Preview
Filing# 146131713 E-Filed 03/21/2022 09:44:10 PM
IN THE CIRCUIT COURT FOR THE 17?H JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
VILLA MEDICI ASSOCIATION, INC CASE NO.: CONO-20-20062
Plaintiff.
VS.
SOLIS EQUITY FINANCE, LLC,
Defendant.
SJ MAK, LLC'S MOTION FOR REHEARING AND RECONSIDERATION
Party, SJ
Intervening MAK, LLC, by and through undersigned counsel, moves this
Honorable Court pursuant to Florida Rule of Civil Procedure 1.530. for the
entry of an order
grantingrehearingof SJ MAK, LLC's motion to intervene in this action as a party Defendant, and
in support thereof, states the
following:
1. Oil March 4, 2022, the Court entered a case management an order denying SJ Mak's
Emergency Motion to Intervene.
2. SJ MAK, LLC brought the motion as a result of Plaintiff and Defendant enteringinto an
agreement for the entry of a final judgement,which will depriveSJ MAK, LLC of its rightsand
remedies to foreclose upon a mortgage lien and to obtain surplusfunds from the sale of the
subject
property, and to overall assert all of its rightsand remedies that it may have.
3. SJ MAK, LLC was a party
initially to this action that was served and who filed an answer.
SJ MAK, LLC was voluntarily dropped by the Plaintiff on July 23,2021.
4. As the Court was made aware, there is a related case, case number CACE18-3843, in
1
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/21/2022 09:44:10 PM.****
which SJ?MAK, LLC has filed a foreclosure action
againstDefendant, SOLACE EQUITY and
other defendants after they defaulted on a loan. SJ
MAK, LLC asserts that is has a valid and
legitimatemortgage lien which its upon and
foreclosing that but for Defendants. its
agent's
offices, and representatives
fraudulent satisfaction and mortgage, a final
judgement of
foreclosure would have already been entered in favor of SJ MAI<. LLC.
Plaintiff and Defendant
5. have droppedSJ MAK, LLC and have entered into an agreement
in an attempt to circumvent SJ MAK, LLCs rightsto foreclose on its superiormortgage lien.
6. In fact, SJ MAK. LLC has a legitimate
claim to the property that is the subject of this
foreclosure action and has an interest in the
subjectproperty.
7. The fact remains that the property is
subject to a foreclosure mortgage lien and
foreelosure action by the SJ MAK, LLC who holds a superiorlien on the property.
8. SJ MAK, LLC is an appropriate
and interested party in this action because the SJ MAK,
LLC has a recorded interest in the property which is now subjectto foreclosure in this separate
action.
9. The rightto intervene exists in favor of a person who claims to be the owner of, or to have
some interest in,property or rightwhich is the subject
of litigation. Park Towers Condominium
Bay
Association v. H.J. Rosen Associates, 503 So. ld. 1333 (Fla.yrd ,
DCA 1987). Moreover, leave to
intervene should be given freelywhen
justicerequires and is greatly favored in Florida. See
Florida Rule of Civil Procedure 1.230, National
WildlifeFederation v. Glisson, 531 So.2d 996
(Fla.1
St
DCA 1988), Miracle House Corp v.
Haige, 96 So. ld 417 (Fla. 1957). "Intervention
should be libcrally allowed" Id.
B..
10. 'The interest which will entitle a must be
person to intervene ... in the matter in
2
and of such a
litigation, direct and immediate character that the intervenor will either
gain or lose
by the direct legaloperationand effect of the judgment.In other words, the interest must be that
created by a claim to the demand in suit or some part thereof,or a claim to, or lien upon. the
property or some part thereof,which is the subjectof litigation.
Southern Comfort Grill, Inc.,v.
Hanks Const., LLC, 162 So.3d 144, 145 (Fla.4th DCA 2015) citing Union Cent. LifeIns. Co. v.
Carlisle,593 So.2d 505,507 (Fla.
1992) (quoting
Morgareidge v.
Howey, 75 Fla. 234,78 So. 14,
15 (1918)).
11. SJ MAK, LLC has the requisite
interest as its is currentlyforeclosing
it's secured interest in
a pending foreclosure case
againstthe same defendants in this case. SJ MAK would be entitled to
any surplusproceedsto offset a deficiency
judgment.
