On January 20, 2023 a
Motion,Ex Parte
was filed
involving a dispute between
Freedom Mortgage Corporation,
and
Buenrostro, Jasinto J,
Salgado, Noemi,
Unknown Tenant In Possession O,
for RP/MF-NONHOMESTEAD RESID $50,001-249,999
in the District Court of Hardee County.
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Filing # 186342525 E-Filed 11/17/2023 08:33:56 AM
FREEDOM MORTGAGE CORPORATION IN THE CIRCUIT COURT OF THE
PLAINTIFF, TENTH JUDICIAL CIRCUIT, INAND FOR
VS. HARDEE COUNTY, FLORIDA
JASINTO J. BUENROSTRO ET AL., CIVIL DIVISION
DEFENDANTS. CASE NO.: 23000026CAAXMX
PLAINTIFF'S MOTION TO CANCEL AND RESCHEDULE THE
NOVEMBER 22, 2023 FORECLOSURE SALE
Plaintiff moves to cancel and reschedule the pending mortgage foreclosure sale, and in
support thereof states:
1 On October 16, 2023, this Court entered a Final Judgment of Foreclosure pursuant to
which a foreclosure sale has been scheduled for November 22, 2023.
In approving and adopting FORM 1.996(b) in 2010, the Florida Supreme Court
acknowledged the following as valid grounds on which to cancel and reschedule a
foreclosure sale. The operative ground(s) on which to do so in this case is/are marked
below:
a. ™ Plaintiff and Defendant are continuing to be involved in loss mitigation;
b. ™ Defendant is negotiating for the sale of the property that is the subject of this
matter and Plaintiff wants to allow the Defendant an opportunity to sell the property
and pay off the debt that is due and owing to Plaintiff;
c. ! Defendant has entered into a contract to sell the property that is the subject of
this matter and Plaintiff wants to give the Defendant an opportunity to consummate
the sale and pay off the debt that is due and owing to Plaintiff;
d. ™ Defendant has filed a Chapter (_ ) Petition under the Federal Bankruptcy
Code;
e. | Plaintiff has ordered but has not received a statement of value/appraisal for
the property;
f. ™ Plaintiff and Defendant have entered into a Forbearance Agreement;
g. © Other: ( )
3. Therefore, this Court should grant Plaintiff’s motion to cancel and reschedule sale.
Electronically Filed Hardee Case # 23000026CAAXMX 11/17/2023 08:33:56 AM
WHEREFORE, Plaintiff asks this Court to cancel and reschedule the pending
foreclosure sale 60 days out in this case.
MILLER, GEORGE & SUGGS, PLLC
210 N. UNIVERSITY DRIVE, SUITE 900
CORAL SPRINGS, FL 33071
TELEPHONE: 786-268-9954
DESIGNATED PRIMARY EMAIL FOR SERVICE
PURSUANT TO FLA. R. JUD. ADMIN 2.516:
ESERVICE@MGS-LEGAL.COM
BY: ! “ip
MIGDALIA JORDAN
BAR NO. 125410
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
to the parties listed on the attached service list via Mail and/or E-mail in accordance with the
corresponding addresses listed therein on/or about this 17" day of November, 2023.
“sy jah
MIGDALIA JORDAN
BAR NO. 125410
Case No: 23000026CAAXMX
JASINTO J. BUENROSTRO
471 CYPRESS ST
WAUCHULA FL 33873
NOEMI SALGADO
471 CYPRESS ST
WAUCHULA FL 33873
UNKNWON TENANT IN POSSESSION OF THE SUBJECT PROPERTY
471 CYPTRESS ST
WAUCHULA FL 33873
Document Filed Date
November 17, 2023
Case Filing Date
January 20, 2023
Category
RP/MF-NONHOMESTEAD RESID $50,001-249,999
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Filing # 186342525 E-Filed 11/17/2023 08:33:56 AM FREEDOM MORTGAGE CORPORATION IN THE CIRCUIT COURT OF THE PLAINTIFF, TENTH JUDICIAL CIRCUIT, INAND FOR VS. HARDEE COUNTY, FLORIDA JASINTO J. BUENROSTRO ET AL., CIVIL DIVISION DEFENDANTS. CASE NO.: 23000026CAAXMX PLAINTIFF'S MOTION TO CANCEL AND RESCHEDULE THE NOVEMBER 22, 2023 FORECLOSURE SALE Plaintiff moves to cancel and reschedule the pending mortgage foreclosure sale, and in support thereof states: 1 On October 16, 2023, this Court entered a Final Judgment of Foreclosure pursuant to which a foreclosure sale has been scheduled for November 22, 2023. In approving and adopting FORM 1.996(b) in 2010, the Florida Supreme Court acknowledged the following as valid grounds on which to cancel and reschedule a foreclosure sale. The operative ground(s) on which to do so in this case is/are marked below: a. ™ Plaintiff and Defendant are continuing to be involved in loss mitigation; b. ™ Defendant is negotiating for the sale of the property that is the subject of this matter and Plaintiff wants to allow the Defendant an opportunity to sell the property and pay off the debt that is due and owing to Plaintiff; c. ! Defendant has entered into a contract to sell the property that is the subject of this matter and Plaintiff wants to give the Defendant an opportunity to consummate the sale and pay off the debt that is due and owing to Plaintiff; d. ™ Defendant has filed a Chapter (_ ) Petition under the Federal Bankruptcy Code; e. | Plaintiff has ordered but has not received a statement of value/appraisal for the property; f. ™ Plaintiff and Defendant have entered into a Forbearance Agreement; g. © Other: ( ) 3. Therefore, this Court should grant Plaintiff’s motion to cancel and reschedule sale. Electronically Filed Hardee Case # 23000026CAAXMX 11/17/2023 08:33:56 AM WHEREFORE, Plaintiff asks this Court to cancel and reschedule the pending foreclosure sale 60 days out in this case. MILLER, GEORGE & SUGGS, PLLC 210 N. UNIVERSITY DRIVE, SUITE 900 CORAL SPRINGS, FL 33071 TELEPHONE: 786-268-9954 DESIGNATED PRIMARY EMAIL FOR SERVICE PURSUANT TO FLA. R. JUD. ADMIN 2.516: ESERVICE@MGS-LEGAL.COM BY: ! “ip MIGDALIA JORDAN BAR NO. 125410 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to the parties listed on the attached service list via Mail and/or E-mail in accordance with the corresponding addresses listed therein on/or about this 17" day of November, 2023. “sy jah MIGDALIA JORDAN BAR NO. 125410 Case No: 23000026CAAXMX JASINTO J. BUENROSTRO 471 CYPRESS ST WAUCHULA FL 33873 NOEMI SALGADO 471 CYPRESS ST WAUCHULA FL 33873 UNKNWON TENANT IN POSSESSION OF THE SUBJECT PROPERTY 471 CYPTRESS ST WAUCHULA FL 33873