EFTA01112229.pdf

EFTA01112229 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: 502009CA024752XXXXMB (AW) NATIONAL CITY BANK, successor by merger to Fidelity Federal Bank & Trust, Plaintiff, v. HARDMAN DEVELOPMENT CORP., STEPHEN R. ALEXANDER, MICHAEL T. HARDMAN, JULIE C. HARDMAN, VILLAGE OF PALM SPRINGS, Defendants. NOTICE OF HEARING YOU ARE HEREBY NOTIFIED that the undersigned has called up for hearing the following: DATE: February 1, 2010 TIME: 2:00 JUDGE: John J. Hoy PLACE: Palm Beach County Courthouse, 205 N. Dixie Highway, Room 4A, West Palm Beach, FL. 33401 SPECIFIC MATTERS TO BE HEARD: Motion for Final Summary Judgment of Foreclosure KINDLY GOVERN YOURSELVES ACCORDINGLY. Please arrive 15 minutes before the start of the scheduled hearing time to view the calendar posted outside the courtroom. The courtroom in which your hearing will be held will be posted on the calendar. Notice to Persons with Disabilities EFTA01112230 National City Bank v. Hardman Development Corp., et al Case No: 502009CA024752)000(MB(AW) "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Krista Garber ADA Coordinator, in the Administrative Office of the Court, Palm Beach County Courthouse, 205 North Dixie Highway, Room 5.2500, West Palm Beach, Florida 33401; telephone number (561)355-4380 within two (2) working days of your receipt of this notice; if you are hearing or voice impaired, call 1-800-955-8770. The undersigned counsel hereby certifies that a good faith attempt has been made to resolve the matters raised in the motion. I HEREBY CERTIFY that a true and correct copy of the foregoing was mailed to Christy L. Goddeau, Esq., Glen J. Torcivia and Assoc, M., 701 Northpoint Pkwy., Ste. 209, West Palm Beach, FL 33407, Mark A. Cullen, Esq., The Cullen Law Firm, 2090 Palm Beach Lakes Blvd., Ste. 500, West Palm Beach, FL 33409 and W. Trent Steele, Esq., 8902 SE Bridge Road, Hobe Sound, FL 33455, this Zi day of December, 2010. JONES, FOSTER, JOHNSTON & STUBBS, ■. Attorneys for National City Bank 505 S. Flagler Drive, Ste. 1200 West Palm Beach, Fl 33401 Telephone: (561) 650-0438 Facsimile: (561) 650-0412 By: Michael T. Kranz Florida Bar No: 351180 mkranza RIDOCS\11304k0010APLD119U9545.DOC 2 EFTA01112231 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: 502009CA024752XXXXMB (AW) NATIONAL CITY BANK, successor by merger to Fidelity Federal Bank & Trust, Plaintiff, v. HARDMAN DEVELOPMENT CORP., STEPHEN R. ALEXANDER, MICHAEL T. HARDMAN, JULIE C. HARDMAN, VILLAGE OF PALM SPRINGS, Defendants. MOTION FOR FINAL SUMMARY JUDGMENT OF FORECLOSURE Plaintiff, National City Bank, as successor by merger to Fidelity Federal Bank & Trust, ("Plaintiff"), by and through its undersigned attorneys and pursuant to 1.510, moves this Court for entry of Final Summary Judgment against the Defendants, Hardman Development Corp., Stephen R. Alexander, Michael T. Hardman, Julie C. Hardman and Village of Palm Springs, and as grounds therefore would show as follows: 1. Based on the pleadings and affidavits filed in support of this motion, there is no genuine issue of material fact and Plaintiff is entitled, as a matter of law, to a judgment of foreclosure on Count I of the Complaint or a judgment for damages on Count II of the Complaint, including determination of principal and interest, attorney's fees, costs and other charges. 2. The Affidavits filed in this case, show: EFTA01112232 National City Bank v. Hardman Development Corp., et al Case No: 502009CA024752XXXXMB(AW) (a) The genuineness of the Loan Documents attached to the Complaint (hereinafter "Loan Documents") (b) Plaintiffs ownership of the Loan Documents and its right to pursue the remedies sought in this case under them; (c) The default of the Defendants under the Loan Documents referred to above; (d) The amounts owed by the Defendants under the Loan Documents referred to above; (e) Plaintiffs reasonable attorney's fees and costs incurred in connection with this case. (f) That Plaintiffs lien is superior to the lien of the other Defendants. 