IN THE CIRCUIT COURT FOR THE FIFTH JUDICAL CIRCUIT
IN AND FOR LAKE COUNTY, FLORIDA
CASE NO:
35-2024-CA-002364-AXXX-01
ALAN MCEWEN,
Plaintiff,
vs.
TRAFERO INVESTMENTS, LLC,
Defendant.
FINAL JUDGMENT
OF FORECLOSURE
THIS ACTION was heard before the Court on Plaintiffs Motion for Judgement on the Pleadings on March 14, 2025. The Court has reviewed the pleadings and finds that the Plaintiff is entitled to a Final Judgement of Foreclosure in the following amounts and against Trafero Investments, LLC:
1. Amound Due and Owing. Plantiff is due:
Principal due on the note secured by the mortgage foreclosed: $350,000.00
Interest on the note and mortgage from 8/1/24 to 3/18/25 $40,250.00
Interest to date of this Judgment $___________
Title Search expenses. $600.00
Taxes for the year(s) of 2024. $754.81
Insurance premiums for the year(s) of ____ $N/A
Attorney's Fees Total $10,050.00
Court Costs, Now Taxed:
Filing Fee $1989.27
Service of Process as $202.75 per defendant(s) $202.75
Publication Fee $164.00
SUBTOTAL$404,010.83
Additional Costs: $N/A
SUBTOTAL $______________
Less: Escrow Balance $_____
Less: Other $______________
GRAND TOTAL $404,010.83
2. Interest. The grand total amount referenced in Paragraph 1 shall bear interest from this date forward at the prevailing legal rate of interest9.38% a year, and subject to change as set forth in section 55.03, Florida Statutes.
3. Lien and Property. Plaintiff, whose address is 6527 Reistertown Road, North Port, FL 34291, holds a lien for the grand total sum superior to all claims or estates of the defendant(s), on the following described property in Lake County, Florida:
SEE EXHIBIT "A" ATTACHED
Parcel Numbers:
01-22-24-2800-014-00000
01-22-24-2800-033-00000
23-23-24-0001-000-03500
01-22-24-2700-005-00000
01-22-24-2700-021-00000
19-23-25-0003-000-00402
01-22-24-7800-004-00000
4. Sale of property. If the total sum with interest at the rate described in Paragraph 2 and
all costs accrued subsequent to this judgment are not paid, the Clerk of the Court must sell
the subject property to the highest bidder for cash, except as prescribed in Paragraph 5, at public sale on May 6, 2025 at 11:00 a.m. after having first given notice as required by section 45.031, Florida Statutes. Public auctions for foreclosures are held in person at 550 West Main Street, Tavares, Florida 32778 at 11:00 a.m., beginning at 11:00 a.m., on the prescribed date.
5. Costs. Plaintiff shall advance all subsequent costs of this action and shall be reimbursed for them by the Clerk if plaintiff is not the purchaser of the property for sale, provided, however, that the purchaser of the property for sale shall be responsible for documentary stamps affixed to the certificate of title. If plaintiff 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 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; 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 2 from this date to the date of the sale; and by retaining any
remaining amount pending the further order of this Court.
7. Attorney's Fees. The court finds, based upon the affidavits/testimony presented and upon reasonable inquiry of counsel for the Plaintiff that 18 hours were reasonably expended by plaintiff's counsel and that an hourly rate of $550.00 and 1.0 hours of paralegal time at an hourly rate of $150.00 is appropriate. Plaintiff's counsel represents that the attorney's fee award does not exceed its contract fee with the plaintiff. The cost finds that there is/are no reduction or enhancement factors for consideration by the court under Florida Patients Compensation Fund v. Rowe, 472 So. 2n 1145 (Fla. 1985).
8. Jurisdiction.
The Court retains jurisdiction of this action to enter further orders that are proper, including, without limitation, writs of possession and deficiency judgments.
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. IF YOU ARE A SUBORDINATE LIEN HOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN SIXTY (60) DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. (If the property being foreclosed on has qualified for the homestead tax exemption in the most recent approved tax roll, the final judgment shall additionally contain the following statement in conspicuous type.)
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 THE CLERK OF THE COURT, 550 W. MAIN ST., TAVARES, FL 32778 (TELEPHONE: (352) 742-4100), WITHIN (10) DAYS AFTER THE SALE TO SEE IF THERE IS ADDITIONAL MONEY FROM T H E FORECLOSURE SALE T H AT T H E C L E R K HAS IN T H E 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 THE COMMUNITY LEGAL SERVICES, 226 W. MAINT STREET, TAVARES, FL 32778, TELEPHONE NUMBER, (352) 343-0815 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 OTHER OPTIONS. IF YOU CHOOSE TO CONTACT THE
COMMUNITY LEGAL SERVICES, YOU SHOULD DO SO AS SOON AS POSSIBLE
AFTER RECEIPT OF THIS NOTICE.
STATUTORY REQUIRED LANGUAGE ABOVE, IN ACCORDANCE WITH SECTION 45.031, FLORIDA STATUTES, IS IN ALL CAPITAL LETTERS.
IT IS ORDERED in Chambers in Lake County, Florida, this 19th day of March 2025.
Circuit Judge
Copies furnished to the attached service list:
SERVICE LIST
CASE NO. 35-2024-CA-002364-AXXX-01
Ronald G. Neiwirth, Esg.
