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Filing # 92348604 E-Filed 07/10/2019 04:00:41 PM
IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT
IN AND FOR LEON COUNTY, FLORIDA
Navy Federal Credit Union GENERAL JURISDICTION DIVISION
Plaintiff, Case No. 2018 CA 001978
vs.
Norman LaMere III; Patricia LaMere; Crescent Hills
Homeowners Association, Inc.; Tharpe Street
Holdings, Inc.
Defendants.
/
PLAINTIFF’S MOTION TO RESET FORECLOSURE SALE
Plaintiff, Navy Federal Credit Union, by and through its undersigned counsel, hereby
files this Motion to Reset Foreclosure Sale and in support thereof states as follows:
1 On February 11, 2019, this Court entered a Final Judgment of Foreclosure
pursuant to which a foreclosure sale was scheduled for February 11, 2019.
2. Said sale was cancelled because Defendant, Norman LaMere and Patricia
LaMere, filed for bankruptcy relief.
3 The automatic stay no longer applies because the debtor has been discharged and
the automatic stay has lifted by operation of 11 U.S.C. §362(c)(2)(C). See Discharge Order
attached hereto as EXHIBIT “A”.
4. Plaintiff is ready to proceed with the foreclosure sale at this time and requests that
the sale be reset.
WHEREFORE, Plaintiff prays that this Court will enter an order resetting the foreclosure
sale, and such other and further relief as this Court deems just and proper.
I HEREBY CERTIFY that a true and correct copy hereof was served electronically or via
U.S. Mail on July 10 , 2019 to all persons shown on the following
service list.
i
2160
wie I ii
018 CA0 978 18-
i
BROCK & SCOTT, PLLC
Attorney for Plaintiff
2001 NW 64th St, Suite 130
Ft. Lauderdale, FL 33309
Phone: (954) 618-6955, ext. 6108
Fax: (954) 618-6954
FELCourtDocs@brockandscott.com
pylemetppe Cataudetla
Giuseppe Cataudella, Esq.
Florida Bar No. 88976
SERVICE LIST
The following persons were served by e-mail:
Crescent Hills Homeowners Association, Inc.
c/o David J. Fredericks, Esq
1689 Mahan Center Blvd., Suite B
Tallahassee, FL 32317
DF redericks@andersongivens.com; collections@andersongivens.com
The following persons were served by U.S. mail:
Tharpe Street Holdings, Inc.
c/o Behzad Ghazvini, Registered Agent
4708 Capital Circle NW
Tallahassee, FL 32303
Norman LaMere
5340 Falling Star Rd
Tallahassee, FL 32303
Patricia LaMere
5340 Falling Star Rd
Tallahassee, FL 32303
Case No. 2018 CA 001978 File # 18-F02160
Case 19-40127-KKS Doc 23 Filed 06/17/19 Page 1 of 2
) oyu CoML l=: Bs
Debtor 1 Norman W. LaMere Ill Social Security number or ITIN xxx-xx (i
FirstName Middle Name Last Name EIN — a
Debtor 2 Patricia B. LaMere Social Security number or ITIN xxx—xx
(Spouse, if filing) First Name Middle Name Last Name EIN
United States Bankruptcy Court Northern District of Florida
Case number: 19-40127-KKS
Order of Discharge 125
IT IS ORDERED: A discharge under 11 U.S.C. § 727 is granted to:
Norman W. LaMere III Patricia B. LaMere
aka Patricia B Davis aka Patricia B Davis
By the court:
SA7H9 United States FE nkruptey Judge
Explanation of Bankruptcy Discharge in a Chapter 7 Case
This order does not close or dismiss the case, This order does not prevent debtors from paying
and it does not determine how much money, if any debt voluntarily or from paying reaffirmed
any, the trustee will pay creditors. debts according to the reaffirmation agreement.
