14-02090C

FIRST INSERTION
SECOND AMENDED ORDER GRANTING SUMMERLIN ASSET MANAGEMENT V TRUST,
U.S. BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE'S MOTION FOR ORDER TO SHOW CAUSE FOR THE ENTRY OF FINAL JUDGMENT OF FORECLOSURE
IN THE CIRCUIT COURT OF THE
20TH JUDICIAL CIRCUIT
IN AND FOR COLLIER
COUNTY, FLORIDA
CASE NO.
11-2014-CA-000661-0001-XX
SUMMERLIN ASSET MANAGEMENT V TRUST, U.S. BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE,
Plaintiff, v.
MARIA DEL CARMEN RENDON, WILLIAM PENA, THE RESERVE AT NAPLES CONDOMINIUM ASSOCIATION, INC., JP MORGAN CHASE BANK, N.A., AS ADMINISTRATOR FOR HOMEBANC SYNDICATE LENDERS, UNKNOWN TENANT #1 and UNKNOWN TENANT #2,
Defendants.
THIS CAUSE having come before this Court upon the request of Plaintiff, Summerlin Asset Management V Trust, U.S. Bank Trust National Association, As Trustee, for entry of an Order directing Defendants Maria Del Carmen Rendon; William Pena; The Reserve At Naples Condominium Association, Inc.; JP Morgan Chase Bank, N.A., As Administrator For Homebanc Syndicate Lenders; Unknown Tenant #1; and Unknown Tenant #2 (collectively, the “Defendants”) to show cause why a final judgment of foreclosure should not be entered against them in this matter, and the Court having considered this matter and being otherwise fully advised in the premises, it is hereby
ORDERED AND ADJUDGED as follows:
1. Plaintiff, Summerlin Asset Management V Trust, U.S. Bank Trust National Association As Trustee's Motion For Order To Show Cause For The Entry of Final Judgment of Foreclosure is GRANTED.
2. The Court shall issue an order to show cause pursuant to Florida Statute 702.10. A hearing on the Court's Order to Show Cause shall take place on August 25, 2014, at 3:00 p.m. at Dwight E. Brock, Collier County Clerk of the Circuit Court, 3315 Tamiami Trail East, Ste. 102, Naples, FL 34112-5324 in Courtroom 3-C.
3. The Plaintiff shall serve a copy of this Order and the Verified Complaint upon all Defendants on or before July 22, 2014 in the manners prescribed by Fla. Stat. s. 702.10(1)(a)(9).
4. The filing of any defenses by a motion, a responsive pleading, an affidavit, or other papers at any time before the hearing to show cause that raise a genuine issue of material fact which would preclude the entry of summary judgment or otherwise constitute a legal defense to foreclosure shall constitute cause for the court not to enter final judgment.
5. All Defendants shall have the right to file affidavits or other papers before the time of the hearing to show cause and may appear personally or by way of an attorney at the hearing.
6. If a Defendant files defenses by a motion, a verified or sworn answer, affidavits, or other papers or appears personally or by way of an attorney at the time of the hearing, the hearing time will be used to hear and consider whether such Defendant's motion, answer, affidavits, other papers, and other evidence and argument as may be presented by such Defendant or such Defendant's attorney raise a genuine issue of material fact which would preclude the entry of summary judgment or otherwise constitute a legal defense to foreclosure.
7. The Court may enter an order of final judgment of foreclosure at the hearing and order the clerk of the court to conduct a foreclosure sale. A copy of a proposed Final Judgment of Foreclosure is attached hereto.
8. If a Defendant fails to appear at the hearing to show cause or fails to file defenses by a motion or by a verified or sworn answer or files an answer not contesting the foreclosure, such Defendant may be considered to have waived the right to a hearing, and in such case, the Court may enter a default against such Defendant and, if appropriate, a final judgment of foreclosure ordering the clerk of the court to conduct a foreclosure sale.
9. If the mortgage at issue in this action provides for the recovery of reasonable attorney's fees and the attorney's fees requested by the Plaintiff do not exceed 3 percent of the principal amount owed at the time of filing the complaint, or $8,400.00, then it is unnecessary for the Court to hold a hearing or adjudge the requested attorney fees to be reasonable and such attorney's fees will be approved and incorporated into the Final Judgment of Foreclosure.
DONE AND ORDERED at Collier County, Florida on this 24th day of July, 2014.
CIRCUIT COURT JUDGE
August 8, 15, 2014 14-02090C