Sucessful Mortgage Discharge

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IN THE CIRCUIT COURT OF THE 7TH

JUDICIAL CIRCUIT, IN AND FOR

VOLUSIA COUNTY, fLORIDA

CIVIL DIVISION '3 1CASE NO.: dLo( 5161 gc; c(

BANK ONE, NATIONAL ASSOCIATION, AS

TRUSTEE,Plaintiff,

vs. NOTICE OF LIS PENDENS

ROBERT E. WARS; JERIL YNN L. WAtfu fiIK/A~RIL YN L.WARD; SARA SUE FUGAT,a; JOHN

DOE AND JANE DOE AS UNKNOWN

TENANT (8) IN POSSESSION OF THE SUBJECT

PROPERTY,

In Defendants,

lY-------

TO THE ABOVE STYLED DEFENDANTS AND ALL OTIIERS WHOM IT MAY CONCERN:

YOU ARE HEREBY NOTIFIED of the institution of this action by Plaintiff against you seeking to

foreclose a mortgage on the following property inVolusia County, Florida:

LOT 40, AND THE NORTHERLY 2.0 FEET OF LOT 39, TUSCA WILLA mGlll..ANDS,

ACCORDING TO TIlE PLAT THEREOF RECORDED INMAP BOOK 11, PAGE 234, PUBLIC

RECORDS OF VOLUSIA COUNTY, FLORIDA.

a/kIa 500 SOUTH SENECA BL VD. •DAYTONA BEACH, FL 32114

including the buildings, appurtenances, and fixtures located thereon.

Law Offices of Marshall C. Watson, P.A ..

1800 N.W. 49TH Street, Suite 120

Fort Lauderdale, F133309

Telephone: (954) 453-0365

Facsimile: (954) 771-6052

01-02987

c.._c:,N

U1 ~mo



\.

IN 1RE CIRCUIT COURT OF THE 7TH

JUDICIAL CIRCUIT, IN AND FOR VOLUSIA

COUNTY, FLORIDACIVIL DIVISION

CASE NO.: 2001 31518 CIC!

BANK ONE, NATIONAL ASSOCIATION, ASTRUSTEE

Plaintiff,

vs, NOTICE OF DROPPING PARTY DEFENDANT

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i i ; J

~~

£j~.~r"1

~!?;~. . . : :r:-r~-J .r-

: - - - . . , .~ . . . . . . .-.<")

: : -<0...".~r-.;c_ ,

COMES NOW. BANK. ONE, NATIONAL ASSOCIATION, AS TRUSTEE the P11ntiff, bysqd through

ROBERT E. WARD; JERILYNN L. WARD AfKJA

JERILYN L.WARD; SARA SUE FUGATE; JOHN

DOE AND JANE DOE AS UNKNOWN

TENANT (S) IN POSSESSION OF THE SUBJECf

PROPERTY.

Defendants.

its undersigned counsel and gives notice that PLAINTIFF voluntarily dropped JOHN AND JANE DOE AS

UNKNOWN TENANT (S) IN POSSESSION OF TIlE SUBJEcr PROPERTY; as defendant(s) to this action,

pursuant to the Fla. R. Civ, P. 1.25O{b)and 1.420 (a) (1),without prejudice.

I HEREBzc;;:;r that a true and correct copy of th e foregoing Notice of Dropping Party was mailed

this :;;;; day of • 20CJ ( 10 defendants on the attached service list:

Law Offices of Marshall C. Watson, P.A.1800 NW 49th Street, Suite 120

Fort Lauderdale, FL33309

Telephone: (954) 453-0365

Facsimile: (954) 771-6052

atricia A. Arango, Esq.

ar Number:479993

01-02987

• .I

1



-o Case No: 2001 31518 crcrMAILING LIST

ROBERT E. WARD

JERIL YNN L. WARD AIKlA JERILYN L.WARD500 SOUTH SENECA BOULEVARD

DAYTONA BEACH, FL. 32114

SARA SUE FUGATE

15363 S.E. IOSTIITERRACE ROAD

SUMMERFIELD, FL. 34491

JOHN AND JANE DOE AS UNKNOWN TENANT (S)

IN POSSESSION OF THE SUBJECT PROPERTY

500 SOUTH SENECA BOULEVARD


Ol~29g7



IN THE CIRCUIT COURT, SEVENTH

JUDICIAL CIRCUIT. IN AND FOR

VOLUSIA COUNTY, FLORIDA

CASE NO:

DIVISION:

2001-31518 crcr31

BANK ONE. NATIONAL ASSOCIATION, ETC.

Plaintiff,

1 2 / 3 0 / 2 0 0 2 1 1 : 2 1I n s t r u m e n t # 2 0 0 2 - 2 9 8 4 5 4Book: 4990

Pa.ge: 21.04v.

ROBERT E. WARD, ET. AL. ETC.

Defendant( s),

I- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

ORDER DENYING PLAINTIFF MOTION FOR

SUl\1MARY JUDGMENT WITH PREJUDICE

ORDER GRANTING MOTION TO DISMISS

COMPLAINT WITH PREJUDICE

ORDER DECLARING MORTGAGE LIS PENDENS

AND NOTE SATISFIED AND FULLY DISCHARGED

FINAL JUDGMENT FOR DEFENDANT'S

This cause came before the Court on Plaintiffs Motion For Summary Judgment.

The Court finds as follows:

1.

~~n / '0 ...,)

-I < : : : : >

This Complaint was filed July 25, 2001 by Bank One, National Asso~~ionN\s~ ' : " : : Ir : i- ~

CJTrustee. (J-

o·w +~ .c . , _ - ' :

The Complaint states the original note was lost or destroyed. The action is~.

... r..;:t ......d

foreclose a $60,800.00 mortgage given to Divers American Mortgage Company, 1St., a RP-ode..." CJl:-

Island lender. There is a reference in a mortgage Note and Allonge to Sun America and HSA

Residential Mortgage Services Of Texas Inc., but their connection is not set out in the

. ,. . . . . .



complaint. Baok:Page:

3. That on September 20, 2001 Plaintiff filed the Original Note.

49902J..05

4. The mortgage attached is an exhibit to the Complaint wholly illegible.

5. The Complaint claims Plaintiff owes the Note and Mortgage but the Complaint is

completely barren of factual allegations to establish ownership.

6. The Complaint fails to plead any facts to demonstrate the existence of any trust or set

forth what or for whom Plaintiff is Trustee.

7. That on September 21,2001 a Motion For Summary Judgment hearing was held before

Judge Joseph Will. The Wards appeared and Judge Will ordered the parties to Mediation.

8. That between March 7, and 19, 2002 Defendant Fugate filed affidavits and proof of

delivery by mail of Bill Of Acceptance- Time draft in the amount of &72,424.20 payable to

Homecoming Financial Network in Texas as directed by Mr. Burke of Marshall C. Watson

P.A. See paragraphs 22 and 25 of Fugate Sworn Affidavit Of Truth filed March 19, 2002.