12. The stipulation
entered into between the Association and Defendant Solace
Equity Finance,
LLC (thealter ego of Edward Steadman) is a bad faith attempt to circumvent remedies or
any rights,
entitlement SJ MAK may have to any surplusto satisfya deficiencyjudgment and to impairits lien
It defies logicthat the
rights. perpetrator of a fraud would be entitled to abscond with the surplusto
the detriment of a secured lienholder. that was not
Certainly, the intention ofthe legislature.
13. At a minimum the Court should have conducted an
hearing to make the
evidentiary
determination as to whether SJ MAK has the requisite
interest to intervene. See Grimes v. Walton
Couno'. 591 So.2d 1091, 1094 (Fla.1st DCA 1988),National WildlifeFederation v. Glisson, 531
So.2d 996, 997 (Fla.1 St DCA 1988), Miracle House Corp v. Haige, 96 So. 2d 417 (Fla.1957)
14. SJ MAK, LLC's motion will not delay or disruptproceedingsand has not been made for
dilatory purposes. Ill the end, SJ MAK, LLC has a direct interest in the outcome of this
litigation
and unless permittedto intervene, it will not be and
fullyprotected, will deprived of its rightto
3
enforce a lien and claim
superior surplusfunds.
WHEREFORE, SJ MAK, LLC respectfully
requests that this motion be granted in that in
order be ended permittingSJ MAK. LLC to intervene as a party defendant in this action plus
fees and costs and for such other
attorney's further relief as this Honorable Court deems justand
proper.
Respectfully
submitted,
/s/ Robert Flavell
Robert Flavell, Esq.
FBN: 909203
Robert Flavell, P.A.
1420 Celebration Blvd Ste 200
Celebration,FL 34747-5162
Telephone:(407) 815-5377
E-mail: eservice@rfpa.net
CER 11FICATE OF SERVICE
I HEREBY CERTIFY that a correct and true copy of the foregoingwas served via the e-
filingportal to all of the partiesin this cause on March 21, 2022 in accordance with
Fla.R.Jud.Admin. 2.516.
/s/ Robert Flavell
Robert Flavell,Esq.
4
Preview
Filing# 146131713 E-Filed 03/21/2022 09:44:10 PM IN THE CIRCUIT COURT FOR THE 17?H JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA VILLA MEDICI ASSOCIATION, INC CASE NO.: CONO-20-20062 Plaintiff. VS. SOLIS EQUITY FINANCE, LLC, Defendant. SJ MAK, LLC'S MOTION FOR REHEARING AND RECONSIDERATION Party, SJ Intervening MAK, LLC, by and through undersigned counsel, moves this Honorable Court pursuant to Florida Rule of Civil Procedure 1.530. for the entry of an order grantingrehearingof SJ MAK, LLC's motion to intervene in this action as a party Defendant, and in support thereof, states the following: 1. Oil March 4, 2022, the Court entered a case management an order denying SJ Mak's Emergency Motion to Intervene. 2. SJ MAK, LLC brought the motion as a result of Plaintiff and Defendant enteringinto an agreement for the entry of a final judgement,which will depriveSJ MAK, LLC of its rightsand remedies to foreclose upon a mortgage lien and to obtain surplusfunds from the sale of the subject property, and to overall assert all of its rightsand remedies that it may have. 3. SJ MAK, LLC was a party initially to this action that was served and who filed an answer. SJ MAK, LLC was voluntarily dropped by the Plaintiff on July 23,2021. 4. As the Court was made aware, there is a related case, case number CACE18-3843, in 1 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/21/2022 09:44:10 PM.**** which SJ?MAK, LLC has filed a foreclosure action againstDefendant, SOLACE EQUITY and other defendants after they defaulted on a loan. SJ MAK, LLC asserts that is has a valid and legitimatemortgage lien which its upon and foreclosing that but for Defendants. its agent's offices, and representatives fraudulent satisfaction and mortgage, a final judgement of foreclosure would have already been entered in favor of SJ MAI<. LLC. Plaintiff and Defendant 5. have droppedSJ MAK, LLC and have entered into an agreement in an attempt to circumvent SJ MAK, LLCs rightsto foreclose on its superiormortgage lien. 6. In fact, SJ MAK. LLC has a legitimate claim to the property that is the subject of this foreclosure action and has an interest in the subjectproperty. 