On October 22, 2019 a
Motion,Ex Parte
was filed
involving a dispute between
The Farmers National Bank Of D,
and
Hyde, Vicki Delyse,
Jane Doe,
John Doe,
Joshua Lane Moses The Duly App,
for Circuit Civil 3-C
in the District Court of Marion County.
Preview
Filing # 144757106 E-Filed 02/28/2022 04:44:01 PM
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL
CIRCUIT IN AND FOR MARION COUNTY, FLORIDA
THE FARMERS NATIONAL BANK OF DANVILLE, a
National Banking Association,
CIVIL DIVISION
CASE NO. 19-CA-2336
Plaintiff,
VS.
VICKI DELYS HYDE; and JOHN DOE and JANE DOE,
unknown parties in possession,
Defendants.
/
MOTION TO CANCEL AND RESCHEDULE FORECLOSURE SALE
Plaintiff, THE FARMERS NATIONAL BANK OF DANVILLE, a National Banking
Association, respectfully requests that the Court reschedule the foreclosure sale previously set in
this and action and states as follows:
1. On January 27, 2022, a Final Judgment of Foreclosure was entered in this action
pursuant to which a foreclosure sale was scheduled for March 3, 2022.
Plaintiff has realized that due to a scrivener’s error, the Notice of Sale for the above
referenced sale listed the wrong online address, announcing that the electronic sale
would take place at www.marionforeclose.com instead of
www.marion.realforeclose.com. Due to this, a new Notice of Sale will have to be
published.
Section 45.031(2) Florida Statutes, requires that Notice of Foreclosure Sale
published once a week for two (2) consecutive weeks in a newspaper of general
circulation, with the second publication being not less than five (5) days before the
r
sale.
4. Plaintiff will be unable to publish the new Notice of Sale so the second publication
will take place at least five (5) days before the Sale.
5. The currently scheduled foreclosure sale needs to be cancelled and rescheduled in
order to comply with Notice requirements.
WHEREFORE, Plaintiff respectfully requests that the county scheduled foreclosure sale
be cancelled and rescheduled to allow proper publication of Notice.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via
reg .S. Mail or/or email through e-portal filing, on this day of
SPLEPY, 2022 to:
JOSHUA LANE MOSES, Esq., Richard and Moses, LLC, 808 E Fort King Street, Ocala,
FL 34471, e-mail: josh@rmprobate.com, Administrator Ad Litem for the Estate of Vicki Delys
TQ
Hyde - 4
Austin T. Dailey, Esq.
Florida Bar No.: 1011626
KLEIN & KLEIN, LLC
40 SE 11" Avenue
Ocala, FL 34471
Phone: (352) 732-7750
ustin @kleinandkleinpa.com
Attorney for Plaintiff
Document Filed Date
February 28, 2022
Case Filing Date
October 22, 2019
Category
Circuit Civil 3-C
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
Filing # 144757106 E-Filed 02/28/2022 04:44:01 PM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR MARION COUNTY, FLORIDA THE FARMERS NATIONAL BANK OF DANVILLE, a National Banking Association, CIVIL DIVISION CASE NO. 19-CA-2336 Plaintiff, VS. VICKI DELYS HYDE; and JOHN DOE and JANE DOE, unknown parties in possession, Defendants. / MOTION TO CANCEL AND RESCHEDULE FORECLOSURE SALE Plaintiff, THE FARMERS NATIONAL BANK OF DANVILLE, a National Banking Association, respectfully requests that the Court reschedule the foreclosure sale previously set in this and action and states as follows: 1. On January 27, 2022, a Final Judgment of Foreclosure was entered in this action pursuant to which a foreclosure sale was scheduled for March 3, 2022. Plaintiff has realized that due to a scrivener’s error, the Notice of Sale for the above referenced sale listed the wrong online address, announcing that the electronic sale would take place at www.marionforeclose.com instead of www.marion.realforeclose.com. Due to this, a new Notice of Sale will have to be published. Section 45.031(2) Florida Statutes, requires that Notice of Foreclosure Sale published once a week for two (2) consecutive weeks in a newspaper of general circulation, with the second publication being not less than five (5) days before the r sale. 4. Plaintiff will be unable to publish the new Notice of Sale so the second publication will take place at least five (5) days before the Sale. 5. The currently scheduled foreclosure sale needs to be cancelled and rescheduled in order to comply with Notice requirements. WHEREFORE, Plaintiff respectfully requests that the county scheduled foreclosure sale be cancelled and rescheduled to allow proper publication of Notice. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via reg .S. Mail or/or email through e-portal filing, on this day of SPLEPY, 2022 to: JOSHUA LANE MOSES, Esq., Richard and Moses, LLC, 808 E Fort King Street, Ocala, FL 34471, e-mail: josh@rmprobate.com, Administrator Ad Litem for the Estate of Vicki Delys TQ Hyde - 4 Austin T. Dailey, Esq. Florida Bar No.: 1011626 KLEIN & KLEIN, LLC 40 SE 11" Avenue Ocala, FL 34471 Phone: (352) 732-7750 ustin @kleinandkleinpa.com Attorney for Plaintiff