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SURFSIDE-UPDATED-031511

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					Surfside Owners Association Collection                                                                                                                                Page 2

and Foreclosure Worksheet
              Surfside Owners Association Collections and Foreclosure Worksheet
                                                                   Last Updated: March 15, 2011
               The information contained within this spreadsheet is provided for informational purposes only. It is not a substitute for professional legal advice.
                   Lot & Block /
      Name                                                                                                 Status
                     Address

                                       COVENANT & RESTRICTION VIOLATION ACTIONS

                                                                    MONEY JUDGMENTS
                                      04-17-09 Complaint Filed. Defendants served on 04-23-09. Answer due on 05-13-09. 05-14-09 Answer filed.
                                      05-21-10 KAGM served first request for production of documents to Defendant. No response received.
                                      KAGM has contacted counsel for defendant regarding discovery responses. 07-23-09 Stipulated Judgment
                                      sent to Defendant's Counsel . 08-25-09 KAGM left numerous messages with Scott Whitehead regarding the
                                      Stipulated Judgment. 01-14-10 as of today KAGM still has not received Stipulated Judgment back from
                                      Whitehead. 03-12-10 KAGM has not received Stipulated Judgment back form Whitehead. 04-06-10 KAGM
                                      has not received Stipulated Judgment, KAGM to contact Whitehead. 05-20-10 KAGM contacted Whitehead's
Janousek               1409           office. 06-08-10 KAGM is prepared Motion for Summary Judgment; 06-11-10 KAGM prepared proposed Final
                                      Judgment. 07-02-10 KAGM filed Motion for Summary Judgment, set for hearing before Judge Green on 11-
                                      02-10. Ms. Janousek attended the hearing and admitted that she has no legal defenses to the lawsuit, but that
                                      she also has no resources to pay the final judgment amount. She said that the Surfside property, along with
                                      her homestead, are currently in foreclosure. She further stated that she no assets or ability to satisfy any
                                      judgment rendered against her. Judge Green entered the order of final summary judgment and directed Ms.
                                      Janousek to complete and serve Fact Information Sheet by 11-22-10.

                                                     EVICTIONS AND MONEY DAMAGES
                                05-29-08 Complaint for eviction and damages filed on behalf of Surfside. 06-30-08 Final Judgment for
                                Eviction and Writ of Possession Against Restaurant Group entered. 08-19-09 Writs of Garnishment and Order
Restaurant      C-102, B-14, B- Granting Writs of Garnishment entered. 12-30-09 Motion for Civil Contempt Against All Defendants filed on
Group              15, B-16     behalf of Surfside. 07-09-10 Motion for Show Cause Order filed on behalf of Surfside. 08-26-10 Amended
                                Motion for Contempt and Show Cause Order filed on behalf of Surfside. 09-21-10 Order entered by Judge
                                Green. Defendants have 20 days or until 10-11-10 to submit Fact Information Sheets.
                                                                          COLLECTIONS
Butterfeld-                           Claim of Lien recorded 09-12-08. Suspension of privileges letter sent to owner 12-30-08. Owner is on a
                        412
Hooley                                payment plan. KAGM to take no action unless owner defaults under payment agreement.
                                      Claim of Lien recorded 09-12-08. Suspension of privileges letter sent to owner 12-30-08. Owner is on a
Homorodean             1204
                                      payment plan. KAGM to take no action unless owner defaults under payment agreement.
                                           BANK FORECLOSED & BANK IS NEW OWNER

                                                    BANK/MORTGAGE FORECLOSURES



                                                                                                    Legal Disclaimer
                                                                           The information contained within this spreadsheet is provided for
                                                                     informational purposes only. It is not a substitute for professional legal advice.
Surfside Owners Association Collection                                                                                                      Page 3

and Foreclosure Worksheet
                          06-06-07 Claim of Lien recorded. 01-22-08 Complaint for mortgage foreclosure filed on behalf of Wachovia.
                          02-08-08 Answer and Cross Claim filed on behalf of Surfside. 02-08-08 Answer filed on behalf of Sims.
                          06-09-08 Motion for Summary Judgment filed on behalf of Wachovia. 06-19-08 Motion for Summary Judgment
                          filed on behalf of Surfside. 12-30-08 Suspension of privileges letter sent to owner. 04-13-09 Attorney for Sims
                          withdrew; Sims granted 20 days to obtain new counsel. 07-17-09 KAGM filed Motion to Compel bank to
                          proceed with foreclosure. 04-13-10 Hearing on Motion to Compel. KAGM cancelled 04-13-10 hearing on
                          04-12-10 in light of Wachovia Motion for Summary Judgment setting on 06-01-10. 04-29-10 Sims filed
                          Objection to Motion for Summary Judgment (on the basis of outstanding discovery and requesting an
Sims            1603
                          opportunity to mediate, despite the fact the property is not owner-occupied) and served Interrogatories and
                          Request to Produce. 05-28-10 KAGM obtained foreclosure package from opposing counsel and confirmed
                          language in proposed Final Judgment regarding Surfside's rights under Ch. 718.116, waived appearance at
                          hearing
                          06-01-10 Hearing on Wachovia’s Motion for Summary Judgment and Sims’ Objection thereto at which time
                          Court ruled in favor of Sims. 08-12-10 Plaintiff served responses to outstanding discovery. Case Management
                          Conference set for 12-16-10. Hearing on all pending motions set for 01-06-11. Summary Judgment entered
                          in favor of Surfside. 02-22-11 Proposed Final Judgment and Amended Affidavit of Amounts Due and Owing
                          sent toof Lien recorded 06-06-07. Suspension 05-03-11 at 11:00 a.m. online. 12-30-08. 04-03-09
                          Claim Judge Brace. Foreclosure sale set for of privileges letter sent to owner
                          Turnipseed filed Request for Production of Document. No other activity on the foreclosure docket since 01-14-
Turnipseed   G24 (SA24)   10. 03-17-09 Countrywide filed its Motion for Summary Judgment, which has not yet been set for hearing. 04-
                          03-10 Defendant Turnipseed filed a Request for Production of Documents. 04-12-10 Notice of Filing original
                          loan documents. Hearing on Motion for Summary Judgment set for 08-03-10.

                                                     BANKRUPTCY
                          Complaint Filed. Attempted service upon defendants at Florida address and unsuccessful. Will attempt
                          service upon Defendant at Birmingham Address. 08-07-08 Defendant filed Petition Chapter 7, Bankruptcy 07-
Randolph         L8       05-09. 07-13-09 Suggestion of Bankrtupcy filed in money judgment action. KAGM confirmed Order of
                          Discharge entered. Surfside may proceed with money judgment action for the payment of unpaid post-petition
                          assessments, if any.




                                                                                Legal Disclaimer
                                                       The information contained within this spreadsheet is provided for
                                                 informational purposes only. It is not a substitute for professional legal advice.

				
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