Preview
Prepared by:
Edith Renfroe
8000 Quailwood Drive
Jacksonville, Fl. 32256
IN THE CIRCUIT COURT OF THE FOURTH
JUDICIAL CIRCUIT IN AND FOR DUVAL
COUNTY, FLORIDA
General Jurisdiction Division
Case Nr.: 16-2014-CA-006052
NATIONSTAR MORTGAGE LLC
c/b/a MR. COOPER
FILED
Plaintiff
-v- DEC 21 2023
EDITH RENFROE, et al Duval County Clerk of Courts
Defendant
AFFIDAVIT and MEMORANDUM OF LAW
Edith Renfroe, pro se, being duly sworn, deposes and says: I am the
Defendant in this action, and I respectfully submit this affidavit on the
following grounds:
1 DENIAL OF MOTION TO CANCEL AND DISCHARGE JUDGMENT, July
26, 2023, made by Senior Judge Aaron Bowden, Docket entry # 389,EXH.A;
In a manner most disrespectful senior judge Aaron Bowden returned Renfroe’s
original Motion via U.S.Postal service to her home address stamped “ denied”
without any further comment;
2 DENIAL OF MOTION TO CANCEL AND DISCHARGE JUDGEMENT,
November 13, 2023, made by Senior Judge Michael Weatherby, Docket Entry
# 416,EXH. B;
In a manner most disrespectful senior judge Michael Weatherby returned
Renfroe’s original Motion via U.S.Postal to her home address stamped “denied”
without any further comment;
3 DENIAL OF MOTION TO SET ASIDE AND VACATE CERTIFICATE OF
TITLE, October 14, 2023, made by Senior Judge Michael Weatherby, Docket
entry #414, EXH. C;
In a.manner most disrespectful ,senior judge Michael Weatherby returned
Renfroe’s original motion via U.S.Postal service to her home address stamped
“denied” without any further comment;
4 COURT’S NON RESPONSE TO MOTION FOR JUDICIAL
CLARIFICATION, November 27, 2023, made by, Edith Renfroe, pro se,
EXH. D,Docket entry # 418;
Senior judges Aaron Bowden and Michael Weatherby have chosen not to reply
to Renfroe’s motion for clarification and fact basis for their “denials.”
Hus
Respectfully sub: itted,
Dated: I bylois CA Co
Edith Renfroe, pro se
[lie
8000 Quailwood Drive
Jacksonville, Fl. 32256
(904) 629-6342
E renfroe36@comcast.ne: t
Sworn to me before this
2( dayof_Déc__, 2023 Hb,
Signature, Edith Renfroe
Col a
GREG STEPHAN
oe Notary Public - State ofFlo
Commission# HH 386935rida
N Public tae } My Comm, Expires
Bonded through National JunNota27,ry Assn
2027
,
CERTIFICATE OF SERVICE
I HEREBY CERTIFY, that a true and correct copy of the foregoing has
been furnished by U.S. Postal Service this 2/Sr__ day of OH 2.023 to:
McCalla Raymer Leibert Pierce
Attorneys for Nationstar
co lag
1320 Greenway Drive, # 780
Irving, Tx. 75038
Dated/ vo 2023
Edith Renfroe, pro se
APPENDIX EXHIBIT “A”
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FILED
IN THE CIRCUIT COURT OF THE FOURTH |
JUL 21.202 JUDICIAL CIRCUIT IN AND FOR DUVAL
COUNTY, FLORIDA
SDUVAL CLERK OF COURT
GENERAL JURISDICTION DIVISION
CASE NR.: 16-2014-CA-006052 1
NATIONSTAR MORTGAGE uc -
d/b/a. Mr. COOPER
|
|
THIS MOTION HAS BEENPRESENTED
Plaintiff AND CONSIDERED BY THE COURT!
SAID MOTION 1S. HEREBY DENIED. /
~v
EDITH RENFROE, et al Ree
4-al- a3}
Defendant
—— |
EFENDANT’S MOTION FOR-ORDER TO CANCEL AND DISCHARGE JUDGMENT
Comes now, Edith Renfroe, pro se pursuant
to Fi. St. R. Civ. P. Chapter 55, Judgments, section
55.145 herewith is filing her request for cancellation and discharge of judgment and in support
thereof says: |
i
1, Nationstar, not a Mortgagee, not a Lender in due Course, not an oblige who!never
extended credit to Renfroe and who never furnished proof of any authority entitling Nationstar
to litigate for and on behalf a third party. On August 27, 2014, Natinstar filed its ambush fawsuit
under its own name and for its own undue enrichment;
2. Nationstar failed to comply with conditions precedent its lawsuit and judgment are
void , See MichaelJ. Parkin, Jr. v. Eagle Home Mortgage, LLC (Fla. SDCA20-160, March 20,
2021);
3. On October 25, 2016., non jury trial in the matter occurred;
4. The Hon. Kevin Blazs invited the litigants to furnish their “Proposed Judgments”,
EXH. A (Trial Transcript page 91);
5, On February 13, 2017 the.court signed Plaintiff's Proposed Judgment{ docket nr.
174);
ate
6. On April 25, 2022 the instant Judgment was
discharged under 11 U.S.C, par. 727 aoe B;
7. On February 10, 2028 Proper Notice of
Discharge was filed in the circuit court
..C;
8Florida: Stat. R. Civ. P. Chapter. 55, Judgment
s, Section 145 ( 55.145): “ Discharge of
judgments in bankruptcy—— At any time after
1 year has elapsed ‘since a (“purported”) debt
or
was discharged from his.or her(“ purported”)
debt, pursuant to-an Ac OF CONGRESS relating
to bankruptcy, the (“ Purported”)debtor may petition the court inwhich the judg
ment was
rendered against such (“purported”) debtor. for
an Order to Cancel_and. Discharge. ch
lu ent |
9.It is apparent that Renfroe has been discharged from
the.payment ofthe judgment and
Renfroe respectfully asks this Court-to enter an order
canceling and-discharging said judgment.
i
Respectfully subr itted,
vatea:]{ 2/228 C/U.