9. That on April 1, 2002 Plaintiff renoticed its Motion For Summary Judgment including

establishment of "lost" documents.

10. That on Apri122, 2002 this Court conducted a hearing and DENIED the Motion For

Summary Judgment due to the evidence in the Court file and demonstration of the Draft in

payment by Defendant Fugate.

11. That on June 4, 2002 Defendant Fugate filed an Answer, and Petition For Injunction

and Affidavit Of Truth In Support Of Petition. The affidavit stated payment had been several

times tendered but refused because the Watson law firm preferred a different form of payment.



BoOk: 4990-page: 2106

12. That on July 10, 2002 Fugate filed an Affidavit Regarding Discharge Of Indebtedness

stating tender of payment of $72,428.05 by Bill Of Exchange on February 6, 2002; tender of

payment of $72,005.22 by Bill Of Exchange dated July 9, 2002.

13. That attached to that Affidavit is a copy of a letter from Plaintiff that says $14,437.27

will reinstate mortgage.

14. That on July 10, 2002 this Court again DENIED Plaintiff's Motion For Summary

Judgment, declared the mortgage satisfied, and dismissed the Complaint with prejudice.

15. That Motion For Rehearing And Clarification has been DENIED.

WHEREFORE IT IS HEREBY ORDERED AND ADJUDGED:

A. That the Plaintiff Bank One Motion For Summary Final Judgment is DENIED

WITH PREJUDICE.

B. That the mortgage balance has been paid and the mortgage satisfied by tenders

of payment by Defendants.

C. That the refusal of payment tenders by Plaintiff and those acting in its behalf has

been intentional, arbitrary, capricious; and in violation and defiance of State and Federal law;

and maliciously calculated to deprive defendants of their property and their rights;

D. That the Mortgage and Note are declared to be fully satisfied and fully

discharged.

E. That the defendants Motion To Dismiss Complaint and Discharge is GRANTED

and the Complaint is DISMISSED WITH PREJUDICE.

F. That the Lis Pendens is hereby released and discharged;



G. That the Clerk of Court shall record this Order And Final Judgment in the

Official Records Of Volusia County in order that the title shall be cleared of this suit and the

mortgage lien.

DONE AND ORDERED in Chambers at Daytona Beach Volusia County, Florida

t#--~fDecember. 2002.

CERTIFICATE OF SERVICE

Ihereby certify that a true and correct copy of the foregoing has been nished by

U.S. Mail to the below listed parties this~y of Dece ber 2002.~---::::~

Amy Post, Esquire

Robert E. Ward and Jerilynn L.Ward

Sara Sue Fugate




JUDICIAL CIRCUIT. IN AND FOR


CASE NO:

DIVISION:

2001-31518 crcr31

BANK ONE. NATIONAL ASSOCIATION, ETC.

Plaintiff,

1 2 / 3 0 / 2 0 0 2 1 1 : 2 1I n s t r u m e n t # 2 0 0 2 - 2 9 8 4 5 4Book: 4990

Pa.ge: 21.04v.

ROBERT E. WARD, ET. AL. ETC.

Defendant( s),

I- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -


SUl\1MARY JUDGMENT WITH PREJUDICE



ORDER DECLARING MORTGAGE LIS PENDENS

AND NOTE SATISFIED AND FULLY DISCHARGED




1.

~~n / '0 ...,)

-I < : : : : >

This Complaint was filed July 25, 2001 by Bank One, National Asso~~ionN\s~ ' : " : : Ir : i- ~

CJTrustee. (J-

o·w +~ .c . , _ - ' :

The Complaint states the original note was lost or destroyed. The action is~.

... r..;:t ......d

foreclose a $60,800.00 mortgage given to Divers American Mortgage Company, 1St., a RP-ode..." CJl:-



. ,. . . . . .



complaint. Baok:Page:


49902J..05






7. That on September 21,2001 a Motion For Summary Judgment hearing was held before






9. That on April 1, 2002 Plaintiff renoticed its Motion For Summary Judgment including


10. That on Apri122, 2002 this Court conducted a hearing and DENIED the Motion For








BoOk: 4990-page: 2106











WITH PREJUDICE.







discharged.








mortgage lien.


t#--~fDecember. 2002.


Ihereby certify that a true and correct copy of the foregoing has been nished by

U.S. Mail to the below listed parties this~y of Dece ber 2002.~---::::~

Amy Post, Esquire


Sara Sue Fugate



IN THE CIRCUIT COURT OF THE

7TH JUDICIAL CIRCUIT, IN AND

FOR VOLUSIA COUNTY,

FLORIDA

CIVIL DIVISIONCASE NO.: 2001 31518 CICI

BANK ONE, NATIONAL

ASSOC IAT ION , AS TRUSTEEPlaintiff,

vs.

ROBERT E. WARD; JERlL YNN L.

WARD AfKJ A JERlL YN L.

WARD; SARA SUE FUGATE;

JOHN DOE AND JANE DOE AS

UNKNOWN TENANT (S) INPOSSESSION OF THE SUBJECT

PROPERTY,

1 2 / 3 0 / 2 0 0 2 1 1 : 2 1

I n s t r u m e n t # 2 0 0 2 - 2 9 8 4 5 6Book: 4990Page: 2112

Defendants.

ORDER ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

THIS CAUSE having come before the Court and the Court being duly advised; it

I S :

ORDERED AND ADJUDGED:

1.

2.

Plaintiffs Motion for Summary Judgment is Denied.

A representative of the Plaintiff shall personally appear before this Court

regarding any future hearing.

This case is Dismissed. h'

(") r --..:J

-i =;<p ~[:;,-'

3 .



Book: 4990Pa.ge: 2~~3D l a n e M . M a t o u s e kV o l u s l a C o u n t y , C l e r K o f C o u r t

Case No.: 2001 31518 CICI

MAILING LIST

ROBERT E. WARD

lERIL YNN L. WARD AlK/A lERIL YN L.WARD

605 NORTHLAKE BLVD.

ALTAMONfE SPRINGS, FLORIDA 32701

SARA SUE FUGATE

15363 S.E. 105TH TERRACE ROAD


JOHN AND JANE DOE AS UNKNOWN TENANT (8)


500 soura SENECA BOULEVARD







CIVil..,DIVISIONCASE NO.: 2001-31518 crcr

BANK ONE, NATIONAL ASSOCIATION,

AS TRUSTEE,

Plaintiff,

0 1 / 0 7 / 2 0 D 3 1 3 : 0 2

I n s t r u m e n t I 2 0 0 3 - 0 0 2 7 9 7Book: 4994Pa.ge: 2931

s.

ROBERT E. WARD; JERIT.YNN WARD

AJKJ A JERILYN L. WARD; SARA SUE

FUGATE; JOHN DOE AND JANE DOEAS UNKNOWN TENANTS IN

POSSESSION OF THE SUBJECT

PROPERTY,

Respondent.

