Filing# 103969213 E-Filed 02/26/2020 04:33:12 PM

IN THE CIRCUIT COURT OF

THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA

CASE NO.: 502016-CA-00929 2 DMSION AH

FIRST AMERICAN BANK, as

successor by merger to Bank.of
Coral Gables, LLC,

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Plaintiff,

v.

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LAURENCE S. SCHNEIDER,
STEPHANIE L. SCHNEIDER, et al.,

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Defendants.

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__________ !

AMENDED FINAL JUDGMENT OF FORECLOSURE {SUPPLEMENTA L

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JUDGMENT}

THIS ACTION came before the Court upon the Motion for Summary Judgment filed by
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Plaintiff, FIRST AMERICAN BANK, the Amended Final Judgment of Foreclosure dated
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October 12, 2018, the Mandate issued by the Fourth District Court of Appeal dated September 7,

2018, and, its Opinion dated July 25, 2018, Plaintiff's Motion for Assessment of Attorneys'
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Fees, Costs and Expenses, Motion for Assessment of Appellate Attorneys' Fees, Motion to

Tax Appellate Costs, and Supplement to Motion to Tax Expert Witness Fees and Expenses, this
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Court's Order dated February 11, 2020 Granting Plaintiff's, FIRST AMERICAN BANK, Motion
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for Assessment of Attorneys' Fees, Costs and Expenses [DE 235] (including the Supplement
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thereto [DE 367]), Motion for Assessment of Appellate Attorneys' Fees [DE 237], Motion to
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Tax Appellate Costs [DE 217] Plaintiff's Amended Application for Sale of Property dated

February 3, 2020 and Plaintiff's Motion for Entry of Supplemental Judgments [DE 380].

Accordingly, this Court enters this Amended Final Judgment of Foreclosure (Supplemental

Judgment) and it is

ORDERED AND ADJUDGED THAT: D.E. 384 Amended Final

Judgment

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FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 02/26/2020 04:33:12 PM
Case No.50-2016-CA-0 09292-XXXX-MB

1. Judgment is GRANTED in favor of Plaintiff, FIRST AMERICAN BANK, and against

Defendants, LAURENCE S. SCHNEIDER, STEPHANIE L. SCHNEIDER and THE OAKS

AT BOCA RATON PROPERTY OWNERS' ASSOCIATION, INC.

2. Amounts Due. Plaintiff, FIRST AMERICAN BANK, 2295 Galiano Street, Coral

Gables, Florida 33134, is due:

a. Principal $1,488,554.76

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b. Pre-judgment interest from March 16, 2016
to date Final Judgment of Foreclosure was entered $69,646.52

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c. Florida Ad Valorem/real property taxes for 2014, 2015 and 2016 $66,870.93

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Sub-total $1,625,072.71
d. Post-judgment interest accruing as of June 26, 2017 (date

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Final Judgment was entered to November 05, 2018
(date cash bond delivered to Plaintiff) on $1,625,072.71 $111,745.48

Pursuant to the Order Granting Plaintiff's Motion

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To Disburse Cash Bond, the Clerk of Court disbursed
the $115,000.00 cash bond to Plaintiff ($115,000.00)
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e. Post-judgment interest accruing as of November 06, 2018

to February 26, 2020 on$1,510,072.71 ($1,625,072.71
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less $115,000.00 cash bond payment) $99,659.61

f. Attorneys' Fees $426,479.50

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g. Pre-supplemental judgment interest on Attorneys' Fees

in the State Action from June 26, 2017 through
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February 11, 2020 $39,187.20

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h. Pre-supplemental judgment interest on Attorneys' Fees

in the Appeal from July 25, 2018 through
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February 11, 2020 $6,271.28

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1. Pre-supplemental judgment interest on Attorneys' Fees

in the Federal Action from January 31, 2018 through
February 11, 2020 $5,268.51

j. Costs and Expenses (including Florida Ad Valorem/real

property taxes for 2017) $30,464.54

k. Expert Witness Fees and Expenses $48,389.50

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Total $2,277,537.83

With the exception of those items described in paragraphs 2(d) and (e) above, the sums due shall

bear interest at the rate of 6.83% per year.

3. Lien on Property. Plaintiff, FIRST AMERICAN BANK, holds a lien for the total sum

superior to all claims or estates of Defendants, on the following described property in Palm

Beach County, Florida:

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"Lot 37 of the Fox Hill Estates of Boca Raton, according to the Plat thereof, as
recorded in Plat Book 87, Page 4, of the Public Records of Palm Beach County,
Florida."

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Commonly known as 17685 Circle Pond Court, Boca Raton, Florida 33496-1002 ("Property").

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4. Sale of Property. If the total sum with interest at the rate described in paragraph 2 and

all costs accrued subsequent to this judgment arc not paid, the Clerk of this Court shall sell the

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property at public sale on April 1, 2020, to the highest bidder for cash, except as prescribed in

paragraph 5, at the courthouse located at 205 N. Dixie Highway in Palm Beach County in West
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Palm Beach, Florida in accordance with section 45.031, Florida Statutes, using the following
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method: By electronic sale beginning at 10:00 a.m on the prescribed date at

https://rnypalmbeachclerkclerkauction.com
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5. Costs. Plaintiff, FIRST AMERICAN BANK, shall advance all subsequent costs of this

action and shall be reimbursed for them by the Clerk if Plaintiff, FIRST AMERICAN BANK, is
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not the purchaser of the Property for sale, provided, however, that the purchaser of the Property
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for sale shall be responsible for the documentary stamps payable on the certificate of title.

