Preview
Filing # 184974005 E-Filed 10/27/2023 05:58:55 PM
IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT
IN AND FOR SAINT LUCIE COUNTY, FLORIDA
CIVIL DIVISION
Nationstar Mortgage LLC d/b/a Mr. Cooper Case #: 2022CA001118
Plaintiff,
-vs.-
Rebeca Ruiz; et al.
Defendant(s).
MOTION TO CANCEL SALE, DISMISS ACTION, DISCHARGE LIS PENDENS,
VACATE JUDGMENT, AND RETURN THE ORIGINAL NOTE AND ORIGINAL
MORTGAGE
Plaintiff, Nationstar Mortgage LLC d/b/a Mr. Cooper, by and through its undersigned
counsel, hereby moves this Honorable Court, pursuant to Fla.R.Civ.P. 1.540(b), for the entry of
an order vacating the Final Judgment of Foreclosure entered in this action, canceling the Clerk’s
sale set for December 5, 2023, directing the Clerk of the Court to return the Original Note and
Original Mortgage filed in this cause, discharging the Lis Pendens, and dismissing this action,
and in support thereof states as follows:
1. Final Judgment of Foreclosure (“Final Judgment”) was entered in this action in
favor of the Plaintiff on July 11, 2023. The Clerk’s foreclosure sale is scheduled to take place on
December 5, 2023.
2. Prior to the entry of Final Judgment, the Plaintiff filed with the court the Original
Note and Original Mortgage.
3. At the time of the filing of this action, the Plaintiff recorded a Lis Pendens against
the following described property:
LOT 1, BLOCK 3117, PORT ST. LUCIE SECTION FORTY-FOUR, ACCORDING TO
THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 16, PAGE(S) 23, PUBLIC
RECORDS OF ST. LUCIE COUNTY, FLORIDA.
4. Between the time the court entered the Final Judgment and the date of the filing
of this motion, the Plaintiff has decided to no longer prosecute this action at this time, thereby no
longer making it necessary for the clerk to sell the borrower’s property at a foreclosure sale.
5. Based on the foregoing, the Plaintiff seeks relief under Fla.R.Civ. P. 1.540(b)(5)
which provides that the court may relieve a party from a final judgment if it no longer equitable
that the judgment should have prospective application. (Emphasis added.). Therefore, it would
not be equitable to have the Final Judgment remain in effect any longer.
6. To reflect the parties’ resolution of their dispute, the court should vacate the Final
Judgment, cancel the Clerk’s sale set for December 5, 2023, direct the Clerk of the Court to return
the Original Note and Original Mortgage filed in this cause, discharge the Lis Pendens and
thereafter dismiss this action.
7. Additionally, Plaintiff requests that, in the event the Court or Clerk may have
stamped “cancelled” or the like on the original Note and/or the original Mortgage –based upon the
foreclosure judgment that is now [vacated or reversed] – that the return order also state that the
original Note and Mortgage are, nunc pro tunc, declared reinstated and uncancelled, as if they
bore no such stamp.
8. Plaintiff requests that the court’s order direct that, in the event such a stamp is on
the original Note and/or Mortgage, a certified copy of this order may be used at any foreclosure
trial involving the subject original Note and Mortgage as evidence of the continued validity of the
original Note and Mortgage.
9. Plaintiff requests that the court’s order direct that the original Note and Mortgage
be returned to the Plaintiff so that Plaintiff is able to properly cancel the loan documents, if
necessary.
10. No party in interest will be prejudiced by the relief sought herein.
WHEREFORE, Plaintiff, Nationstar Mortgage LLC d/b/a Mr. Cooper, respectfully
requests this court enter an order vacating Final Judgment of Foreclosure entered in this action,
canceling the Clerks sale date set for December 5, 2023, directing the Clerk of the Court to
return the Original Note and Original Mortgage filed in this cause, discharging the Lis Pendens,
dismissing the action, and provide for any other relief that this court deems just and appropriate.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
by U.S. Mail and/or email service if an email address is so listed below on this 26th day of
October 2023 to the following:
Rebeca Ruiz, 6140 Nw Hopkins Ave, Port Saint Lucie, FL 34986
Nerina Rodriguez, LAST KNOWN ADDRESS: 6140 NORTHWEST HOPKINS AVENUE,
Port Saint Lucie, FL 34986
Unknown Spouse of Nerina Rodriguez, LAST KNOWN ADDRESS: 6140 NORTHWEST
HOPKINS AVENUE, Port Saint Lucie, FL 34986
Unknown Parties in Possession #1 n/k/a Edwin Ruiz, 6140 Nw Hopkins Ave, Port Saint Lucie,
FL 34986
Unknown Parties in Possession #2 n/k/a Ismael Ruiz, 6140 Nw Hopkins Ave, Port Saint Lucie,
FL 34986
Rebeca Ruiz, rvruiz27@icloud.com
*Pursuant to Fla. R. Jud. Admin. 2.516(b)(1)(A), Plaintiff’s counsel
hereby designates its primary email address for the purposes of
email service as: FLeService@logs.com*
LOGS LEGAL GROUP LLP
Attorneys for Plaintiff
2424 North Federal Highway, Suite 360
Boca Raton, Florida 33431
Telephone: (561) 998-6700 Ext. 66821
Fax: (561) 998-6707
For Email Service Only: FLeService@logs.com
For all other inquiries: jhooper@logs.com
By: /s/ Amanda Friedlander, Esq.
Amanda Friedlander, Esq.
