 Dear Property Owner: This letter is in reference to the Code Enforcement Board Order dated April 14, 2015 notifying you a fifteen dollar per day fine would be imposed beginning May 5, 2015 against the property listed above for a mowing/cleaning violation. As of Septmeber 2015 the fine had accrued for over ninety (90) days. According to Florida Statutes Chapter 162 the City possesses the ability to file a foreclosure action against the property to collect the fine. This action could result in a financial burden on you, in addition to the fines. At this time no foreclosure action has been taken against the property. However, you should contact me immediately to let us know your intentions. At the Code Enforcement Board meeting scheduled for August 9, 2016 the Code Board will decide whether to recommend foreclosure. Please contact me at 863-357-1971 to discuss this matter. Sincerely, red Sterling Code Enforcement Officer (863) 357-1971 55 S.F. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 357-1971 • Fax: (863) 763-4489 SENDER:z,COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: CRYSTAL 1 LLC 18305 BISCAYNE BLVD. SUITE #400 AVENTURA, FL 33160 COMPLETE THIS SECTION ON DELIVERY A. Signature X I:11 -Agent ❑ Addresse C. Date of Deliver D. Is delivery address ! ifferent from item 1 0 Yes If YES, enter delivery address below 0 No 3116 B. 'eceiv-. by (Printed Name) 3.Se}CeefiedMal:_.... / Certified MAL_,! !!�,; ��idrity Mail Express Registered D Return Receipt for Merchandise ❑ Insured Mail 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) 7014 2120 0003 3626 7916 PS Form 3811, July 2013 1. . 'os a erviceT" Domestic Return Receipt CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery,information, visitour website at wwvusps.com®. Postage Certified Fee m D Return Receipt Fee D (Endorsement Required) El Restricted Delivery Fee C3 (Endorsement Required) Total Postage & Fees O r - Postmark Here rl C.7 Sent To Street & Apt. ' o., or PO Box No. 1 ►.JCC?. City, State, ZIP+4 PS Form3800,'July 2014 - - See Reverse for Instructions CITY OF OKEECHOBEE CODE ENFORCEMENT Case: # 15-010 Name: Crystal I LLC Property Location: 1002 SW 6th Avenue f a( ke `/Awo Code Board Action: Imposed a fine starting 5/5/15 @ $15.00 per day for code violation Ch 30 Sec 30-43 Public nuisance & Sec 30-44 Gen. Cleaning Accrual of Fine: 6-11 May =� June =30 July =21 Aug =J NOV c3D TOTAL = Date of Compliance: reb c3D Ci Jf (jam <3 C .I ,SUU1 yv.d. C�.Lofi9//, CODE ENFORCEMENT BOARD OF CASE NO. 15-00010 THE CITY OF OKEECHOBEE, FLORIDA CITY OF OKEECHOBEE Petitioner, -vs- CRYSTAL 1 LLC Respondent(s) NOTICE OF VIOLATION / NOTICE OF HEARING Pursuant to Florida Statutes 162, & Chapter 18 Section 18-33 of the Code of Ordinances of the City of Okeechobee, the undersigned Code Officer, being first duly swom, and with personal knowledge of the facts, hereby alleges the existence of uncorrected violations of the Code of Ordinances and gives notice herein to the landowner or persons in possession, and hereby requests a public hearing before the Code Enforcement Board, City of Okeechobee, to hear the following: 1. Violation of City Code Chapter/Section: Chp 30 Sec 30-44 General cleaning & 30-43 Public nuisance 2. Location of Violation: 1002 SW 6TH AVENUE, OKEECHOBEE, FL 3. Legal decription: Parcel # 32137350020024700020 4. Respondent(s) name & address: CRYSTAL 1 LLC; 18305 BISCAYNE BLVD. STE. #400 AVENTURA, FL 33160 5. Description of violation: PLEASE MOW AND CLEAN PROPERTY 6. Date by which violation is to be corrected: 4/01/2015 NOTICE IS HEREBY GIVEN that the alleged violation will be presented in the City Council Chambers, City Hall, 55 SE Third Avenue, Okeechobee, Florida on the 14th day of April, 2015 , at 6:30 p.m. If you have corrected the violation(s) by the time stated above and received notification from the Code Officer that all violations have been corrected, you will not be required to appear. Otherwise, you must be present at this hearing to avoid an order being entered solely on the evidence to be presented by the petitioner and a lien being recorded against your property. Violators may be fined up to $250,00 for each day the violation is proven to exist. In cases of a repeat violation, the Code Enforcement Board may increase the fine up to $500.00 per day. In addition to fines, the amount of the lien may include costs incurred in prosecuting the case pursuant to Section 162.07(2), Florida Statutues and reasonable cost of repairs required to bring the property into compliance pursuant to Section 162.09(1). You have the right to obtain an attorney if you wish, and the BOARD will receive testimony