11 U.S.C. § 524(c), (f).
Creditors cannot collect discharged debts
This order means that no one may make any Most debts are discharged
attempt to collect a discharged debt from the Most debts are covered by the discharge, but not
debtors personally. For example, creditors all. Generally, a discharge removes the debtors’
cannot sue, garnish wages, assert a deficiency, personal liability for debts owed before the
or otherwise try to collect from the debtors debtors' bankruptcy case was filed.
personally on discharged debts. Creditors cannot
contact the debtors by mail, phone, or otherwise Also, if this case began under a different chapter
in any attempt to collect the debt personally. of the Bankruptcy Code and was later converted
Creditors who violate this order can be required to chapter 7, debts owed before the conversion
to pay debtors damages and attorney's fees. are discharged.
However, a creditor with a lien may enforce a In a case involving community property: Special
claim against the debtors' property subject to that rules protect certain community roperty owned
lien unless the lien was avoided or eliminated. by the debtor's spouse, even if that spouse did
For example, a creditor may have the right to not file a bankruptcy case.
foreclose a home mortgage or repossess an
automobile.
For more information, see page 2 >
Official Form 318 Order of Discharge page 1
Case 19-40127-KKS Doc 23 Filed 06/17/19 Page 2 of 2
Some debts are not discharged Also, debts covered by a valid reaffirmation
Examples of debts that are not discharged are: agreement are not discharged.
¢ debts that are domestic support In addition, this discharge does not stop
obligations; creditors from collecting from anyone else who is
also liable on the debt, such as an insurance
company or a person who cosigned or
@ debts for most student loans; guaranteed a loan.
¢ debts for most taxes;
This information is only a general summary
¢ debts that the bankruptcy court has of the bankruptcy discharge; some
decided or will decide are not discharged exceptions exist. Because the law is
in this bankruptcy case; complicated, you should consult an
attorney to determine the exact effect of the
discharge in this case.
¢ debts for most fines, penalties,
forfeitures, or criminal restitution
obligations;
# some debts which the debtors did not
properly list;
¢ debts for certain types of loans owed to
pension, profit sharing, stock bonus, or
retirement plans; and
¢ debts for death or personal injury caused
by operating a vehicle while intoxicated.
Official Form 318 Order of Discharge page 2
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Filing # 92348604 E-Filed 07/10/2019 04:00:41 PM IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA Navy Federal Credit Union GENERAL JURISDICTION DIVISION Plaintiff, Case No. 2018 CA 001978 vs. Norman LaMere III; Patricia LaMere; Crescent Hills Homeowners Association, Inc.; Tharpe Street Holdings, Inc. Defendants. / PLAINTIFF’S MOTION TO RESET FORECLOSURE SALE Plaintiff, Navy Federal Credit Union, by and through its undersigned counsel, hereby files this Motion to Reset Foreclosure Sale and in support thereof states as follows: 1 On February 11, 2019, this Court entered a Final Judgment of Foreclosure pursuant to which a foreclosure sale was scheduled for February 11, 2019. 2. Said sale was cancelled because Defendant, Norman LaMere and Patricia LaMere, filed for bankruptcy relief. 3 The automatic stay no longer applies because the debtor has been discharged and the automatic stay has lifted by operation of 11 U.S.C. §362(c)(2)(C). See Discharge Order attached hereto as EXHIBIT “A”. 