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Doc # 2014169851, OR BK 16861 Page 778, Number Pages: 7, Recorded 07/30/2014
03:38 PM, Ronnie Fussell CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $0.00 /I
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IN THE CIRCUIT COURT IN AND FOR FILED
DUVAL COUNTY, FLORIDA
CASE NO: 16-2012-CA-004773-FC-G JUL 0 7 2014
NAVY FEDERAL CREDIT UNION, ��I�
CLERK CIRCI COURT
Plaintiff,
VS.
THE UNKNOWN HEIRS, DEVISEES,
GRANTEES,ASSIGNEES, LIENORS,
CREDITORS, TRUSTEES AND OTHER
UKNOWN PERSONS OR UNKNOWN SPOUSES
CLAIMING BY,THROUGH, UNDER OR
AGAINST ROBERT SHALHOUB;NAVY
FEDERAL CREDIT UNION; GEORGE
SHALHOUB; STELLA S. JONES; CLERK OF
THE CIRCUIT COURT IN AND FOR DUVAL
COUNTY,A POLITICAL SUBDIVISION OF THE
STATE OF FLORIDA; UNKNOWN SPOUSE OF
GEORGE SHALHOUB; UNKNOWN SPOUSE
OF STELLA S. JONES, and any unknown heirs,
devisees, grantees,creditors, and other unknown
persons or unknown spouses claiming by,through
and under any of the above-named Defendants,
Defendants.
FINAL JUDGMENT FOR FORECLOSURE.
THIS ACTION came before the Court upon Non-Jury Trial on July 7, 2014 and the Court,
grants Plaintiffs Final Judgment. It is therefore
ORDERED AND ADJUDGED:
1. JURISDICTION OVER THE PARTIES AND SUBJECT MATTER:
This Court has jurisdiction over foreclosure cases pursuant to Florida Statutes. Service of
process has been secured upon all Defendants.
2. THE DEBT AND ITS VALIDITY:
Plaintiff holds a lien for the total sum in this Final Judgment which is superior, prior and
paramount to the right, title, interest, claims, liens, encumbrances and equities of the following
Defendants: THE UNKNOWN HEIRS, DEVISEES, GRANTEES, ASSIGNEES, LIENORS,
CREDITORS, TRUSTEES AND OTHER UKNOWN PERSONS OR UNKNOWN SPOUSES
CLAIMING BY, THROUGH, UNDER OR AGAINST ROBERT SHALHOUB; NAVY
BSH#314214
OR BK 16861 PAGE 779
FEDERAL CREDIT UNION; GEORGE SHALHOUB; STELLA S. JONES; CLERK OF THE
CIRCUIT COURT IN AND FOR DUVAL COUNTY, A POLITICAL SUBDIVISION Ol- TI IE.
STATE OF FLORIDA; UNKNOWN SPOUSE OF GEORGE SHALHOUB; UNKNOWN
SPOUSE OF STELLA S. JONES, and any unknown heirs, devisees, grantees, creditors, and other
unknown persons or unknown spouses claiming by, through and under any of the above-named
Defendants, and all persons claiming any interest since the filing of the Lis Pendens on the
following real property:
SOUTH 47.5 FEET OF LOT 6,BLOCK 196, SECTION "H"
ATLANTIC BEACH,AS RECORDED IN PLAT BOOK 18, PAGE
34,OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY,
FLORIDA.
3. PLAINTIFF'S LIEN ON PROPERTY & SUPERIORITY:
From the Affidavits in the file and the uncontested allegations of the Complaint, the correct
legal description of the property is as shown hereinabove. Plaintiff has a lien upon the real estate
hereinafter described and such lien and security interests are prior, paramount and superior to the
right, title, interest, claims, liens, encumbrances and equities of all Defendants and all persons
claiming any interest since the filing of the Lis Pendens in the property described above.
THIS JUDGMENT IS AGAINST THE UNKNOWN HEIRS, DEVISEES, GRANTEES,
ASSIGNEES, LIENORS, CREDITORS, TRUSTEES AND OTHER UKNOWN PERSONS OR
UNKNOWN SPOUSES CLAIMING BY, THROUGH, UNDER OR AGAINST ROBERT
SHALHOUB IN REM, AND AS RECORD TITLE OWNERS TO THE REAL. PROPERTY
HEREIN DESCRIBED. All other Defendants' interests are in the form of inferior liens to
Plaintiffs Note and Mortgage. As such said liens are extinguished subject to any statutory right
of redemption as outlined further in this Final Judgment.
