On June 15, 2023 a
Motion,Ex Parte
was filed
involving a dispute between
Wilmington Savings Fund Society,
and
Bank Of America,
Cypress Reach At Palm Aire One Condominium,
Quer, Alicia Gimenez De,
Quer, Carlos J,
Unknown Spouse Of Carlos J Quer,
Unknown Tenant No 1,
Unknown Tenant No 2,
for Real Prop NonHomestead Res Fore>$50K - <$250K
in the District Court of Broward County.
Preview
Filing# 195109482 E-Filed 03/29/2024 02:46:02 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTH
JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY,
FLORIDA.
CIVIL DIVISION
CASE NO. CACE-23-014677
WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN
ITS INDIVIDUAL CAPACITY, BUT SOLELY AS
OWNER TRUSTEE OF CSMC 2019-RPL5 TRUST,
Plaintiff,
VS.
CARLOS J. QUER; CYPRESS REACH AT PALM-AIRE
ONE CONDOMINIUM ASSOCIATION, INC.;
UNKNOWN SPOUSE OF CARLOS J. QUER; BANK OF
AMERICA, N.A.; ALICIA GIMENEZ DE QUER;
UNKNOWN TENANT NO. 1; UNKNOWN TENANT NO.
2; and ALL UNKNOWN PARTIES CLAIMING
INTERESTS BY, THROUGH, UNDER OR AGAINST A
NAMED DEFENDANT TO THIS ACTION, OR HAVING
OR CLAIMING TO HAVE ANY RIGHT, TITLE OR
INTEREST IN THE PROPERTY HEREIN DESCRIBED,
Defendant(s).
PLAINTIFF'S MOTION TO RETURN ORIGINAL DOCUMENTS
AND DISMISS SUIT WITH PREJUDICE
The Plaintiff,WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN ITS INDIVIDUAL CAPACITY,
BUT SOLELY AS OWNER TRUSTEE OF CSMC 2019-RPL5 TRUST, by and through its undersigned attorneys,
pursuant to Rule 1.540(b), appears before this Honorable Court and would show that the partieshave reached an
amicable settlement in this suit.
WHEREFORE, Plaintiff moves as follows:
1. That this Court dismiss this action with prejudice and cancel the Notice of Lis Pendens of record.
2. That this Court direct the Clerk of the Circuit Court to remove the OriginalPromissory Note and Copy of
Mortgage from the Court file and return same to Plaintiffs attorney.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoinghas been furnished by regularU.S. Mail,
Facsimile, or electronic mail this 29th of March 2024 to all partieson the attached service list.All parties
for whom an e-mail address has not been designated or a mailing address is not available are hereby notified that a
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/29/2024 02:46:01 PM.****
copy of the served document may be obtained, on request, from the clerk of the court or from the party servingthe
document
By: /s/ Gregg R. Dreilinger
Gregg R. Dreilinger
Florida Bar No.: 25615
Roy Diaz, Attorney of Record
Florida Bar No. 767700
Diaz Anselmo & Associates, RA.
Attorneys for Plaintiff
499 NW70th Ave., Suite 309
Fort Lauderdale, FL 33317
Telephone: (954) 564-0071
Facsimile: (954) 564-9252
Service E-mail:
1460-192231 / KB2
SERVICE LIST
Case No. CACE-23-014677
UNKNOWN TENANT NO. 1
CYPRESS REACH CT 206
4191
POMPANO BEACH, FL 33069
UNKNOWN TENANT NO. 2
CYPRESS REACH CT 206
4191
POMPANO BEACH, FL 33069
BRUCE BOTSFORD
ATTORNEY FOR ALICIA GIMENEZ DE QUER
2524 FLAMINGO LANE
FT. LAUDERDALE, FL 33313
EMAIL ADDRESS: PARALEGAL@BOTSFORDLEGAL.COM
BRUCE BOTSFORD
ATTORNEY FOR CARLOS J. QUER
2524 FLAMINGO LANE
FT.LAUDERDALE, FL 33313
EMAIL ADDRESS: PARALEGAL@BOTSFORDLEGAL.COM
UNKNOWN SPOUSE OF CARLOS J. QUER N/K/A DAISY QUER
CYPRESS REACH CT 206
4191
POMPANO BEACH, FL 33069
BANK OF AMERICA, N.A.
C/O C. T. CORPORATION, R.A.
1200 S. PINE ISLAND RD
PLANTATION, FL 33324
CAROLYN C. MEADOWS
ATTORNEY FOR CYPRESS REACH AT PALM-AIRE ONE CONDOMINIUM ASSOCIATION, INC.
1 EAST BROWARD BLVD., SUITE 1700
FORT LAUDERDALE, FL 33301
EMAIL ADDRESS: COFOSERVICEMAIL@BECKERLAWYERS.COM
Category
Real Prop NonHomestead Res Fore>$50K - <$250K
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