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Filing# 155544964 E-Filed 08/17/2022 02:55:26 PM
INTHE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. CACE19021666
FREEDOM MORTGAGE
CORPORATION,
Plaintiff,
VS.
ANDRE ST. STEVE KIFFIN, et. al.
Defendant(s),
I
MOTION TO VACATE FINAL JUDGMENT OF MORTGAGE
FORECLOSURE, DISMISS ACTION WITHOUT PREJUDICE,
DISSOLVE THE LIS PENDENS AND RELEASE ORIGINAL LOAN DOCUMENTS
Comes now, Plaintiff, MORTGAGE CORPORATION, by and through its
FREEDOM
undersignedattorney and pursuant to and respectfully
Fla. Civ. P. 1.540(b)(5), requests that the
Court Vacate the Final Judgment, Dissolve the Us Pendens, Dismiss the Action without
Prejudice,and Release the OriginalLoan Documents which have been filed and in support
thereof Plaintiff states as follows:
1. A Final Judgment of Foreclosure was entered in this action on August 18, 2021.
2. Rule 1.540(b)(5)Fla. R. Civ. P. states in pertinent part
...
upon such terms as are just the court may relieve a party or a party's legalrepresentative
from a finaljudgment, decree, order, or proceedingfor the followingreasons... (5) that the
judgment or decree has been satisfied,released, or discharged,or a prior judgment or
decree upon which it is based has been reversed or otherwise vacated, or it is no longer
equitablethat the judgment or decree should have prospective application.
3. After entry of the Final Judgment, The Defendant has tendered sufficient funds to Pay Off the
loan which was the subjectof this proceeding and it is no longerequitablethat the Final
Judgment have prospectiveapplication.
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PAG E 1
19-376234 - Ja L
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/17/2022 02:55:24 PM.****
4. the underlyingFinal Judgment be vacated and the case be
Accordingly,Plaintiffrequests
dismissed without prejudice.
5. Plaintiff requests return of the originalNote and Mortgage, an order reinstating
same, and
that the Us Pendens be dissolved,as to the property described as follows:
LOT 18, IN BLOCK 9, OF HOLLYWOOD HEIGHTS ADDITION
SECTION THREE, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 59, AT PAGE 27, OF THE PUBLIC
RECORDS OF BROWARD COUNTY, FLORIDA.
WHEREFORE, Plaintiff,requests an order to vacate the Final Judgment, Dissolve the
Lis Pendens, Dismiss the Action without Prejudice,and Release the OriginalLoan Documents
which have been filed.
PAG E 2
19-376234 - Ja L
CERTIFICATE OF SERVICE
I hereby certifythat a copy o f the Motion has been furnished to the partieslisted on the
attached service list via Mail and/or E-mail in accordance with the correspondingaddresses listed
therein on Dated this 17 day of August, 2022.
ROBERTSON, ANSCHUTZ, SCHNEID, CRANE
& PARTNERS, PLLC
Attorney for Plaintiff
6409 Congress Ave., Suite 100
Boca Raton, FL 33487
Telephone: 561-241-6901
Facsimile: 561-997-6909
Service Email: flmail@raslg.com
By \S\Caleb Hoesing-
Caleb Hoesing, Esquire
Florida Bar No. 1032063
Communication Email:
SERVICE LIST
BRUCE BOTSFORD, P.A.
BRUCE BOTSFORD, ESQ.
ATTORNEY FOR ANDRE ST. STEVE KIFFIN
C/O BRUCE BOTSFORD, P.A.
2524 FLAMINGO LANE
FT.LAUDERDALE, FL 33312
PRIMARY EMAIL: SERVICE@BOTSFORDLEGAL.COM
SECONDARY EMAIL BOTSLAW@GMAIL.COM
PAG E 3
19-376234 - Ja L
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Filing# 155544964 E-Filed 08/17/2022 02:55:26 PM INTHE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. CACE19021666 FREEDOM MORTGAGE CORPORATION, Plaintiff, VS. ANDRE ST. STEVE KIFFIN, et. al. Defendant(s), I MOTION TO VACATE FINAL JUDGMENT OF MORTGAGE FORECLOSURE, DISMISS ACTION WITHOUT PREJUDICE, DISSOLVE THE LIS PENDENS AND RELEASE ORIGINAL LOAN DOCUMENTS Comes now, Plaintiff, MORTGAGE CORPORATION, by and through its FREEDOM undersignedattorney and pursuant to and respectfully Fla. Civ. P. 1.540(b)(5), requests that the Court Vacate the Final Judgment, Dissolve the Us Pendens, Dismiss the Action without Prejudice,and Release the OriginalLoan Documents which have been filed and in support thereof Plaintiff states as follows: 1. A Final Judgment of Foreclosure was entered in this action on August 18, 2021. 2. Rule 1.540(b)(5)Fla. R. Civ. P. states in pertinent part ... upon such terms as are just the court may relieve a party or a party's legalrepresentative from a finaljudgment, decree, order, or proceedingfor the followingreasons... (5) that the judgment or decree has been satisfied,released, or discharged,or a prior judgment or decree upon which it is based has been reversed or otherwise vacated, or it is no longer equitablethat the judgment or decree should have prospective application. 3. After entry of the Final Judgment, The Defendant has tendered sufficient funds to Pay Off the loan which was the subjectof this proceeding and it is no longerequitablethat the Final Judgment have prospectiveapplication. 1111111111111111111111111111111111111111111111 111111111111111111111111111111111111111111111111 11111111111111111111111111111 PAG E 1 19-376234 - Ja L *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/17/2022 02:55:24 PM.**** 4. the underlyingFinal Judgment be vacated and the case be Accordingly,Plaintiffrequests dismissed without prejudice. 5. Plaintiff requests return of the originalNote and Mortgage, an order reinstating same, and that the Us Pendens be dissolved,as to the property described as follows: LOT 18, IN BLOCK 9, OF HOLLYWOOD HEIGHTS ADDITION SECTION THREE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 59, AT PAGE 27, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. WHEREFORE, Plaintiff,requests an order to vacate the Final Judgment, Dissolve the Lis Pendens, Dismiss the Action without Prejudice,and Release the OriginalLoan Documents which have been filed. PAG E 2 19-376234 - Ja L CERTIFICATE OF SERVICE I hereby certifythat a copy o f the Motion has been furnished to the partieslisted on the attached service list via Mail and/or E-mail in accordance with the correspondingaddresses listed therein on Dated this 17 day of August, 2022. ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC Attorney for Plaintiff 6409 Congress Ave., Suite 100 Boca Raton, FL 33487 Telephone: 561-241-6901 Facsimile: 561-997-6909 Service Email: flmail@raslg.com By \S\Caleb Hoesing- Caleb Hoesing, Esquire Florida Bar No. 1032063 Communication Email: SERVICE LIST BRUCE BOTSFORD, P.A. BRUCE BOTSFORD, ESQ. ATTORNEY FOR ANDRE ST. STEVE KIFFIN C/O BRUCE BOTSFORD, P.A. 2524 FLAMINGO LANE FT.LAUDERDALE, FL 33312 PRIMARY EMAIL: SERVICE@BOTSFORDLEGAL.COM SECONDARY EMAIL BOTSLAW@GMAIL.COM PAG E 3 19-376234 - Ja L