LUBELL ROSEN,
200 S. Andrews Avenue 9th Floor,
Ft. Lauderdale, FL 3330
maria@lubellrosen.com, rgn@lubellrosen.com
Attorney for Defendant
Exhibit A -
LEGAL DESCRIPTION
Begin at the Northwest corner of the SW 1/4 of Section 24, Township 23 South, Range 24 East, Lake County, Florida, run South 89 degrees 41 minutes 55 seconds East 1322,56 feet, South 0 degrees 05 minutes 26 seconds West 669.3 feet, North 89 degrees 43 minutes 43 seconds West 41 feet to Point A; begin again at the Point of Beginning, run South along the Section line 295 feet, South 67 degrees 45 minutes 44 seconds East 237.7 feet, South 89 degrees 43 minutes 43 seconds East 525 feet, North 58 degrees 55 minutes 24 seconds East to a point North 0 degrees 30 minutes 31 seconds West from Point A, Southeasterly to Point A. From the Northeast corner of Section 23, Township 23 South, Range 24 East, Lake County, Florida, run West along the North line of Section 23 420 feet for the Point of Beginning, continue West along said North line 1625 feet, South 40 degrees 39 minutes 30 seconds East 1662.78 feet, South 89 degrees 55 minutes 34 seconds East 54 feet to Point A, continue along same line 486 feet, North 0 degrees 04 minutes 26 seconds East 1260 feet to the Point of Beginning, LESS roads. From the Southeast corner of the NE 1/4 of Section 23, Township 23 South, Range 24 East, Lake County, Florida, run West along the South line of the NE 1/4 1390 feet for the Point of Beginning, run North 46 degrees 19 minutes 20 seconds East 455 feet, North 43 degrees 40 minutes 40 seconds West 170 feet to Point B, continue North 43 degrees 43 minutes 40 seconds West 830 feet, South 46 degrees 19 minutes 20 seconds West 630 feet, South 43 degrees 40 minutes 40 seconds East 1000 feet to the Point of Beginning, part being in the SE 1/4 of the NE 1/4 of Section 23, Township 23 South, Range 24 East, From the Southwest corner of the NW 1/4 of Section 24, Township 23 South, Range 24 East, Lake County, Florida, run North along the Section line 670 feet for the Point of Beginning, run South 89 degrees 41 minutes 55 seconds East 1322.56 feet, North 0 degrees 05 minutes 26 seconds East 640 feet, South 89 degrees 40 minutes 06 seconds East 661.86 feet, North 0 degrees 17 minutes 12 seconds East 150 feet, North 89 degrees 40 minutes 06 seconds West 662.37 feet, North 89 degrees 41 minutes 55 seconds West 1079.37 feet, South 18 degrees 51 minutes 59 seconds West 753.15 feet to the West line of Section 24, South 76.03 feet to the Point of Beginning, being parts of Tract 14, 17, 18, GROVELAND FARMS, according to the Plat thereof as recorded in Plat Book 2, Pages 10 and 11, Public Records of Lake County, Florida, and part of the NW 1/4 of the NW 1/4 of Section 24, Township 23 South. Range 24 East, Lake County, Florida. A strip of land 30 feet in width which center line is described as: From the Northeast corner of Section 23, Township 23 South, Range 24 East, Lake County, Florida, run West along the North line of Section 23 2045 feet, South 40 degrees 39 minutes 30 seconds East 1662.78 feet, South 89 degrees 55 minutes 34 seconds East 54 feet to Point A for the Point of Beginning, run South 13 degrees 04 minutes 26 seconds West 220 feet, South 2 degrees 24 minutes 26 seconds West 215 feet, South 12 degrees 44 minutes West 256 feet, Southwesterly 362 feet to Point B, being the end of said center line. Location of Point B being described as: From the Southeast corner of the NE 1/4 run West along the South line of the NE 1/4 1390 feet, North 46 degrees 19 minutes 20 seconds East 455 feet, North 43 degrees 40 minutes 40 seconds, west
170 feet to Point B, from Point A as described above run South 13 degrees 04 minutes 26 seconds West 200 feet, South 76 degrees 55 minutes 34 seconds East 15 feel for Point of Beginning, continue South 76 degrees 55 minutes 34 seconds East 100 feet, South 13 degrees 04 minutes 26 seconds West 100 feet, North 76 degrees 55 minutes 34 seconds West 85.15 feet, North 2 degrees 24 minutes 26 seconds East tothe Point of Beginning.
AND
Tract 4, in Section 30, Township 23 South, Range 25 East GROVELAND FARMS, according to the Map or Plat thereof, as recorded in Plat Book 2, Page 10 and 11, Public Records of Lake County, Florida.
AND
The NE 1/4 of the SW 1/4 AND the North 1/2 of the SE 1/4 of the SW 1/4 of Section 19, Township 23 South, Range 25 East, Lake County, Florida.
TOGETHER WITH an easement for ingress and egress over, across and upon the following described properly: Commencing at the Northwest comer of Section 19, Township 23 South, Range 25 East, Lake County, Florida, run South 0 degrees 45 minutes 00 seconds West along the West line of said Section 19, for a distance of 21.53 feet to a point in the approximate center line of Bay Lake Road for a distance of 2740.91 feet, thence North 50 degrees 13 minutes 50 seconds West for a distance of 283.00 feet to the Point of Beginning; thence North 40 degrees 00 minutes 00 seconds East for a distance of more or less 365 feet to the border of Lake Erie.
#01248012. April 22, 2024
April 29, 2024