/

NOTICE OF APPEAL

NOTICE IS GIVEN that Plaintiff, BANK ONE, NATIONAL ASSOCIATION, AS

TRUSTEE, appeals to the Fifth District Court of Appeal the orders entered by the Honorable

William C. Johnson on December 24,2002 and December 27,2002. The nature of the orders are

final orders denying Plaintiffs Motion for Summary Judgment and dismissing case entered

December 24, 2002; Order Denying Motion for Clarification and or Rehearing entered

December 27. 2002; and Order Denying Plaintiff [sic] Motion for Summary Judgment with

Prejudice, Order Granting Motion to Dismiss Complaint With Prejudice; Order Declaring

Mortgage, Lis Pendens and Note Satisfied and Fully Discharged, and Final Judgment for

Defendant's entered on December 27, 2002. Copies of the above-described orders are attached

hereto as Exhibits "1", "2" and "3" respectively.



Book: 4994Page: 2933



FOR VOLUSIA COUNTY,

FLORIDA

CIVIL DIVISION

CASE NO.: 2001 31518 crcr

BANK ONE) NATIONAL

ASSOCIATION, AS TRUSTEE

Plaintiff,

vs.

ROBERT E. WARD; JERIL YNN L.

WARD NKJ A JERILYN L.

WARD; SARA SUE FUGATE;

JOHN DOE AND JANE DOE AS

UNKNOWN TENANT (S) INPOSSESSION OF THE SUBJECT

PROPERTY.

Defendants.

ORDER ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

THIS CAUSE having come before the Court and the Court being duly advised; it

is:


1. Plaintiff's Motion for Summary Judgment is Denied.

2. A representative of the Plaintiff shall personally appear before this Court

regarding any future hearing.

