EFTA00602773.pdf

Filing # 38680745 E-Filed 03/07/2016 01:10:39 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No.: 2010CA019300 Division: AN Stephen A. Alexander, Plaintiff, vs. Michael T. Hardman, Defendant CFN 20160083888 OR BK 28155 PG 1710 RECORDED 03/10/2016 15:39:22 Palm Beach County. Florida AMT Sharon R. Bock CLERK & COMPTROLLER Pgs 1710-1711; (2Pgs) AGREED ORDER ON PLAINTIFF'S MOTION FOR FINAL SUMMARY JUDGMENT Plaintiffs Motion for Final Summary Judgment is scheduled for hearing on March 9, 2016. Based upon the pleadings, records, documents filed by counsel, and the agreement of the panics, the Court finds that Plaintiffs unopposed Motion for Final Summary Judgment should be GRANTED. The, C:ntr.: fin1/41.; tt at titer; g iss,lz of ir.ater;a1 with ti:ect to the following facts: 1. Plaintiff was the originating lender and has held the note attached as Exhibit "A" to the Motion for Summary Judgment since June 5, 2009; 2. The note was payable upon the sale, transfer, or assignment, or further encumbrance of any assets in which Michael T. Hardman, solely or as a tenant by the entirety has an interest. 3. The official records of Palm Beach County, Florida show that defendant transferred by special warranty deed certain real property to SGRK Properties, Inc. (a copy of such deed is attached as Exhibit "B" to the Motion for Summary Judgment). 4. Such official records also scow that defendant transferred by special warranty deed certain real property to Virginia Dicin (a copy of such deed is attached as Exhibit "C" to the Motion for Summary Judgment). Page ft 012 FILED: PALM BEACH COUNTY, FL. SHARON R. BOCK, CLERK, 03/07/2016 01:10:39 PM EFTA00602773 Case No. 50-2010-CA-019300-XXJCX-MB CFN 20180083888 BOOK 28155 PAGE 1711 2 OF 2 5. Defendant defaulted on the note by failing to satisfy the subject note upon the transfer of the Palm Beach County real property refetred to above. 6. There is no genuine issue of material fact as to plaintiff's right to enforce the subject note. 7. On or about July 5, 2010, demand for payment of the balance of the nate was made upon defendant by correspondence to his attorney. IT IS THEREFORE ORDERED thei the Plaintiff's Motion for Final Summary Judgment is hereby GRANTED. IT IS FURTHER ORDERED: a.That Plaintiff recover inelgrorst against Defendant for $550,000.00 plus interest from June 5, 2009 at six percent (6%). b.That DeteLar, LectiL3i iz th s ection. c.The Court retains jurisdiction of this action to enter further orders, including but not limited to odors pertaining a •ixititkrtir,nt and amount of attorneys' fees and costs. case is on the tried c.ilenda: for April 4, 2016 and by tnis Order, the parties have come to an agreement regarding the resolution of this matter. DONE and ORDERED in chambers, in West Palm Beach, Paim Beach County, Florida, this 7th day of March,. 2016. r I / 150;201AAT ,_;X:CCCillnr_ W201.81.4 iliattaiiiietlf iottlite :0.2010-CA-019300-XXXX.MB 03107iSid Cheryl A. Cara:uzza Chug Judge Copies to: Mark A. Cullen, Attorney for Defendant, The Cullen Law Wm, P.A., 500 5 Australian Ave 5-543, Pint i ni •t 2 2.7 • ry Email: Page 2 of 2 EFTA00602774