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In re: EVELYN R. ROBERTSON, Debtor. EVELYN R. ROBERTSON, Plaintiff, v. DARLENE STRICKLAND, Defendant.

JUDGMENT

JERRY FUNK, Bankruptcy Judge

This proceeding came before the Court upon a complaint filed by Plaintiff, Evelyn R. Robertson, alleging Defendant, Darlene Strickland, violated the chapter 7 discharge injunction, the Truth in Lending Act, the Florida Deceptive and Unfair Trade Practices Act, the Home Ownership and Equity Protection Act of 1994 and the Florida usury law. Upon Findings of Fact and Conclusions of Law separately entered, it is

ADJUDGED:

1. Judgment is entered in favor of Defendant, Darlene Strickland, and against Plaintiff, Evelyn R. Robertson, as to Count I.

2. Judgment is entered in favor of Defendant, Darlene Strickland, and against Plaintiff, Evelyn R. Robertson, as to Count II.

3. Judgment is entered in favor of Plaintiff, Evelyn R. Robertson, and against Defendant, Darlene Strickland, as to Count III. The Court awards Plaintiff $200.00 in damages pursuant to 15 U.S.C. § 1640(a)(2)(A)(iii) and $1,000.00 in attorney's fees pursuant to 15 U.S.C. § 1640(a)(3).

4. Judgment is entered in favor of Plaintiff, Evelyn R. Robertson, and against Defendant, Darlene Strickland, as to that portion of Count V which relates to HOEPA disclosure violations. The Court awards Plaintiff $500.00 in damages pursuant to 15 U.S.C. § 1640(a)(4).

5. Judgment is entered in favor of Plaintiff, Evelyn R. Robertson, and against Defendant, Darlene Strickland, as to Count IV and that portion of Count V, which relates to rescission. Upon recordation of this judgment the deed recorded in Book: 11997; page: 1533 is null and void and has no force and effect. Defendant will retain her lien in the amount of $17,098.37 against the home located at 278 North Wateredge Drive, Jacksonville, Florida 32211 and more particularly described as:

LOT 2, BLOCK2, EXCEPT THE PART DESCRIBED IN ORDER OF TAKING RECORDED IN OFFICIAL RECORDS VOLUME 2436, PAGE 1130, RIVIERA TERRACE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 25, PAGES 79 AND 79A, OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA.

The lien created by this judgment is in full force and effect until the lien is paid in full and the balance will accrue interest at 3.90%. Such lien became effective October 3, 2003, the date Plaintiff delivered the warranty deed to Defendant.

6. Judgment is entered in favor of Defendant, Darlene Strickland, and against Plaintiff, Evelyn R. Robertson, as to Count VI.

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IN RE ROBERTSON
(Aug 29, 2005)