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(20-22398 29) Emergency Request For A Temporary Restraining Order DE 159
(20-22398 29) Emergency Request For A Temporary Restraining Order DE 159
Party
Submitting: First American Bank – Judgment Creditor Ex. #29-DE 159
Adv. No._________________
Plaintiff
Vs.
Defendants
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
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,
DE 159
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This matter was entered well within the statuary guidelines imposed by Fla. R. Civ. P.
l .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 'l 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
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
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
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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
As noted, Defendants are prepared to post a bond, should it please the Court, to prevent a
Respectfully Submitted,
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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 ih day of August 2017.
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:
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
DONE AND ORDERED, in West Palm Beach, Palm Beach County, Florida this ___
_____________________
Hon. Susan Lubitz