Beruflich Dokumente
Kultur Dokumente
Plaintiff,
vs.
JOHN DOE,
Defendants
______________________________________________/
PLAINTIFFS MOTION TO CANCEL FORECLOSURE SALE
SET FOR JANUARY 17, 2012 AND RESET SALE
TO A DATE NO SOONER THAN MARCH 19, 2012
COMES NOW, Defendant, JOHN DOE (hereinafter Defendant), by and
through undersigned counsel, hereby files its Motion to Cancel Foreclosure Sale Set for
January 17, 2012 and Reset Sale to a Date No Sooner Than March 19, 2012 and as
grounds therefor as follows:
1.
2.
3.
4.
subject loan and resolve this matter to avoid a judicial sale of Defendants property.
On or about July 28, 2011 Defendant was approved for a trial modification for the subject
loan with monthly payments in the amount of $1,196.14 beginning on September 1, 2011,
a copy of the approval letter for said trial modification is attached hereto as Defendants
Exhibit A.
5.
Upon information and belief, purely clerical issues are preventing the transition from trial
6.
7.
8.
9.
A and B.
It is respectfully submitted that the documents attached as Defendants Exhibits A and
B provide sufficient evidence to demonstrate that all parties are working in good faith
to save Defendants house and that the judicial sale of the subject property on January 17,
10.
11.
12.
On May 5, 2011, at a Non-Jury Trial, this Court entered an Order setting Mediation and
rescheduling the Non-Jury Trial for June 24, 2011, a copy of the May 5, 2011 Order is
attached hereto as Defendants Exhibits A.
13.
Plaintiff contacted the Collins Center for Public Policy (hereinafter Collins Center) as
the Mediation facility to mediate this case.
14.
Defendant provided all necessary documents and completed the financial counseling as
required by the Collins Center in a timely manner when request was made.
15.
On June 13, 2011, the Collins Center notified Defendants counsel via email that the
earliest available mediation date was July 19, 2011. A copy of the email from the Collins
Center confirming the mediation date is attached hereto as Defendants Exhibit B.
WHEREFORE, Defendant requests this Honorable Court cancel the sale date
scheduled for January 17, 2012 and reset the sale date for a date not sooner than March
19, 2012.
Respectfully submitted,
By:__________________________________
Xxxxxxxx, Esq.
Attorney for Defendant
Florida Bar No. xxxxxxx
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the foregoing was furnished by email and US
Mail to STRAUS & EISLER, P.A. Attorneys for Plaintiff, 10081 Pines Blvd, Suite C,
Pembroke Pines, Florida 33024 on this 16th day of January, 201.
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_____________________________
Xxxxxxxx, Esq.