Without further order of this Court, the Clerk shall increase the amount of the Amended Final
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Judgment of Foreclosure (Supplemental Judgment), upon proof of payment by Plaintiff, FIRST

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AMERICAN BANK, to the Clerk of the subsequent costs incurred by Plaintiff, FIRST
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AMERICAN BANK, including, but not limited to, payments of Florida Ad Valorem/real property

taxes. if Plaintiff, FIRST AMERICAN BANK, is the purchaser, the Clerk shall credit Plaintiff's

bid with the total sum with interest and costs accruing subsequent to this Judgment, or such part

of it as is necessary to pay the bid in full.

6. Distribution of Proceeds. On filing the certificate of title the Clerk shall distribute the

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proceeds of the sale, so far as they are sufficient, by paying:

First, all Plaintiff's costs and expenses awarded in this Amended Final Judgment of

Foreclosure (Supplemental Judgment), including expert witness fees and expenses and

all subsequent costs of this action incurred by Plaintiff, including payments of Florida Ad

Valorem'real property taxes;

Second, documentary stamps affixed to the certificate of title;

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Third, all attorneys' fees awarded in this Amended Final Judgment of Foreclosure

(Supplemental Judgment);

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Fourth, all Florida Ad Valorem/real property taxes that are due and unpaid against the

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Property in accordance with section 197.217, Florida Statutes;

Fifth, the total sum due to Plaintiff, less the items paid, if any, plus interest at the rates

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prescribed in paragraph 2 from this date to the date of the sale; and by retaining any

remaining amount pending further order of this Court.

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7. Right of Redemption/R ight of Possession. On filing the certificate of sale,
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defendant(s) and all persons claiming under or against defcndant(s) since the filing of the notice

of !is pendens shall be foreclosed of all estate or claim in the Property and defendant's right of
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redemption as prescribed by section 45.0315, Florida Statutes, shall be terminated, except as to

claims or rights under chapter 718 or chapter 720, Florida Statutes, if any. Upon the filing of the
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certificate of title, the person named on the certificate of title shall be let into possession of the
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Property, subject to the rights of a tenant occupying residential premises pursuant to section

83.561, Florida Statutes.

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8. Attorneys' Fees. The Court finds that Plaintiff, FIRST AMERICAN BANK, is entitled
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to reasonable attorneys' fees, costs and expenses incurred in connection with this action. The
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Court will retainjurisdiction to determine the total amounts of attorneys' fees, costs and

expenses to which Plaintiff is entitled.

9. Jurisdiction Retained and Effect of Supplementat ion of Amended Final Judgment

of Foreclosure. Except to the extent that the Court has entered this supplement to the Amended

Final Judgment of Foreclosure which awards Plaintiff fees, interest, costs and expenses, and the

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Court has also ordered sale of the Property and Distribution of funds, all other tcITTJS, conditions

and aspect of said Amended Final Judgment of Foreclosure [DE #225] shall remain in full force

and effect, without modification or amendment, except as may be supplemented by this Court in

the future. Jurisdiction of this action is retained to enter further orders that are proper including,

without limitation, a deficiency judgment.

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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
AMENDED FINAL JUDGMENT OF FORECLOSURE (SUPPLEMENTA L

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JUDGMENT).

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IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS
REMAINING AFTER THE SALE, IF ANY, YOU MUST FILE A CLAIM WITH THE

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CLERK NO LATER THAN THE DATE THAT THE CLERK REPORTS THE FUNDS
AS UNCLAIMED. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE
ENTITLED TO ANY REMAINING FUNDS.
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DONE AND ORDERED in West Palm Beach, Palm Beach County, Florida.

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h 50-2016;cA:oo9292·XXX X•MB_02/26/{02~
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50-2016-CA-009292-XX XX-.MB 02/26/2020

Lisa S. Small
Judge
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Copies furnished to:

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John W. Keller, lll. Esq.

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Henry H. Bolz, III, Esq.

Keller & Bolz, LLP
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Attorneys for First American Bank

121 Majorca Avenue, #200
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Coral Gables, FL 33134

Email:jkeller@kell erbolz.com
Email: hbolz@kellerbolz. com

Andrew D. Wyman, Esq.

Wyman Legal Solutions
Attorneys for Laurence S. Schneider and
Stephanie L. Schneider
4800 N. Federal Highway, Suite 205B

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Case No.50-2016-CA-0 09292-XXXX-MB

Boca Raton, FL 33431

Email: andy@wyrnanle gals o lutio ns .corn

Charles F. Rodman, Esq.

Rodman Employment Law
Attorneys for Laurence S. Schneider and
Stephanie L. Schneider
181 Wells Avenue, #201,
Newton, MA 02459
Email: chuck.rodman@rodmanernployrnentlaw.com

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Aleksandra Novakovich Gonzalez, Esq.
Sachs, Sax, Caplan

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Attorneys for The Oaks at Boca Raton Property Owners' Association, Inc.
6111 Broken Sound Parkway, N .W., #200,

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Boca Raton, FL 33487
Email: agonzalez@ssclaw firmcom

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Geoffrey M. Cahen, Esq.
Cahen Law, PA.,
Attorneys for It's A New Day Corporation,
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Real Estate & Finance, Inc., S&A
Capital Partners, Inc. Mortgage
Resolution Servicing, LLC and
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1' 1 Fidelity Loan Servicing, LLC

1900 Glades Road, Suite 270
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Boca Raton, FL 33431

Email: geoff@cahenlaw.c om
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