Edith ‘Renfroe, prose
8000 Quailwood Drive
Jacksonville, Florida 32256
Tel.: Nr. (904).629-6342
renfroe36@comcasi.net
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and. correct cop y of the
foregoing has been furnished via. v. S.
Postal Service this _Z/ <#_ ‘day of July 2023 to:
Robertson Anschutz Schneid:and Crane
Attorneys for Plaintiff
Ny
6409 Congress Avenue, Suite 100
+ Boca Raton, Fl, 33487
IN. THE corr COURT OF THE
FOURTH CIAL CIRCUIT, IN
AND FOR| iN COUNTY, FLORIDA
3i GENERAL SDICTION DIVISI
CASE NO.: i 2014-cA-006052 ON
NATIONSTAR MORTGAGE, LLC,
t
ni
Plaintif£, i
if
vs.
7 EDITH .RENFROE a/k/a EDIT
H
STEURER RENFROE, et al.
,
a|
Defendant.
|
10 ee
a]
12]
13]{ HEARING BEFORE: THE. HONORABLE xara BLAZS
14 | DATE TAKEN: October 25, 2016
15 TIME: 10 a.m. to 12 p.m.
16 PLACE: Duval County Courthouse
501 West Adams Street
17 Jacksonville, Plorida 32202"
18
REPORTED BY: Heather King
19] Court Reporter and Notary. Public
20
21]
22
23]
2al
25
COBSTAL COURT
(904) 824-3525
ey.A
91
three issues that I believe thé Court outlined are:
2] Whether Ms. Renfroe received i@ breach letter,
eena
whether Ms. Renfroe executed the original note, and
also the res judicata issue? i
i
THE COURT: Correct. I bet your. pardon,
6] there is a res judicata issue... That's the first
thing I raised.
Anything further from the; defense?
MR. PELKOWSKI: No, Your Honor.
104 THE COURT: Those are the. issues. So if you
11 cover those things in your proposed judgments, I
12 would appreciate it. Submit it in Word, because
13 the. probability is high that at will be cut and
14] pasted.
is MS. DARROW: Who do we submit that to, Your
*6] Honor. |
17] THE COURT: My judicial assistant, Barbara
18| Elrod,. at belrod@coj .net. :
19 And, again, because this is a £inding and
201 it's a preponderance of the evidence, you can make
214 reference to the testimony hare. today that supports
224 your particular positions.
2a MR. PELKOWSKI: You said ten days, I believe?
24 THE COURT: Ten days. Is. that going to put
25 you under some time constraints?
COASTAL COURT
(904) 824-3525 :
ahieyaed EitolemcoMelct aN iA‘i Uomo
Dabtor4
Edith-M. .Renfroe Social Security numberorITIN xxx—xx-H593
FirstName Middle Nema ‘Last Nama EIN = we- ee
Debtor2
(Spouse,
iF fling) FirstName’ MiddleName Last Name Social-Security nismber or ITIN
~--+
ees
United States Bankruptcy Court. Middle District of.Florida
[Cesenumber: 3:20—bk-03074—-JAF
Order of Discharge
nena 125
IT IS ORDERED: Adischarge under 11 U.S.C.
§ vat is granted to:
Edith M. Renfroe
tvertify the fora; to be true
and correct copy of the original,
dee
’
US. BANKRUPICY COURT
~
Date
An d: il25"9
ser
02
UnvitedA,
2 Funke
fa! ruptcy dge
Explanation of Bankruptcy Discharge in a Chapter 7 Case
This order does ni ot close:or dismiss the case,
and it does not d letermine how much money, if This order does not prevent debtors from paying
voluntarily ‘or from paying reaffir
bent
any, the trustee will pay creditors. any:
according to the reaffirmat tion agres
11 U.S.C. § 524(c),
Creditors cannot collect discharged debts
This order means thi at no one may make ai
attempt to collect'a discharged debt from the Most debts are discharged
tors personally. For example, creditors Most debts are’ covered by the discharge but not
cannot sue, garnish wages, assert a deficiency, all. Generally, a dist removes the debtors'
or otherwise personal liability for debts owed before tht
to collect from .the debtors debtors’ bankruptcy case was filed.
personally on discharged debts: Creditors cannot
contact the debtors: by mail, pho ne, or otherwise
in any attempt to-collect the debt Also, if this case began under a different
personally. the Bankruptcy Cade and waslater co
Creditors who violate this order can: be required to chapter id
to pay debtors damages and attomey's fees. 7, debts owed before the convérsion
are discharged.
However, a credito1 r with alien may-enforce a Ina case involving communi
claim: against the.d lebtors' Property subject to that property: ipecial
that ep0u
lien unless the lien was'a voided or eliminated. rules protect certain commu: ined
‘or example, a creditor may have the right to by'the debtor's spouse, evi fen did
felorect Sl lose a home morigage or repossess an not file a bankruptcy case.
automobile.
For more information, see page 2 >
Official Form 318 Order of Discharge
Page1
we Aes,
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we
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CHRP OH COREL os
rig wouthes ecb Ahead ay
1 once ermeen a
voc # 2uz30z8514 1 OR 0580 Page
Recorded 02 13/2023 1749, | Pages: 7,
11:00 -AM, JODY PHILLIPS
| CIRCUIT COURT DUVAL COUN
TY
INTHE COOF
U THE
RFoU
TRTH
JUDICIAL, ICUIT IN AND FOR DUVAL
COUNTY,
CASE NNR.: 16-2014-Ca-006052
NATIONSTAR MORTGAGE LIC
d/b/a
MR. COOPER
FILED
FEB 1.0 2923
DUERK
VA Os L
count
EDITH RENFROE, et al
———_____/
NOTI
OF DISCE
CHARGE
‘AFFIDAVIT
InjuFina nc l Orde
ti r on ,e,Property Affirmed and Uncontested
discharg
Property Clalms, Along with AllAuthorities, Expressed
or Implied
Pursto ua 21.U.
nt S.C. 524{ by a}
operatio
(2 n of)aw
For Subject Property: 8060 Quallwood Drive; Jack
sonville, FA.32256
WHEREAS, |, Edith Renfroe, being Grantor of thealleged Security Deed Instrume
Promis Note so
give ry
notice of Discharge and nt
the
for any and all rights given to MERS, America’
Wholesale Lender (“AWL"},. s
ME sueser sors, predecessors assign, agents or any of thelr interests
may appear..