3. This case is Dismissed.

ORDERED at Daytona, Volusia County. Florida, on this ~ay of j f ! l l C 4 kL----. 2002 )/lI!l'~ P / 4 - - ; 7VA~ JU ~r/fqc:;t l l f2_

~~~

IEXHIBIT



Case No.: 2001 31518 ClCI

MAILING LIST

ROBERT E. WARD

JERIL YNN L. WARD A1KJA JERILYN L.WARD605 Northlake Blvd.

Altoma Springs, Florida 32701

SARA SUE FUGATE

15363 S.E.10STH TERRACE ROAD


JOHN AND JANE DOE AS UNKNOWN TENANT (S)


500 SOUTH SENECA BOULEVARD









CASE NO: 2001-31518 CICIDIVISION: 31

BANK ONE, NATIONAL ASSOCIATION, ETC.

I Plaintiff,

V .

ROBERT E. WARD, ET. AL. ETC.Defendant(s) •

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . 1

ORDER DENYING MOTION FOR CLARIFICATION AND OR REHEARING

The cause having come before the Court and the Court being fully advised in the

premises, IT IS HEREBY ORDERED AND ADJUDGED that the Motion For Clarification

And Or Rehearing is DENIED.

DONE AND ORDERED inChambers at Daytona Beach Volusia County, Florida~ad

th~f December, 2002.

Copies To:

Amy Post, Esquire


Sara Sue Fugate

John and Jane Doe as unknown tenants

": .. -

IEXHIBIT






VOLUSIA COUNTY. FLORIDA

CASE NO: 2001-31518 crcrDIVISION: 31

BANK ONE, NATIONAL ASSOCIATION, ETC.

i Plaintiff,

v.

ROBERT E.WARD, ET. AL. ETC.

Defendant( s),

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ,


SUMMARY JUDGMENT WITH PREJUDICE



ORDER DECLARING MORTGAGE LIS PENDENSAND NOTE SATISFIED AND FULLY DISCHARGED




1. This Complaint was filed July 25, 2001 by Bank One, National Association, As

Trustee.

2. The Complaint states the original note was lost or destroyed. The action is to

foreclose a $60,800.00 mortgage given to Divers American Mortgage Company, Inc. , a Rhode



IEXHIBIT

3



Book:Page:

4994

2937

complaint.







7. That on September 21, 2001 a Motion For Summary Judgment hearing was held before






9. That on April 1. 2002 Plaintiff renoticed its Motion For Summary Judgment including


10. That on April 22. 2002 this Court conducted a hearing and DENIED the Motion For








Book:Pa.ge:

49942938











WITH PREJUDICE.







discharged.






Book: 4994Page: 2938-AD i a n e M . MatousekV o l u s i a C O u n t y , C l e r k o f C o u r t



mortgage lien.


t.,p_~f December. 2002 .

.I


I hereby certify that a true and correct copy of the foregoing has been

U.S. Mail to the below listed parties this$day of Dece ber 2002.K_--:: : : ; ; ; : ; ; ; - - -

Amy Post, Esquire

Robert E. Ward and Jerilynn L. Ward

Sara Sue Fugate



1 0 1 2 4 1 2 0 0 3 1 1 : 0 9 A MI n s t r u m e n t # 2 0 0 3 - 2 6 9 6 7 8Book: 5193Pa.ge: 757


JUDICIAL CIRCUIT IN AND FOR



AS TRUSTEE,

CASE NO. 2001 31518 CICI

DIVISION 31

Plaintiff,

vs.

ROBERT E.W ARD; JERILYN WARD A!KI A

JERILYN L.WARD; SARAH SUE FUGATE,

Defendants._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . 1

ORDER ON PLAINTIFF'S MOTIONS FOR RELIEF

FROM FINAL JUDGMENT AND ORDERS

THIS CAUSE came before the court for hearing on October 8, 2003, on

Plaintiffs Motions for Relief from Final Judgment and Orders per rule 1.540(b), Fla. R.<:" .. ,

Civ. P. The cour t having heard testimony and evidence submitted by th e parties {le ' reto\-:1!_ . '.. . . . . . ';,

is ORDERED AND ADJUDGED as follows:

I . FINDINGS OF FACT

r,:~ r(' , - S = ~

ll':-

C, -- ~.::..;;

.~.,... .# '"

1.

c

Defendant, SARA SUE FUGATE presented an instrument entitled~Bill of'"T) 0"

r

Exchange" dated February 6, 2002 as purported payment of the mortgage at issue in this

action. The subject bill of exchange, admitted into evidence in this matter, purports to be

redeemable through the "Personal Direct uec Contract Trust Account" that the

defendant claimed to have with an entity described as Department of Treasury Bank. The

instrument was drafted by the defendant and was allegedly issued in the amount of $72,

424.40. Defendant sent the bill of exchange to a payment processing center in

Richardson, Texas, which was operated by a subsidiary of Mellon Bank. according to the

testimony adduced from the Plaintiff's agent, Rodney Willis. Mr. Willis testified that the



Book:Page:

5193758

defendant's bill of exchange was returned by the processing center as uncollectible. The

defendant's bill of exchange was presented with a "Letter of Advice," which provided

that the recipient of the instrument should submit the original bill of exchange to the

Secretary of the Treasury, United States Department of the Treasury for processing. Also

admitted into evidence was another Bill of Exchange from the defendant dated July 9,

2002 in the purported amount of $72,005.22. Except for the date and amount, the second

instrument is identical to the first. The bills of exchange were signed by the defendant

"without recourse".

2. When called by counsel for the plaintiff as a witness, Ms. Fugate refused

to swear or affirm that she would tell the truth. As a result, Ms. Fugate was not permitted

to testify.

3. Plaintiff offered the testimony of William C. Kerr, National Bank

Examiner, Fraud Division, of the United States Department of the Treasury, Office of the

Comptroller of the Currency. Mr. Kerr testified that he has been employed in his official

position for a period in excess of25 years. Mr. Kerr's official duties include the review of

fraudulent financial instruments purportedly payable by the U.S. Treasury. Mr. Kerr has

reviewed fraudulent fmancial instruments and testified as a witness in prior judicial

proceedings brought by the federal government. Mr. Kerr testified that the instruments

submitted by the defendant were fraudulent and worthless, with respect to the instruments

being redeemable by the u.s. Treasury. Mr. Kerr stated that there are no accounts

offered by the U.S. Treasury as alleged in defendant's instruments. Ms. Fugate's account

does not exist, according to the testimony of Mr. Kerr. Further, his agency has taken

official action in advising national banks under the purview of the U.S. Treasury to

2



Book:Page:

5~93759

submit any such instrument to the Federal Bureau of Investigation. Mr. Kerr also testified

that instruments like those submitted by the defendant are being promoted on the Internet

in connection with "mortgage elimination programs," which are touted as a method of

discharging debt without actual payment. Mr. Kerr advised that various agencies of the

federal government are investigating the promoters of such fraudulent schemes.

4. Rodney Willis, co-cashiering manager of Plaintiffs agent, testified that

the defendant's bill of exchange, dated February 6, 2002, was received by the payment

processing center, a subsidiary of Mellon Bank, and returned to his attention as

uncollectible. Mr. Willis also testified that no payments under the mortgage at issue had

been received since the institution of this action and that Plaintiff had advanced funds for

the payment oftaxes and insurance on the subject property.

5. The defendant did not testify on her own behalf, since she refused to

affirm to tell the truth as required by Florida law. The only evidence submitted in support

of defendant's contention that her instruments were valid payment, was the testimony of

Jerry Williamson. Mr. Williamson testified that he had been convicted of conspiracy to

distribute a controlled substance and had served a prison sentence in excess of one year.

Mr. Williamson testified that he submitted a bill of exchange to the clerk of the federal

district court in Waco, Texas, as payment of a criminal penalty associated with his