3. Pursuant to the terms of the Loan Documents, Plaintiff is entitled to a judgment of foreclosure on the Mortgage attached to the Complaint as Exhibit "B" or a judgment for damages against, Hardman Development Corp., Stephen R. Alexander, Michael T. Hardman and Julie C. Hardman pursuant to the Promissory Note attached to the Complaint as Exhibit "A" and the Guaranties attached to the Complaint as Exhibits "D", "E" and "F". 4. Count I seeks to foreclose a Mortgage and seeks for the Court to retain jurisdiction to enter a deficiency judgment against the makers of the Note and the Guarantors of the Note. Count II is an action for damages based upon the breach of the Promissory Note and the Guaranties of the Promissory Note. 5. All conditions precedent to the claims made by Plaintiff in this case have been performed or have occurred, and all of the material elements of the causes of action claimed by Plaintiff in this case have been established by the record in support of this Motion. 8 EFTA01112233 National City Bank v. Hardman Development Corp., et al Case No: 502009CA024752XXXXMB(AW) 6. Plaintiff reserves its right to seek a deficiency judgment against the Defendants, Hardman Development Corp., Stephen R. Alexander, Michael T. Hardman and Julie C. Hardman pursuant to Count I of the Complaint. 7. In reply to the First Affirmative Defense of the Defendant, Stephen R. Alexander, said Defendant has waived his right to assert any defenses afforded him by Fla.Stat. §673.491 and §673.6051. The Guaranty signed by Stephen Alexander waives his right to assert the defenses available under Florida Statute §673.4191 and §673.6051. The waiver language appears at page 2 of the Guaranty under "GUARANTOR'S WAIVERS." Furthermore, Defendant, Stephen Alexander, authorized National City Bank to take all actions which it has taken with respect to the Loan. This authorization is set forth in the Guaranty under the paragraph captioned "GUARANTOR'S AUTHORIZATION TO LENDER." 8. In reply to the Second Affirmative Defense of the Defendant, Stephen R. Alexander, the facts alleged in the defense fail to assert an affirmative defense. Furthermore, Plaintiff did accept the Guaranty. 9. In reply to the Third Affirmative Defense of the Defendant, Stephen R. Alexander, said Defendant waived his right to assert that: "the Plaintiff agreed to an extension of the due date of the obligation being sued upon which caused loss to the Defendant." Defendant, Stephen Alexander, specifically authorized Plaintiff to extend the due date of the obligation being sued upon under the Guaranty at the section at page 1, captioned "GUARANTOR'S AUTHORIZATION TO LENDER." Furthermore, Defendant, Stephen Alexander waived his right to assert this as a defense under the 8 EFTA01112234 National City Bank v. Hardman Development Corp.. et al Case No: 502009CA024752XXXXMB(AW) language at page 2 of the Guaranty at the paragraph captioned "GUARANTOR'S WAIVERS." 10. In reply to the Fourth Affirmative Defense of the Defendant, Stephen R. Alexander, said Defendant has waived his right to assert that Plaintiff agreed to material modifications of the obligation being sued upon which caused a loss to the Defendant. Defendant, Stephen Alexander, specifically agreed that the Plaintiff could modify the obligation being sued upon and further waived his right to assert the Fourth Affirmative Defense. The authorization is set forth at page 1 of the Guaranty under the section captioned "GUARANTOR'S AUTHORIZATION TO LENDER." Defendant, Stephen Alexander's waiver of the affirmative defense appears at page 2 of the Guaranty under the paragraph captioned: "GUARANTOR'S WAIVERS." 11. In reply to the Fifth Affirmative Defense of the Defendant, Stephen R. Alexander, said Defendant has waived his right to assert this Fifth Defense in the Guaranty. Specifically, Stephen Alexander at page 2 of the Guaranty under the paragraph captioned: "GUARANTOR'S WAIVERS" specifically waived any and all rights of defenses based on suretyship or impairment of the collateral. 