Filing # 199265474 E-Filed 05/28/2024 12:19:02 PM
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`IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
`IN AND FOR MIAMI-DADE COUNTY, FLORIDA
`Case No.: 2022-024180-CA-01
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`Div: CA30
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`Plaintiff,
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`US BANK NA,
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`
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`v.
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`LISA ANN MARMOLEJOS, ET AL.;
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`
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`Defendants.
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`MOTION TO INTERVENE AND DISBURSE SURPLUS FUNDS
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`The Recovery Agents, LLC (“TRA”), as exclusive assignee of Defendant, Lisa Ann
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`Marmolejos, by and through the undersigned counsel, and pursuant to Rule 1.230 of the Florida
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`Rules of Civil Procedure and section 45.032, Florida Statute, hereby files this Motion to Intervene
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`and Disburse Surplus Funds and, in support thereof, states:
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`1.
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`In this foreclosure action, pursuant to final judgment entered on or about October
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`3, 2023, the subject property located at 2209 SE 27TH DR UNIT 105-A, HOMESTEAD, FL,
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`33035 was sold at auction to the highest bidder on or about February 12, 2024.
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`2.
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`3.
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`4.
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`The winning bid exceeded the amount of the Final Judgment, resulting in a surplus.
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`Lisa Ann Marmolejos was the Owner of Record as defined under section 45.032(1).
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`In accordance with Section 45.033(3), Lisa Ann Marmolejos voluntarily and
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`exclusively assigned their right to claim the foreclosure surplus proceeds to TRA (Exhibit A).
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`5.
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`6.
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`Pursuant to the assignment, TRA is entitled to claim the surplus proceeds.
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`Rule 1.230 of the Florida Rules of Civil Procedure provides that “[a]nyone claiming
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`an interest in pending litigation may at any time be permitted to assert a right by intervention…”
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`7.
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`TRA has an interest in this action and should be permitted to intervene to claim the
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`assigned surplus funds.
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`8.
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`No party will be prejudiced by the granting of TRA’s motion to intervene.
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`WHEREFORE, The Recovery Agents, LLC, as exclusive assignee of Defendant, Lisa
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`
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`Ann Marmolejos, respectfully requests this Honorable Court grant this Motion to Intervene and
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`Disburse Surplus Funds in accordance with the assignment and order any further relief this Court
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`deems just and proper.
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`CERTIFICATION OF SERVICE
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`I HEREBY CERTIFY that on the date set forth below, I electronically filed the foregoing
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`with using the Florida Courts e-filing Portal (the “Portal”). I also certify, I caused a copy of the
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`foregoing to be served via the Portal by eMail to all counsel of record and pro se parties registered
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`for service with the Portal and by regular mail to all other parties identified on the attached Service
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`List.
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`ASHTON ROOKS, IN-HOUSE COUNSEL
`Attorney for The Recovery Agents, LLC
`Mailing Address:
`2401 E Atlantic Blvd. Ste. 400
`Pompano Beach, FL 33062
`Tel: 954-406-0297
`Designated Service eMails:
`Primary: ashton@therecoveryagents.com
`Secondary: paralegal@therecoveryagents.com
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`
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` By: /s Ashton Rooks
`Ashton Rooks, Esq. (FBN: 1026154)
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`
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`Dated: May 28, 2024
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`-2-
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`SERVICE LIST
`CASE NO.: 2022-024180-CA-01
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`
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`Lisa Ann Marmolejos 2209 SE 27th Drive Unit: 105-A Homestead, FL 33035
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`Ramon Palacio, Esq P.O. Box 311059 Miami, FL 33231
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`Maryvel De Castro Valdes, Esq 201 Alhambra Circle, Eleventh Floor Coral Gables, FL 33134
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`Unknown Spouse of James E. Murray 2209 SE 27th Drive Unit 105-A Homestead, FL 33035
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`John D. Murray 3534 7th Court Homestead, FL 33035
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`De Cubas & Lewis, P.A. PO Box 5026 Fort Lauderdale, FL 33310
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`Siegfried Rivera, Attorneys for Defendant, Keys Gate Condo No. Seven Association
`201 Alhambra Circle, 11th Floor Coral Gables, FL 33134
`Email: mvaldes@siegfriedrivera.com
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`Association Law Group, P.L., Attorneys for Defendant, Keys Gate Community Association
`Po Box 311059, Miami, FL 33231
`Email: jjames@algpl.com; filings@algpl.com
`33134
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`-3-
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`Exhibit A
`Exhibit A
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`
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`AGREEMENTANDASSIGNMENTOFSURPLUSRIGHTS
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`RECITALS:
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`The Recovery Agents, LLC
`2401 E. Atlantic Blvd Ste. 400
`Pompano Beach, FL 33062
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`www.therecoveryagents.com
`THISAGREEMENT(“Agreement”) is entered into by and between
`(“Assignor”) and The Recovery Agents, LLC, a Florida limited liability company (“Assignee”) with
`a principal place of business at 2401 E Atlantic Blvd Ste. 400, Pompano Beach, FL 33062.