WHERon EA about.‘April 25, 2022 the United States Bankrupt
or S,
cy Court
Distofri rida, entered 3 final order discharging debts, créditors’ claim for the Middle
Floct
by the trustee. s and affirming assets
WHEREAS, this order, known as a discharge order, bars
any debt or recover any assets covered
creditors from attempting to collect
by the order. See 11. U.S.C. par. 524(a){2).
WHEREAS, this erder operates as an injun i ction against the commence
of an action, the employmenof or cont
me inua
nt tion
t Bpocess, or an act, to collect, recover or offset
3 personal liabilofity the any such debt. as
Whether or not discharge of such debt is waived;
Oper as an
at injes
unction against tfte commencement or continuati and
employofme on of an actio n, the
proc
nt ess, OF an act, to collect or recover fram, or offse
t against , proper oftythe
CryH ry
OR BK 20580 page 1750
i
t
WHEREAS, |, Edith Renfros, attach the order,
encumbrances, Sahn aan norman nd
alleged loans, debits, interests
Zz,
Edith
8000 Quailwood Drive
Jacksonvi
FL.lle
3225,6
Tel,: (904) 629-6342
CERTIFOF
ICASERV
TE ICE
| HEREBY CERTIFY, theta true and correct copy has been furnished via U.S. Postal Service
this_/0
7 day of February 2023 to the following:
Robe
Anschurt
tz Schnel
so d Crane
nand Partners
Attorney
for Plaintiff
6409 Congre Avenue, Suite
ss100
Boca Raton,
Fi. 33487
Dated2/ aH
Edith Renfroe, prose
wn on fveey eA 171>L
VERIFICATION
_ Edith Renfree, pro se, under penalty of perjury,
she has personal knovil
of theed
case ge
and all ‘Stamade
te areme
true nt
and corre
sct. ©
Cobh py
Edith Renfroe, prose
STATE OF FLORIDA.
COUNTY OF DUVAL
Before me personally appeared EDITH RENFROE, to me
well known or who has produced her
Florida Driver's License as Identification,and known to me
to be the individual described in
foregoing Verification, and who has ‘executed same before me
and acknowledtoged
and
me, under penalt of perjur
yy, that‘the stat made
em are en
true andts
correct.
NE mand and offi cettis__l€)_ doy of ssary202; at
County and State
se eteerae
na
a oe i*e
aloefaoe
fes
Notary
"Seeeerecon A
My Commission Expires:
Personally Known
‘Type of Ped? On Lie
cord Date:
2/13/2023
Book Type:
OR - Official Records
Book
/ Page:
20580/1749
Instrument Number:
2023028514
Number Of Pages:
Doc Type:
NOTICE - NOTICE
Grantor:
MR COOPER.
NATIONSTAR MORTGAGE LLC
Grantee:
RENFROE EDITH
Consideration:
$0.00
CaseNumber:
16-2014-CA-GO6052-XXXX-MA
F of AUK Pages:
OR' BK 20580 - PAGE 1753
HNDBAOYAN LaPeta eis\=2 oye)
Debtort
Edith M. Renfroe [Securly numbaror nin, sooo
FistNama UidtdeNeme - LastNaino
Debtor2.
FirstName MiddieName. . LastName ‘Secumtymanberor
TiN ~---
(Spousa,
i ing)
N eee se
United SuatesBaniouptGout
cy ‘Middle District of Florida
Case munber,. 3:20—bk~03074—JAF
Order of Discharge 2A
IT 1S ORDERED: A discharge under 14'U.S.C. § 727Is granted to: ~
Edith
M. Renfroe
fj
ry A.Fun
United Jankruptcy.J dge
Explanation
of Bankruptcy Discharge in-a Chapter
7 Case
This order. does not close or dismiss the This ane doesnot prevent dettrs om ing
and it dees not jletermine how much money, | ‘debt voluntarilyor fr
any, the trustee will pay according to the re imation agreem
USC. ooKG, (8.
Creditors cannot collect discharged debts
This order means that no one may make any
any Most debts are
attempt to collect a discharged. Most debts are covered by the discharge,but not
debtors personal . For example, creditors all. Generally,a 8 removesthe debt
cannot-sue, gamis!in
sh wages,sseatt:
as a deficiency, pereonal labitiy for de owed before the
or otherwise debtors’ bankruptcy case was filed.
personallyon
on diecharaed dont
debts. occas cannot
contact the debtors by mail, phone, or otherwise Ale itthis case -under a.different
was later cont
Gredtors attempt io collect the debt |
hors who violate this order can Be required
to pay debtors damages and attomey's fees.
chao’ debits owed before the eanversion
However, a. Sracitor with'galien may enforce a. Ina case involvi communi properiy: Special
‘protest
ce
elai btors’ property subject-to.that
flen unless the Ten was avoided or eliminated.
For example, creditor may have the-rightto
by the debtors spouse, even
fot file
2 ban!
ev if thatep joOuse
foreciose.a home mortgage or repossess an
automobile.
For more information,
see page 2>
Official Form 378 Order
of Discharge page 1
APPENDIX EXHIBIT “B”
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2
INTHE CIRCUIT COURT OF THE FOURTH
SUDICIAL CIRCUIT IN AND FOR DUVAL
COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NR.: 16-2014-CA-006052
NATIONSTAR MORTGAGE LLC
Plaintiff
~-
EDITH RENFROE
Defendant
ee
ORDER GRANTING TION TO CANCEL AND DISCHARGE JUDGME!
[Mot ewlet
THIS CAUSE came on before me on ______Ortober 2023 on Deferidant’s Motion to Cancel
and Discharge Judgment according to 11 U.S.C. 727, 11 U.S.C. 524(a){1){2) and Fla, Stat. R.C.P.