conviction. The purported amount of Mr, Williamson's bill of exchange was $7,000.00.

Mr. Williamson's instrument, admitted into evidence, is substantially similar to the

instruments presented by Ms. Fugate. When asked by Plaintiffs counsel whether Mr.

Williamson had opened an account with currency to pay his bill of exchange, Mr.

Williamson testified that he opened his account with the U.S. Treasury by "reclaiming"

3

----- -- . ._---



Book:Page:

5193760

his birth certificate, which he asserted had been "monetized" by the federal government

to the International Monetary Fund as security for the debts of the United States. Mr.

Williamson related that the federal government was essentially an enemy of the people

and that his bill of exchange was submitted to "settle" his debt with the government.

However, Mr. Williamson did not know whether his bill of exchange had actually been

paid. On rebuttal, Mr. Kerr reviewed Mr. Williamson's instrument and testified that it

was also a fraud and worthless, for the same reasons attributed to the defendant's

instruments.

6. The court file reflects that the final judgment and orders entered on

December 24, 2002 and December 27, 2002, were entered without an evidentiary hearing

or trial. The hearings conducted prior to entry of the orders at issue, were on motions for

summary judgment filed by Plaintiff and a motion to dismiss the complaint filed by Ms.

Fugate.

II. CONCLUSIONS OF LAW

7. The court construes adversely to Ms. Fugate her refusal to be properly

sworn as a witness in this matter. Ms. Fugate has acted as her own counsel in this

proceeding. The court has not considered statements made by Ms. Fugate in support of

her instruments, as such statements were improper argument not based upon evidence. As

to the testimony of Jerry Williamson offered by the defendant to support her instruments

as valid payment, the Court finds that Mr. Williamson's testimony failed to rebut the

substantial evidence of fraud adduced by Plaintiff.

8. The unrebutted testimony of Willam Kerr confmns that the instruments

submitted to the Plaintiffs agent by Ms. Fugate are fraudulent. Plaintiff has proven by a

4



Book:Page:

51..93761

preponderance of the evidence that the bills of exchange submitted by Ms. Fugate were

returned by Plaintiffs bank as uncollectible. Furthermore, the subject instruments could

not be payable by the U.S. Treasury. as the so-called personal direct vec Contract Trust

Account claimed by Ms. Fugate does not exist. In addition, a review of the instruments

shows that Ms. Fugate issued the bills of exchange without recourse. Therefore, even if

she had tendered a valid instrument, payment was without recourse and conditional. A

valid tender requires the production and delivery of unconditional payment. Rissman on

Behalf of Rissman !nv. Co. v. Kilbourne, 706 So.2d 75 (Fla. 1st DCA 1994).

Accordingly, the court finds that Ms. Fugate submitted a fraudulent financial instrument

to the Plaintiff in purported payment of the subject mortgage. The intrinsic fraud

committed by Ms. Fugate, in SUbmitting the fraudulent instrument and in representing to

the court that she tendered lawful payment, resulted in the entry of final judgment against

Plaintiff Since no trial was conducted on the disputed issue of tender and payment prior

to the entry of final judgment, the court finds that said orders were the result of fraud and

surprise within the purview of rule 1.540(b). Fla. R. Civ. P. Further. as a result of the

fraud and surprise found by the Court to have occurred, it would clearly be inequitable to

permit the orders and final judgment to have prospective application.

9. Accordingly. Plaintiff Bank: One's Motion for Relief is granted. The Final

Judgment entered December 27. 2002, the order of dismissal with prejudice entered

December 24, 2002 and order denying rehearing entered December 27, 2002 in this

action are hereby vacated, set aside and of no further force or effect.

10. The note and mortgage at issue in this case, said mortgage recorded at

Official Records Book 4581, Page 1727, Public Records of Volusia County, Florida are

5



Book: 519::3Page: 762D i a n e M . M a t o u s e kV o l u s i a C o u n t y ~ C l e r k o f C o u r t

hereby reinstated. The lis pendens, recorded at Official Records Book 4719, Page 326 of

the Public Records of Volusia County, Florida is hereby reinstated.

11. Based upon Defendant Sara Sue Fugate's presentment of fraudulent

instruments in alleged payment of the subject mortgage, and her misleading statements

and argument before the Court, the Court finds that Plaintiff is entitled to its attorney's

fees and costs incurred in defending Defendant Fugate's spurious claims. At no time did

Defendant's claims of payment have any support in fact or law. See: F.S. 57.105 (1).

DONE AND ORDERED in Chambers at Daytona Beach, Volusia County,

Florida this ';..3 day of October, 2003.

J~Circui udge

Copies by mail to:

Wm. David Newman, Jr.

Sara Sue Fugate

Robert Ward

Jerilyn Ward

6



1 1 / 2 0 / 2 0 0 3 0 3 : 5 3 P MI n s t r u m e n t # 2 0 0 3 - 2 9 4 4 6 6Book: 5210Page: 4470

IN TIlE CIRCUIT COURT OF TIIE 7TH ruDICIAL CIRCmT,

IN AND FOR VOLUSlA COUNTY, FLORIDA

CIVIL DIVISION

CASE NO.: 2001-31518 CICI

BANK ONE, NATIONAL

ASSOCIATION, AS TRUSTEE,

)

)))

) NOTICE OF APPEAL

) OF FINAL ORDER)

))

)

Plaintiff,

v.

Robert E. Ward, et al,

Defendant.

NOTICE IS GIVEN that Sara Sue Fugate, Defendant, appeals to the Fifth District Court

of Appeals, Daytona Beach., Florida, the order of this court rendered on October 23, 2003,

confirmed copy of which is attached. The nature of the order is a final order granting the

plaintiff's motion for relief from final judgment and order rendered by Judge William C. Johnson

on December 27, 2002.

c ." :;;

~') c;

0_. <t" .~ . ~ ~ ;;~ ~~a~~ : ; ; , J ; 0Sara Sue Fugate: ate Party, Non Assum~it.~

clo 15363 Southeast 105th Terrace Road if5~Summerfield, Florida [34491] ~~ ~

02 N;:<= l ••

;:0 or

I HEREBY CERTIFY that a true, correct, certain, and not misleading copy 7ff the

foregoing NOTICE OF APPEAL was delivered to the Clerk of Courts and provided by U.S.

Mail to Wm. David Newman, Jr., Attorney for Appellant, 1800 N.W. 49th Street, Suite 120, Fort

Lauderdale, Florida 33309, this £l ~ clayof November, 2003 AD.

11

r-mo



" .Book: 5210Page: 4471

IN THE CIRCUIT COURT OF THE 7TH JUDICIAL CIRCUIT IN AND FOR


BANK ONE~NATIONAL ASSOCIATION,

AS TRUSTEE,

CASE NO. 2001 31518 crcrDIVISION 31

Plaintiff,

vs.

ROBERT RWARD; JERILYN WARD NKJA

JERILYN L. WARD; SARAH SUE FUGATE,

Defendants.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~ /

ORDER ON PLAINTIFF'S MOTIONS FOR RELIEF

FROM FINAL JUDGMENT AND ORDERS

THIS CAUSE came before the court for hearing on October 8, 2003, on

Plaintiffs Motions for Relief from Final Judgment and Orders per rule 1.540(b), Fla, R.

Civ. P. The court having heard testimony and evidence submitted by the parties hereto. it

is ORDERED AND ADruDGED as follows:

L FINDINGSOFFACT

1. Defendant, SARA SUE FUGATE presented an instrument entitled "Bill of

Exchange" dated February 6, 2002 as purported payment of the mortgage at issue in this

action. The subject bill of exchange, admitted into evidence inthis matter, purports to be

redeemable through the "Personal Direct uec Contract Trust Account" that the

defendant claimed to have with an entity described as Department of Treasury Bank. The

