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Plaintiff,
V.
LAURENCE S. SCHNEJDER,
STEPHANIE L. SCHNEIDER, et al.,
Defendants.
__________ !
JUDGMENT)
THIS ACTION came before the Court upon the Motion for Summa1y Judgment filed by
Plaintiff, FIRST AMERICAN BANK, the Amended Final Judgment of Foreclosure dated
October 12, 2018, the Mandate issued by the FoU1ih District Comi of Appeal dated September 7,
2018, and, its Opinion dated July 25, 2018, Plaintiff's Motion for Assessment of Attorneys'
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
Court's Order dated February 11, 2020 Granting Plaintiff's, FlRST AMERICAN BANK, Motion
for Assessment of Attorneys' Fees, Costs and Expenses [DE 235] (including the Supplement
thereto [DE 367)), Motion for Assessment of Appellate Attorneys' Fees [DE 237], Motion to
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
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"A-31"
Case 9:20-cv-81728-DMM Document 17-31 Entered on FLSD Docket 10/21/2020 Page 2 of 6
2. Amounts Due. Plaintiff, FIRST AMERICAN BANK, 2295 Galiano Street, Coral
a. Principal $1,488,554.76
b. Pre-judgment interest from March 16, 2016
to date Final Judgment of Foreclosme was entered $69,646.52
c. Florida Ad Valorern/real property taxes for 2014, 2015 and 2016 $66,870.93
Sub-total $1,625,072.71
d. Post-judgment interest accruing as of June 26, 2017 (date
Final Judgment was entered to November 05, 2018
(date cash bond delivered to Plaintiff) on $1,625,072.71 $111,745.48
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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
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
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 are not paid, the Clerk of this Court shall se II the
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
Palm Beach, Florida in accordance with section 45.031, Florida Statutes, using the following
https://mypalmbeachclerkclerkauction.com.
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
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 ce1tificate of title.
Without further order of this Co rut, the Clerk shall increase the amount of the Amended Final
AMERICAN BANK, to the Clerk of the subsequent costs incurred by Plaintiff, FIRST
AMERICAN BANK, including, but not limited to, payments of Florida Ad Valorern/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 pait
6. Distribution of Proceeds. On filing the certificate of title the Clerk shall distribute the
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Case No.50-2016-CA-009292-XXXX-MB
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 inclllTed by Plaintiff, including payments of Florida Ad
Third, all attorneys' fees awarded in this Amended Final Judgment of Foreclosure
(Supplemental Judgment);
Fourth, all Florida Ad Valorenvreal property taxes that are due and unpaid against the
Fifth, the total sum due to Plaintiff, less the items paid, if any, plus interest at the rates
prescribed in paragraph 2 from this date to the date of the sale; and by retaining any
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 and defendant's right of
claims or rights under chapter 718 or chapter 720, Florida Statutes, if any. Upon the filing of the
ce11ificate of title, the person named on the certificate of title shall be let into possession of the
Property, subject to the rights of a tenant occupying residential premises pursuant to section
8. Attorneys' Fees. The Court finds that Plaintiff, FIRST AMERICAN BANK, is entitled
to reasonable attorneys' fees, costs and expenses incurred in connection with this action. The
Comi will retainjw·isdiction to detennine the total amounts of attorneys' fees, costs and
of Foreclosure. Except to the extent that the Collli 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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Case No.50-2016-CA-009292-XXXX-MB
Court has also ordered sale of the Property and Distribution of funds, all other terms, 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,
50-2016-CA-009292-XXXX-M.B 02/26/2020
Lisa S. Small
Judge
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