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Filing # 165793684 E-Filed 01/31/2023 10:13:50 AM
IN THE CIRCUIT COURT OF THE FOURTH
JUDICIAL CIRCUIT, IN AND FOR NASSAU
COUNTY, FLORIDA
CASE NO. 22CA000284AXYX
DEUTSCHE BANK NATIONAL TRUST COMPANY,
AS TRUSTEE FOR NOVASTAR MORTGAGE
FUNDING TRUST, SERIES 2007-1 NOVASTAR
HOME EQUITY LOAN ASSET-BACKED
CERTIFICATES, SERIES 2007-1,
Plaintiff,
vs.
A.O. UNITS, LLC, ET AL.
Defendants
/
CERTIFICATE OF MAILING
COMES NOW, DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR
NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2007-1 NOVASTAR HOME EQUITY LOAN
ASSET-BACKED CERTIFICATES, SERIES 2007-1, the Plaintiff, by and through its undersigned
counsel hereby certifies that a true and correct copy of the following:
1 ORDER DENYING MOTION TO DISMISS was mailed to the attached service list.
IT HEREBY CERTIFY that a true and correct copy of the foregoing was sent to the parties and
attorneys of record as shown on the attached service list. The service was completed on this 31‘ day of
January, 2023. On the service list, if an email address is designated for a party, then that party was served
via email only. If no email address is listed for that defendant on the service list, then that party was
served via regular U.S. Mail.
VAN NESS LAW FIRM, PLC
1239 E. Newport Center Drive, Suite 110
Deerfield Beach, Florida 33442
Ph: (954) 571-2031
PRIMARY EMAIL: Pleadings@vanlawfl.com
/s/ Maya Rubinov, Esq.
CO Maya Rubinov, Esq.
Bar Number: 99986
Email: MRubinov@vanlawfl.com
Electronical Filed Nassau Case # 22CA000284AXYX 01/31/2023 10:13:50 AM
PHH17404-22/lin
CASE NO.:_22CA000284AXYX
SERVICE LIST:
A.O. UNITS, LLC
ANDREW A. PINEIRO, ESQ.
PINEIRO BYRD, PLLC
4600 MILITARY TRAIL, SUITE 212
JUPITER, FL 33458
Attorney for A.O Units, LLC
Email: apineiro@pblaw fla.com
ABIGAIL LISTIER A/K/A ABIGAIL LISPIER
1108 CASPER DR
HERNDON, VA 20170
LELAND MANAGEMENT, INC.
6972 LAKE GLORIA BLVD
ORLANDO FL 32809
R.A for North Hampton Association, Inc.
BENTON TSAI
85738 BOSTICK WOOD DRIVE
FERNANDINA BEACH FLORIDA 32034
Unknown Tenant In Possession Of Subject Property
PHH17404-22/lin
Filing # 165699902 E-Filed 01/30/2023 10:49:09 AM
IN THE CIRCUIT COURT OF THE
FOURTH JUDICIAL CIRCUIT, IN AND
FOR NASSAU COUNTY, FLORIDA
CASE NO.: 2022-CA-00284
DEUTSCHE BANK NATIONAL TRUST DIVISION: A
COMPANY, as Trustee for NOVASTAR.
MORTGAGE FUNDING TRUST, SERIES
2007-1 NOVASTAR HOME EQUITY LOAN
ASSET-BACKED CERTIFICATES, SERIES
20007-1,
Plaintiff,
Vv.
A.O, UNITS, LLC; ABIGAIL LISTIER a/k/a
ABIGAIL LISPIER; NORTHHAMPTON
ASSOCIATION, INC.; UNKNOWN
TENANT IN POSSESSION OF SUBJECT
PROPERTY,
Defendants.
/
ORDER DENYING MOTION TO DISMISS
Defendant moves to dismiss based on an alleged inconsistency between the allegations in the
Complaint, a lost note affidavit, and document attached to the affidavit.
The Court cannot say, as a matter of law, that the document attached to the lost note affidavit
refutes or contradicts the allegations regarding Plaintiffs possession of the note. This matter is more
appropriate to handle with the benefit of evidence and not at the pleading stage.
