IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA

GREENPOINT MORTGAGE FUNDING, INC. Plaintiff vs. DIAZ, et al. Defendant _____________________________________/

CASE 08- CA 31 CIVIL DIVISION

MOTION FOR STAY ON WRIT OF POSSESSION Defendant, Diaz, by and through undersigned counsel, and pursuant to the Florida Rules of Civil Procedure, hereby files and serves his Motion for Stay on the Writ of Possession, and states as follows: 1. The foreclosure proceedings on the captioned case have been fraught with inconsistencies and confusion from the very beginning. (See Exhibit A). 2. The record shows that National City Mortgage had to intervene since they were never properly served. 3. On May 7, 2010, Defendant filed a Motion to Dismiss Final Summary Judgment correctly claiming that Plaintiff did not provide an original note and did not produce an assignment of mortgage. (See Exhibit B). 4. Consequently, on June 9, 2010, Plaintiff amended the Notice of Lis Pendens and the complaint pursuant to the allegations made by defendant in his motion of May 7, 2010. 5. On May 23, 2011, Defendants motion to dismiss was denied and an order for Writ of Possession was granted. 6. On June 1, 2011, a writ of possession was mistakenly issued contravening the court order of May 23, 2011, which gave defendant 60 days before a writ of possession could be issued. (See Exhibit C). 7. Defendant has been searching for other documents and communications having to do with this property in the hope of clarifying the doubts and answering some of the questions surrounding this convoluted foreclosure action.

8. Accordingly, in the interest of justice and fair play, the Defendant prays that this motion be granted and an order providing a temporary 90 day stay on the application of the previously granted writ of possession be issued. The Defendant states that he will not engage in any action that would harm the homestead property, and the delay will not unduly harm the parties involved.

WHEREFORE, Defendant respectfully request that this honorable court enter an order granting this motion and for any other relief as this court may deem just and proper.

CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing was furnished by U.S. Mail and facsimile on this 13th day of August 2011, to Law Offices of Marshall C. Watson, P.A., 1800 NW 49 Street, Suite 120, Ft. Lauderdale, FL 33309; and to attached mailing list.

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