7. The fact remains that the property is subject to a foreclosure mortgage lien and foreelosure action by the SJ MAK, LLC who holds a superiorlien on the property. 8. SJ MAK, LLC is an appropriate and interested party in this action because the SJ MAK, LLC has a recorded interest in the property which is now subjectto foreclosure in this separate action. 9. The rightto intervene exists in favor of a person who claims to be the owner of, or to have some interest in,property or rightwhich is the subject of litigation. Park Towers Condominium Bay Association v. H.J. Rosen Associates, 503 So. ld. 1333 (Fla.yrd , DCA 1987). Moreover, leave to intervene should be given freelywhen justicerequires and is greatly favored in Florida. See Florida Rule of Civil Procedure 1.230, National WildlifeFederation v. Glisson, 531 So.2d 996 (Fla.1 St DCA 1988), Miracle House Corp v. Haige, 96 So. ld 417 (Fla. 1957). "Intervention should be libcrally allowed" Id. B.. 10. 'The interest which will entitle a must be person to intervene ... in the matter in 2 and of such a litigation, direct and immediate character that the intervenor will either gain or lose by the direct legaloperationand effect of the judgment.In other words, the interest must be that created by a claim to the demand in suit or some part thereof,or a claim to, or lien upon. the property or some part thereof,which is the subjectof litigation. Southern Comfort Grill, Inc.,v. Hanks Const., LLC, 162 So.3d 144, 145 (Fla.4th DCA 2015) citing Union Cent. LifeIns. Co. v. Carlisle,593 So.2d 505,507 (Fla. 1992) (quoting Morgareidge v. Howey, 75 Fla. 234,78 So. 14, 15 (1918)). 11. SJ MAK, LLC has the requisite interest as its is currentlyforeclosing it's secured interest in a pending foreclosure case againstthe same defendants in this case. SJ MAK would be entitled to any surplusproceedsto offset a deficiency judgment. 12. The stipulation entered into between the Association and Defendant Solace Equity Finance, LLC (thealter ego of Edward Steadman) is a bad faith attempt to circumvent remedies or any rights, entitlement SJ MAK may have to any surplusto satisfya deficiencyjudgment and to impairits lien It defies logicthat the rights. perpetrator of a fraud would be entitled to abscond with the surplusto the detriment of a secured lienholder. that was not Certainly, the intention ofthe legislature. 13. At a minimum the Court should have conducted an hearing to make the evidentiary determination as to whether SJ MAK has the requisite interest to intervene. See Grimes v. Walton Couno'. 591 So.2d 1091, 1094 (Fla.1st DCA 1988),National WildlifeFederation v. Glisson, 531 So.2d 996, 997 (Fla.1 St DCA 1988), Miracle House Corp v. Haige, 96 So. 2d 417 (Fla.1957) 14. SJ MAK, LLC's motion will not delay or disruptproceedingsand has not been made for dilatory purposes. Ill the end, SJ MAK, LLC has a direct interest in the outcome of this litigation and unless permittedto intervene, it will not be and fullyprotected, will deprived of its rightto 3 enforce a lien and claim superior surplusfunds. WHEREFORE, SJ MAK, LLC respectfully requests that this motion be granted in that in order be ended permittingSJ MAK. LLC to intervene as a party defendant in this action plus fees and costs and for such other attorney's further relief as this Honorable Court deems justand proper. Respectfully submitted, /s/ Robert Flavell Robert Flavell, Esq. FBN: 909203 Robert Flavell, P.A. 1420 Celebration Blvd Ste 200 Celebration,FL 34747-5162 Telephone:(407) 815-5377 E-mail: eservice@rfpa.net CER 11FICATE OF SERVICE I HEREBY CERTIFY that a correct and true copy of the foregoingwas served via the e- filingportal to all of the partiesin this cause on March 21, 2022 in accordance with Fla.R.Jud.Admin. 2.516. /s/ Robert Flavell Robert Flavell,Esq. 4