CASE FACT SUMMARY
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Court Information
- Court: Circuit Court, Fifteenth Judicial Circuit
- County: Palm Beach County, Florida
- Case Number: 05-2025-CA-005095
- Judgment Date: February 11, 2026
- Judge: Senior Circuit Judge Richard L. Oftedal
- Type of Action: In Rem Final Judgment of Foreclosure and Re-establishment of Lost Note
Parties
Plaintiff
- Wright Brothers Contracting Services, Inc.
- Address: 6715 White Drive, Riviera Beach, Florida 33407
Defendants
- JEM Homes International, LLC (Florida corporation)
- Roy Dan (individual)
- All grantees, assignees, lienholders, heirs, devisees, trustees, or others claiming through them
FINANCIAL FINDINGS
Principal and Interest
- Principal: $580,000.00
- Interest at 15% (3/5/2021 – 9/5/2021): $43,858.24
- Interest at 18% (9/6/2021 – 2/11/2026): $498,101.54
Additional Costs
- Delinquent Property Taxes: $23,253.16
- Filing Fee & Summons: $974.60
- Title Search / Foreclosure Commitment: $200.00
- Service of Process Fees: $151.00
- Attorneys’ Fees (through trial): $26,720.50
Total Final Judgment
$1,173,259.04
Post-judgment interest accrues at 8.44% per year.
PROPERTY SUBJECT TO FORECLOSURE
Location: Palm Beach County, Florida
Subdivision: Roseland Park, Block 2
Recorded in Plat Book 11, Page 17
Included Property:
- Lot 1
- Lot 2
- Lot 3
- Lots 4, 5, and 6
- West half of abandoned Alexander Avenue adjacent to Lots 1–6
- Lot combinations recorded in Official Records Book 29069 (Pages 225 and 250)
Effectively: Entire Block 2 (Lots 1–6) including abandoned roadway portions.
FORECLOSURE SALE DETAILS
- Sale Date: May 12, 2026
- Location: Electronic sale via
https://palmbeach.realforeclose.com - Governed by Florida Statute §45.031
- Sale to highest bidder for cash
DISTRIBUTION OF SALE PROCEEDS
Order of payment:
- Plaintiff’s court costs
- Documentary stamps on certificate of title
- Plaintiff’s attorneys’ fees
- Total amount due (plus interest to sale date)
- Remaining funds held pending court order
Subordinate lienholders must file timely claims to receive surplus funds.
ATTORNEYS’ FEE FINDINGS
The Court found reasonable:
- 53 hours attorney time at $250/hour
- 69.3 hours paralegal time at rates of $150, $175, $185/hour
- 57.3 hours paralegal time at $200/hour
- Total awarded: $26,720.50
Court found no enhancement or reduction factors under Florida Patients Compensation Fund v. Rowe.
RIGHTS AND LEGAL EFFECT
Right of Redemption
- Terminates upon filing of Certificate of Sale.
Possession
- Purchaser receives possession upon Certificate of Title.
- Bona fide tenant protections apply under federal and Florida law.
LOST NOTE RULING
The Court ruled:
- Plaintiff successfully re-established the lost promissory note.
- Plaintiff may enforce the instrument.
- Plaintiff must indemnify Defendant against any competing claims to enforce the note.
- Written indemnification agreement provides adequate protection.
JURISDICTION RETAINED
The Court retains jurisdiction to:
- Enforce the judgment
- Enter further orders
- Enter a potential deficiency judgment against Roy Dan
CORE FACT SUMMARY
- $580,000 loan obligation
- Interest increased to 18% in September 2021
- Total judgment exceeds $1.17 million
- Entire Block 2 of Roseland Park foreclosed
- Electronic sale scheduled May 12, 2026
- Deficiency judgment possible
- Lost note legally re-established
Sources