4. DAMAGES:
There is now due and owing to Plaintiff under the note and mortgage sued upon herein,the
following sums of money,to-wit:
PRINCIPAL BALANCE DUE $138,000.00
Court Costs Due $3,191.74
Taxes $1,864.32
Insurance $1,360.59
Late Fees $918.68
Property Inspection $480.00
NSF Fees $87.00
Sub Total $145,901.30
B&H#314214
OR BK 16861 PAGE 780
Interest on Principal Balance
from July 1,2011
To July 7,2014
$26,685.69
TOTAL DUE $172,587.99
5. ADDITIONAL COSTS& ADVANCES:
5.1. Any third party bidder is responsible for paying the Registry Fee and Documentary
Stamps. The Clerk shall compute the Registry Fee and Documentary Stamps and
collect said amounts from the third party bidder. Also, additional advances made by
Plaintiff such as real estate taxes, insurance, and superior mortgagee payments may
be added upon filing of an affidavit listing them. Any such amount will be added to
the total bid.
5.2. Additionally, the total sum due Plaintiff shall include publication of Notice of Sale
costs, interest at the legal rate per Sect. 55.03, F.S.(1994), from the date of this Final
Judgment to the date of sale. Said interest shall be applied in accordance with
paragraph 5 above.
6. CLERK'S SALE:
DIRECTIONS TO SELL: Unless the Defendants shall, at any time prior to the sale of the
real estate and other property and fixtures heretofore described, pay to the Plaintiff or its
attorneys,the total sums found to be due Plaintiff, then said property shall be sold by the Clerk of
the Court to the highest bidder for cash at public sale, free and clear of all right, title, interest,
claim, lien, encumbrance, remainder, reversion, homestead, dower or equity of redemption
whatsoever of the Defendants named herein, and all persons, firms or corporations claiming
interest in said property subsequent to the filing of the Notice of Lis Pendens. If subsequent to
the date of Plaintiff's Affidavit of Indebtedness and prior to the foreclosure sale, Plaintiff shall be
required to advance any monies to protect its mortgage lien,then Plaintiff or its attorneys shall so
certify to the Clerk of this Court, and the amount found due to Plaintiff shall be increased by the
amount of such advances without further order of the Court.
6.1. DATE: If the total sum with interest at the rate prescribed by law(4.75%)and all costs
of this action accruing subsequent to this judgment are not paid,the Clerk of this Court
shall sell the property at public sale t the highest bidder for cash, except as set further
hereinafter, on fU at 11:00 A.M. at
www.duval.realforeel se.eom in accordan with Chapter 45, Florida Statutes.
Promptly after such sale the Clerk shall complete and file a Certificate of Sale. If
Plaintiff is the successful bidder at foreclosure sale it has the right to assign its bid by
filing an Assignment of Bid form naming the party to which the bid has been assigned.
The Clerk of the Circuit Court is to issue the Certificate of Title in accordance with
B&H#314214
OR BK 16861 PAGE 781
s
Plaintiffs Assignment of Bid without further order of Court.
6.2. PLAINTIFF'S BID RIGHTS: Plaintiff is hereby given leave to bid at said sale and to
apply against any bid made by it the amount found to be due Plaintiff in this Final
Judgment. Section 45.031(2) F.S. requires that the high bidder post with the Clerk a
deposit equal to five percent of the final bid. However, if the Plaintiff or its assignee is
the successful bidder, they are excluded from the deposit requirement. In the event that
the successful bidder fails to place the requisite deposit in accordance with Florida
Statutes with the Clerk, said bid is void. Additionally,if the final payment is not made
within the prescribed period,the clerk shall re-advertise the sale and pay all costs of the
sale from the deposit in accordance with Florida Statutes. Any remaining funds shall be
applied toward the judgment.
6.3. CLERK'S DISBURSEMENT: Out of the proceeds arising from the sale, the Clerk
shall retain their fee, then shall pay to the attorneys for Plaintiff the attorney's fees and
Court costs allowed by this Court in this Judgment, and this shall be in a separate
check made payable to Butler& Hosch, P.A., and mailed to 3185 S. Conway Rd., Ste.
E, Orlando, Florida 32812. From the remainder of the proceeds, as far as they shall
apply in satisfying the Plaintiffs remaining sum due, they are to send their check to
Butler& Hosch,P.A.,at the above address,and payable to Plaintiff.
