Fla. R. Civ. P. Form 1.996(b)

FINAL JUDGMENT

This action was tried before the court. On the evidence presented

IT IS ADJUDGED that:

1. Amounts Due. Plaintiff, .....(name and address)....., is

due

Principal $..........

Interest to date of this

judgement..........

Title Search expenses

Taxes..........

Attorney’s fees total..........

Court costs, now taxed..........

Other ………. ..........

Subtotal $..........

LESS: Escrow balance..........

LESS: Other..........

That must bear interest at a rate of.......... per year.

2. Lien on Property. Plaintiff holds a lien for the total sum superior

to all claims or estates of defendant(s), on the following described property

.......... County, Florida:

(describe property)

3. Sale of Property. If the total sum with interest at the rate

described in paragraph 1 and all costs accrued subsequent to this judgment

are not paid, the clerk of this court must sell the property at public sale on

.....(date)….., to the highest bidder for cash, except as prescribed in paragraph

4, at the courthouse located at …..(street address of courthouse).…. in..........

County in.....(name of city)....., Florida, in accordance with section 45.031,

Florida Statutes, using the following method (CHECK ONE):

..... At.....(location of sale at courthouse; e.g., north door)....., beginning at

.....(time of sale)..... on the prescribed date.

..... By electronic sale beginning at.....(time of sale)..... on the prescribed date

at.....(website)......

4. Costs. Plaintiff must advance all subsequent costs of this action

and must 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 must be responsible for the documentary stamps payable on the

certificate of title. If plaintiff is the purchaser, the clerk must 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.

5. Distribution of Proceeds. On filing the certificate of title the clerk

must distribute the proceeds of the sale, so far as they are sufficient, by

paying: first, all of plaintiff’s costs; second, documentary stamps affixed to the

certificate; third, plaintiff’s attorneys’ fees; fourth, the total sum due to plaintiff,

less the items paid, plus interest at the rate prescribed in paragraph 1 from

this date to the date of the sale; and by retaining any remaining amount

pending further order of this court.

6. Right of Redemption/Right of Possession. On filing the

certificate of sale, defendant(s) and all persons claiming under or against

defendant(s) since the filing of the notice of lis pendens must be foreclosed of

all estate or claim in the property and defendant’s right of redemption as

prescribed by section 45.0315, Florida Statutes, must be terminated, except as

to the rights of a bona fide tenant occupying residential premises under the

federal Protecting Tenants at Foreclosure Act, 12 U.S.C. § 5220, note, or

section 83.5615, Florida Statutes, and claims or rights under chapter 718 or

chapter 720, Florida Statutes, if any. On the filing of the certificate of title, the

person named on the certificate of title must be let into possession of the

property, subject to the rights of a bona fide tenant occupying residential

premises under the federal Protecting Tenants at Foreclosure Act, 12 U.S. C. §

5220, note, or section 83.5615, Florida Statutes.

7. Attorneys’ Fees.

[If a default judgment has been entered against the mortgagor]

Because a default judgment has been entered against the mortgagor and

because the fees requested do not exceed 3% of the principal amount owed at

the time the complaint was filed, it is not necessary for the court to hold a

hearing or adjudge the requested attorneys’ fees to be reasonable.

[If no default judgment has been entered against the mortgagor]

The court finds, based upon the affidavits/testimony presented and upon

inquiry of counsel for the plaintiff that.......... hours were reasonably expended

by plaintiff's counsel and that an hourly rate of $ .......... is appropriate.

Plaintiff’s counsel represents that the attorney fee awarded does not exceed its

contract fee with the plaintiff. The court finds that there are no reduction or

enhancement factors for consideration by the court under Florida Patients

Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985). (If the court has

found that there are reduction or enhancement factors to be applied, then such

factors must be identified and explained herein).

[If the fees to be awarded are a flat fee]

The requested attorneys’ fees are a flat rate fee that the firm’s client has

agreed to pay in this matter. Given the amount of the fee requested and the

labor expended, the court finds that a lodestar analysis is not necessary and

that the flat fee is reasonable.

8. Re-establishment of Lost Note. The court finds that the plaintiff

has re-established the terms of the lost note and its right to enforce the

instrument as required by applicable law. Plaintiff must hold the defendant(s)

maker of the note harmless and must indemnify defendant(s) for any loss

defendant(s) may incur by reason of a claim by any other person to enforce the

lost note. Adequate protection has been provided as required by law by the

following means: …..(identify means of security under applicable law: a written

indemnification agreement, a surety bond, include specific detail)…...

Judgment is hereby entered in favor of the plaintiff as to its request to

enforce the lost note.

9. Jurisdiction Retained. Jurisdiction of this action is retained to

enforce the adequate protection ordered and to enter further orders that are

proper including, without limitation, a deficiency judgment.

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 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 being foreclosed on has qualified for the homestead tax

exemption in the most recent approved tax roll, the final judgment must

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, (INSERT INFORMATION FOR

APPLICABLE COURT) WITHIN 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

(INSERT LOCAL OR NEAREST LEGAL AID OFFICE AND TELEPHONE

NUMBER) 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 (NAME OF LOCAL

OR NEAREST LEGAL AID OFFICE AND TELEPHONE NUMBER) FOR

ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER

RECEIPT OF THIS NOTICE.

ORDERED at ……………….., Florida, on …..(date)……

Judge

NOTE: Paragraph 1 must be varied in accordance with the items unpaid,

claimed, and proven. The form does not provide for an adjudication of junior

lienors’ claims or for redemption by the United States of America if it is a

defendant. The address of the person who claims a lien as a result of the

judgment must be included in the judgment in order for the judgment to

become a lien on real estate when a certified copy of the judgment is recorded.

Alternatively, an affidavit with this information may be simultaneously

recorded. For the specific requirements, see section 55.10(1), Florida Statutes;

Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998).