instrument was drafted by the defendant and was allegedly issued in the amount of $72,

424.40. Defendant sent the bill of exchange to a payment processing center in

Richardson, Texas, which was operated by a subsidiary of Mellon Bank, according to the

testimony adduced from the Plaintiff s agent, Rodney Willis. Mr. Willis testified that the



· .Book:Page:

52104472

defendant's bill of exchange was returned by the processing center as uncollectible. The

defendant's bill of exchange was presented with a «Letter of Advice," which provided

that the recipient of the instrument should submit the original bill of exchange to the

Secretary of the Treasury, United States Department of the Treasury for processing. Also

admitted into evidence was another Bill of Exchange from the defendant dated July 9.

2002 in the purported amount of $72,005.22. Except for the date and amount, the second

instrument is identical to the first. The bills of exchange were signed by the defendant

"without recourse".

2. When called by counsel for the plaintiff as a witness, Ms. Fugate refused

to swear or affirm that she would tell the truth. As a result, Ms. Fugate was not permitted

to testify.

3. Plaintiff offered the testimony of William C. Kerr. National Bank

Examiner, Fraud Division, of the United States Department of the Treasury, Office of the

Comptroller of the Currency. Mr.Kerr testified that he has been employed in his official

position for a period in excess of25 years. Mr. Kerr's official duties include the review of

fraudulent financial instruments purportedly payable by the U.S. Treasury. Mr. Kerr has

reviewed fraudulent financial instruments and testified as a witness in prior judicial

proceedings brought by the federal govenunent. Mr. Kerr testified that the instruments

submitted by the defendant were fraudulent and worthless. with respect to the instruments

being redeemable by the U.S. Treasury. Mr. Kerr stated that there are no accounts

offered by the U.S. Treasury as alleged in defendant's instruments. Ms. Fugate's account

does not exist, according to the testimony of Mr. Kerr. Further. his agency has taken

official action in advising national banks under the purview of the U.S. Treasury to

2



, .Book:Page:

52104473

submit any such instrwnent to the Federal Bureau of Investigation. Mr.Kerr also testified

that instruments like those submitted by the defendant are being promoted on the Internet

in connection with "mortgage elimination programs," which are touted as a method of

discharging debt without actual payment. Mr. Kerr advised that various agencies of the

federal government are investigating the promoters of such fraudulent schemes.

4. Rodney Willis, co-cashiering manager of Plaintiffs agent, testified that

the defendant's bill of exchange. dated February 6, 2002, was received by the payment

processing center, a subsidiary of Mellon Bank,. and returned to his attention as

uncollectible. Mr. Willis also testified that no payments under th~mortgage at issue had

been received since the institution of this action and that Plaintiff had advanced funds for

the payment of taxes and insurance on the subject property.

5. The defendant did not testify on her own behalf, since she refused to

affirm to tell the truth as required by Florida law. The only evidence submitted in support

of defendant's contention that her instruments were valid payment, was the testimony of

Jerry Williamson. Mr.Williamson testified that he had been convicted of conspiracy to

distribute a controlled substance and had served a prison sentence in excess of one year.

Mr. Williamson testified that he submitted a bill of exchange to the clerk of the federal

district court inWaco, Texas, as payment of a criminal penalty associated with his

conviction. The purported amount of Mr. Williamson's bill of exchange was $7,000.00.

Mr. Williamson's instrument, admitted into evidence. is substantially similar to the

instruments presented by Ms. Fugate. When asked by Plaintiff's counsel whether Mr.

Williamson had opened an account with currency to pay his bill of exchange, Mr.

Williamson testified that he opened his account with the U.S. Treasury by '"reclaiming"

3



, '

Book: ,52~OPage: 4474

his birth certificate. which he asserted had been "monetized" by the federal government

to the International Monetary Fund as security for the debts of the United States. M r.

Williamson related that the federal government was essentially an enemy of the people

and that his bill of exchange was submitted to "settle" his debt with the govenunent.

However, Mr. Williamson did not mow whether his bill of exchange had actually been

paid. On rebuttal, Mr. Kerr reviewed Mr. Williamson's instrument and testified that it

was also a fraud and worthless, for the same reasons attributed to the defendant's

instruments.

6. The court file reflects that the final judgment, and orders entered on

December 24, 2002 and December 27, 2002, were entered without an evidentiary hearing

or trial. The hearings conducted prior to entry of the orders at issue",were on motions for

summary judgment filed by Plaintiff and a motion to dismiss the complaint filed by Ms.

Fugate.

II. CONCLUSIONS OF LAW

7. The court construes adversely to Ms. Fugate her refusal to be properly

sworn as a witness in this matter. Ms. Fugate has acted as her own counsel in this

proceeding. The court has not considered statements made by Ms. Fugate in support of

her instruments, as such statements were improper argument not based upon evidence. As

to the testimony of Jeny Williamson offered by the defendant to support her instruments

as valid payment, the Court :f inds that Mr. Williamson's testimony failed to rebut the

substantial evidence of fraud adduced by Plaintiff.

8. The unrebutted testimony of Willam Kerr confirms that the instruments

submitted to the Plaintiffs agent by Ms. Fugate are fraudulent. Plaintiff has proven by a

4



..' .. .

Book:Page:

521.04475

preponderance of the evidence that the bills of exchange submitted by Ms. Fugate were

returned by Plaintiff's hank as uncollectible. Furthermore, the subject instruments could

not be payable by the U.S. Treasury, as the so-called personal direct UCC Contract Trust

Account claimed by Ms. Fugate does not exist. In addition, a review of the instruments

shows that Ms. Fugate issued the bills of exchange without recourse. Therefore, even if

she had tendered a valid instrument, payment was without recourse and conditional. A

valid tender requires the production and delivery of unconditional payment. Rissman on

Behalf of Rissman Inv. Co. v. Kilbourne, 706 So.2d 75 (pIa 1st DCA 1994).

Accordingly, the court finds that Ms. Fugate submitted a fraudulent financial instrument

to the Plaintiff in purported payment of the subject mortgage. The intrinsic fraud

committed byM s. Fugate .. in submitting the fraudulent instnnnent and in representing to

the court that she tendered lawful payment, resulted in the entry of final judgment against

Plaintiff. Since no trial was conducted on the disputed issue of tender and payment prior

to the entry of final judgment, the court finds that said orders were the result of fraud and

surprise within the purview of rule 1.540(b), Fla. R. Civ. P_Further, as a result of the

fraud and surprise found by the Court to have occurred, it would clearly he inequitable to

permit the orders and final judgment to have prospective application.

9. Accordingly, Plaintiff Bank One's Motion for Relief is granted. The Final