12. In reply to the Sixth Affirmative Defense of the Defendant, Stephen R. Alexander, said Defendant has waived his right to assert this Sixth Defense at page 2 of the Guaranty under the language captioned: "GUARANTOR'S WAIVERS." Furthermore, there is no law which entitles the Defendant to a right of set off for monies owed by the Defendant, Michael Hardman, to the Plaintiff on Defendant's behalf as a result of a Promissory Note signed by the Defendant, Michael Hardman, in the amount 8 EFTA01112235 National City Bank v. Hardman Development Corp., et al Case No: 502009CA024752XXXXMB(AW) of $550,000.00. The Guaranty being referred to in the Reply to these Affirmative Defenses is attached to the Complaint as Exhibit "D". 13. In reply to the First Affirmative Defense of the Defendants, Hardman Development Corp., Michael T. Hardman and Julie C. Hardman, the Plaintiff has standing to pursue this action as the successor by merger to Fidelity Federal Bank & Trust. 12 U.S.C. § 215a, et seq. addresses the merger of national banks or State banks into national banks. Specifically, 12 U.S.C. § 215a(e) addresses the effect of merger on the resulting financial entity. 12 U.S.C. § 215a(e) states, The corporate existence of each of the merging banks or banking associations participating in such merger shall be merged into and continued in the receiving association and such receiving association shall be deemed to be the same corporation as each bank or banking association participating in the merger. All rights, franchises, and interests of the individual merging banks or banking associations in and to every type of property (real, personal, and mixed) and choses in action shall be transferred to and vested in the receiving association by virtue of such merger without any deed or other transfer. The receiving association, upon the merger and without any order or other action of the part of the court or otherwise, shall hold and enjoy all rights of property, franchises, and interests, including appointments, designations, and nominations, and all other rights and interests as trustee, executor, administrator, registrar of stocks and bonds, guardian of estates, assignee, receiver, and committee of estates of lunatics, and in every other fiduciary capacity, in the same manner and to the same extent as such rights, franchises, and interests were held or enjoyed by any one of the merging banks or banking associations at the time of the merger. (Emphasis supplied). Therefore, on the date of the abovementioned merger, all property of Fidelity Federal, including all rights, franchises, and interests it had in and to every type of property (real, personal, and mixed) and choses in action, were immediately vested in and continued to be the property of National City Bank, by virtue of the merger and without any deed or transfer or any order or other action on the part of the court. 8 EFTA01112236 National City Bank v. Hardman Development Corp., et al Case No: 502009CA024752J<XXXMB(AW) 14. In reply to the Second Affirmative Defense of the Defendants, Hardman Development Corp., Michael T. Hardman and Julie C. Hardman, the Defendants waived their right to assert any discharge pursuant to Fla.Stat. §673.4191 or 673.6051. The Guaranties signed by Defendants, Michael T. Hardman and Julie C. Hardman waived their right to assert the defenses available under Fla.Stat. §673.4191 and 673.6051. The waiver language appears at page 2 of the Guaranties under "GUARANTOR'S WAIVERS." Furthermore, Defendants, Michael T. Hardman and Julie C. Hardman, authorized National City Bank to take all actions which it has taken with respect to the Loan. This authorization is set forth in the Guaranty under the paragraph captioned "GUARANTOR'S AUTHORIZATION TO LENDER." The defenses in Fla.Stat. §673.4191 and 673.6051 do not apply to the Promissory Note and Mortgage executed by Hardman Development Corp. The Note and Mortgage were not signed as an accommodation but are the primary obligations. Furthermore, Hardman Development Corp. is not an endorser or accommodation party as defined in Fla.Stat. §673.6051. 