`WHEREAS, Assignor is a legal titleholder of record of such real property or a beneficiary or
`heir at law of such a titleholder of that certain real property located at:
`____________ , situate in
` County,
`Florida and bearing parcel identification number
`__________________ (the “Property”); and
`WHEREAS, the Property is the subject of a foreclosure action in
`County,
`Florida, bearing Case No.
`(the “Foreclosure Action”); and
`WHEREAS, Assignor wants to hire Assignee to identify and recover any and all surplus funds
`and other monies due to which Assignor may be entitled as a result of the forced sale of the Property
`in the Foreclosure Action (“Surplus”); and
`WHEREAS, the Property was sold at foreclosure auction on
`.
`NOW, THEREFOREin consideration of the foregoing and the mutual covenants herein
`contained, and for other good and valuable consideration, the receipt and sufficiency of which are
`hereby acknowledged, the parties hereby agree as follows:
`1. The parties represent and warrant that the Recitals set forth above are true and correct in all
`material respects. The defined terms in the Recitals set forth above are hereby incorporated into
`this Agreement by reference.
`2. Assignor hereby fully assigns, sells, transfers, and conveys to Assignee the exclusive right to
`obtain, claim, and recover any and all Surplus, subject to the provisions herein. Assignor
`acknowledges that this assignment is a permanent, exclusive and irrevocable transfer of all of
`Assignor’s interest in the Surplus to Assignee. This assignment cannot be cancelled or otherwise
`rescinded without the express written approval of Assignee, if Assignee in its sole discretion so
`elects.
`3. Assignor acknowledges that Assignee and its agents are not attorneys and cannot, have not, and
`are not expected to provide Assignor with legal advice. Assignor fully grants and assigns to
`Assignee full authority and sole discretion to decide whether an attorney is needed to assist it in
`obtaining a successful outcome in the surplus claims process, and, if so, which attorney to select.
`Assignor further authorizes any such attorney selected by Assignee to file in Assignor’s name
`with the Court, the Clerk of Court and any other relevant entity any and all necessary documents
`in furtherance of Assignee’s efforts to claim and collect the Surplus pursuant to this Agreement.
`Assignor further expressly approves Assignee’s advancement of any and all attorneys’ fees and
`costs that Assignee, in its sole discretion, deems necessary in its efforts to successfully claim the
`Surplus.
`4. The parties agree that Assignee is entitled to deduct __________ percent (____%) from the
`Surplus recovered. The percentage earned by Assignee is in consideration of services to
`Assignor which includes, but is not limited to, locating, notifying, and processing paperwork in
`support of the surplus claim. Assignor agrees the percentage retained by Assignee is fair and
`reasonable.
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`2209 SE 27TH DR UNIT 105-A, HOMESTEAD, FL, 33035
`2022-024180-CA-01
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`10-7921-009-0050
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`Lisa Ann Marmolejos
`
`Miami Dade
`Miami Dade
`
`2/12/2024
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`Twelve
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`12
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`Doc ID: 15a115d571c5fd204f1d3d352936292ca4acecac
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`CLIENT WILL RECEIVE ____% OF THE SURPLUS AMOUNT FROM THE COURT. THERE
`WILLBENOFEESORCOSTSASSOCIATEDWITHTHEIRSURPLUSRECOVERYOTHER THAN
`THE____%ASENTITLEDABOVE.
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`5. Assignor agrees that any and all attorneys’ fees and costs advanced by The Recovery Agents, in
`the recovery of Surplus shall be paid by The Recovery Agents. Assignee shall provide
`Assignor a timely accounting of all funds disbursed by the court, retained by Assignee and
`distributed to Assignor.
`6. This Agreement begins on the date Assignor executes this Agreement and will continue until such
`time as Assignee has successfully collected all of the Surplus or Assignee otherwise completed its
`performance under this Agreement (as determined solely by Assignee), at which time the term
`of this Agreement shall conclude. The parties expressly acknowledge that this Agreement
`survives any and all orders vacating or voiding existing sales and resetting sale dates.
`7. Assignor acknowledges and agrees that Assignee made the following disclosures to Assignor:
`a) The assessed value of the property is
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`b) The assessed value may be lower than the actual value of the property.
`c) The amount of any debt encumbering the property is approximately
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`d) The amount of any equity in the property is approximately
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`e) The foreclosure sale price is
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`f) The amount of the surplus is
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`8. Assignor acknowledges and understands that:
`a) Assignor does not need an attorney or other representative to recover the Surplus.