Judgment entered December 27, 2002, the order of dismissal with prejudice entered

December 24, 2002 and order denying rehearing entered December 27, 2002 in this

action are hereby vacated, set aside and of no further force or effect.

10. The note and mortgage at issue in this case, said mortgage recorded at

Official Records Book 4581, Page 1727, Public Records ofVolusia County, Florida are

5



" I .. ..

. "

Book: 5210Page: 4476D i a n e M . M a t o u s e kV o l u s i a C o u n t y , C l e r k o f C o u r t

hereby reinstated. The lis pendens, recorded at Official Records Book 4719, Page 326 of

the Public Records of Volusia County, Florida is hereby reinstated.

11. Based upon Defendant Sara Sue Fugate's presentment of fraudulent

instrwnents in alleged payment of the subject mortgage? and her misleading statements

and argument before the Court, the Court finds that Plaintiff is entitled to its attorney's

fees and costs incurred in defending Defendant Fugate's spurious claims. At no time did

Defendant's claims of payment have any support in fact or law. See: F.S. 57.105 (1).

DONE AND ORDERED in Chambers at Daytona Beach, Volusia County,

Florida this __ day of October, 2003.

SIGNED& DAT~6

O C T 2 3 2 0 0 3

JO HN W . V 1ATSO N I"

JohnW. WatsonllI

Circuit Judge

Copies by mail to:

Wm. David Newman, Jr.

Sara Sue Fugate

Robert Ward

Jerilyn Ward

6



THOMAS D. SAWAYA

CHIEF JUDGE

•

102/2003 0 8 : 3 6 A Ms t r u m e n t # 2 0 0 3 - 3 0 2 2 3 5oak: 52:1..6

Page: 207

WINIFRED J. SHARP

EARLE W. PETERSON. JR.

JACQUELINE R. GRIFFINR. THOMPSON, JR.

ROBERT J. PLEUS, JR.

WILLIAM D. PALMER

RICHARD B. ORFINGERDAVID A. MONACO

VINCENT G. TORPY, JR.JUDGES

DISTRICT COURT OF APPEAL

FIFTH DISTRICT

FRANK J. HABERSHAW

CLERK

300 SOUTH BEACH STREETDAYTONA BEACH, FLORIDA 32114

(386) 255-8600-CLERK

TV W. BERDEAUX

MARSHAL

MEMORANDUM

To: The Clerk of the Circuit Court Addressed or The Administrative Agency Addressed

From: Frank J. Habershaw, Clerk

Fifth District Court of Appeal

By: KELLY WALDRON

Deputy Clerk

DATE: November 26, 2003 --SUBJECT: FINAL ORDER

Fifth DCA No.: SD03-91

County of Origin: Vo1us ia

~:,>~.' )

'U. . , . . . - -r-z

-,r

-< :

Trial Court No. 2001-31S18CICI

Pursuant to the provisions of Rule 9.350 (c), Florida Rules of Appellate Procedure,

attached is a conformed copy of the Final Order of this Court disposing of the subject Appeal.

Please take the necessary action to adjust your records consistent with such order.

NO MANDATE WILL BE ISSUED IN THIS CAUSE.

~\



IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDAFIFTH DISTRICT

BANK ONE, NATIONAL

ASSOCIATION. ETC.•

BoOk: 52~6Pa.ge: 208D i a n e M . M a t o u s e kV o l u s i a C o u n t y ~ C l e r k o f C o u r t

Appellant.

v . Case No. 5D03-91

ROBERT E. WARD, ET AL.

Appellee.

----------------------~/

DATE: November 7,2003

BY ORDER OF THE COURT:

ORDERED that Appellant's NOTICE OF VOLUNTARY DISMISSAL, filed

November 6, 2003. is approved, and the above-styled cause is dismissed. Upon

consideration hereof, it is

ORDERED that Appellant's Motions For Attorney's Fees And Costs, filed May

19,2003, and October 29,2003, are moot.



,ll ..

. " • 06 /07 /2004 01 :47 PMInstrument' 2004-138914

Book = 5335

Page: 1051

THOMAS D. SAWAYA

CHIEF JUDGE

WINIFRED J. SHARP

EARLE W. PETERSON, JR.

JACQUELINE R. GRIFFINMERSON R. THOMP80f\f, JR.

ROBERT J. PLEUS, JR.

WILLIAM D. PALMER

RICHARD B. ORFINGER

DAVID A. MONACOVINCENT G. TORPY, JR.

JUDGES

DISTRICT COURT OF APPEAL

FIFTH DISTRICT

300 SOUTH BEACH STREETDAYTONA BEACH, FLORIDA 32114

(386) 255-8600;CLERK

FRANKJ.HABERSHAW

CLERK

TYW. BERDEAUX

MARSHAL

MEMORANDUM

To: The Clerk of the Circuit Court Addressed or The Administrative Agency Addressed

From: Frank J. Habershaw, Clerk

Fifth District Court of Appeal

By: KELLY WALDRON

Deputy Clerk

County of Origin: Volusia

SUBJECT: FINAL ORDER

DATE: June 3, 2004

Fifth DCA No.: 5D03-3849

Trial Court No. 2001-31S18-CICI

Pursuant to the provisions of Rule 9.350 (c), Florida Rules of Appellate Procedure.

attached is a conformed copy of the Final Order of this Court disposing of the subject Appeal.

Please take the necessary action to adjust your records consistent with such order.

NO MANPATE WILL BE ISSUED IN TIDS CAUSE.



•N THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

SARA SUE FUGATE,Appellant,

v . CASE NO. 5003-3849

BANK ONE, NATIONALASSOCIATION, ETC., ET AL.,

Appellee.

______________~--~I

DATE: May 17, 2004

BY ORDER OF THE COURT:

ORDERED that Appellant's WITHDRAWAL OF APPEAL, filed May 6, 2004, is

approved. Accordingly, the above-styled appeal is dismissed. It is further

ORDERED that Appellee's MOTION FOR ASSESSMENT OF ATIORNEY'S FEES

AND COSTS, filed April 5, 2004, is denied.

nr-

G:lM0:::0c:::~

.."::;10

o..of."

'--\ c:: - __

~~ ::III:: p-C?n I ~; : : ; : ; : : ; -J

<:;) ms r..=>.~l ~3,~ =

0-;<~-n~r%-'-!-<

cc: Sara Sue FugateWm. David Newman, Jr., Esq.



0 1/ 31 / 2 0 0 5 1 1 : 0 3 A M

I n s t r u m e n t # 2 0 0 5 - 0 24 11 0

Book: 54B3Page:' 497


7TH JUDICIAL CIRCmT, IN AND

FOR VOLUSlA COUNTY,

FLORIDA

CIVIL DIVISIONCASE NO.: 200131518 crcr 31

BANK ONE, NATIONAL ASSOCIATION,AS TRUSTEE, .

Plaintiff,

vs.

ROBERT E.WARD; JERILYNN WARD

AlKJA JERll..,YN L. WARD; SARA SUE

FUGATE; JOHN DOE AND JANE DOE

AS UNKNOWN TENANT(S) IN

POSSESSION OF THE·S t JBJECTPROPERTY,

FILEDfN OPEN COURT

JAN 31 2 U D 5Defendants.

------~~~~~~.~.~..~..",....,'.". "C~~~;~I : ; ;~t~~~------ FINAL JUDGMENT OF MORTGAGE FORECLOSURE .•

THIS ACTION was heard before the Court on Plaintiff's Motion for Summary Final

Judgment of Foreclosure ON January 31,2005. It appearing that all defendants have been duly

served with process and that clerk's defaults have been entered against Defendants, Robert E.

Ward, Jerilynn Ward aIkIa Jerilyn L.Ward and Sara Sue Fugate and, that there are no genuine

issues of material fact preventing entry of summary final judgment in favor of Plaintiff, it is


1. There is due and owing to Plaintiff:

A. As unpaid principal of the indebtedness

Agreed to be paid in the mortgage herein

Foreclosed and the note secured thereby $60,641.54



Book: 5483Page: 498

B. Interest through January 31,2005

(per diem: $18.51)$25,574.19

C. Late Charges (pre-acceleration only)

D. Advances by Plaintiff

(Taxes: $6,220.68)

(Insurance: $3,079.45)

(Inspections: $85.25)

(price Opinion: $230.00)

(property preservation: $268.30)

$ 202.58

$ 9,883.68

E. Title Search and Review

F. Clerk's filing fee

G. Service of process (including costsof search and inquiry to locate Defendants)

$ 300.00

$ 165.00

$ 272.50

Subtotal $97,039.49

Plaintiff

Attorney's fees: $ 1,200.00

Total $98,239.49

that shall bear interest at the legal rate as prescribed by law. Plaintiff shall also recover such

further costs as may be inclUTedby the Plaintiff in this action, including, but not limited to, the

sale fee and publication of the Notice of Sale, and any advances made by the Plaintiff subsequent

to the date of the Affidavit of Indebtedness which cost or advances are proper under the terms of

the note and mortgage foreclosed herein.

2. Plaintiff holds a lien for the total sum superior to any claim or estate of all the

Defendants herein on the following property in Volusia County, Florida:

LOT 40, AND THE NORTHERLY 2.0 FEET OF LOT 39, TUSCAWILLA

HIGHLANDS, ACCORDING TO THE PLAT THEREOF RECORDED IN MAPBOOK 11, PAGE 234, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA.