15. The lien of the Village of Palm Springs is subordinate to Plaintiff's interest in the property as Plaintiffs Mortgage was recorded before the Final Consolidation Order Assessing Fines and Claims of Lien recorded by the Village of Palm Springs Code Enforcement on October 3, 2008. WHEREFORE, Plaintiff prays that this Court enter a Final Judgment of Foreclosure under Count I against Defendants, Hardman Development Corp., Stephen R. Alexander, Michael T. Hardman, and Julie C. Hardman for all sums due, including interest, and that this Court further award attorney's fees and costs, and that this Court reserve jurisdiction to enter further orders as are proper, including without limitation 8 EFTA01112237 National City Bank v. Hardman Development Corp., et al Case No: 502009CA024752XXXXMB(AW) Writs of Possession and a Deficiency Judgment against the Defendants, Hardman Development Corp., Stephen R. Alexander, Michael T. Hardman and Julie C. Hardman, that the Court adjudicate Plaintiff's interest in the Mortgaged Property as superior to any right, title or interests claimed by any Defendants, and for such other further relief as this court may deem just and proper. Alternatively, Plaintiff requests that this Court enter under Count II of the Complaint a Judgment for Damages against the Defendants, Hardman Development Corp., Stephen R. Alexander, Michael T. Hardman and Julie C. Hardman, for all sums due and owing under the Loan Documents, including interest, attorney fees and costs and such other further relief as this Court may deem just and proper. In the alternative to the foregoing, Plaintiff requests that this Court enter an order specifying the facts that appear without substantial controversy, and that the facts so specified shall be deemed established, and the trial or final hearing shall be conducted accordingly. I HEREBY CERTIFY that a true and correct copy of the foregoing was mailed to Christy L. Goddeau, Esq., Glen J. Torcivia and Assoc, ■, 701 Northpoint Pkwy., Ste. 209, West Palm Beach, FL 33407, Mark A. Cullen, Esq., The Cullen Law Firm, 2090 Palm Beach Lakes Blvd., Ste. 500, West Palm Beach, FL 33409 and W. Trent Steele, Esq., 8902 SE Bridge Road, Hobe Sound, FL 33455, this day of 8 EFTA01112238 National City Bank v. Hardman Development Corp.. et at Case No: 502009CA024752XXXXMB(AW) December, 2010. JONES, FOSTER, JOHNSTON & STUBBS, in Attorneys for National City Bank 505 S. Flagler Drive, Ste. 1200 West Palm Beach, Fl 33401 Telephone: (561) 650-0438 Facsimile: (561) 650-0412 By: -Sl Michael T. Kranz Florida Bar No: 351180 mkranz P:DOCS\113041001021PLO‘1776777.DOC EFTA01112239 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: 502009CA024752XXXXMB (AW) NATIONAL CITY BANK, successor by merger to Fidelity Federal Bank & Trust, Plaintiff, v. HARDMAN DEVELOPMENT CORP., STEPHEN R. ALEXANDER, MICHAEL T. HARDMAN, JULIE C. HARDMAN, VILLAGE OF PALM SPRINGS, Defendants. AFFIDAVIT IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT BEFORE ME, the undersigned authority, personally appeared Shawn Khol, who first being duly sworn and deposed, states as follows: 1. My name is Shawn Khol and I am employed as an Assistant Vice President of PNC Bank, National Association, successor by merger to National City Bank successor by merger to Fidelity Federal Bank & Trust ("National City"). I am one of the persons who has monitored the collections of the amounts due and owing Plaintiff from Defendants, Hardman Development Corp., Stephen R. Alexander, Michael T. Hardman, Julie C. Hardman and Village of Palm Springs. 2. I make this Affidavit from my own personal knowledge or that knowledge gained from reviewing the business records of the Plaintiff, which records I know to be kept in the ordinary course and scope of business of the Plaintiff for the business EFTA01112240 National City Bank v. Hardman Development Corp., et al Case No: 502009CA024752XXXXMB(AVV) purposes of the Plaintiff and to be made by a person with personal knowledge as information is transmitted to him or her. 3. I have supervision over this account. 