Disbursementmotion Healy
Content
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO: 2008-18072-CA-01 Honorable Valerie Manno Schurr Circuit Court Judge BLUE CONDO ASSN INC a Florida not-for-profit corporation, Plaintiff, VS. LOZANO, MILTON DE LA ROSA, IVAN Defendants.
MOTION TO DISPERSE SURPLUS FUNDS HELD IN THE COURT REGISTRY 1. Robert Scott Healy was the successful bidder of the following described real property in Miami-Dade County, Florida that was sold at auction on January 22, 2010. Parcel # 01-3219-047-1090
BLUE CONDO UNIT 1005 UNDIV, A CONDOMINIUM AS RECORDED ON OCTOBER 20, 2005 IN OFFICIAL RECORDS BOOK 23898, PAGES 1716-1889 OF THE PUBLIC RECORDS OF MISMI-DADE COUNTY, FLORIDA. Property address: 601 NE 36th Street, Miami, FL 33137
2. Robert Scott Healy does not owe any money on any mortgage on the property that was foreclosed on and sold at auction. 3. Robert Scott Healy does not owe any money that is the subject of an unpaid judgment, condominium lien, or Cooperative Lien.
4. Robert Scott Healy is not currently in bankruptcy. 5. As the successful bidder on parcel #01-3219-047-1090, case #2008-18072-CA-01, Robert Scott Healy is formally requesting a refund for the surplus amount remaining on said property. 6. The described property was sold at the judicial foreclosure sale on January 22, 2010 pursuant to an order of this court. 7. On January 22, 2010, Mr. Healy was the successful bidder at the foreclosure sale and deposited $35,000.00 in the Miami-Dade County of Clerk of Courts register. 8. On February 11,th 2010, the clerk of Circuit Court issued a certificate of title in the above-styled cause of action to Robert Scott Healy. 9. The Final Judgment describes the manner in which the clerk of the Court is to distribute the proceeds of the foreclosure sale to pay plaintiff’s cost, state documentary stamp tax, registry fees and attorney’s fees, and the total sum due plaintiff with interest. $13,208.49 was owed to the Plaintiff. 10. On or about February 18, 2010 in accordance with the Final Judgment and the order to disperse funds, the Clerk issues checks to the Plaintiff and the Clerk. 11. After the issuance of the checks described in paragraph no. 10 above, approximately $21791.51 remains on deposit in the courts registry. 12. Mr. Healy placed his bid in the final amount of $35,000 under the supposition that the property being purchased was free and clear of any liens, except for that belonging to Plaintiff. It was after the bid was placed and Mr. Healy issued the Certificate of Title that Mr. healy learned that the property purchased would be taken subject to a mortgage held by the Bank of New York Mellon.
13. Mr. Healy place his bid on the property through the Clerk’s auction website: R4C Miami Dade county, http:www.miamidade.realforeclose.com. Neither the Clerk nor the web pages required to be viewed prior to bidding disclosed to Mr. Healy that the property he was bidding on would be sold subject to a mortgage. Had Mr. Healy been informed of the existence f the mortgage he would not have bid on the property. In other words, Mr. Healy suppoed that his bid of $35,000 was for the purchase of a property free and clear of liens. 14. The economic effect of this sale is potentially devastating to Mr. Healy, as it is virtually impossible for him to obtain much of a financial return from his purchase. Mr. Healy mow find himself unable to sell the property or put it into productive use, as it is highly unlikely that anyone will want to buy, rent or invest in a property subject to a mortgage which is in the process of foreclosing his interest at any time (see Lis Pendens with The Bank of New York.) When the Bank’s mortgage does foreclose, Mr. Healy’s entire interest in the property will be wiped out. 15. Clearly, under the scenario described above, the Clerk’s failure to place safeguards explaining the hierarchy of liens, and offering information about how to research liens which would persist after the sale has led not only to devastating consequences for Mr. Healy, but for dozens if not hundreds of bidders in MiamiDade County. 16. A judicial sale is a contract with the court, made as a part of a remedial process. Appeal of Cummings, 23 Pa. 509 (Pa. 1854). Consequently, cause exists for the loss due to this disastrous sale to be mitigated based on the unilateral mistake. In Florida, a finding of a unilateral mistake in a contract may be grounds for appropriate equitable relief. See, Maryland Cas. Co. V. Krasnek, 174 So. 2d 541 (Fla. 1965) WHEREFORE, Mr. Healy requests this honorable court enter an order directing the Clerk of the Court of Miami-Dade county to disperse the funds held in the registry of