a/kJa: 500 SOUTH SENECA BLVD., DAYTONA BEACH, FL 32114

2



Book: 5483Page: 499

3. If the total sum set forth in paragraph 1with interest at the interest rate prescribed by law

and all costs of this action and proper advances pursuant to paragraph 1 accruing subsequent to

this judgment are not paid, the Clerk of this Court shall sell the property at public sale on the "'2--. -- -- _-

day of /?1~ _ 2.Q.Q~,a,t1 . 1 : 0 0 a.U1., to the highest bidder for cash, except as set

forth hereinafter, at the VOLUSIA COUNTY COURTHOUSE, 101 N. ALABAMA AVENUE,

ROOM D-251, SECOND FLOOR, CLERKS CONFERENCE ROOM, DELAND, FL 32720, in

accordance with Section 45.031, Florida Statutes.

4. Plaintiff shall advance all subsequent costs of this action and shall be reimbursed for

them by the Clerk ifPlaintiff is not the purchaser of the property at the sale. IfPlaintiff is the

purchaser, the Clerk shall credit Plaintiffs bid with the total sum plus interest and costs accruing

subsequent to this judgment or such part of it as is necessary to pay the bid in full. Ifprior to the

sale, Plaintiff shall be required to advance any monies pursuant to the provisions hereof, then

Plaintiff or its attorneys shall so certify to the Clerk of this Court, and the amount due to Plaintiff

as set forth in paragraph 1hereof shall be increased by the amount of such advances without

further order of the Court. If Plaintiff is successful bidder at the sale, Plaintiffs rights as such

may be assigned to a third party and, in that event, the Clerk of this Court is hereby ordered and

directed to issue the Certificate of Title to Plaintiffs assignee upon application of Plaintiff and

without further Order of this Court.

5. 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 Plaintiffs costs; second, documentary stamps affixed

to the certificate unless Plaintiff is not successful bidder in which event the successful bidder

shall pay the cost of said documentary stamps in addition to the amount bid; third, Plaintiffs

attorneys' fees; fourth, the total sum due to Plaintiff less the items paid plus interest at the rate set

3



· . Book: 5483Page: 500

forth from this date to the date of the sale, said sum to be paid to the attorney of record for the

Plaintiff; and by retaining any amount remaining pending the further order of this Court.

6. On the filing of the Certificate of Sale by the Clerk of the Court, the Defendants and all

persons claiming under or against them since the filing of the Notice of Lis Pendens are

foreclosed of all estate or claim in the property and the purchaser at the sale shall be let into

possession of the property.

7. If the Plaintiff is the purchaser at the sale, then, upon confirmation of the sale, whether by

the Clerk filing the Certificate of Title herein or by order of the Court ruling upon objections to

the sale, the said Plaintiff may permanently withdraw from the court file the original mortgage,

the original promissory note and the original assignments of mortgage, and the photocopies of

same attached to the complaint shall hereafter be and stand in lieu thereof.

8. If Plaintiff is the purchaser at the sale, Plaintiff, their heirs, representatives, successors or

assigns, shall be placed in immediate possession of the afore described premises. In the event

the Defendants fail to vacate said premises within 10 days of the date of the foreclosure sale as

provided above, a Writ of Possession for subject premises shall issue upon further order of the

Court.

9. The Court finds, based upon the affidavits presented and upon inquiry of counsel for the

Plaintiff, that Plaintiff's counsel reasonably expended 8 hours in the prosecution of this action

and that an hourly rate of $150.00 is appropriate. The Court finds that there are no reasons for

either reduction or enhancement pursuant to Florida Patients' Compensation Funds v. Rowe. 47~.

So.2d 1145 (Fla. 1985), and the Court therefore has awarded reasonable attorney's fees of

$1,200.00.

4



· . Book: 5483Page: 501

10. Jurisdiction of this action is retained to enter further orders as are proper including,

without limitation, deficiency judgments.

DONE AND ORDERED in Chambers at Daytona Beach, Volusia County, Florida, this

,200_5.

Hono~aple John W. Watson, III

Circm{/.rudge

Copies by mail to the parties on attached Service List

5



.. . . Book: 5483Page: 502

D i a n e H . M a t o u s e k

Volusla County, Clerk of C

Case No. 2001 31518 crcr 31Final Judgment

SERVICE LIST

Wm. David Newman, Jr., Esq.

Attorney for Plaintiff

Law Offices of Marshall C. Watson, P.A.

1800 NW 49th Street, Suite 120

Fort Lauderdale, Florida 33309

Robert E. Ward

500 South Seneca Blvd.

Daytona Beach, FL 32114

Jerilynn Ward500 South Seneca Blvd.

Daytona Beach, FL 32114

Sara Sue Fugate

15363 S.B. l05th Terrace Road

Summerfield, FL 34491

Sara Sue Fugate

P.O. Box 1234

Weirsdale, FL 32195

6



0 3/ 1 6 / 2 0 O S 0 1: 5 3 P H

D o c s t a m p s 5 8 1 . 7 0

( T r a n s f e r Ali $ 83100 )

I n s t r u m e n t ' 2 0 0 5 - 0 6 7 3 9 7 # 1




FOR VOLUSIA COUNTY,

FLORIDA

CNIL DNISION

CASE NO.: 2001 31518 CICI31


AS TRUSTEE,

Plaintiff,

vs.

ROBERT E. WARD; JERILYNN WARD

A!KI A JERILYN L. WARD; SARA SUE

FUGATE; JOHN DOE AND JANE DOEAS UNKNOWN TENANT(S) IN

POSSESSION OF THE SUBJECT

PROPERTY,

Defendants.

CERTIFICATE OF TITLE

The undersigned, Diane M. Matousek, Clerk of the Court, hereby certifies that a

certificate of sale has been executed and filed in this action on _ _ . : M : . : : a = - : r : . . . : : c ~ h _ 2 = - , ~ 2 ~ O . . : : : . ; 0 5 : : : _ _ __ ,

for the property described herein and that no objections to the sale have been filed within the

time allowed for filing objections.

The following property in Volusia County, Florida:

LOT 40, AND THE NORTHERLY 2.0 FEET OF LOT 39, TUSCA'VILLA

HIGHLANDS, ACCORDING TO THE PLAT THEREOF RECORDED IN MAP

BOOK 11, PAGE 234, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA.

AIKI A: 500 SOUTH SENECA BLVD., DAYTONA BEACH, FL 32114

$581.70 dis VOL trm P a r c e l I D # 5 2 3 9 - f 6 - 0 0 - 0 4 0 0



. .

was sold to:

I n s t r u m e n t ' 2 0 0 5 - 0 6 7 3 9 7 # 2


0; ane H . Matousek

Y o l u s l a C o u n t Y . C l e r k o f C o u r t

S OU TH F LO RI DA C ON SU LT IN G & INV ES TM EN TS a nd DEB RA E LE NS ON

whose address is PO Box 50562 Lighthouse Point, FL 33174

WITNESS my hand and the seal of the Court this 15th day of March ,2005.

Diane M. Matousek



03/29/2005

IN TH B CLRCtJIT COUR.T OF THE rmllJDICW. CIRCUl't, IN AND FOR VOUJSTACOUNlY.,toRJlJA _-crvn, DIVlSlONC A SE N O .: 2 00 1 3 15 1 8C IC I 3l

,

BANK ONE, *ATIONAL· ASSOCIATION, A sTRUSTEE I

,Plaintiff,

VI:. C ER TIF IC AT E O F D IS BU RSE ME NT S!I

R O a n r e. W A ! . lD : JBRlJ4YNN J. W A R D AlK!A1EltlLYN L WAjIU); SARA SUB FUGATE ; JOANDO E A N D Ji'NE DO E A S t1 'N KN O WNTJ!NANT (5) IN I pOS SES SION OF nm SUBlBCT

PR.OPIR.TY ,; -?efaKfams.I

,

Thr . ~rsfped . DIane M . Matousek, CIck o fth t C ou rt, h er eby o e m s . that th G proGeCda I ' C I l I d v e d f t ' o m

th e sa l. o f th e ~ h ave been diabur_ ISprovided In tile final judgment te lb . persona Ind in the 8mol ll lt s a s

folloWl: S B 3 , I O O J D O

To PI~ .Rank ODe,Natbaal4UociatiOD,

r C/o Ma", ... n c. \VRtIQa

1800 NW '" Street , f hl it a 1 2 1 )

Fort Lauderdale. FL 33309

f

WlTNES~myband andthe ... . oith. Court tIlis29 day of March ~on~.

01-02981

Sucessful Mortgage Discharge

Documents

Transcript of Sucessful Mortgage Discharge