4. Plaintiff, National City Bank ("National City") is the successor by merger to Fidelity Federal Bank & Trust and is a national bank authorized to do business in Palm Beach County, Florida. 5. Defendant, Hardman Development Corp. is a Florida corporation authorized to do business in Palm Beach County. 6. Defendant, Stephen R. Alexander, is a resident of Palm Beach County, Florida and is over 18 years of age. 7. Defendant, Michael T. Hardman, is a resident of Palm Beach County, Florida and is over 18 years of age. 8. Defendant, Julie E. Hardman, is a resident of Palm Beach County, Florida and is over 18 years of age. 9. On or about September 1, 2007, Defendant, Hardman Development Corp., executed and delivered to Plaintiff a Promissory Note in the principal amount of $1,462,500.00. A copy of the Promissory Note is attached to the Complaint as Exhibit 10. To secure payment of the Promissory Note, on or about September 1, 2006, Defendant, Hardman Development Corp., executed and delivered to Plaintiff a Mortgage which mortgaged the real property described therein which was then owned by Defendant, Hardman Development Corp. The Mortgage was duly recorded in 6 EFTA01112241 National City Bank v. Hardman Development Corp., et al Case No: 502009CA024752XXXXMB(AVV) Official Record Book 20827, Page 1818, Public Records of Palm Beach County, Florida. A copy of the Mortgage is attached to the Complaint as Exhibit "B". 11. On or about September 1, 2006, Defendant, Hardman Development Corp., to secure payment of the Promissory Note, executed an Assignment of Rents in favor of Plaintiff. A copy of the Assignment of Rents is attached to the Complaint as Exhibit "C". The Assignment of Rents was duly recorded at Official Record Book 20827, Page 1826, Public Records of Palm Beach County, Florida. 12. On or about September 1, 2006, Defendant Stephen R. Alexander, executed a Commercial Guaranty which guaranteed payment of the Promissory Note and Mortgage. A copy of the Commercial Guaranty is attached to the Complaint as Exhibit "0". 13. On or about September 1, 2006, Defendant Michael T. Hardman, executed a Commercial Guaranty which guaranteed payment of the Promissory Note and Mortgage. A copy of the Commercial Guaranty is attached to the Complaint as Exhibit "E". 14. On or about September 1, 2006, Defendant Julie E. Hardman, executed a Commercial Guaranty which guaranteed payment of the Promissory Note and Mortgage. A copy of the Commercial Guaranty is attached to the Complaint as Exhibit 15. Defendants, Hardman Development Corp., Stephen R. Alexander, Michael T. Hardman and Julie C. Hardman are in default under the terms of the Promissory Note, Mortgage and Guaranties as a result of the Defendants failure to pay the entire amount due under the Loan Documents on September 1, 2008. 6 EFTA01112242 National City Bank v. Hardman Development Corp., et al Case No: 502009CA024752)0O0(MB(AW) 16. On November 18, 2008, Plaintiff demanded full payment of the amounts due under the Promissory Note and Mortgage and Commercial Guaranties be paid by Defendants, Hardman Development Corp., Stephen R. Alexander, Michael T. Hardman and Julie C. Hardman. 17. Despite demand, Defendants, Hardman Development Corp., Stephen R. Alexander, Michael T. Hardman and Julie C. Hardman have failed to make any payments to Plaintiff. 18. Defendant, Hardman Development Corp., is in default under the terms of the Promissory Note, Mortgage and Assignment of Rents. 19. Defendants, Stephen R. Alexander, Michael T. Hardman and Julie C. Hardman are in default under the terms of their Commercial Guaranties. 20. All sums due and owing under the Promissory Note, Mortgage and Commercial Guaranties are due and payable. 21. Defendants, Hardman Development Corp., Stephen R. Alexander, Michael T. Hardman and Julie C. Hardman owe Plaintiff the principal sum of $1,420,487.33 plus interest in the amount of $49,874.28 through November 19, 2008, with interest thereafter at the default rate of 16% per annum ($631.22 per day), attorney fees, court costs, title search expenses and such other charges and expenses which may be incurred incident to the enforcement of the obligations under the Promissory Note, Mortgage, Assignment of Rents and Commercial Guaranties. 