the court and issue a check made payable to Robert Scott Healy, 5561 Lake Shore Village Circle, Lake Worth, FL 33463. I UNDERSTAND THAT I AM NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER REPRESENTATION AND I DO NOT HAVE TO ASSIGN MY RIGHTS TO ANYONE ELSE IN ORDER TO CLAIM ANY MONEY TO WHICH I MAY BE ENTITLED. I UNDERSTAND THAT THIS STATEMENTS IS GIVEN UNDER OATH, AND IF ANY STATEMENTS ARE UNTRUE THAT I MAY BE PROSECUTED CRIMINALLY FOR PERJURY. ___________________________________
Robert Scott Healy 5561 Lake Shore Village Circle Lake Worth, FL 33463 (561) 649-0774
CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this _____th day of March, 2010, a copy of the instant Motion was sent via United States Regular Mail to: Johnathan Mofsky, Esq., 201 Alhambra Circle, # 1102, Coral Gables, FL 33134; Luis R. Lasa III, Esq, Association Law Group, P.L., Post Office Box 415848 Miami Beach , FL 33141; Blue Condominium Association, Inc. 5077 Northwest 7th St. Miami, FL 33126-3469 ; Lozano, Milton, and De La Rosa, Ivan, 555 NE 15th St., 21G Miami FL 33132 Sworn to (or affirmed) and subscribed before me this _______ day of March, 2010 by Robert Scott Healy. ____________________________________
Signature of Notary Public
Print, Type or Stamp Commissioned Name of Notary Public
Personally Known __________ OR Produced Identification__________ Typed of Identification Produced ____________________________
MOTION TO DISPERSE SURPLUS FUNDS HELD IN THE COURT REGISTRY 1. Robert Scott Healy was the successful bidder of the following described real property in Miami-Dade County, Florida that was sold at auction on January 22, 2010. Parcel # 01-3219-047-1090
BLUE CONDO UNIT 1005 UNDIV, A CONDOMINIUM AS RECORDED ON OCTOBER 20, 2005 IN OFFICIAL RECORDS BOOK 23898, PAGES 1716-1889 OF THE PUBLIC RECORDS OF MISMI-DADE COUNTY, FLORIDA. Property address: 601 NE 36th Street, Miami, FL 33137
2. Robert Scott Healy does not owe any money on any mortgage on the property that was foreclosed on and sold at auction. 3. Robert Scott Healy does not owe any money that is the subject of an unpaid judgment, condominium lien, or Cooperative Lien.
4. Robert Scott Healy is not currently in bankruptcy. 5. As the successful bidder on parcel #01-3219-047-1090, case #2008-18072-CA-01, Robert Scott Healy is formally requesting a refund for the surplus amount remaining on said property. 6. The described property was sold at the judicial foreclosure sale on January 22, 2010 pursuant to an order of this court. 7. On January 22, 2010, Mr. Healy was the successful bidder at the foreclosure sale and deposited $35,000.00 in the Miami-Dade County of Clerk of Courts register. 8. On February 11,th 2010, the clerk of Circuit Court issued a certificate of title in the above-styled cause of action to Robert Scott Healy. 9. The Final Judgment describes the manner in which the clerk of the Court is to distribute the proceeds of the foreclosure sale to pay plaintiff’s cost, state documentary stamp tax, registry fees and attorney’s fees, and the total sum due plaintiff with interest. $13,208.49 was owed to the Plaintiff. 10. On or about February 18, 2010 in accordance with the Final Judgment and the order to disperse funds, the Clerk issues checks to the Plaintiff and the Clerk. 11. After the issuance of the checks described in paragraph no. 10 above, approximately $21791.51 remains on deposit in the courts registry. 12. Mr. Healy placed his bid in the final amount of $35,000 under the supposition that the property being purchased was free and clear of any liens, except for that belonging to Plaintiff. It was after the bid was placed and Mr. Healy issued the Certificate of Title that Mr. healy learned that the property purchased would be taken subject to a mortgage held by the Bank of New York Mellon.