`b) Assignor has the right to consult with an independent attorney of Assignor’s choice before
`executing this Agreement.
`9. Assignor understands that Assignee cannot guarantee that it will obtain the Surplus, as other
`parties may have a superior claim to the Surplus. In the event, Assignee is unable to obtain the
`Surplus, Assignor will pay nothing to Assignee.
`10.Assignor represents and warrants that Assignor has not assigned the right to obtain the Surplus
`to any other party. Assignor agrees not to enter into any other agreements or to assign the
`Surplus to any other party. Assignor acknowledges and agrees that a breach of this provision
`would be a material breach of this Agreement.
`11.Assignor acknowledges and agrees that Assignor must cooperate with Assignor’s recovery
`efforts. Assignor understands that obtaining the Surplus is a time sensitive matter, as the
`Assignment must be filed with the court on or before 60 days after the filing of the certificate of
`disbursem*nts. Assignor agrees to provide Assignee with all relevant information required to
`timely file the Assignment with the court.
`12.It is expressly agreed that liquidated damages payable under this Agreement do not constitute a
`penalty and that the parties, having negotiated in good faith for such specific Liquidated Damages
`and having agreed that the amount of such liquidated damages is reasonable in light of the
`anticipated harm caused by the breach related thereto and the difficulties of proof of loss and
`inconvenience or nonfeasibility of obtaining any adequate remedy, are estopped from contesting
`the validity or enforceability of such liquidated damages.
`13.The parties agree this Agreement shall be governed by and construed in accordance with the laws
`of the State of Florida. The parties agree that the exclusive jurisdiction for any lawsuit related to
`or arising under this Agreement shall be in the state court sitting in Broward County, Florida. The
`parties waive any objection to jurisdiction and venue either party may otherwise have for any
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`88
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`12
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`233,797.00
`207,100.00
`45,032.47
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`162,067.53
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`45,032.47
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`Doc ID: 15a115d571c5fd204f1d3d352936292ca4acecac
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`
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`such lawsuit. The parties hereby waive the right to a jury trial concerning any disputes that may
`arise concerning this Agreement.
`14.If either party brings an action to enforce their rights under this contract, the prevailing party
`shall recover its expenses (including reasonable attorneys' fees) incurred in said action, including
`any appeals. This provision survives the termination of this Agreement.
`15.In the event that there is a dispute regarding this Agreement between Assignee and Assignor or
`between Assignee and another party to whom Assignor may have assigned Surplus, Assignor
`agrees that 100% of the Surplus at issue shall be held in escrow by the Court Registry or
`Assignee’s attorney, as appropriate under the circ*mstances until such time as said dispute is
`resolved, including separate enforcement actions and appeals.
`16.Assignor hereby acknowledges and agrees that Assignor may sign this Agreement electronically
`for convenience or efficiency, and therefore agrees that Assignor’s signature in DocuSign,
`HelloSign or other electronic digital form carries the same legal weight and effect of Assignor’s
`physical signature and Assignor waives the right to challenge same.
`17.This Agreement may be executed in counterparts, each of which shall be deemed an original, but
`all of which together shall constitute one and the same instrument.
`18.This Agreement constitutes the entire agreement between the parties with respect to the subject
`matter hereof and supersedes all other prior agreements and understandings, both written and
`oral, between the parties with respect to the subject matter hereof.
`IN WITNESS WHEREOF, the parties hereto execute this Agreement.
`ASSIGNEE:
`ASSIGNOR:
`THERECOVERYAGENTS,LLC
`By:Name:Jacob Babins
`Name:
`Title:President
`Date:
`Date:
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`READ,UNDERSTOOD,ACKNOWLEDGEDandAGREED:
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`Lisa Ann Marmolej
`05 / 20 / 2024
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`05 / 20 / 2024
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`Doc ID: 15a115d571c5fd204f1d3d352936292ca4acecac
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`
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`Surplus Contract - Sign to start the process to get your...
`content
`15a115d571c5fd204f1d3d352936292ca4acecac
`MM / DD / YYYY
`Signed
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`This document was requested from therecoveryagents.lightning.force.com
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`05 / 20 / 2024
`19:13:18 UTC
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`Sent for signature to Lisa Ann Marmolejos
`(lmarmolejos767@gmail.com) from jon@therecoveryagents.com
`IP: 170.55.116.202
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`05 / 20 / 2024
`19:13:44 UTC
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`Viewed by Lisa Ann Marmolejos (lmarmolejos767@gmail.com)
`IP: 68.94.181.133
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`05 / 20 / 2024
`19:14:18 UTC
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`Signed by Lisa Ann Marmolejos (lmarmolejos767@gmail.com)
`IP: 68.94.181.133
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`05 / 20 / 2024
`19:14:18 UTC
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`The document has been completed.
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