FilingCase 9:20-cv-81728-DMM Document 17-23 Entered on FLSD Docket 10/21/2020 Page 1 of 5

# 60065632 E-Filed 08/07/201 7 04: 12:52 PM

IN THE CIRCUIT COURT OF

THE FIFTEENTH JUDICIALCIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA

FIRST AMERICAN BANK, as Case No.: 50-2016-CA-009292

successor by merger to Bank of Coral
Gables, LLC,

Plaintiff

Vs.

LAURENCE SCHNEIDER, STEPHANIE L.

SCHNEIDER, et. Al.

Defendants

EMERGENCY REQUEST FOR A TEMPORARY RESTRAINING ORDER

COME NOW Laurence Schneider and Stephanie L Schneider, Defendants, and hereby

objects to the foreclosure sale currently scheduled for August 10, 2017, and move for an

emergency injunction to prevent said sale. A proposed Order is attached herewith.

Good cause exists for the injunctive relief requested, as Defendants have timely filed both a

notice of appeal in this matter, which set forth the multitude of manifest errors of law ultimately

resulting in judgment to the Plaintiff. Furthermore, Defendants filed a stay pending appeal in the

matter.

STANDARD OF REVIEW

Defendants bring this emergency motion pursuant to Florida Rule of Civil Procedure

1.540(b), which sets a one-year time limit for a party to challenge a final judgment, decree, order,

or proceeding based on a mistake. Fla. R. Civ. P. l. 540(b).

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This matter was entered well within the statuary guidelines imposed by Fla. R. Civ. P.

1.540(b), and, as such, this Court has the power by which to cancel and/or postpone the sale.

Should it please the Court, Defendants are prepared to deposit with the Clerk of the Court a

nominal bond pending further redress, which Defendants remitted to the Court on a rehearing of

the matter.

There is a body oflaw applying rule l.540(b) as a basis for cancelling and/or stopping a

foreclosure sale. See Virgo v. Nat'! City Mortg. Co., 115 So. 3d 1072, 1074 (Fla. 4th DCA 2013)

(analyzing an objection to sale pursuant to rule l.540(b)); see also Chase Home Loans, LLC v.

Sosa, 104 So. 3d 1240, 1241 (Fla. 3d DCA 2012); Am. Nat 'l Bank v. Lau, 268 So. 2d 567, 568

(Fla. 2d DCA 1972)

Defendants contend and construe this motion to be an objection to the foreclosure sale

which is being made within ten days of the sale, as required by section 45.031(5), Florida

Statutes (2013). Notably, the sale is scheduled for August 10, 2017, and absent judicial

intervention, will take place.

Defendants further contend that, despite multiple requests for a payoff figure on the loan

obligations, have yet to be provided with such documentation, further necessitating this Motion

be granted, as Plaintiff's counsel has not been willing to even provide a payoff amount, which

Defendants are prepared to post as a bond. Defendants allege that Plaintiff, and Counsel for

Plaintiff, are deliberately, willfully, and maliciously, failing to provide this payoff amount due to

the allegation that said amount provided in the payoff request would vastly contradict Plaintiff's

Complaint, as well as the alleged amount Plaintiff claims Defendants owe.

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As such, Defendants pray for an order canceling and/or postponing the August 10, 2017

sale until either Plaintiff provides an accurate payoff statement, or the amended rehearing request

and motion for reconsideration can be heard.

As noted, Defendants are prepared to post a bond, should it please the Court, to prevent a

manifest injustice to Defendants.

Respectfully Submitted,

Date: August 7, 2017

Boca Raton, FL

LAURENCE S. SCHNEIDER, Pro Se

STEPHANIE L. SCHNEIDER, Pro Se
360 E. COCONUT PALM DRIVE
BOCA RATON, FL 33432
larry@sacapitalpartners.com

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CERTIFICATE OF SERVICE

I hereby certify that a copy hereof has been furnished to Henry H. Bolz III, 121 Majorca

Ave. #200. Coral Gables, FL 33134, by mail this J1h day of August 2017.

Laurence Schneider, pro se

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IN THE CIRCUIT COURT OF

THE FIFTEENTH JUDICIALCIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA

:
FIRST AMERICAN BANK, as : Case No.: 50-2016-CA-009292
successor by merger to Bank of Coral
:
Gables, LLC, :
:
Plaintiff :
:
:
Vs. :
:
:
LAURENCE SCHNEIDER, STEPHANIE L. :
SCHNEIDER, et. Al. :
:
Defendants :
:
:

[PROPOSED] ORDER

THIS MATTER having come before the Court for review on Defendants’ Emergency

Motion for a Temporary Restraining Order cancelling and/or postponing the foreclosure sale

scheduled for August 10, 2017, and based upon the review of Defendants’ Motion, and the Court

being otherwise fully advised in the premises, it is, ORDERED AND ADJUDGED that

Defendants’ Motion for a Temporary Restraining Order cancelling and/or postponing the

foreclosure sale scheduled for August 10, 2017 is GRANTED

DONE AND ORDERED, in West Palm Beach, Palm Beach County, Florida this ___

day of August 2017.

_____________________
Hon. Susan Lubitz