Chapter 55.145 filed on October 28, 2023 and the Court having reviewed the Motion and the
attached exhibits and has concluded that the Motion to Cancel and. Discharge Judgment is
stating'a viable cause of action.
itis hereby-Ordered-and Adjudged
1. Defendant's Request is-GRANZED; DX ZO.
Matic ANTED-a totes B-and-D CH
2. Def
DONE and-ORDERED this__/? day of _Aoper¢“2023.
mm
hihed i
Judge presiding
Copies to:
McCalla Raymer Leibert Pierce Edith Renfroe
Attomeys for Nationstar 8000 Quailwood Drive.
1320 Greenway Drive, Suite 780 Jacksonville, FI. 32256
Irving, Tx. 75038
ee
IN THE CIRCUIT COURT OF
THE FOURTH JUDICIAL CIRCUIT
IN AND FOR DUVAL COUNTY,
FLORIDA
GENERAL JURISDICTION DIVISION
Case Nr.: 16-2014-CA-006052
NATIONSTAR MORTGAGE LLC FILED
d/b/a MR. COOPER
Plaintiff, OCT 30 2023
-v- Duval County Clerk of Courts
EDITH RENFROE
Defendant,
/
DEFENDANT’S MOTION TO CANCEL AND DISCHARGE JUDGMENT
Comes now, Defendant Edith Renfroe, pro se pursuant to Florida Statute
55, section 145 herewith is asking for cancellation and discharge of judgment
and in support thereof shows:
1. On April 25, 2022 Renfroe received Discharge under 11 U.S.C. par. 727
EXH. A;
2. On September 12, 2023 Notice of Discharge was filed in circuit court
including certified copy of Discharge and 11 U.S.C. Code 524 (a)(1)(2) “ Effect
of Discharge “ EXH. B;
3. Florida Statute 55.145 :”Discharge of judgments in bankruptcy court
the
pursuant to the Act of Congress relating to bankruptcy... may petition
court in which the ju it was dered for ORDER TO CANCEL AND
has been
DISCHARGE SUCH JUDGMENT ..if it appears .. that the .. debtor
disch: d from the ent of the jud; t ....the order shall have the same
d
effect as a satisfaction of judgment and a certified copy thereof may be recorde
in the same manner as a satisfaction of judgment. This section shall apply only
to liens under judgments or obligation duly scheduled in the bankruptcy
1
IN THE CIRCUIT COURT OF THE FOURTH
JUDICIAL CIRCUIT IN AND FOR DUVAL
COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NR.: 16-2014-CA-006052
NATIONSTAR MORTGAGE LLC
Plaintiff
Vv
EDITH RENFROE
Defendant
ORDER GRANTING MOTION TO CANCEL AND DISCHARGE JUDGMENT
THIS CAUSE came on before me on October 2023 on Defendant’s Motion to Cancel
and Discharge Judgment according to 11 U.S.C. 727, 11 U.S.C. 524(a)(1)(2) and Fla. Stat. R.C.P.
Chapter 55.145 filed on October 28, 2023 and the Court having reviewed the Motion and the
attached exhibits and has concluded that the Motion to Cancel and Discharge Judgment is
stating a viable cause of action.
It is hereby Ordered and Adjudged
1. Defendant’s Request is GRANTED;
2. Defendant’s Motion is GRANTED and the judgment is CANCELLED and DISCHARGED.
DONE and ORDERED this day of 2023.
Judge Presiding
Copies to:
McCalla Raymer Leibert Pierce Edith Renfroe
Attorneys for Nationstar 8000 Quailwood Drive
1320 Greenway Drive, Suite 780 Jacksonville, Fl. 32256
Irving, Tx. 75038
proceedings, the court shall enter an order canceling and discharging said
judgment...”; EXH. C;
Florida Statutes are the codified statutory laws of the State of Florida;
4. Renfroe’s motion is legally proper , legally sufficient and the Court is
required by law to review the Motion and judicially act on it.
WHEREFORE, Defendant, Edith Renfroe, pro se, prays this Court to
accordingly enter its Order to Cancel and Discharge Judgment.
Respectfully su itted,
Dated:/ weiftezz
Ce.
Edith Renfroe, pro se
8000 Quailwood Drive
Jacksonville, Fl. 32256
(904) 629-6342
Erenfroe36@comcast.net
CERTIFICATE OF SERVICE
I HEREBY CERTIFY , that a true and correct copy of the foregoing has been
furnished via U.S.Postal Service this TU_day of October 2023 to:
The Honorable Chief Justice Lance Day
Duval County Courthouse
501 West Admas Street
Jacksonville, Fl. 32202-4608
McCalla Raymer Leibert Pierce
Attorneys for Nationstar
1320 Greenway Drive, Suite 789
Irving, Tx. 75038
Cafe, Jone pon ?
10/0/2023
EXHIBIT A
(iraenenee Rome leveyaiN ara :i
‘SociatSocurtty mumberorTTIN x00K-2X-5593 ‘
Debtor4 Edith M. Renfroe EN _>----——
Socal Securty muiber orTTIN ____
FinstNama MiddeName LastName
Debtor2.
FirstName Middle Neme Last Name EN _7_————-
e,g)
IF flin
(Spous
ict of Florida
‘United States Bankruptey Court Middle Dist
cosemmber 3:20-bk-03074-JAF
1415
Order of Dis charge cS
<=
gratedto:
am ao
= seo oe
2
TTISOR - Adischa roe 727 is
Edith M. Renfroe
i ecertify the going to be teue
Q)
and conec of the original.