22. The Mortgaged Property is now owned by Defendant, Hardman Development Corp. 6 EFTA01112243 National City Bank v. Hardman Development Corp.. et al Case No: 502009CA024752XXXXMB(AVV) 23. Plaintiff owns and holds the Promissory Note, Mortgage, Assignment of Rents and Commercial Guaranties. 24. All conditions precedent to bring this cause of action have been performed or have occurred. 25. Plaintiff is obligated to pay its undersigned attorneys a reasonable fee for their services. 26. Defendant, Village of Palm Springs, may claim some right, title or interest in the Mortgaged Property for reasons including but not limited to that certain Final Consolidated Order Assessing Fines and Claims of Lien entered by the Village of Palm Springs Code Enforcement on October 3, 2008 which was recorded in Official Record Book 22915 at Page 1753 of the Public Records of Palm Beach County, Florida. A copy of the Final Consolidated Order Assessing Fines and Claims of Lien is attached to the Complaint as Exhibit "F". Any right, title or interest of Village of Palm Springs in the Mortgaged Property is inferior to that of Plaintiff. FURTHER AFFIANT SAYETH NAUGHT. Shawn Khol, Assistant Vice President STATE OF FLORIDA COUNTY OF ORANGE Before me, the undersigned authority, personally appeared Shawn Khol as a Assistant Vice President of PNC Bank, National Association, successor by merger to National City Bank, to me well known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that he executed said instrument for the purposes therein expressed. WITNESS my hand and official seal this 1(i day of December, 2010. 6 EFTA01112244 National City Bank v. Hardman Development Corp.. et al Case No: 502009CA024752)00(XMB(AVV) Not.ry Public Male of Mode tidttCal R Dyczek •:, Commission EE001664 Print Name: NICO 07/17/2014 Notary Public, State of Florida Notary Pudic S:ete of Floods My commission expires: &Pie% Nicole Dyczek My Commission EE001664 IF Expires 07/17f2014 IFY that a true and correct copy of the foregoing was mailed to Christy L. Goddeau, Esq., Glen J. Torcivia and Assoc, E., 701 Northpoint Pkwy., Ste. 209, West Palm Beach, FL 33407, Mark A. Cullen, Esq., The Cullen Law Firm, E., 2090 Palm Beach Lakes Blvd., Ste. 500, West Palm Beach, FL 33409 and W. Trent Steele, Esq., 8902 SE Bridge Road, Hobe Sound, FL 33455, this day of December, 2010. JONES, FOSTER, JOHNSTON & STUBBS, E. Attorneys for National City Bank 505 S. Flagler Drive, Ste. 1200 West Palm Beach, Fl 33401 Telephone: (561) 650-0438 Facsimile: (561) 650-0412 By: () 1 Michael T. Kranz Florida Bar No: 351180 sa mI PADOCSV113O45OO1O21PLCM776779.DOC 6 EFTA01112245 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: 502009CA024752XXXXMB (AW) NATIONAL CITY BANK, successor by merger to Fidelity Federal Bank & Trust, Plaintiff, v. HARDMAN DEVELOPMENT CORP., STEPHEN R. ALEXANDER, MICHAEL T. HARDMAN, JULIE C. HARDMAN, VILLAGE OF PALM SPRINGS, Defendants. AFFIDAVIT IN SUPPORT OF AN AWARD OF ATTORNEY'S FEES BEFORE ME, the undersigned authority, personally appeared MICHAEL T. KRANZ, who, first being duly sworn, deposes and says: 1. My name is Michael T. Kranz. I am employed with the law firm of Jones, Foster, Johnston & Stubbs, 505 South Flagler Drive, Suite 1200, West Palm Beach, Florida 33401, representing the Plaintiff in this action; and I have personal knowledge of the facts contained in this Affidavit. 2. I am the attorney of record representing the Plaintiff in this action, and I have prosecuted this cause on behalf of said Plaintiff. 