6.4. SURPLUS FUNDS: 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 this Final Judgment. If said real property
and other property shall sell for more than enough to pay Plaintiff all sums due it, then
the Clerk shall report any surplus proceeds to this Court. The Clerk of Court shall hold
the surplus in the Registry of this Court. Thereafter,upon motion and notice of hearing
to all parties, even those defaulted, the Court will adjudicate the rights thereto
according to law and equity. GENERAL BANK v. WESTBROOK POINTE IN
548 So.2d 736,(Fla. 3rd DCA 1989).
Subordinate lienholders claiming a right to funds remaining after the sale, must
file a claim with the clerk no later than 60 days after the sale. If a subordinate
lienholder fails to file a claim,said lienholder 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, Duval County Clerk of
the Circuit Court c/o Jim Fuller, Clerk 501 West Adams Street Jacksonville,
Florida 32202, within ten (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
B&H#314214
OR BK 16861 PAGE 782
r
someone else, preferably an attorney who is not related to the person offering to
help you, to make sure that you 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
Jacksonville Area Legal Aid at(904)356-8371 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 Jacksonville
Area Legal Aid for assistance,you should do so as soon as possible after receipt
of this notice.
6.5. U.S.A. REDEMPTION: The right of redemption of any Defendant other than the
United States of America is terminated upon the issuance of the Certificate of Sale
by the Clerk of Court pursuant to the provisions of Florida Statutes Chapter 45. If
the United States of America is a Defendant, it shall be accorded its right of
redemption pursuant to 28 U.S.C. Sec. 2410 (c), from the date of the foreclosure
sale.
6.6. 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 otherwise
stated in this Judgment or as to claims or rights under chapter 718 or chapter 720,
Florida Statutes, if any.
7. TITLE TO SUCCESSFUL BIDDER:
If no objections to said sale are filed in this proceeding within ten days from the filing of the
Certificate of Sale,the Clerk shall forthwith complete and file a Certificate of Title as prescribed by
law, after which the sale of the real estate and other property and fixtures shall stand confirmed as
certified by the Clerk. Title shall pass fully and completely to the purchaser named in the
Certificate of Title free and clear of any right, title, interest, estate, claim or other equity of the
Defendants or any person claiming by,through or under them or any person claiming any interest in
said real estate or other property and fixtures herein ordered to be sold shall stand confirmed as
certified by the Clerk. Title to the real estate and other properties sold shall pass fully and
completely to the purchaser named in the Certificate of Title, free and clear of any right, title,
interest estate, claim or other equity of the Defendants or any person claiming by, through or under
them or any person claiming any interest in said real estate or other property and fixtures since the
filing of the Notice of Lis Pendens herein. Plaintiff if successor bidder at the foreclosure sale, may
assign its Bid by filing a Notice of Assignment and the Clerk of the Court shall issue the Certificate
of Title to said assignee without further Order of Court.
7.1. CERTIFICATE OF TITLE: On filing the Certificate of Title the defendants in this
action as mentioned above and all persons claiming under or against said defendants
since the filing of the Lis Pendens shall be foreclosed of all estate or claim in the
real property and the purchaser at the sale shall be let into possession of the
property, subject to the provisions of the "Protecting Tenant at Foreclosure Act of
2009."
B&H#314214
OR BK 16861 PAGE 783
8. WRITS OF POSSESSION ISSUANCE:
If the Plaintiff is the purchaser at the sale, Plaintiff, its heirs, representatives, successors or
assigns shall be placed in immediate possession of the aforedescribed premises. In the event the
defendants fail to vacate said premises within ten days of the date of the foreclosure sale as
provided above, the Clerk of the Court is directed to issue a Writ of Possession to the Plaintiff
forthwith and upon further Order from this Court for the premises located at 1102 Hibiscus Street,
Atlantic Beach,FL 32233.
9. COMPLIANCE WITH FLORIDA STATUTES CHAPTER 55
Pursuant to Florida Statutes Chapter 55 the following is the address of the Plaintiff: Navy Federal
Credit Union Mika Harris PO Box 23800 Merrifield,VA 22119.
10. RETENTION OF JURISDICTION:
This Court retains jurisdiction for the purpose of making any further orders and judgments
as may be necessary and appropriate herein,including but not limited to all claims for deficiencies.
DONE AND ORDERED in Chambers at Jacksonville, Duv 1 County, Florida this 7`h day
of July,2014.
Circuit Judge
Copies to:
Brian T. Dunmire, Esquire
BUTLER&HOSCH,P.A.