CLERK OF
meas
socart
eny A Giz 1dge
Dated: April 25.2022 nited ou nirupicy
Case
an at io n of Ba nk ru pt cy Discharge ina Chapter7
Ex pl paying
event debtors from
This ord r cl loseor dismthe
s not
doee is
mon
se,
cas
ey, if
This order does not pror
any debt voluntarily the
paying
ret
§ 1U. se
e how muc h
and It does not
any,the ‘will pay cred itor s.
jebis
.S. a0 (f).
scharged debts :
Creditors cannot collectdi Most debts are discharge discharge, but not
make any s ar ecov ere d by
This order means that no one it from the de bt remov thees debtors’
attempt to collect a dis charged all. Generally, a discharge ed be fo re th e
exa mpl e,
debtors personally. For deficiency, tc
case ways:
cannot sue, mish wages, ‘bankrup
m the deb tors
or otherwise to colle dfro
Preview
Prepared by: Edith Renfroe 8000 Quailwood Drive Jacksonville, Fl. 32256 IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT IN AND FOR DUVAL COUNTY, FLORIDA General Jurisdiction Division Case Nr.: 16-2014-CA-006052 NATIONSTAR MORTGAGE LLC c/b/a MR. COOPER FILED Plaintiff -v- DEC 21 2023 EDITH RENFROE, et al Duval County Clerk of Courts Defendant AFFIDAVIT and MEMORANDUM OF LAW Edith Renfroe, pro se, being duly sworn, deposes and says: I am the Defendant in this action, and I respectfully submit this affidavit on the following grounds: 1 DENIAL OF MOTION TO CANCEL AND DISCHARGE JUDGMENT, July 26, 2023, made by Senior Judge Aaron Bowden, Docket entry # 389,EXH.A; In a manner most disrespectful senior judge Aaron Bowden returned Renfroe’s original Motion via U.S.Postal service to her home address stamped “ denied” without any further comment; 2 DENIAL OF MOTION TO CANCEL AND DISCHARGE JUDGEMENT, November 13, 2023, made by Senior Judge Michael Weatherby, Docket Entry # 416,EXH. B; In a manner most disrespectful senior judge Michael Weatherby returned Renfroe’s original Motion via U.S.Postal to her home address stamped “denied” without any further comment; 3 DENIAL OF MOTION TO SET ASIDE AND VACATE CERTIFICATE OF TITLE, October 14, 2023, made by Senior Judge Michael Weatherby, Docket entry #414, EXH. C; In a.manner most disrespectful ,senior judge Michael Weatherby returned Renfroe’s original motion via U.S.Postal service to her home address stamped “denied” without any further comment; 4 COURT’S NON RESPONSE TO MOTION FOR JUDICIAL CLARIFICATION, November 27, 2023, made by, Edith Renfroe, pro se, EXH. D,Docket entry # 418; Senior judges Aaron Bowden and Michael Weatherby have chosen not to reply to Renfroe’s motion for clarification and fact basis for their “denials.” Hus Respectfully sub: itted, Dated: I bylois CA Co Edith Renfroe, pro se [lie 8000 Quailwood Drive Jacksonville, Fl. 32256 (904) 629-6342 E renfroe36@comcast.ne: t Sworn to me before this 2( dayof_Déc__, 2023 Hb, Signature, Edith Renfroe Col a GREG STEPHAN oe Notary Public - State ofFlo Commission# HH 386935rida N Public tae } My Comm, Expires Bonded through National JunNota27,ry Assn 2027 , CERTIFICATE OF SERVICE I HEREBY CERTIFY, that a true and correct copy of the foregoing has been furnished by U.S. Postal Service this 2/Sr__ day of OH 2.023 to: McCalla Raymer Leibert Pierce Attorneys for Nationstar co lag 1320 Greenway Drive, # 780 Irving, Tx. 75038 Dated/ vo 2023 Edith Renfroe, pro se APPENDIX EXHIBIT “A” ~-. 7, ——~ | 2 an ae on sagan oN oO Feanw zO= e828 x \° sO § ag = s a $a %, afgu wea of Gunn ges 1B i a9 Ei % : fet } _— 8 * a OF to Bw faa mio x wu owas Of 2a5 ROH oa 39 au ot ne ee FILED IN THE CIRCUIT COURT OF THE FOURTH | JUL 21.202 JUDICIAL CIRCUIT IN AND FOR DUVAL COUNTY, FLORIDA SDUVAL CLERK OF COURT GENERAL JURISDICTION DIVISION CASE NR.: 16-2014-CA-006052 1 NATIONSTAR MORTGAGE uc - d/b/a. Mr. COOPER | | THIS MOTION HAS BEENPRESENTED Plaintiff AND CONSIDERED BY THE COURT! SAID MOTION 1S. HEREBY DENIED. / ~v EDITH RENFROE, et al Ree 4-al- a3} Defendant —— | EFENDANT’S MOTION FOR-ORDER TO CANCEL AND DISCHARGE JUDGMENT Comes now, Edith Renfroe, pro se pursuant to Fi. St. R. Civ. P. Chapter 55, Judgments, section 55.145 herewith is filing her request for cancellation and discharge of judgment and in support thereof says: | i 1, Nationstar, not a Mortgagee, not a Lender in due Course, not an oblige who!never extended credit to Renfroe and who never furnished proof of any authority entitling Nationstar to litigate for and on behalf a third party. On August 27, 2014, Natinstar filed its ambush fawsuit under its own name and for its own undue enrichment; 2. Nationstar failed to comply with conditions precedent its lawsuit and judgment are void , See MichaelJ. Parkin, Jr. v. Eagle Home Mortgage, LLC (Fla. SDCA20-160, March 20, 2021); 3. On October 25, 2016., non jury trial in the matter occurred; 4. The Hon. Kevin Blazs invited the litigants to furnish their “Proposed Judgments”, EXH. A (Trial Transcript page 91); 5, On February 13, 2017 the.court signed Plaintiff's Proposed Judgment{ docket nr. 174); ate 6. On April 25, 2022 the instant Judgment was discharged under 11 U.S.C, par. 727 aoe B; 7. On February 10, 2028 Proper Notice of Discharge was filed in the circuit court ..C; 8Florida: Stat. R. Civ. P. Chapter. 