3. As shown in the itemization below, the firm has expended approximately 65.0 hours of attorney time and 13.0 hours of paralegal time in the preparation and prosecution of this case to date at the following hourly rates: EFTA01112246 National City Bank v. Hardman Development Corp., et al Case No: 502009CA024752XXXXMB(AW) ATTORNEY RATE PER HOUR HOURS TOTAL Michael T. Kranz (MTK) $300.00 32.2 $9,660.00 Christopher B. Cortez (CBC) $200.00 32.3 $6,460.00 Christopher B. Cortez (CBC) $225.00 .5 $112.50 PARALEGAL Laura L. McNeill (LKM) $140.00 10.0 $1,369.50 Mindy S. Halley (MSH) $140.00 3.0 $420.00 and based on my experience in, and knowledge of mortgage foreclosure and collection matters, anticipates spending an additional 3.0 hours of attorney time at $300.00 per hour through entry of Final Judgment of Foreclosure against the Defendants herein, for a total of 68.0 attorney hours, which represents a total of $17,132.50 of attorney's fees and $1,789.50 of paralegal's fees. The hourly rates reflected above are 76% of Michael Kranz' standard hourly rates, 93% of Christopher B. Cortez' standard hourly rates and 100% of paralegal's standard hourly rates. A copy of the billing records reflecting the time spent in representing the Plaintiff in this action is attached hereto. 4. Plaintiff has agreed to pay the firm of Jones, Foster, Johnston & Stubbs, E. the hourly rates shown above for attorney time and paralegal time. Michael T. Kranz Florida Bar No. 351180 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoin Affidavt was sworn to, subscribed, and acknowledged before me this Al day of , 2010, by Michael T. Kranz. He is personally known to me. Notary Public Print Name: Donna o DONNA STUMM Cernittit:o, OD 822S64 tee:. Oacoer 2t1t2 3 •••••D, EFTA01112247 National City Bank v. Hardman Development Corp., et al Case No: 502009CA024752XXXXMB(AW) My commission expires: I HEREBY CERTIFY that a true and correct copy of the foregoing was mailed to Christy L. Goddeau, Esq., Glen J. Torcivia and Assoc, ■., 701 Northpoint Pkwy., Ste. 209, West Palm Beach, FL 33407, Mark A. Cullen, Esq., The Cullen Law Firm, ■., 2090 Palm Beach Lakes Blvd., Ste. 500, West Palm Beach, FL 33409 and W. Trent Steele, Esq., 8902 SE Bridge Road, Hobe Sound, FL 33455, this fday of December, 2010. JONES, FOSTER, JOHNSTON & STUBBS, ■. Attorneys for National City Bank 505 S. Flagler Drive, Ste. 1200 West Palm Beach, Fl 33401 Telephone: (561) 650-0438 Facsimile: (561) 650-0412 By: 16 - 7 Michael T. Kranz Florida Bar No: 35118 mkranz P:IDOCSV1130410010ZPLD11776785.DOC 3 EFTA01112248 Jones. Foster. Johnston & Stubbs.k. Page 1 Run: 12/10/2010 11:13:00 AM File: MLDGR Matter Ledger Report 1/1/1970 to 12/10/2010 Code Name Inll Atty MTK MICHAEL T. KRANZ Client 11304 PNC Bankit. fka National City Bank fka Fidelity Bill Atty MTK MICHAEL T. KRANZ Matter 00102 National City v. Hardman Development Corp. Resp Atty MTK MICHAEL T. KRANZ Unbilled Time Code Name Date Code Hours $ Value Task Ref # Text t4TK MICHAEL T. KRANZ 10/07/10 B 0.10 30.00 19C0078 RECEIVE AND REVIEW EMAIL FROM SHAWN KOHL AND PREPARE EMAIL TOP SHAWN KOHL. MTK MICHAEL T. KRANZ 11/10/10 B 0.20 60.00 19L5299 TELEPHONE CONFERENCE WITH SHAWN KOHL. MTK MICHAEL T. KRANZ 12/08/10 B 0.50 150.00 19R8093 PREPARE AND REVIEW MOTION FOR FINAL JUDGMENT OF FORECLOSURE. MTK MICHAEL T. KRANZ 12/08/10 B 0.30 90.00 19R8095 PREPARE AND REVIEW AFFIDAVIT OF SHAWN KOHL. MTK MICHAEL T. KRANZ 12/08/10 B 0.20 60.00 19R8097 CORRESPONDENCE TO SHAWN KOHL. MTK MICHAEL T. KRANZ 12/08/10 B 0.10 30.00 19R8100 PREPARE AND REVIEW ATTORNEY FEE AFFIDAVIT. MTK MICHAEL T. KRANZ 12/08/10 B 0.10 30.00 19R8101 PREPARE AND REVIEW AFFIDAVIT OF PETER BERNHARDT. MTK MICHAEL T. KRANZ 12/08/10 B 0.50 150.00 19R8105 PREPARE AND REVIEW FINAL JUDGMENT. MTK MICHAEL T. KRANZ 12/08/10 B 0.20 60.00 19R8106 PREPARE AND REVIEW NOTICE TO SET CASE FOR TRIAL. Billable 2.20 660.00 Non-Billable 0.00 0.00 Suppressable 0.00 0.00 Total 2.20 660.00 Billed Time Code Name Date Code Hours $ Value Task Ref # Text MTK MICHAEL T. KRANZ 10/09/08 B 0.40 120.00 1440885 INITIAL REVIEW & SETUP MTK MICHAEL T. KRANZ 10/16/08 B 0.10 30.00 1448113 TELEPHONE CONFERENCE WITH BRANDT HARDY MTK MICHAEL T. KRANZ 10/30/08 8 0.10 30.00 1477811 REVIEW FILE MTK MICHAEL T. KRANZ 10/30/08 B 0.10 30.00 1477845 RECEIVE AND REVIEW E-MAIL