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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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