55, Judgment s, Section 145 ( 55.145): “ Discharge of judgments in bankruptcy—— At any time after 1 year has elapsed ‘since a (“purported”) debt or was discharged from his.or her(“ purported”) debt, pursuant to-an Ac OF CONGRESS relating to bankruptcy, the (“ Purported”)debtor may petition the court inwhich the judg ment was rendered against such (“purported”) debtor. for an Order to Cancel_and. Discharge. ch lu ent | 9.It is apparent that Renfroe has been discharged from the.payment ofthe judgment and Renfroe respectfully asks this Court-to enter an order canceling and-discharging said judgment. i Respectfully subr itted, vatea:]{ 2/228 C/U. Edith ‘Renfroe, prose 8000 Quailwood Drive Jacksonville, Florida 32256 Tel.: Nr. (904).629-6342 renfroe36@comcasi.net CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and. correct cop y of the foregoing has been furnished via. v. S. Postal Service this _Z/ <#_ ‘day of July 2023 to: Robertson Anschutz Schneid:and Crane Attorneys for Plaintiff Ny 6409 Congress Avenue, Suite 100 + Boca Raton, Fl, 33487 IN. THE corr COURT OF THE FOURTH CIAL CIRCUIT, IN AND FOR| iN COUNTY, FLORIDA 3i GENERAL SDICTION DIVISI CASE NO.: i 2014-cA-006052 ON NATIONSTAR MORTGAGE, LLC, t ni Plaintif£, i if vs. 7 EDITH .RENFROE a/k/a EDIT H STEURER RENFROE, et al. , a| Defendant. | 10 ee a] 12] 13]{ HEARING BEFORE: THE. HONORABLE xara BLAZS 14 | DATE TAKEN: October 25, 2016 15 TIME: 10 a.m. to 12 p.m. 16 PLACE: Duval County Courthouse 501 West Adams Street 17 Jacksonville, Plorida 32202" 18 REPORTED BY: Heather King 19] Court Reporter and Notary. Public 20 21] 22 23] 2al 25 COBSTAL COURT (904) 824-3525 ey.A 91 three issues that I believe thé Court outlined are: 2] Whether Ms. Renfroe received i@ breach letter, eena whether Ms. Renfroe executed the original note, and also the res judicata issue? i i THE COURT: Correct. I bet your. pardon, 6] there is a res judicata issue... That's the first thing I raised. Anything further from the; defense? MR. PELKOWSKI: No, Your Honor. 104 THE COURT: Those are the. issues. So if you 11 cover those things in your proposed judgments, I 12 would appreciate it. Submit it in Word, because 13 the. probability is high that at will be cut and 14] pasted. is MS. DARROW: Who do we submit that to, Your *6] Honor. | 17] THE COURT: My judicial assistant, Barbara 18| Elrod,. at belrod@coj .net. : 19 And, again, because this is a £inding and 201 it's a preponderance of the evidence, you can make 214 reference to the testimony hare. today that supports 224 your particular positions. 2a MR. PELKOWSKI: You said ten days, I believe? 24 THE COURT: Ten days. Is. that going to put 25 you under some time constraints? COASTAL COURT (904) 824-3525 : ahieyaed EitolemcoMelct aN iA‘i Uomo Dabtor4 Edith-M. .Renfroe Social Security numberorITIN xxx—xx-H593 FirstName Middle Nema ‘Last Nama EIN = we- ee Debtor2 (Spouse, iF fling) FirstName’ MiddleName Last Name Social-Security nismber or ITIN ~--+ ees United States Bankruptcy Court. Middle District of.Florida [Cesenumber: 3:20—bk-03074—-JAF Order of Discharge nena 125 IT IS ORDERED: Adischarge under 11 U.S.C. § vat is granted to: Edith M. Renfroe tvertify the fora; to be true and correct copy of the original, dee ’ US. BANKRUPICY COURT ~ Date An d: il25"9 ser 02 UnvitedA, 2 Funke fa! ruptcy dge Explanation of Bankruptcy Discharge in a Chapter 7 Case This order does ni ot close:or dismiss the case, and it does not d letermine how much money, if This order does not prevent debtors from paying voluntarily ‘or from paying reaffir bent any, the trustee will pay creditors. any: according to the reaffirmat tion agres 11 U.S.C. § 524(c), Creditors cannot collect discharged debts This order means thi at no one may make ai attempt to collect'a discharged debt from the Most debts are discharged tors personally. For example, creditors Most debts are’ covered by the discharge but not cannot sue, garnish wages, assert a deficiency, all. Generally, a dist removes the debtors' or otherwise personal liability for debts owed before tht to collect from .the debtors debtors’ bankruptcy case was filed. personally on discharged debts: Creditors cannot contact the debtors: by mail, pho ne, or otherwise in any attempt to-collect the debt Also, if this case began under a different personally. the Bankruptcy Cade and waslater co Creditors who violate this order can: be required to chapter id to pay debtors damages and attomey's fees. 7, debts owed before the convérsion are discharged. However, a credito1 r with alien may-enforce a Ina case involving communi claim: against the.d lebtors' Property subject to that property: ipecial that ep0u lien unless the lien was'a voided or eliminated. rules protect certain commu: ined ‘or example, a creditor may have the right to by'the debtor's spouse, evi fen did felorect Sl lose a home morigage or repossess an not file a bankruptcy case. automobile. For more information, see page 2 > Official Form 318 Order of Discharge Page1 we Aes, VE. SS ic eo Te, Z ae woe 3 Ze St $= aeiS = we aig boundica chi =§= CHRP OH COREL os rig wouthes ecb Ahead ay 1 once ermeen a voc # 2uz30z8514 1 OR 0580 Page Recorded 02 13/2023 1749, | Pages: 7, 11:00 -AM, JODY PHILLIPS | CIRCUIT COURT DUVAL COUN TY INTHE COOF U THE RFoU TRTH JUDICIAL, ICUIT IN AND FOR DUVAL COUNTY, CASE NNR.: 16-2014-Ca-006052 NATIONSTAR MORTGAGE LIC d/b/a MR. COOPER FILED FEB 1.0 2923 DUERK VA Os L count EDITH RENFROE, et al ———_____/ NOTI OF DISCE CHARGE ‘AFFIDAVIT InjuFina nc l Orde ti r on ,e,Property Affirmed and Uncontested discharg Property Clalms, Along with AllAuthorities, Expressed or Implied Pursto ua 21.U. nt S.C. 524{ by a} operatio (2 n of)aw For Subject Property: 8060 Quallwood Drive; Jack sonville, FA.32256 WHEREAS, |, Edith Renfroe, being Grantor of thealleged Security Deed Instrume Promis Note so give ry notice of Discharge and nt the for any and all rights given to MERS, America’ Wholesale Lender (“AWL"},. s ME sueser sors, predecessors assign, agents or any of thelr interests may appear.. WHERon EA about.