4. Plaintiff is ready to proceed with the foreclosure sale at this time and requests that the sale be reset. WHEREFORE, Plaintiff prays that this Court will enter an order resetting the foreclosure sale, and such other and further relief as this Court deems just and proper. I HEREBY CERTIFY that a true and correct copy hereof was served electronically or via U.S. Mail on July 10 , 2019 to all persons shown on the following service list. i 2160 wie I ii 018 CA0 978 18- i BROCK & SCOTT, PLLC Attorney for Plaintiff 2001 NW 64th St, Suite 130 Ft. Lauderdale, FL 33309 Phone: (954) 618-6955, ext. 6108 Fax: (954) 618-6954 FELCourtDocs@brockandscott.com pylemetppe Cataudetla Giuseppe Cataudella, Esq. Florida Bar No. 88976 SERVICE LIST The following persons were served by e-mail: Crescent Hills Homeowners Association, Inc. c/o David J. Fredericks, Esq 1689 Mahan Center Blvd., Suite B Tallahassee, FL 32317 DF redericks@andersongivens.com; collections@andersongivens.com The following persons were served by U.S. mail: Tharpe Street Holdings, Inc. c/o Behzad Ghazvini, Registered Agent 4708 Capital Circle NW Tallahassee, FL 32303 Norman LaMere 5340 Falling Star Rd Tallahassee, FL 32303 Patricia LaMere 5340 Falling Star Rd Tallahassee, FL 32303 Case No. 2018 CA 001978 File # 18-F02160 Case 19-40127-KKS Doc 23 Filed 06/17/19 Page 1 of 2 ) oyu CoML l=: Bs Debtor 1 Norman W. LaMere Ill Social Security number or ITIN xxx-xx (i FirstName Middle Name Last Name EIN — a Debtor 2 Patricia B. LaMere Social Security number or ITIN xxx—xx (Spouse, if filing) First Name Middle Name Last Name EIN United States Bankruptcy Court Northern District of Florida Case number: 19-40127-KKS Order of Discharge 125 IT IS ORDERED: A discharge under 11 U.S.C. § 727 is granted to: Norman W. LaMere III Patricia B. LaMere aka Patricia B Davis aka Patricia B Davis By the court: SA7H9 United States FE nkruptey Judge Explanation of Bankruptcy Discharge in a Chapter 7 Case This order does not close or dismiss the case, This order does not prevent debtors from paying and it does not determine how much money, if any debt voluntarily or from paying reaffirmed any, the trustee will pay creditors. debts according to the reaffirmation agreement. 11 U.S.C. § 524(c), (f). Creditors cannot collect discharged debts This order means that no one may make any Most debts are discharged attempt to collect a discharged debt from the Most debts are covered by the discharge, but not debtors personally. For example, creditors all. Generally, a discharge removes the debtors’ cannot sue, garnish wages, assert a deficiency, personal liability for debts owed before the or otherwise try to collect from the debtors debtors' bankruptcy case was filed. personally on discharged debts. Creditors cannot contact the debtors by mail, phone, or otherwise Also, if this case began under a different chapter in any attempt to collect the debt personally. of the Bankruptcy Code and was later converted Creditors who violate this order can be required to chapter 7, debts owed before the conversion to pay debtors damages and attorney's fees. are discharged. However, a creditor with a lien may enforce a In a case involving community property: Special claim against the debtors' property subject to that rules protect certain community roperty owned lien unless the lien was avoided or eliminated. by the debtor's spouse, even if that spouse did For example, a creditor may have the right to not file a bankruptcy case. foreclose a home mortgage or repossess an automobile. For more information, see page 2 > Official Form 318 Order of Discharge page 1 Case 19-40127-KKS Doc 23 Filed 06/17/19 Page 2 of 2 Some debts are not discharged Also, debts covered by a valid reaffirmation Examples of debts that are not discharged are: agreement are not discharged. ¢ debts that are domestic support In addition, this discharge does not stop obligations; creditors from collecting from anyone else who is also liable on the debt, such as an insurance company or a person who cosigned or @ debts for most student loans; guaranteed a loan. ¢ debts for most taxes; This information is only a general summary ¢ debts that the bankruptcy court has of the bankruptcy discharge; some decided or will decide are not discharged exceptions exist. Because the law is in this bankruptcy case; complicated, you should consult an attorney to determine the exact effect of the discharge in this case. ¢ debts for most fines, penalties, forfeitures, or criminal restitution obligations; # some debts which the debtors did not properly list; ¢ debts for certain types of loans owed to pension, profit sharing, stock bonus, or retirement plans; and ¢ debts for death or personal injury caused by operating a vehicle while intoxicated. Official Form 318 Order of Discharge page 2