Motion,Ex Parte: MEB LOAN TRUST vs OCANA, EDUARDO et al

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                                Filing # 109111172 E-Filed 06/19/2020 11:10:41 AM

IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL
CIRCUIT IN AND FOR MARION COUNTY, FLORIDA

MEB LOAN TRUST,

Plaintiff,
vs. CASE NO.:19CA002786AX

EDUARDO OCANA; UNKNOWN SPOUSE OF
EDUARDO OCANA; LUIS OCANA A/K/A LUIS
S. OCANA; UNKNOWN SPOUSE OF LUIS
OCANA A/K/A LUIS S. OCANA; THE MARION
OAKS CIVIC ASSOCIATION, INCORPORATED;
UNKNOWN TENANT(S) IN POSSESSION #1 and
#2, and ALL OTHER UNKNOWN PARTIES, et.al.,

Defendant(s).
/

 

PLAINTIFF’S MOTION TO DISPENSE WITH MEDIATION
Plaintiff, MEB LOAN TRUST, (hereinafter referred to as “Plaintiff’), by and through
undersigned counsel, hereby files this Motion to Dispense with Mediation in this action, and in
support thereof, states:

1. This is an action seeking to foreclose a mortgage on real property located in Marion County,
Florida.

2. Pursuant to the Order Granting Defendant’s Motion for Mediation (herein after referred to as
“Order”) entered April 16, 2020, mediation was ordered to take place within sixty (60) days of
the order.

3. The Order further states the Defendant shall have ten (10) days from the date of the Order to file
a “Notice of Mediation Conference” with the Clerk, indicating the date/time of the mediation and
the selected mediator.

4. As of the date of this motion, Defendant has not yet filed a “Notice of Mediation Conference.”

5. Plaintiff contacted the Defendant to coordinate a date/time but has been unsuccessful after

several attempts. Coordination attempts have been made via e-mail and by U.S. Mail.

Electronically Filed Marion Case # 19CA002786AX 06/19/2020 11:10:41 AM
19-484216. Plaintiff has provided a blank loss mitigation package to be completed by the Defendant in order
to be reviewed for loss mitigation options six times via e-mail and once via U.S. Mail. As of the
date of this motion, Plaintiff has not yet received any documents by the Defendant for review.

7. An attempt has been made to contact the borrower at the phone number listed on the Motion for
Mediation but the number was disconnected.

WHEREFORE, Plaintiff, MEB LOAN TRUST, prays that this Court enter an order
dispensing with mediation in this matter.

CERTIFICATE OF SERVICE

I certify that a copy hereof has been furnished to the parties on the below service list by mail if
no e-mail address is indicated or by e-mail if an e-mail address is indicated on June 19, 2020.

POPKIN & ROSALER, P.A.
Attorney for Plaintiff

1701 West Hillsboro Blvd, Suite 400
Deerfield Beach, FL 33442
Telephone: (954) 360-9030
Facsimile: (954) 420-5187

By: _/s/ Keith Lehman
o BRIAN L. ROSALER

Florida Bar No.: 0174882

= KEITH LEHMAN
Florida Bar No.: 85111
Designated primary email address:
pleadings@popkinrosaler.com

SERVICE LIST
CASE NO: 19CA002786AX

Eduardo Ocana

16030 Sw 52nd Avenue Rd

Ocala, Fl 34473

Primary E-Mail: Ocanafl@Aol.Com

Luis Ocana A/K/A Luis S. Ocana

1877 Palmetto Street
Ridgewood, Ny 11385

19-48421

The Marion Oaks Civic Association,
Incorporated

C/O Richard Dennison, R.A.

294 Marion Oaks Lane

Ocala, Fl 34473

Unknown Tenant(S) In Possession #1 N/K/A
Sasha Ocano

16030 Sw 52nd Avenue Rd

Ocala, Fl 34473