25-00509P

ORDER TO SHOW CAUSE FOR
ENTRY OF FINAL JUDGMENT OF MORTGAGE FORECLOSURE
IN THE CIRCUIT COURT OF THE
6TH JUDICIAL CIRCUIT, IN AND FOR PASCO COUNTY,
FLORIDA
CIVIL DIVISION:
CASE NO.:
51-2025-CA-000082-CAAX-WS
U.S. BANK NATIONAL
ASSOCIATION,
Plaintiff, vs.
UNKNOWN HEIRS,
BENEFICIARIES, DEVISEES,
ASSIGNEES, LIENORS,
CREDITORS, TRUSTEES AND ALL OTHERS WHO MAY CLAIM AN INTEREST IN THE ESTATE OF JORGE OLIVERA;
Defendants.
On the day and time of your hearing call 352-309-8039. You will hear music, stay on the line until your case is called. Our hearing line will accommodate up to 10 separate callers.
This cause of action having come from the court upon Plaintiff's, U.S. BANK NATIONAL ASSOCIATION, Motion for Order to Show Cause for entry of Final Judgment of Mortgage Foreclosure pursuant to
§702.10 Florida Statutes and the court having reviewed the Motion and the Verified Complaint, and being otherwise fully advised in the premises, it is therefore
ORDERED AND ADJUDGED:that
1. Defendants, UNKNOWN HEIRS, BENEFICIARIES, DEVISEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES AND ALL OTHERS WHO MAY CLAIM AN INTEREST IN THE ESTATE OF JORGE OLIVERA; DISCOVER BANK; FLORIDA HOUSING FINANCE CORPORATION; PASCO COUNTY, FLORIDA CLERK OF COURT; STATE OF FLORIDA DEPARTMENT OF REVENUE; JULIA P. CAVALIER A/K/A JULA P. OLIVERA; JORGE MAGNUSSEN OLIVERA; UNKNOWN TENANT, shall appear at a hearing on foreclosure is set for: May 29, 2025 at 1:30 p.m. reserved for 15 minutes, before the Honorable Kemba Lewis, Circuit Judge via TELEPHONIC HEARING at HEARING LINE NUMBER: (352)309-8039 to show cause why the attached Final Judgment of Mortgage Foreclosure should not be entered in this cause against the Defendants. This hearing shall be referred to in this Order as the “Show Cause Hearing.”
2. This order shall be served on the defendants in accordance with the Florida Rules of Civil Procedure and
§702.10(1)(a)(9), to wit:
a. If the Defendants have been served with the Verified Complaint and original process has already been effectuated, service of this Order may be made in the manner provided in the Florida Rules of Civil Procedure.
b. If the Defendants have not been served with the Verified Complaint and original process, the Order to Show Cause, together with the Summons and a copy of the Verified Complaint, shall be served on the Defendants in the same manner as provided by the law for original process.
3. The filing of defenses by a motion, a responsive pleading, an affidavit, or other papers 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.
4. Defendants have the right to file affidavits or other papers at the time of the Show Cause Hearing and may appear personally or by attorney at the Show Cause Hearing.
5. If Defendants file motions, the Show Cause Hearing time may be used to consider said motions.
6. Defendants failure to appear at the hearing or to file defenses by motion or by a verified or sworn answer may be deemed a waiver of the right to a hearing and in such a case, the Court may enter a final judgment of foreclosure ordering the Clerk of the Court to conduct a foreclosure sale.
7. If the mortgage provided for reasonable attorney fees and the requested fee does not exceed 3% of the principal amount owed at the time the Complaint is filed, the Court does not need to hold a hearing or adjudge the requested fee to be reasonable.
8. A copy of the proposed final judgment is attached and will be entered by the Court if defendants waive the right to be heard at the hearing.
9. Any final judgment of foreclosure entered pursuant to Section 702.10(1) Fla. Stat. shall be only for in rem relief; however, entry of such final judgment of foreclosure shall not preclude entry of an in personam money damages judgment or deficiency judgment where otherwise allowed by law.
