On December 30, 2016 a
Motion-Secondary
was filed
involving a dispute between
Us Bank Na,
and
Atlantic Credit And Finance Inc,
Cane, Mike,
Cannon, Anthony M,
City Of St Petersburg Florida,
Naas, Megan J,
Unknown Spouse Of Anthony M Cannon,
Unknown Spouse Of Megan J Naas,
for REAL PROP - NON-HOMESTEAD RES FORECLOSURE3 $250,000 or more
in the District Court of Pinellas County.
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lN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PlNELLAS COUNTY, FLORIDA
CIVIL DIVISION
U.S. Bank N.A., as Trustee, on behalf of the Holders CASE #: 2016-008152—Cl
Of the J.P. Morgan Mortgage Acquisition Trust
2006-N02, Asset Backed Pass—Through Certificates,
Series 2006-NCZ,
Plaintiff,
vs.
Anthony M. Cannon AlK/A Anthony Cannon,
Defendant.
/
OBJECTION TO SALE
COMES NOW Michael Kane as Trustee of the 1193 88th Ave N Land Trust hereby files this Objection to Sale and in
support states:
'
1. This is a foreclosure case on a residential property in Pinellas County, FL.
2. The sale date for the property subject of this case was on March 12, 2019.
7
3. Plainiiff was the highest bidder at the foreclosure sale.
4. Defendant believes Plaintiff's calculations in the Final Judgment figures are incorrect, overstated and need to be
clarified as well as substantiated.
5. As the current titleholder, Defendant has a n'ght to redeem the Final Judgment with accurate and justifiable figures.
6. Plaintiff is attempting to deprive Defendant of their redemption rights in the property due to their wanton disregard
of the foreclosure auction process. The Final Judgment amount is being contested and needs to be justified.
7. Defendant has made numerous good faith efforts to negotiate a settlement with Plaintiff. Plaintiff has blatantly
ignored Defendant's various settlement requests.
8. lt is the desire of the Defendant to negotiate a reasonable offer of settlement with Plaintiff or redeem the Final
Judgment if figures are justified.
9. Foreclosures are equitable proceedings under Florida law and settlements between litigants are favored. Josecite
v. Wachovia Mortgage Corp, 97 So. 3d 265 (Fla. 5th DCA 2012).
10. Foreclosure actions are brought in courts of equity, thus allowing the trial
courts to use their equity powers to prevent injustices to parties attempting to settle their cases. Here, a hearing should
be scheduled in order to allow the settlement.
11. For the foregoing reasons, Defgndant objects to the sale which occurred on March 12, 2019 and requests a
hearing in this matter to discuss the inaccuracies of the Final Judgment amount and allow for a settlement.
WHEREFORE. Defendant prays this Court will schedule a hearing on this matter.
é 7a I
Michael Kane, as Trustee
1193 88th Ave N
St Petersburg FL 33702
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished, via U.S. Mail, on this 21st day of
March 2019 to: Kahane & Associates, P.A. 8201 Peters Road, Suite 3000 Plantation, FL 33324.
Document Filed Date
March 21, 2019
Case Filing Date
December 30, 2016
Category
REAL PROP - NON-HOMESTEAD RES FORECLOSURE3 $250,000 or more
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Preview
lN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PlNELLAS COUNTY, FLORIDA CIVIL DIVISION U.S. Bank N.A., as Trustee, on behalf of the Holders CASE #: 2016-008152—Cl Of the J.P. Morgan Mortgage Acquisition Trust 2006-N02, Asset Backed Pass—Through Certificates, Series 2006-NCZ, Plaintiff, vs. Anthony M. Cannon AlK/A Anthony Cannon, Defendant. / OBJECTION TO SALE COMES NOW Michael Kane as Trustee of the 1193 88th Ave N Land Trust hereby files this Objection to Sale and in support states: ' 1. This is a foreclosure case on a residential property in Pinellas County, FL. 2. The sale date for the property subject of this case was on March 12, 2019. 7 3. Plainiiff was the highest bidder at the foreclosure sale. 4. Defendant believes Plaintiff's calculations in the Final Judgment figures are incorrect, overstated and need to be clarified as well as substantiated. 5. As the current titleholder, Defendant has a n'ght to redeem the Final Judgment with accurate and justifiable figures. 6. Plaintiff is attempting to deprive Defendant of their redemption rights in the property due to their wanton disregard of the foreclosure auction process. The Final Judgment amount is being contested and needs to be justified. 7. Defendant has made numerous good faith efforts to negotiate a settlement with Plaintiff. Plaintiff has blatantly ignored Defendant's various settlement requests. 8. lt is the desire of the Defendant to negotiate a reasonable offer of settlement with Plaintiff or redeem the Final Judgment if figures are justified. 9. Foreclosures are equitable proceedings under Florida law and settlements between litigants are favored. Josecite v. Wachovia Mortgage Corp, 97 So. 3d 265 (Fla. 5th DCA 2012). 10. Foreclosure actions are brought in courts of equity, thus allowing the trial courts to use their equity powers to prevent injustices to parties attempting to settle their cases. Here, a hearing should be scheduled in order to allow the settlement. 11. For the foregoing reasons, Defgndant objects to the sale which occurred on March 12, 2019 and requests a hearing in this matter to discuss the inaccuracies of the Final Judgment amount and allow for a settlement. WHEREFORE. Defendant prays this Court will schedule a hearing on this matter. é 7a I Michael Kane, as Trustee 1193 88th Ave N St Petersburg FL 33702 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished, via U.S. Mail, on this 21st day of March 2019 to: Kahane & Associates, P.A. 8201 Peters Road, Suite 3000 Plantation, FL 33324.