Instr# 115388104 , Page 1 of 4, Recorded 10/16/2018 at 12:17 PM

Broward County Commission

,;

• CFN 20180392544
Filing# 79291769 E-Filed 10/12/2018 05:09:58 PM OR BK 30184 PG 1587
RECORDED 10/15/201814:45:03
Palm.Beach County, Florida
AMT
IN THE CIRCUIT COURT OF THE Sharon R. Bock
J- FIFTEENTH JUDICIAL CIRCUIT. IN AND
FOR P AIM BEACH COUNTY, FLORIDA
CLERK & COMPTROLLER ·
Pgs 1587-1590; (4Pgs)

CASE NO.: 502016-CA-009292 AH

FIRST AMERICAN BANK, as

successor by merger to Banko f
Coral Gables, LLC,

Plaintiff,

v.

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

Defendants.
_________!

AMENDED FINAL JUDGMENT OF FORECLOSURE

THIS CAU.SE came on before this Court upon the Mandate issued by the Fourth District

Court of Appeal dated September 7, 2018, and, its Opinion dated July 25, 2018, and

accordingly, this Court enters this Amended Final Judgment of Foreclosure as follows:

The Cause having come before this Court upon the Motion for Summary Judgment filed

by FirstAmericanBankwhichwas heard by the Courtata45-rninute specially set hearing on

Monday, June 26, 2017, and the Court, having heard and considered argument fiomFirst

American Bank, it is

ORDERED AND ADJUDGED THAT:

I

1. Judgment is GRANTED in favor of Plaintiff, FIRST AMERICAN B ~ 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:

Principal $1,488,554.76

Interest from March 16, 2016 to date of this Judgment $69,64652

Page 1 of 4

FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 10/12/2018 05:09:58 PM
Instr# 115388104 , Page 2 of 4

CFN 20180392544
BOOK 30184 PAGE 1588
Case No. 50-2016-CA-009292-XXXX-MB 2 OF4

Florida Ad Valorem'real property taxes for 2014, 2015 and 2016 $66,870.93

Total $1,625,072.21 .

That shall bear interest at the rate of 5.05% per year. · Interest began accruing as of June

26, 2017, the date the FinalJudgment was entered.

3. Lien of 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 inPalmBeach County, Florida:

"Lot 37 of the Fox Hill Estates of Boca Raton, according to the Plat thereof, as
recorded inPlatBook87, Page 4, of the Public Records of PalmBeachCounty,
Florida."
Commonly known as 17685 Circle Pond Comt, Boca Raton, Florida 33496-1002

("Property").

4. Sale of.Property. The Court is withholding having a sale of the Property,

pending application by Plaintiff, FIRST AMERICAN BANK, requesting a sale of the

Property and certifying that the Amended Final Judgment, dated June 30, 2017

("Monetary Judgment''), awarding damages has not been satisfied. Upon application by

Plaintiff, FIRST AMERICAN BANK, requesting a sale of the Property and certifying

that the Monetary Judgment has not been satisfied, this Court shall enter an Order

instructing the Clerk of Court to sell the Property.

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 that the

purchaser of the Property for sale shall be responsible for the documentary stamps

payable on the certificate of title. 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 th~ certificate of title the Clerk shall

I
distribute the proceeds of the sale, so far as they are sufficient, by paying: first, all of

Page 2 of 4
Instr# 115388104 , Page 3 of 4

CFN 20180392544
BOOK 30184 PAGE 1589
Case No. 50-2016-CA-009292-XXXX-MB. 3 OF 4

Plaintiff's costs; second, documentary stamps affixed to the certificate; third, Plaintiff's

attorneys' fees; fourth, the total sum.due to plaintiff, less the items paid, plus interest at

the rate prescribed inParagraph2 from this date to the date of the sale; and by retaining

any remaining amount pending further order of this Court.

7. Right of Redemption/Right of Possession. On filing the certificate of sale,

Defendants and all persons claiming under or against Defendants since the filing of the

Notice of Lis Pendens shall be foreclosed of all estate or claim in the Property and

Defendants' right ofredemption as prescribed by section 45.0315, Florida Statutes

(2013) shall be terminated, exc_ept as to claims or rights under chapter 718 or chapter 720,

Florida Statutes, if any. Upon the filing of the certificate of title, the person named on the

certificate of title shall be let into possession of the Property.

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 Court will retain jurisdiction to determine the total amounts of attorneys'

fees, costs and expenses to which Plaintiff is entitled.

9. Jurisdiction Retained. Jurisdiction of this action is retained to enter further

orders that are proper including, without limitation, a deficiency judgment.

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.

Page 3 of 4
Instr# 115388104 , Page 4 of 4, End of Document

CFN 20180392544
BOOK 30184 PAGE 1590
Case No. 50-2016-CA-009292-XXXX-MB 40F4

IF YOU ARE A SUBORDINATE LlENHOLDER 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 CLAJM, YOU WILL

NOT BE ENTITLED TO ANY REMAINING FUNDS.

. r-: .~; ,.
DONE AND ORDERED in WestPalmBeach, PalmBeachComty, Florida.
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· Copies furnished to:

Henry H. Bolz, III, Esq.

Keller & Bolz, LLP
Attorneys for First American Banlc
121 Majorca Avenue, #200
Coral Gables, FL 33134
Email: hbolz@kellerbolz.com

Ryan D. Gesten, Esq.

The Law Offices of Ryan D. Gesten, PA
Attorneys for Laurence and Stephanie Schneider
200 South Andrews Avenue, 9 th Floor
Fort Lauderdale, FL 33301
Email: ryan@gestenlaw.com

Aleksandra Novakovich Gonzalez, Esq.

Sachs, Sax, Caplan
Attorneys for The Oaks atBocaRatonPropertyOwners' Association, Inc.
6111 Broken Sound Parkway, N.W., #200,
Boca Raton, FL 33487
Email: agonzalez@ssclawfirm.com

Page 4 of 4

I hereby certify the foregoing is a true copy of the record in my office

with redactions, if any as required by law as of_this day, Oct 16, 2018.
Sharon R. B , Clerk and ol er,y,Im Beach County, Florida
BY -----+-4'-+,!,.,4?,:i,~~:z.:=:.~;...::::.1....!::Z=t.:::...~~- Deputy Clerk