Motion,Ex Parte: U.S. Bank Trust, N.A. vs Kozel, Charles C.

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                                Filing # 141568995 E-Filed 01/07/2022 12:52:29 PM


                IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR
                                  HILLSBOROUGH COUNTY, FLORIDA

              U.S. BANK TRUST N.A., AS TRUSTEE                 CASE NO.: 19-CA-011544
              FOR LSF10 MASTER PARTICIPATION
              TRUST,
              Plaintiff,

              VS.

              CHARLES C. KOZEL; et al.
              Defendant(s).
              _________________________________/

               PLAINTIFF’S MOTION TO VACATE FINAL JUDGMENT OF FORECLOSURE,
             DISMISS CASE WITHOUT PREJUDICE, DISCHARGE LIS PENDENS AND RETURN
                                 ORIGINAL LOAN DOCUMENTS

                    COMES NOW, Plaintiff, U.S. BANK TRUST N.A., AS TRUSTEE FOR LSF10

             MASTER PARTICIPATION TRUST, by and through its undersigned counsel, hereby files this

             Motion to Vacate Final Judgment, Dismiss Case Without Prejudice, Discharge Lis Pendens and

             Return Original Loan Documents, and as grounds states as follows:

                1. The above referenced matter is a foreclosure action seeking to foreclose a mortgage on real

                    property located in Hillsborough County, Florida. The legal description of the subject

                    property is as follows:

                    THE EAST 125 FEET OF THE WEST 818 FEET OF THE SOUTH 100 FEET OF
                    THE NORTH 730 FEET OF GOVERMENT LOT 2, SECTION 19, TOWNSHIP 30
                    SOUTH, RANGE 20 EAST, HILLSBOROUGH COUNTY, FLORIDA, TOGETHER
                    WITH ACCESS TO THE RIVER BY WEST 23 FEET OF THE EAST 163 FEET OF
                    THE WEST 523 FEET OF GOVERMENT LOT 2, SECTION 19,
                    TOWNSHIP 30 SOUTH, RANGE 20 EAST, LESS THE NORTH 2021.8 FEET
                    THEREOF
                    Property Address: 8816 ASHMAN ROAD, RIVERVIEW, FL 33578

                2. Florida Rules of Civil Procedure 1.540(b)(5) provides that the court may relieve a party

                    from final judgment when “it is no longer equitable that the judgment should have

                    prospective application.:


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                3. Final Judgment of Foreclosure was entered against the Defendants in this action on

                      September 21, 2021.

                4. On June 14, 2021, Plaintiff filed the original Note and Mortgage with the Clerk of the

                      Court.

                5. Subsequent to entry of the Final Judgment, Defendants successfully reinstated the loan.

                6. In light of the above, equity demands that the final judgment no longer have prospective

                      application against the Defendant(s).


                      WHEREFORE, Plaintiff, respectfully requests that this Honorable Court grant the

             foregoing Motion vacating the Final Judgment previously entered, dismissing the foregoing case

             without prejudice, discharging the Lis Pendens, and directing the Clerk of the Court to return the

             original documents to undersigned counsel, together with any such further relief this court deems

             just and appropriate.

                                                CERTIFICATE OF SERVICE

                I HEREBY CERTIFY that a true and correct copy of the foregoing was provided via E-Mail
             or Regular U.S. Mail to the parties listed on the service list on this _____ day of _______________,
             20___.

                                                              ALDRIDGE PITE, LLP
                                                              Attorney for Plaintiff
                                                              1615 South Congress Avenue
                                                              Suite 200
                                                              Delray Beach, FL 33445
                                                              Telephone: 561-392-6391
                                                              Facsimile: 561-392-6965
                                                                                   Digitally signed by
                                                                                   Zachary Ullman
                                                                                   Date: 2022-01-07
                                                              By:                  12:02:20
                                                              FBN:
                                                              Primary E-Mail: ServiceMail@aldridgepite.com



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             Service List:

             By U.S. Mail:

             Charles C. Kozel
             8816 Ashman Road
             Riverview, FL 33578




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