DONE AND ORDERED at PASCO County, Florida this 12TH day of March, 2025.
Electronically Conformed 3/12/2025
Kemba Lewis
CIRCUIT JUDGE
*Plaintiff to serve a copy of this order on all Defendants
PROPOSED UNIFORM FINAL JUDGMENT OF FORECLOSURE
IN THE CIRCUIT COURT OF THE 6TH JUDICIAL CIRCUIT, IN AND FOR PASCO COUNTY, FLORIDA
CIVIL DIVISION:
UCN:
51-2025-CA-000082-CAAX-WS
U.S. BANK NATIONAL
ASSOCIATION,
Plaintiff(s) vs.
UNKNOWN HEIRS,
BENEFICIARIES, DEVISEES,
ASSIGNEES, LIENORS,
CREDITORS, TRUSTEES AND ALL OTHERS WHO MAY CLAIM AN INTEREST IN THE ESTATE OF JORGE OLIVERA; DISCOVER BANK; FLORIDA HOUSING FINANCE CORPORATION; PASCO COUNTY, FLORIDA CLERK OF COURT; STATE OF FLORIDA DEPARTMENT OF REVENUE; JULIA P. CAVALIER A/K/A JULA P. OLIVERA; JORGE
MAGNUSSEN OLIVERA;
UNKNOWN TENANT IN
POSSESSION OF THE SUBJECT PROPERTY,
Defendant(s).
THIS ACTION was tried before the Court. On the evidence presented
IT IS ADJUDGED that:
1. Plaintiff has submitted a Certificate of Compliance with Foreclosure Procedures in compliance with Administrative Order 2015-043 or any subsequent Administrative Order.
2. VALUE OF CLAIM: At the initiation of this action, in accordance with section 28.241(1)(a)2.b., Florida Statutes, Plaintiff estimated the amount in controversy of the claim to be $145,244.27. In accordance with section 28.241(1)(a)2.c., Florida Statutes, the Court identifies the actual value of the claim to be $158,660.15, as set forth below. For any difference between the estimated amount in controversy and the actual value of the claim that requires the filing fee to be adjusted, the Clerk shall adjust the filing fee. In determining whether the filing fee needs to be adjusted, the following graduated filing fee scale in section 28.241(1)(a)2.d., Florida Statutes, controls:
$400 Value of claim less than or
equal to $50,000 with 5 defendants
or less
$905 Value of claim greater than
$50,000 but less than $250,000
with 5 defendants or less
$1,905 Value of claim $250,000 or
greater with 5 defendants or less
If an excess filing fee was paid, the Clerk shall provide a refund of the excess fee. If an additional filing fee is owed, the Plaintiff shall pay the additional fee at least 24 hours prior to the judicial sale. If any additional filing fee owed is not paid prior to the judicial sale, the Clerk shall cancel the judicial sale without further order of the Court.
3. The following amounts are due and owed to the Plaintiff, U.S. BANK NATIONAL ASSOCIATION 2800 Tamarack Road Owensboro, KY 42301:
Principal due on the note secured by
the mortgage foreclosed:
$145,244.27
Interest on the note and mortgage
$5,817.49
Corporate Advance Balance:
$2,370.00
Escrow:
$5,091.15
Late Charges
$137.24
TOTAL SUM
$158,660.15
4. The total sum in paragraph 3 will bear interest at the prevailing statutory interest rate of 9.38% percent per year from this date through December 31 of this current year. Thereafter, on January 1 of each succeeding year until the judgment is paid, the interest rate will adjust annually in accordance with section 55.03(3), Florida Statutes.