‘April 25, 2022 the United States Bankrupt or S, cy Court Distofri rida, entered 3 final order discharging debts, créditors’ claim for the Middle Floct by the trustee. s and affirming assets WHEREAS, this order, known as a discharge order, bars any debt or recover any assets covered creditors from attempting to collect by the order. See 11. U.S.C. par. 524(a){2). WHEREAS, this erder operates as an injun i ction against the commence of an action, the employmenof or cont me inua nt tion t Bpocess, or an act, to collect, recover or offset 3 personal liabilofity the any such debt. as Whether or not discharge of such debt is waived; Oper as an at injes unction against tfte commencement or continuati and employofme on of an actio n, the proc nt ess, OF an act, to collect or recover fram, or offse t against , proper oftythe CryH ry OR BK 20580 page 1750 i t WHEREAS, |, Edith Renfros, attach the order, encumbrances, Sahn aan norman nd alleged loans, debits, interests Zz, Edith 8000 Quailwood Drive Jacksonvi FL.lle 3225,6 Tel,: (904) 629-6342 CERTIFOF ICASERV TE ICE | HEREBY CERTIFY, theta true and correct copy has been furnished via U.S. Postal Service this_/0 7 day of February 2023 to the following: Robe Anschurt tz Schnel so d Crane nand Partners Attorney for Plaintiff 6409 Congre Avenue, Suite ss100 Boca Raton, Fi. 33487 Dated2/ aH Edith Renfroe, prose wn on fveey eA 171>L VERIFICATION _ Edith Renfree, pro se, under penalty of perjury, she has personal knovil of theed case ge and all ‘Stamade te areme true nt and corre sct. © Cobh py Edith Renfroe, prose STATE OF FLORIDA. COUNTY OF DUVAL Before me personally appeared EDITH RENFROE, to me well known or who has produced her Florida Driver's License as Identification,and known to me to be the individual described in foregoing Verification, and who has ‘executed same before me and acknowledtoged and me, under penalt of perjur yy, that‘the stat made em are en true andts correct. NE mand and offi cettis__l€)_ doy of ssary202; at County and State se eteerae na a oe i*e aloefaoe fes Notary "Seeeerecon A My Commission Expires: Personally Known ‘Type of Ped? On Lie cord Date: 2/13/2023 Book Type: OR - Official Records Book / Page: 20580/1749 Instrument Number: 2023028514 Number Of Pages: Doc Type: NOTICE - NOTICE Grantor: MR COOPER. NATIONSTAR MORTGAGE LLC Grantee: RENFROE EDITH Consideration: $0.00 CaseNumber: 16-2014-CA-GO6052-XXXX-MA F of AUK Pages: OR' BK 20580 - PAGE 1753 HNDBAOYAN LaPeta eis\=2 oye) Debtort Edith M. Renfroe [Securly numbaror nin, sooo FistNama UidtdeNeme - LastNaino Debtor2. FirstName MiddieName. . LastName ‘Secumtymanberor TiN ~--- (Spousa, i ing) N eee se United SuatesBaniouptGout cy ‘Middle District of Florida Case munber,. 3:20—bk~03074—JAF Order of Discharge 2A IT 1S ORDERED: A discharge under 14'U.S.C. § 727Is granted to: ~ Edith M. Renfroe fj ry A.Fun United Jankruptcy.J dge Explanation of Bankruptcy Discharge in-a Chapter 7 Case This order. does not close or dismiss the This ane doesnot prevent dettrs om ing and it dees not jletermine how much money, | ‘debt voluntarilyor fr any, the trustee will pay according to the re imation agreem USC. ooKG, (8. Creditors cannot collect discharged debts This order means that no one may make any any Most debts are attempt to collect a discharged. Most debts are covered by the discharge,but not debtors personal . For example, creditors all. Generally,a 8 removesthe debt cannot-sue, gamis!in sh wages,sseatt: as a deficiency, pereonal labitiy for de owed before the or otherwise debtors’ bankruptcy case was filed. personallyon on diecharaed dont debts. occas cannot contact the debtors by mail, phone, or otherwise Ale itthis case -under a.different was later cont Gredtors attempt io collect the debt | hors who violate this order can Be required to pay debtors damages and attomey's fees. chao’ debits owed before the eanversion However, a. Sracitor with'galien may enforce a. Ina case involvi communi properiy: Special ‘protest ce elai btors’ property subject-to.that flen unless the Ten was avoided or eliminated. For example, creditor may have the-rightto by the debtors spouse, even fot file 2 ban! ev if thatep joOuse foreciose.a home mortgage or repossess an automobile. For more information, see page 2> Official Form 378 Order of Discharge page 1 APPENDIX EXHIBIT “B” aeagus on Ags 20 aw gQrwu > Soo oN & = ao We we Q a ak m= oa aen % =o Ben aot Sos = ~S) ae s “S 0 TES a o- iM Pe aWw i ~~ 5 . or Foo au wk oOofNw O55 Alpe SHG oe 2 INTHE CIRCUIT COURT OF THE FOURTH SUDICIAL CIRCUIT IN AND FOR DUVAL COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NR.: 16-2014-CA-006052 NATIONSTAR MORTGAGE LLC Plaintiff ~- EDITH RENFROE Defendant ee ORDER GRANTING TION TO CANCEL AND DISCHARGE JUDGME! [Mot ewlet THIS CAUSE came on before me on ______Ortober 2023 on Deferidant’s Motion to Cancel and Discharge Judgment according to 11 U.S.C. 727, 11 U.S.C. 524(a){1){2) and Fla, Stat. R.C.P. Chapter 55.145 filed on October 28, 2023 and the Court having reviewed the Motion and the attached exhibits and has concluded that the Motion to Cancel and. Discharge Judgment is stating'a viable cause of action. itis hereby-Ordered-and Adjudged 1. Defendant's Request is-GRANZED; DX ZO. Matic ANTED-a totes B-and-D CH 2. Def DONE and-ORDERED this__/? day of _Aoper¢“2023. mm hihed i Judge presiding Copies to: McCalla Raymer Leibert Pierce Edith Renfroe Attomeys for Nationstar 8000 Quailwood Drive. 