Final Judgment Of Foreclosure Template (Page 3 of 4) in pdf

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

reasonable.

If no default has been entered against the mortgagor:

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

counsel for the plaintiff that __________ hours were reasonably expended by that plaintiff’s

counsel and that an hourly rate of $ __________ is appropriate. Plaintiff’s counsel represents

that the attorneys’ fee awarded does not exceed its contract fee with the plaintiff. The court finds

that there is/are no reduction or enhancement factors for consideration by the court pursuant to

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 reduction or

enhancement 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 the at the flat fee is reasonable.

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, 140 WEST

FLAGLER STREET, ROOM 908, MIAMI , FLORIDA (TELEPHONE: (305) 375-5943),

WITHIN (10) DAYS AFTER THE SALE TO SEE IF THERE IS ADDITIONAL MONEY

Final Judgment Of Foreclosure Template Page 3