13. Mr. Healy place his bid on the property through the Clerk’s auction website: R4C Miami Dade county, http:www.miamidade.realforeclose.com. Neither the Clerk nor the web pages required to be viewed prior to bidding disclosed to Mr. Healy that the property he was bidding on would be sold subject to a mortgage. Had Mr. Healy been informed of the existence f the mortgage he would not have bid on the property. In other words, Mr. Healy suppoed that his bid of $35,000 was for the purchase of a property free and clear of liens. 14. The economic effect of this sale is potentially devastating to Mr. Healy, as it is virtually impossible for him to obtain much of a financial return from his purchase. Mr. Healy mow find himself unable to sell the property or put it into productive use, as it is highly unlikely that anyone will want to buy, rent or invest in a property subject to a mortgage which is in the process of foreclosing his interest at any time (see Lis Pendens with The Bank of New York.) When the Bank’s mortgage does foreclose, Mr. Healy’s entire interest in the property will be wiped out. 15. Clearly, under the scenario described above, the Clerk’s failure to place safeguards explaining the hierarchy of liens, and offering information about how to research liens which would persist after the sale has led not only to devastating consequences for Mr. Healy, but for dozens if not hundreds of bidders in MiamiDade County. 16. A judicial sale is a contract with the court, made as a part of a remedial process. Appeal of Cummings, 23 Pa. 509 (Pa. 1854). Consequently, cause exists for the loss due to this disastrous sale to be mitigated based on the unilateral mistake. In Florida, a finding of a unilateral mistake in a contract may be grounds for appropriate equitable relief. See, Maryland Cas. Co. V. Krasnek, 174 So. 2d 541 (Fla. 1965) WHEREFORE, Mr. Healy requests this honorable court enter an order directing the Clerk of the Court of Miami-Dade county to disperse the funds held in the registry of
the court and issue a check made payable to Robert Scott Healy, 5561 Lake Shore Village Circle, Lake Worth, FL 33463. I UNDERSTAND THAT I AM NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER REPRESENTATION AND I DO NOT HAVE TO ASSIGN MY RIGHTS TO ANYONE ELSE IN ORDER TO CLAIM ANY MONEY TO WHICH I MAY BE ENTITLED. I UNDERSTAND THAT THIS STATEMENTS IS GIVEN UNDER OATH, AND IF ANY STATEMENTS ARE UNTRUE THAT I MAY BE PROSECUTED CRIMINALLY FOR PERJURY. ___________________________________
Robert Scott Healy 5561 Lake Shore Village Circle Lake Worth, FL 33463 (561) 649-0774
CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this _____th day of March, 2010, a copy of the instant Motion was sent via United States Regular Mail to: Johnathan Mofsky, Esq., 201 Alhambra Circle, # 1102, Coral Gables, FL 33134; Luis R. Lasa III, Esq, Association Law Group, P.L., Post Office Box 415848 Miami Beach , FL 33141; Blue Condominium Association, Inc. 5077 Northwest 7th St. Miami, FL 33126-3469 ; Lozano, Milton, and De La Rosa, Ivan, 555 NE 15th St., 21G Miami FL 33132 Sworn to (or affirmed) and subscribed before me this _______ day of March, 2010 by Robert Scott Healy. ____________________________________
Signature of Notary Public
Print, Type or Stamp Commissioned Name of Notary Public
Personally Known __________ OR Produced Identification__________ Typed of Identification Produced ____________________________