3185 South Conway Road, Suite E
Orlando,Florida 32812
Attorney for Plaintiff
bd98389@butlerandhosch.com
FLPleadings @butlerandhosch.com
Navy Federal Credit Union
c/o: President,Vice President or any other person authorized to accept
820 Follin Lane
Vienna,VA 22180
Stephen J. Powell,Esq
Office of General Counsel
117 West Duval Street,Suite 480
Jacksonville,Florida 32202
spowell @coj.net
mstone @coj.net
Attorney Ad Litem for Defendant Clerk of the Circuit Court in and for Duval County, a Political
Subdivision of the State of Florida
B&H#314214
OR BK 16861 PAGE 784
Sidney Lewis,Esquire
300 W. Adams St. Ste. 300
Jacksonville,FL 32202
slewis @sidneyelewis.com
Attorney for Defendant George Shalhoub
Attorney for Defendant Stella S. Jones
Attorney Ad Litem for Defendant e �oeUnknown s Hoe�rU ownsSpouseseclaim claiming by,� through,
Creditors,. Trustees and
under or against Robert Shalhoub
Attorney Ad Litem for Defendant Robert Shalhoub
B&H#314214
Primary Site Address Official Record Book/Page Tile#
SHALHOUB ROBERT ESTATE 1102 HIBISCUS ST 07539-01269 9417
1102 HIBISCUS ST Atlantic Beach FL 32233
ATLANTIC BEACH, FL 32233-2657
1102 HIBISCUS ST
Property Detail Value Summa
RE# 171012-0050
_-.-_ Value Method CAMA CAMA
Tax District USD3
Total Building Value $64,626.00 $66,082.00
Property Use 0100 SINGLE FAMILY
Extra Feature Value $1,183.00 $1,169.00
#of Buildings 1
-- Land Value(Market) $35,489.00 $35,489.00
18-34 38-2S-29E.169
Legal Desc. ATLANTIC BEACH SEC H Land lue(Agric.) $0.00 $0.00
Subdivision 03119 ATLANTIC BEACH SEC H Just(Market)Value $101,298.00 $102,740.00
Total Area 7604 Assessed Value $100,790.00 $102,740.00
11- ----
The sale of this property may result in higher property taxes.For more information go to Cap Diff/Pogtabiltty Amt $508.00/$0.00 $0.00/$0.00
Save Our Homes and our Property Tax Estimator.Property values,exemptions and other Exemptions $0.00 See below
information listed as'In Progress'are subject to change.These numbers are part of the 2014 Taxable Value $100,790.00 See below
working tax roll and will not be certified until October.Learn how the Prpperty Appraiser's
Office values property.
+
Taxable Values and Exemptions—In Progress
If there are no exemptions applicable to a taxing authority,the Taxable Value is the same as the Assessed Value listed above in the Value Summary box.
County/Municipal Taxable Value SJRWMD/FIND Taxable Value School Taxable Value
No applicable exemptions No applicable exemptions No applicable exemptions
+
Hi
Sales sto iry ales Sale Date Sale Price Deed Instrument Type Cod Unqualified Vacant/Improved
07539 01269 3/9/1993 $100.00 WD-Warranty Deed I Unqualified Improved
07312 01742 4/10/1990 $64,300.00 WD-Warranty Deed Qualified Improved
n7280 02124 1 1/16/1992 I $100.00 WD-Warranty Deed Unqualified Vacant
06972-02014 9/24/1990 $13,000.00 WD-Warranty Deed Unqualified Improved
06966-01422 1 9/4/1990 $1,000.00 CT-Certificate of Title I Unqualified Vacant
06828-01081 1 1/22/1990 $6,909.00 (MS-Miscellaneous ,Unqualified Vacant
06690-00780 4/15/1989 $100.00 I QC-Quit Claim I Unqualified Vacant
06386-00600 (8/11/1987 $13,000.00 (f WD-Warranty Deed I Unqualified Vacant
00000-00000 1 9/10/1984 $0.00 I MS-Miscellaneous I Unqualified Vacant
Extra Features
LN Feature Code Feature Description Bldg. Length Width Total Units Value
1 I FPPR7 I Fireplace Prefab 1 0 0 1.00 $1,169.00
Land&Legal
Land Le al
LN I Code Use Description Zoning Front Depth Category Land Units Land Tvce Land Value LN I Legal Description
1 0101 (RES MD 8-19 UNITS PER AC ARG 72.50 ( 102.00 (Common 72.50 (Front Footage $35,489.00 I 1 18-34 17-2S-29E.169
2 I ATLANTIC BEACH SEC H
3 S 47.5FT LOT 6,N1/2 STREET LYING
S
4 THEREOF CL BY U/R BCH ORD#65-
84-10
5 BLK 196
Buildings
Building 1 --
Building 1 Site Address Element Code Detail
1102 HIBISCUS ST
Atlantic Beach FL 32233 Exterior Wall i 16 � 16 Tile/Frame Stucco
Roofing Structure 3 3 Gable or Hip
Building Type 0105-TOWNHOUSE Roofing Cover 3 3 Asph/Comp Shingle
Year Built 1992 Interior Wall 5 5 Drywall
Building Value $66,082.00 Int Flooring 14 14 Carpet
Int Flooring 11 11Ceramic Clay Tile
http://apps.coj.net/pao_propertySearch/Basic/Detail.aspx?RE=1710120050
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