5. Plaintiff, whose address is 2800 Tamarack Road Owensboro, KY 42301, holds a lien for the total sum specified in paragraph 3 herein. The lien of the Plaintiff is superior in dignity to all rights, titles, interests, or claims of the Defendant(s) and all persons, corporations, or other entities claiming by, through, or under the Defendant(s), or any of them and the property will be sold free and clear of all claims of the Defendant(s), with the exception of any assessments that are superior pursuant to sections 718.116 and 720.3085, Florida Statutes, or_____. The Plaintiff lien encumbers the subject property located in PASCO County, Florida and described as:
LOT 374, VIRGINIA CITY UNIT THREE, AS PER PLAT RECORDED IN PLAT BOOK 12, PAGE 117, OF THE PUBLIC RECORDS OF PASCO COUNTY, FLORIDA.
Property Address: 4037 LAS VEGAS DR, NEW PORT RICHEY, FL 34653
6. If the total sum with interest at the rate described in paragraph 4 and all costs accrued subsequent to this judgment are not paid, the Clerk of Circuit Court shall sell the subject property at public sale on______(date) to the highest bidder for cash, except as prescribed in Paragraph 7, in the following location: (mark the applicable location):
In an online sale at www.pasco. realforeclose.com, beginning at 11 a.m. on the prescribed date (mark this box for all sales in Pasco County).
after having first given notice as required by section 45.031, Florida Statutes. Plaintiff must arrange for publication of notice of sale in accordance with chapters 45 and 702, Florida Statutes. The Plaintiff must file the original Notice of Sale and Affidavit of Proof of Publication with the Clerk no later than 24 hours prior to the sale.
The sale date set by the judgment can only be canceled and rescheduled by court order. Any motion or request to cancel this sale must be served on all parties in conformity with Florida Rule of Civil Procedure 1.080(a) and must be set for hearing with proper notice. Claiming this matter is an “emergency” does not avoid this requirement. A violation of any party's due process rights will subject the movant and/or counsel to sanctions. See Jade Winds v. Citibank, 63 So. 3d 819 (3d DCA 2011).
If a Plaintiff wishes to cancel a sale, a written motion must be filed with the Court in substantial compliance with Florida Rules of Civil Procedure Form 1.996(c). The motion also must state the number of times the Plaintiff has previously requested the cancelation of a sale and must include an affidavit with supporting grounds for the motion. Any proposed order prepared to cancel the sale must also include a date to reschedule the sale..
7. Plaintiff shall advance all subsequent required costs of this action. Except for the fee to the Clerk as provided in section 45.035, Florida Statutes, and publishing costs supported by an affidavit, reimbursement or credit for such costs shall be by court order based upon a written motion and adjudication at a hearing with notice. If a third party bidder is the purchaser, the third party bidder must pay the documentary stamps attached to the certificate of title in addition to the bid.
8. If the Plaintiff incurs additional expenses subsequent to the entry of this final judgment but prior to the sale date specified in paragraph 6, Plaintiff may, by written motion served on all parties and adjudication at a hearing with notice, seek to amend this final judgment to include said additional expenses.
9. Only the judgment owner will be allowed to credit bid. An assignment of the final judgment of foreclosure filed with the Clerk of the Circuit Court prior to the public sale will effectively transfer with it the right to credit bid at the sale. Court approval of the assignment of the final judgment is not required.
The filing of a Certificate of Sale by the Clerk gives certain property rights to the highest bidder. In order to assign those rights and have the Certificate of Title issued to a third party, the highest bidder must file a written conveyance made in accordance with section 689.01 or section 692.01, Florida Statutes, governing real estate transfers. Such conveyance must be filed with the Clerk prior to the issuance of the Certificate of Title. Neither the Court nor the Clerk will change a Certificate of Title based upon a conveyance filed after the Certificate of Title has been issued.
10. On the filing of the Certificate of Title, the Clerk shall distribute the proceeds of the sale, so far as they are sufficient, by paying: first, all of the Plaintiff's costs; second, documentary stamps affixed to the Certificate, unless the property is purchased by a third party bidder; third, Plaintiff's attorneys' fees; fourth, the total sum due to the Plaintiff, less the items paid, plus interest at the rate prescribed in paragraph 4 from this date to the date of the sale; and by retaining any remaining amount pending further Order of this Court.