FL Bar # 72876
Pursuant to the Fair Debt Collection Practices Act, you are advised that this office may be
deemed a debt collector and any information obtained may be used for that purpose.
22-326848 FC01 CXP
Preview
Filing # 184974005 E-Filed 10/27/2023 05:58:55 PM IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR SAINT LUCIE COUNTY, FLORIDA CIVIL DIVISION Nationstar Mortgage LLC d/b/a Mr. Cooper Case #: 2022CA001118 Plaintiff, -vs.- Rebeca Ruiz; et al. Defendant(s). MOTION TO CANCEL SALE, DISMISS ACTION, DISCHARGE LIS PENDENS, VACATE JUDGMENT, AND RETURN THE ORIGINAL NOTE AND ORIGINAL MORTGAGE Plaintiff, Nationstar Mortgage LLC d/b/a Mr. Cooper, by and through its undersigned counsel, hereby moves this Honorable Court, pursuant to Fla.R.Civ.P. 1.540(b), for the entry of an order vacating the Final Judgment of Foreclosure entered in this action, canceling the Clerk’s sale set for December 5, 2023, directing the Clerk of the Court to return the Original Note and Original Mortgage filed in this cause, discharging the Lis Pendens, and dismissing this action, and in support thereof states as follows: 1. Final Judgment of Foreclosure (“Final Judgment”) was entered in this action in favor of the Plaintiff on July 11, 2023. The Clerk’s foreclosure sale is scheduled to take place on December 5, 2023. 2. Prior to the entry of Final Judgment, the Plaintiff filed with the court the Original Note and Original Mortgage. 3. At the time of the filing of this action, the Plaintiff recorded a Lis Pendens against the following described property: LOT 1, BLOCK 3117, PORT ST. LUCIE SECTION FORTY-FOUR, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 16, PAGE(S) 23, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. 4. Between the time the court entered the Final Judgment and the date of the filing of this motion, the Plaintiff has decided to no longer prosecute this action at this time, thereby no longer making it necessary for the clerk to sell the borrower’s property at a foreclosure sale. 5. Based on the foregoing, the Plaintiff seeks relief under Fla.R.Civ. P. 1.540(b)(5) which provides that the court may relieve a party from a final judgment if it no longer equitable that the judgment should have prospective application. (Emphasis added.). Therefore, it would not be equitable to have the Final Judgment remain in effect any longer. 6. To reflect the parties’ resolution of their dispute, the court should vacate the Final Judgment, cancel the Clerk’s sale set for December 5, 2023, direct the Clerk of the Court to return the Original Note and Original Mortgage filed in this cause, discharge the Lis Pendens and thereafter dismiss this action. 7. Additionally, Plaintiff requests that, in the event the Court or Clerk may have stamped “cancelled” or the like on the original Note and/or the original Mortgage –based upon the foreclosure judgment that is now [vacated or reversed] – that the return order also state that the original Note and Mortgage are, nunc pro tunc, declared reinstated and uncancelled, as if they bore no such stamp. 8. Plaintiff requests that the court’s order direct that, in the event such a stamp is on the original Note and/or Mortgage, a certified copy of this order may be used at any foreclosure trial involving the subject original Note and Mortgage as evidence of the continued validity of the original Note and Mortgage. 9. Plaintiff requests that the court’s order direct that the original Note and Mortgage be returned to the Plaintiff so that Plaintiff is able to properly cancel the loan documents, if necessary. 10. No party in interest will be prejudiced by the relief sought herein. WHEREFORE, Plaintiff, Nationstar Mortgage LLC d/b/a Mr. Cooper, respectfully requests this court enter an order vacating Final Judgment of Foreclosure entered in this action, canceling the Clerks sale date set for December 5, 2023, directing the Clerk of the Court to return the Original Note and Original Mortgage filed in this cause, discharging the Lis Pendens, dismissing the action, and provide for any other relief that this court deems just and appropriate. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail and/or email service if an email address is so listed below on this 26th day of October 2023 to the following: Rebeca Ruiz, 6140 Nw Hopkins Ave, Port Saint Lucie, FL 34986 Nerina Rodriguez, LAST KNOWN ADDRESS: 6140 NORTHWEST HOPKINS AVENUE, Port Saint Lucie, FL 34986 Unknown Spouse of Nerina Rodriguez, LAST KNOWN ADDRESS: 6140 NORTHWEST HOPKINS AVENUE, Port Saint Lucie, FL 34986 Unknown Parties in Possession #1 n/k/a Edwin Ruiz, 6140 Nw Hopkins Ave, Port Saint Lucie, FL 34986 Unknown Parties in Possession #2 n/k/a Ismael Ruiz, 6140 Nw Hopkins Ave, Port Saint Lucie, FL 34986 Rebeca Ruiz, rvruiz27@icloud.com *Pursuant to Fla. R. Jud. Admin. 2.516(b)(1)(A), Plaintiff’s counsel hereby designates its primary email address for the purposes of email service as: FLeService@logs.com* LOGS LEGAL GROUP LLP Attorneys for Plaintiff 2424 North Federal Highway, Suite 360 Boca Raton, Florida 33431 Telephone: (561) 998-6700 Ext. 66821 Fax: (561) 998-6707 For Email Service Only: FLeService@logs.com For all other inquiries: jhooper@logs.com By: /s/ Amanda Friedlander, Esq. Amanda Friedlander, Esq. FL Bar # 72876 Pursuant to the Fair Debt Collection Practices Act, you are advised that this office may be deemed a debt collector and any information obtained may be used for that purpose. 22-326848 FC01 CXP