and evidence at said PUBLIC HEARING, make findings of fact as are supported by the evidence, and issue appropriate orders necessary to bring the alleged violation into compliance, including the payment of a fine by the Respondent(s). It is your obligation to insure an accurate record of the proceeding is taken for an appeal. Pursuant to Section 162.06 Florida Statutes, you have a responcibility to disclose violations to any potential buyer of the property and notify the Code Enforcement Department of the transfer, with the identity and address of the new owner and copies of the written disclosure made to the new owner within five days after the date of the transfer. Failure to make the disclosure creates a rebuttable presumption of fraud. Sale of the property will not cause this case to be dismissed. DATED THIS O day of 1°(Qurcjt_ , 2015 CODE ENFORCEMENT BOARD 55 SE 3rd Avenue Okeechobee, Florida 34974 F ed Sterling ode Enforcement Off er (863) 357-1971 DLE Process Servers, Inc 936 Sw 1st Avenue #261 Miami, FL 33130 Phone: (786) 220-9705 Fax: (786) 363-8808 Tax ID 300501491 John R. Cook City of Okeechobee 55 Se 3rd Avenue Okeechobee, FL 34974 Case Number: Okeechobee 2017 CA 218 INVOICE Invoice #DLE-2017034602 11/30/2017 u Plaintiff: CITY OF OKEECHOBEE, FLORIDA A MUNICIPAL CORPORATION Defendant: CRYSTAL I LLC A FLORIDA CORPORATION Received: 11/22/2017 Served: 11/30/2017 11:55 am CORPORATE To be served on: Crystal I Llc c/o Jonathan R. Politano - Agent ITEMIZED LISTING N N fi H 11 Line Item Quantity Price Amount Subpoena - In Miami -Dade 1.00 65.00 65.00 TOTAL CHARGED: 11/22/2017 Check #37155 Pre -Payment $65.00 65.00 BALANCE DUE: Thank you for your business! Please include the invoice number on your check. invoice after 60 days. Any invoice over all costs to include attorneys fees for Payment is due 30 days after invoiced. A late fee of $5.00 will apply to each unpaid 120 days past due may be subject to collection. Attorney/Client is responsible for invoices sent to collections. $0.00 Page 1 / 1 Copyright 0 1992-2017 Database Services, Inc. - Process Server's Toolbox V7.1 i ORIGINAL IN THE COUNTY COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR OKEECHOBEE COUNTY, FLORIDA. CITY OF OKEECHOBEE, FLORIDA A municipal corporation plaintiff vs. CRYSTAL I LLC A Florida corporation Defendant Case no. apt a% SUMMONS THE STATE OF FLORIDA TO ALL AND SINGULAR THE SHERIFFS OF SAID STATE: GREETINGS: YOU ARE HEREBY COMMANDED to serve this summons and a copy of the complaint or petition in the above styled cause upon the defendant/respondent: CRYSTAL I LLC Jonathan R. Politano Agent 18305 Biscayne Blvd. Ste. 400 Aventura, Fl. 33160 Each defendant/respondent is hereby required to serve written defenses of law or fact on said complaint or petition on plaintiff/petitioner's attorney, whose address is: JOHN R. COOK City Attorney 55 SE 3rd AV. Okeechobee, FL. 34972 (863)634-1648 jrcook1648@yahoo.com within twenty (20) days of service of this summons upon that defendant/respondent, exclusive of the day of service, and to file the original os said written defenses with the clerk of said court at the Okeechobee county judicial center, 312 NW 3rd St. Okeechobee, FL. 34972, either before service on plaintiff's attorney or immediately thereafter. If a defendant/respondent fails to do so, relief demanded in the complaint or petition. cs- Court WITpTESS my hand and the seal of said court on the 9 , 2014. JOHN R. COOK City Attorney 55 SE 3rd AV. Okeechobee, Fl. 34972 (863)634-1648 FBN 262951 day of SHARON ROBERTSON, Clerk of For the court. State of Florida Case Number: 2017 CA 218 RETURN OF SERVICE County of Okeechobee County Court Plaintiff: CITY OF OKEECHOBEE, FLORIDA A MUNICIPAL CORPORATION vs. Defendant: CRYSTAL I LLC A FLORIDA CORPORATION For: John R. Cook City of Okeechobee 55 Se 3rd Avenue Okeechobee, FL 34974 Received by DLE Process Servers, Inc on the 22nd day of November, 2017 at 9:42 am to be served on Crystal I LIc c/o Jonathan R. Politano - Agent, 18305 Biscayne Blvd., Ste. 400, Aventura, FL 33160. I, Kenny Gallego, do hereby affirm that on the 30th clay of November, 2017 at 11:55 am, I: served a CORPORATION by delivering a true copy of the SUMMONS; COMPLAINT IN FORECLOSURE; EXHIBITS with the date and hour of service endorsed thereon by me, to: Beatriz Agramonte as Assistant for Crystal I Llc, at the address of: 18305 Biscayne Blvd., Ste. 400, Aventura, FL 33160, and informed said person of the contents therein, in compliance with state statutes. I certify that I am over the age of 18, have no interest in the above action, and am a Certified Process Server, in good standing, in the