11. On filing of 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 to claims or rights under chapter 718 or chapter 720, Florida Statutes, if any. On filing of the Certificate of Sale, Defendant's right of redemption as provided by section 45.0315, Florida Statutes shall be terminated.
12. Attorneys' Fees. The court finds that the attorney fees are reasonable and appropriate. Plaintiff's counsel represents that the attorneys' fee awarded does not exceed its contract flat fee and hourly rate with the plaintiff. The court finds that there is/are no reduction or enhancement factors for consideration by the court pursuant to Florida Patients Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985).
13. IMPORTANT INFORMATION PROVIDED pursuant to section 45.031, Florida Statutes:
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 YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, IF ANY, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN THE DATE THAT THE CLERK REPORTS THE FUNDS AS UNCLAIMED. IF YOU FAIL TO FILE A TIMELY CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS..
If the property has qualified for the homestead tax exemption in the most recent approved tax roll, also include the following three paragraphs:
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 EITHER THE PINELLAS CLERK OF CIRCUIT COURT AT 315 COURT STREET, CLEARWATER, FL 33756, (727) 464-7000, OR THE PASCO CLERK OF CIRCUIT COURT AT 38053 LIVE OAK AVENUE, DADE CITY, FL 33523, (352) 521-4517 OR 7530 LITTLE ROAD, NEW PORT RICHEY, FL 34654, (727) 847-8176 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 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 A LEGAL SERVICES OFFICE, SUCH AS: GULFCOAST LEGAL SERVICES, INC., 314 S. MISSOURI AVE., SUITE 109, CLEARWATER, FL 33756, (727) 443-0657 / COMMUNITY LAW PROGRAM, 501 FIRST AVE N., ROOM 519, ST. PETERSBURG, FL 33701, (727) 582-7480 / BAY AREA LEGAL SERVICE, INC., 4948 CENTRAL AVE., ST. PETERSBURG, FL 33707, (800) 625-2257 / BAY AREA LEGAL SERVICE, INC., 37718 MERIDIAN AVENUE, DADE CITY, FL 33532 (800) 625-2257 / BAY AREA LEGAL SERVICE, INC., 8406 MASSACHUSETTS AVE, STE B-2, NEW PORT RICHEY, FL 34653, (800) 625-2257 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 ANOTHER OPTION. IF YOU CHOOSE TO CONTACT ONE OF THESE SERVICES FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE.
14. Upon issuance of the Certificate of Title the new owner/titleholder shall be let into possession of the property. Because of the provisions of section 83.561, Florida Statutes, the Clerk shall decline issuance of a Writ of Possession without a Court order. By using the procedures and forms found in Administrative Order 2015-043 the new owner/titleholder may obtain such an order.
15. If the tenant fails to vacate the premises in accordance with the Notice of Termination, the titleholder may apply to the Court for a writ of possession by filing and serving an application in the form of a sworn affidavit pursuant to section 83.561(2), Florida Statutes.
16. Alternatively, if the titleholder takes title to a residential property occupied by a tenant meeting an exception in section 83.561(3), Florida Statutes, the titleholder may immediately apply to the Court for a writ of possession by filing and serving a sworn affidavit demonstrating the tenant meets one of the exceptions listed in the statute.
17. Upon review of an application for writ of possession under section 83.561(2) or section 83.561(3), Florida Statutes, the Court may enter an order directing the Clerk to issue a writ of possession pursuant to section 83.62, Florida Statutes.
18. Jurisdiction is retained to enter further orders as are proper including, but not limited to writs of possession, determination of amounts due pursuant to sections 718.116 and/or 720.3085, Florida Statutes, supplemental complaints, reforeclosure motions/complaints, attorneys' fees and costs, motions for additional advances, amendments to the final judgment and deficiency judgments except where a discharge is applicable or personal service not obtained.
(ANY ADDITIONAL PROVISIONS OR MODIFICATIONS TO THIS FINAL JUDGMENT SHOULD BE SET FORTH IN BOLD TYPE AND CONSECUTIVELY NUMBERED PARAGRAPHS).
March 21, 28, 2025 25-00509P