FROM CLAUDIA MURPHY MTK MICHAEL T. KRANZ 11/17/08 B 1.20 360.00 14D4529 REVIEW LOAN DOCUMENTS: TELEPHONE CONFERENCE WITH CLAUDIA MURPHY; CORRESPONDENCE TO BORROWER AND GUARANTORS: CORRESPONDENCE TO CLAUDIA MURPHY: CORRESPONDENCE TO LAURA MCNEIL. MTK MICHAEL T. KRANZ 11/17/08 B 0.10 30.00 14D4677 RECEIVE AND REVIEW EMAIL FROM CLAUDIA MURPHY. MTK MICHAEL T. KRANZ 11/18/08 B 0.20 60.00 14D7549 RECEIVE AND REVIEW EMAIL FROM CLAUDIA MURPHY; CORRESPONDENCE TO HARDMAN DEVELOPMENT. MTK MICHAEL T. KRANZ 11/18/08 B 0.10 30.00 14D7567 RECEIVE AND REVIEW EMAILS FROM CLAUDIA MURPHY AND PREPARE EMAILS TO CLAUDIA MURPHY. LKM LAURA MCNEILL-PARA 11/19108 B 0.80 108.00 14E7819 RECEIVE AND REVIEW EMAIL FROM M. KRANZ; PREPARE AND REVIEW TAX SEARCHES LKM LAURA MCNEILL-PARA 11/25/08 B 0.40 54.00 14F5195 PREPARE AND REVIEW TITLE SEARCH MTK MICHAEL T. KRANZ 12/01/08 B 0.10 30.00 1461623 RECEIVE AND REVIEW LETTER FROM TRENT STEELE MTK MICHAEL T. KRANZ 12/04/08 B 0.10 30.00 1466597 RECEIVE AND REVIEW E-MAIL FROM CLAUDIA MURPHY AND PREPARE E-MAIL TO CLAUDIA MURPHY MTK MICHAEL T. KRANZ 12/04/08 B 0.20 60.00 1466601 TELEPHONE CONFERENCE WITH CLAUDIA MURPHY MTK MICHAEL T. KRANZ 12/05/08 B 0.10 30.00 1467241 PREPARE AND REVIEW STATUS REPORT MTK MICHAEL T. KRANZ 12/05/08 B 0.10 30.00 14H0787 TELEPHONE CONFERENCE WITH TRENT STEELE MTK MICHAEL T. KRANZ 12/05/08 B 0.10 30.00 14H0928 PREPARE MEMO MTK MICHAEL T. KRANZ 12/05/08 B 0.10 30.00 14H1034 TELEPHONE CONFERENCE WITH TRENT STEELE MTK MICHAEL T. KRANZ 12/08/08 B 0.20 so.00 14H4791 RECEIVE AND REVIEW LETTER FROM MICHAEL HARDMAN; CORRESPONDENCE TO CLAUDIA MURPHY. MTK MICHAEL T. KRANZ 12/10/08 B 0.10 30.00 14148798 PREPARE MEMO TO CLAUDIA MURPHY. MTK MICHAEL T. KRANZ 12/10/08 B 0.10 30.00 14H8858 OFFICE CONFERENCE WITH CLAUDIA MURPHY. EFTA01112249 Jones, Foster, Johnston 8 Stubbs. al Page 2 Run: 12/10/2010 11:13'00 AM File: MLDGR Matter Ledger Report 1/1/1970to 12/10/2010 Code Name Ink Atty MTK MICHAEL T. KRANZ Client 11304 PNC Bank,. fka National City Bank fife Fidelity Bill Atty MTK MICHAEL T. KRANZ Matter 00102 National City v. Hardman Development Corp. Resp Atty MTK MICHAEL T. KRANZ Billed Time Code Name Date Code Hours Value Task Ref # Text LKM LAURA MCNEILL-PARA 12/17/08 B 2.00 270.00 14K3505 PREPARE AND REVIEW MEMO TO M. KRANZ: REVIEW DOCKET SHEET RE. STATUS OF LAWSUIT • NOTICE OF LIS PENDENS FILED BY REIJO LAHTEENMAKI AND MARITA LAHTEENMAKI V. ABEL ECHEMENDIA, LUCY ECHEMENDIA, MICHAEL HARDMAN, STEPHEN R. ALEXANDER: OFFICE CONFERENCE WITH M. KRANZ: REVIEW DEEDS CONVEYING PROPERTY TO BORROWER MTK MICHAEL T. KRANZ 12/18/08 B 0.10 30.00 14K4022 TELEPHONE CONFERENCE WITH CLAUDIA MURPHY. LKM LAURA MCNEILL-PARA 12/18/08 B 1.20 162.00 14L8630 MEMO TO M. KRANZ RE: TITLE SEARCH, JUDGMENT SEARCHES, TAX SEARCHES, CODE ENFORCEMENT LIEN - VILLAGE OF PALM SPRINGS MTK MICHAEL T. KRANZ 12/19/08 B 0.20 60.00 14K5747 REVIEW TITLE SEARCH LKM LAURA MCNEILL-PARA 12/19/08 B 0.20 27.00 14K9664 CORRESPONDENCE TO FIDELITY NATIONAL TITLE RE: MORTGAGEE TITLE POLICY LKM LAURA MCNEILL-PARA 12/19/08 B 0.30 40.50 14L8670 CORRESPONDENCE TO FIDELITY NATIONAL TITLE RE: LOAN TITLE INSURANCE POLICY; CORRESPONDENCE FROM NAT CITY LKM LAURA MCNEILL-PARA 12/23/08 B 0.70 94.50 14K9866 CORRESPONDENCE TO MARY BERNER • FIDELITY NATIONAL TITLE RE: MORTGAGEE TITLE POLICY: TELEPHONE CONFERENCE WITH BILL SNYDER, ATTORNEYS' TITLE INSURANCE FUND RE: PRIORITY OF CODE ENFORCEMENT LIEN: REVIEW STATUTE MTK MICHAEL T. KRANZ 12/24/08 B 0.10 30.00 14L4328 REVIEW APPRAISAL OF PROPERTY. MTK MICHAEL T. KRANZ 12/24/08 B 0.10 30.00 14L4330 OFFICE CONFERENCE WITH LAURA MCNEIL. LKM LAURA MCNEILL-PARA 12/24/08 B 0.20 27.00 14L8633 TELEPHONE CONFERENCE WITH BILL SNYDER AND JOHN BENSON. ESQ. (ATTORNEYS' TITLE INSURANCE FUND) RE: VILLAGE OF PALM SPRINGS CODE ENFORCEMENT LIEN MTK MICHAEL T. KRANZ 12/26/08 8 0.20 60.00 14L4358 RESEARCH PROPERTY ORDINANCES. MTK MICHAEL T. KRANZ 01/08/09 B 0.10 30.00 14P9858 PREPARE AND REVIEW STATUS REPORT. MTK MICHAEL T. KRANZ 01/21/09 B 2.10 630.00 14T3294 REVIEW LOAN DOCUMENTS, TITLE SEARCH,