judicial circuit in which the process was served. Under penalties of perjury, I declare that I have read the foregoing Verified Return of Service and that the facts stated are true. F.S. 92.525. NOTARY NOT REQUIRED PURSUANT TO F.S. 92.525 Kenny GaIIeg? Process Server 2 80 DLE Process ervers, Inc 936 Sw 1st FI enue #261 Miami, FL 33130 (786) 220-9705 Our Job Serial Number: DLE-2017034602 Copyright © 1992-2017 Database Services. Inc. - Process Servers Toolbox V7.1i ORIGINAL ,,LA0 26e d IN THE COUNTY COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR OKEECHOBEE COUNTY, FLORIDA. CITY OF OKEECHOBEE, FLORIDA A municipal corporation plaintiff vs. CRYSTAL I LLC A Florida corporation Defendant Case no. aptl exa« SUMMONS THE STATE OF FLORIDA TO ALL AND SINGULAR THE SHERIFFS OF SAID STATE: GREETINGS: YOU ARE HEREBY COMMANDED to serve this summons and a copy of the complaint or petition in the above styled cause upon the defendant/respondent: CRYSTAL I LLC Jonathan R. Politano Agent 18305 Biscayne Blvd. Ste. 400 Aventura, F1. 33160 Each defendant/respondent is hereby required to serve written defenses of law or fact on said complaint or petition on plaintiff/petitioner's attorney, whose address is: JOHN R. COOK City Attorney 55 SE 3rd AV. Okeechobee, FL. 34972 (863)634-1648 jrcook1648@yahoo.com within twenty (20) days of service of this summons -upon that defendant/respondent, exclusive of the day of service, and to file the original os said written defenses with the clerk of said court at the Okeechobee county judicial center, 312 NW 3rd St. Okeechobee, FL. 34972, either before service on plaintiff's attorney or immediately thereafter. If a defendant/respondent fails to do so, relief demanded in the complaint or petition. cS Court WITESS my hand and the seal of said court on the , 2014. JOHN R. COOK City Attorney 55 SE 3rd AV. Okeechobee, F1 34972 (863)634-1648 FBN 262951 day of SHARON ROBERTSON, Clerk of For the court. IN THE COUNTY COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR OKEECHOBEE COUNTY, FLORIDA. CITY OF OKEECHOBEE, FLORIDA A municipal corporation plaintiff Case no. vs. CRYSTAL I LLC A Florida corporation Defendant SUN MONS THE STATE OF FLORIDA TO ALL AND SINGULAR THE SHERIFFS OF SAID STATE: GREETINGS: i GA- a�$ YOU ARE HEREBY COMMANDED to serve this summons and a copy of the complaint or petition in the above styled cause upon the defendant/respondent: CRYSTAL I LLC Jonathan R. Politano Agent 18305 Biscayne Blvd. Ste. 400 Aventura, Fl. 33160 Each defendant/respondent is hereby required to serve written defenses of law or fact on said complaint or petition on plain+ i f f /pPd- i r i r ner' s attorney, whose address is: JOHN R. COOK City Attorney 55 SE 3rd AV. Okeechobee, FL. 34972 (863)634-1648 jrcook1648@yahoo.com within twenty (20) days of service of this summons upon that defendant/respondent, exclusive of the day of service, and to file the original os said written defenses with the clerk of said court at the Okeechobee county judicial center, 312 NW 3rd St. Okeechobee, FL. 34972, either before service on plaintiff's attorney or immediately thereafter. If a defendant/respondent fails to do so, relief demanded in the complaint or petition. N WIT ESS my hand and the seal of said court on the ICI day of 0 , 2014. Court JOHN R. COOK City Attorney 55 SE 3rd AV. Okeechobee, Fl. 34972 (863)634-1648 FBN 262951 SHARON ROBERTSON, Clerk of /S/ APRIL HOF By: For the court. IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR OKEECHOBEE COUNTY, FLORIDA. CASE NO. CITY OF OKEECHOBEE, FLORIDA a Municipal corporation organized under the laws of the State of Florida Plaintiffs, -vs- CRYSTAL I LLC, a for profit Corporation organized under the Laws of the State of Florida. Defendant(s). COMPLAINT IN FORECLOSURE COMES NOW the Plaintiff, CITY OF OKEECHOBEE, FLORIDA by and through undersigned counsel, and files this Complaint against the Defendant(s), CRYSTAL I LLC a Florida corporation, as follows: COUNT 1 1. This is an action to foreclose a lien on real property located within Okeechobee County, Florida, described as follows: Lots 2&3 Block 247 FIRST ADDITION TO CITY OF OKEECHOBEE, located at 1002 SW 6th Avenue, Okeechobee, Florida, as recorded in the public records, Okeechobee County, Florida. 2. That the Defendants are record owner of these parcels in the records of Micki Bandi, Okeechobee county property appraiser, and which is located at 1002 SW 6th Avenue, Okeechobee, Florida. 3. That the subject property is abandoned structure and real estate, but not homestead property and not otherwise exempt under section 4(a) Article X, Florida Constitution. 