PNC Bank, National Association v. Andrews et al

Filing 25

ORDER on Joint Stipulation 23 . (See Order for details.) Signed by Judge James S. Moody, Jr on 4/21/2015. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION

PNC BANK, NATIONAL
ASSOCIATION, successor to RBC
BANK (USA), which was the
successor to FLORIDA CHOICE
BANK,
Plaintiff,
v.

Case No: 5:15-cv-41-Oc-30PRL

RICHARD L. ANDREWS, SANDRA
L. ANDREWS, and DAMAR
MANUFACTURING, INC., a Florida
corporation,
Defendants.
________________________________/

ORDER ON JOINT STIPULATION
THIS CAUSE comes before the Court upon Plaintiff PNC Bank, National
Association, and Defendants Richard L. Andrews and Sandra L. Andrews’s (collectively
“the Andrews”) Joint Stipulation for Entry of Agreed Payment Order in Lieu of Hearing
Scheduled for April 23, 2015 (Doc. 23).
Plaintiff, as owner and holder of the promissory note (the “Note”) described in the
Verified Complaint (Doc. 1), is entitled to enforce the Mortgage and Security Agreement
dated September 1, 2006, and recorded in the Official Records of Marion County, Florida,
at Book 4555, Page 33 (the “Mortgage”) on commercial real estate located in Marion

County, Florida (the “Property”). (Doc. 1). Plaintiff alleges that the Andrews, who are the
borrowers of the loan at issue, defaulted on the Note. (Doc. 1).
Plaintiff previously filed a motion asking this Court to enter an order to show cause
as to why Defendants should not be forced to either make mortgage payments or vacate
the subject premises pursuant to Florida Statutes § 702.10(2). (Doc. 9). The Court entered
an order setting the matter for hearing on April 23, 2015. (Doc. 13). Prior to the hearing,
Plaintiff and the Andrews filed a joint stipulation informing the Court that they reached an
agreement regarding payments. (Doc. 23).
Pursuant to Florida Statutes § 702.10(2), Plaintiff and the Andrews jointly stipulated
to an order requiring the Andrews to make mortgage payments to Plaintiff during the
pendency of the foreclosure action. (Doc. 23).
Having reviewed the stipulation, it is therefore ORDERED AND ADJUDGED
that:
1. Pursuant to Florida Statutes § 702.10(2), the Andrews are ORDERED to make
mortgage payments to Plaintiff during the pendency of this foreclosure action in such
amounts and at such intervals as are provided for in the loan documents described in
Plaintiff’s Verified Complaint (Doc. 1), specifically pursuant to the promissory note dated
September 5, 2007 (Doc. 1, Ex. 10).
2. The obligation to make mortgage payments pursuant to this Order, as agreed to
by the Parties, shall commence on July 1, 2015.
3. On or before July 5, 2015, and on or before the fifth (5th) day of each month
thereafter, the Andrews are DIRECTED to pay the sum of $7,265.38 to Plaintiff. The
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Andrews shall continue making the monthly payments during the pendency of this
foreclosure action or until otherwise directed by the Court.
(a) Plaintiff and the Andrews stipulate that the amount of $7,265.38 was the regular
monthly payment due under the loan documents prior to default.
(b) Mortgage payments shall be made payable to Plaintiff and sent to:
PNC Bank, National Association
Attn: Karen Hirstius
601 Atlantic Avenue
Fort Pierce, FL 34950
4. All amounts paid to Plaintiff pursuant to this Order shall be credited against the
mortgage obligations in accordance with the terms of the loan documents, but shall not
constitute a cure of any default or a waiver or any other defense to the mortgage foreclosure
action.
5. If the Andrews fail to remit payments in compliance with this Order, Plaintiff
may file an affidavit informing the Court. Upon request by Plaintiff in such event, Plaintiff
shall be entitled, without further hearing and at is sole discretion, to either possession of
the Property or the immediate entry of a final judgment of foreclosure if such a final
judgment has not been entered.
6. During the pendency of this foreclosure action, the Court retains jurisdiction to
enforce the terms of this Order, including, but not limited to, entering a final judgment of
foreclosure should the Andrews not comply with the obligations of this Order, to modify
this Order, and to order other methods of enforcement in the event of default.

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7. The hearing scheduled for April 23, 2015, at 1:45 p.m. is cancelled.
DONE and ORDERED in Tampa, Florida, this 21st day of April, 2015.

Copies furnished to:
Counsel/Parties of Record

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