Accordingly, the Motion to Dismiss is DENIED and Defendant shall answer within 10 days
of this Order.
DONE and ORDERED in Chambers, at Nassau County, Florida this 30th day of January,
a 2
2023.
ZO he
ERIC C. ROBERSON
CIRCUIT JUDGE
Copies to Counsel of record via electronic filing
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Filing # 165793684 E-Filed 01/31/2023 10:13:50 AM IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT, IN AND FOR NASSAU COUNTY, FLORIDA CASE NO. 22CA000284AXYX DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2007-1 NOVASTAR HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-1, Plaintiff, vs. A.O. UNITS, LLC, ET AL. Defendants / CERTIFICATE OF MAILING COMES NOW, DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2007-1 NOVASTAR HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-1, the Plaintiff, by and through its undersigned counsel hereby certifies that a true and correct copy of the following: 1 ORDER DENYING MOTION TO DISMISS was mailed to the attached service list. IT HEREBY CERTIFY that a true and correct copy of the foregoing was sent to the parties and attorneys of record as shown on the attached service list. The service was completed on this 31‘ day of January, 2023. On the service list, if an email address is designated for a party, then that party was served via email only. If no email address is listed for that defendant on the service list, then that party was served via regular U.S. Mail. VAN NESS LAW FIRM, PLC 1239 E. Newport Center Drive, Suite 110 Deerfield Beach, Florida 33442 Ph: (954) 571-2031 PRIMARY EMAIL: Pleadings@vanlawfl.com /s/ Maya Rubinov, Esq. CO Maya Rubinov, Esq. Bar Number: 99986 Email: MRubinov@vanlawfl.com Electronical Filed Nassau Case # 22CA000284AXYX 01/31/2023 10:13:50 AM PHH17404-22/lin CASE NO.:_22CA000284AXYX SERVICE LIST: A.O. UNITS, LLC ANDREW A. PINEIRO, ESQ. PINEIRO BYRD, PLLC 4600 MILITARY TRAIL, SUITE 212 JUPITER, FL 33458 Attorney for A.O Units, LLC Email: apineiro@pblaw fla.com ABIGAIL LISTIER A/K/A ABIGAIL LISPIER 1108 CASPER DR HERNDON, VA 20170 LELAND MANAGEMENT, INC. 6972 LAKE GLORIA BLVD ORLANDO FL 32809 R.A for North Hampton Association, Inc. BENTON TSAI 85738 BOSTICK WOOD DRIVE FERNANDINA BEACH FLORIDA 32034 Unknown Tenant In Possession Of Subject Property PHH17404-22/lin Filing # 165699902 E-Filed 01/30/2023 10:49:09 AM IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT, IN AND FOR NASSAU COUNTY, FLORIDA CASE NO.: 2022-CA-00284 DEUTSCHE BANK NATIONAL TRUST DIVISION: A COMPANY, as Trustee for NOVASTAR. MORTGAGE FUNDING TRUST, SERIES 2007-1 NOVASTAR HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 20007-1, Plaintiff, Vv. A.O, UNITS, LLC; ABIGAIL LISTIER a/k/a ABIGAIL LISPIER; NORTHHAMPTON ASSOCIATION, INC.; UNKNOWN TENANT IN POSSESSION OF SUBJECT PROPERTY, Defendants. / ORDER DENYING MOTION TO DISMISS Defendant moves to dismiss based on an alleged inconsistency between the allegations in the Complaint, a lost note affidavit, and document attached to the affidavit. The Court cannot say, as a matter of law, that the document attached to the lost note affidavit refutes or contradicts the allegations regarding Plaintiffs possession of the note. This matter is more appropriate to handle with the benefit of evidence and not at the pleading stage. Accordingly, the Motion to Dismiss is DENIED and Defendant shall answer within 10 days of this Order. DONE and ORDERED in Chambers, at Nassau County, Florida this 30th day of January, a 2 2023. ZO he ERIC C. ROBERSON CIRCUIT JUDGE Copies to Counsel of record via electronic filing