1320 Greenway Drive, Suite 780 Jacksonville, FI. 32256 Irving, Tx. 75038 ee IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT IN AND FOR DUVAL COUNTY, FLORIDA GENERAL JURISDICTION DIVISION Case Nr.: 16-2014-CA-006052 NATIONSTAR MORTGAGE LLC FILED d/b/a MR. COOPER Plaintiff, OCT 30 2023 -v- Duval County Clerk of Courts EDITH RENFROE Defendant, / DEFENDANT’S MOTION TO CANCEL AND DISCHARGE JUDGMENT Comes now, Defendant Edith Renfroe, pro se pursuant to Florida Statute 55, section 145 herewith is asking for cancellation and discharge of judgment and in support thereof shows: 1. On April 25, 2022 Renfroe received Discharge under 11 U.S.C. par. 727 EXH. A; 2. On September 12, 2023 Notice of Discharge was filed in circuit court including certified copy of Discharge and 11 U.S.C. Code 524 (a)(1)(2) “ Effect of Discharge “ EXH. B; 3. Florida Statute 55.145 :”Discharge of judgments in bankruptcy court the pursuant to the Act of Congress relating to bankruptcy... may petition court in which the ju it was dered for ORDER TO CANCEL AND has been DISCHARGE SUCH JUDGMENT ..if it appears .. that the .. debtor disch: d from the ent of the jud; t ....the order shall have the same d effect as a satisfaction of judgment and a certified copy thereof may be recorde in the same manner as a satisfaction of judgment. This section shall apply only to liens under judgments or obligation duly scheduled in the bankruptcy 1 IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT IN AND FOR DUVAL COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NR.: 16-2014-CA-006052 NATIONSTAR MORTGAGE LLC Plaintiff Vv EDITH RENFROE Defendant ORDER GRANTING MOTION TO CANCEL AND DISCHARGE JUDGMENT THIS CAUSE came on before me on October 2023 on Defendant’s Motion to Cancel and Discharge Judgment according to 11 U.S.C. 727, 11 U.S.C. 524(a)(1)(2) and Fla. Stat. R.C.P. Chapter 55.145 filed on October 28, 2023 and the Court having reviewed the Motion and the attached exhibits and has concluded that the Motion to Cancel and Discharge Judgment is stating a viable cause of action. It is hereby Ordered and Adjudged 1. Defendant’s Request is GRANTED; 2. Defendant’s Motion is GRANTED and the judgment is CANCELLED and DISCHARGED. DONE and ORDERED this day of 2023. Judge Presiding Copies to: McCalla Raymer Leibert Pierce Edith Renfroe Attorneys for Nationstar 8000 Quailwood Drive 1320 Greenway Drive, Suite 780 Jacksonville, Fl. 32256 Irving, Tx. 75038 proceedings, the court shall enter an order canceling and discharging said judgment...”; EXH. C; Florida Statutes are the codified statutory laws of the State of Florida; 4. Renfroe’s motion is legally proper , legally sufficient and the Court is required by law to review the Motion and judicially act on it. WHEREFORE, Defendant, Edith Renfroe, pro se, prays this Court to accordingly enter its Order to Cancel and Discharge Judgment. Respectfully su itted, Dated:/ weiftezz Ce. Edith Renfroe, pro se 8000 Quailwood Drive Jacksonville, Fl. 32256 (904) 629-6342 Erenfroe36@comcast.net CERTIFICATE OF SERVICE I HEREBY CERTIFY , that a true and correct copy of the foregoing has been furnished via U.S.Postal Service this TU_day of October 2023 to: The Honorable Chief Justice Lance Day Duval County Courthouse 501 West Admas Street Jacksonville, Fl. 32202-4608 McCalla Raymer Leibert Pierce Attorneys for Nationstar 1320 Greenway Drive, Suite 789 Irving, Tx. 75038 Cafe, Jone pon ? 10/0/2023 EXHIBIT A (iraenenee Rome leveyaiN ara :i ‘SociatSocurtty mumberorTTIN x00K-2X-5593 ‘ Debtor4 Edith M. Renfroe EN _>----—— Socal Securty muiber orTTIN ____ FinstNama MiddeName LastName Debtor2. FirstName Middle Neme Last Name EN _7_————- e,g) IF flin (Spous ict of Florida ‘United States Bankruptey Court Middle Dist cosemmber 3:20-bk-03074-JAF 1415 Order of Dis charge cS <= gratedto: am ao = seo oe 2 TTISOR - Adischa roe 727 is Edith M. Renfroe i ecertify the going to be teue Q) and conec of the original. CLERK OF meas socart eny A Giz 1dge Dated: April 25.2022 nited ou nirupicy Case an at io n of Ba nk ru pt cy Discharge ina Chapter7 Ex pl paying event debtors from This ord r cl loseor dismthe s not doee is mon se, cas ey, if This order does not pror any debt voluntarily the paying ret § 1U. se e how muc h and It does not any,the ‘will pay cred itor s. jebis .S. a0 (f). scharged debts : Creditors cannot collectdi Most debts are discharge discharge, but not make any s ar ecov ere d by This order means that no one it from the de bt remov thees debtors’ attempt to collect a dis charged all. Generally, a discharge ed be fo re th e exa mpl e, debtors personally. For deficiency, tc case ways: cannot sue, mish wages, ‘bankrup m the deb tors or otherwise to colle dfro