4. That the City of Okeechobee, Florida possesses the right and obligation to enforce city codes and ordinances within its boundaries pursuant to ch. 162 Florida Statutes. 5. That on or about February 13, 2015, the City of Okeechobee sent to defendant by certified mail a notice of violation of city codes under FS 162, for which the defendant acknowledged receipt by green card signature on or about February 19, 2015; (green card receipt exhibit "A") 6.That the code violation was assigned case no. 15-010 by City staff, and the matter set for public hearing before the City of Okeechobee code board on April 14, 2015. The notice of code board hearing was sent to defendant by certified mail on March 20, 2015 for which defendant acknowledged receipt by green card signature on or about March 23, 2015. (green card receipt exhibit "B") 7. That the matter was heard by the code board at the April 14, 2015 hearing, at which time the defendant did not appear in person or through counsel. The board heard sworn testimony through the code officer, who made findings of fact and law that the defendant was in violation of section 30-44 , general cleaning, and 30-43 Public Nuisance of the code of ordinances. Pursuant to that finding, the board ordered a daily fine of $15.00 per day and defendant acknowledged receipt via certified mail on April 27; said lien recorded on June 6, 2015 at OR Book 761 Page 0072, Public records Okeechobee county, Florida; (attached hereto exhibit "C") 8. Pursuant to F.S. 162.09(3), if a period of 90 days and does not otherwise city codes, the City may elect to file a However, the lien accrued from May 4, action, a total of 707 days, and lien has into compliance with city codes, nor mitigation of lien. valid lien remains for a come into compliance with foreclosure of the lien. 2015 until date of this not been satisfied , come did defendants seek a 9. That the amount of the lien accrued to the date of this action, April 10, 2017 at 707 days @ $15/day is $ 10,605.00. 10. That the Plaintiff believes that there are or may be persons who are or may be interested in the subject matter of this action whose names after diligent search and inquiry are unknown to the Plaintiff. That said unknown parties may claim as heirs, devisees, grantees, assignees, lienors, creditors, trustees, or other claimants by, through, under, or against the Defendant(s) herein, and therefore all of said unknown parties are made defendants in this action. That there may be other unknown parties having or claiming to have some right, title or interest in the subject matter of this suit, whose names after diligent search and inquiry are unknown to the Plaintiff; that diligent search and inquiry has been made to discover the names and residences off the unknown defendants, and the same are set forth herein as are particularly known to the Plaintiff; that their ages are unknown; that their residences are unknown, and that the Plaintiff does not know by, through, or under or against whom they may claim, nor what right, title or interest they may claim in the property set out in this complaint. 11. That the Plaintiff has expended, and will expend during the pendency of this civil action, certain necessary costs and payment of title examination, court costs, subpoena fees, and shall seek reimbursement therefore. 12. That the Plaintiff has retained the undersigned as his/her attorney to bring this action, and has agreed to pay reasonable attorney fees and costs for such services, such fees being an additional indebtedness authorized by ch. 162 Florida Statutes. WHEREFORE, the Plaintiffs request that the court grant this petition for foreclosure, and award accrued liens, expenses and costs, including attorney fees that the Plaintiff is entitled to recover in this action, plus interest; and if such sums are not paid within the time set by the Court, that the property set out in this complaint be sold to satisfy the Plaintiff's claim and that if the proceeds of such sale are insufficient to pay Plaintiff's claim, that a deficiency judgment be entered for the sums remaining unpaid against the Defendant(s) herein. Plaintiff further requests that the Plaintiff be awarded such further relief as may be just and equitable. SUBMITTED this tac day of A 2017. I HEREBY CERTIFY that this petition in foreclosure is filed in good faith with full knowledge of the facts as presented, that the foregoing is true and correct, and that plaintiff possesses a valid legal interest in the subject real property upon which this suit is based. JOHN R. COOK Attorney for Plaintiffs 55 SW 3rd AV. Okeechobee, Florida 34972 (863) 467-0297 Florida Bar 262951