Motion,Ex Parte: SPECIALIZED LOAN SERVICING LLC Vs. LORRAINE ANN PHELAN.et al

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                                Filing # 195545142 E-Filed 04/05/2024 08:16:39 AM



                                                            IN THE CIRCUIT COURT OF THE SIXTH
                                                            JUDICIAL CIRCUIT IN AND FOR PINELLAS
                                                            COUNTY, FLORIDA
                                                            GENERAL JURISDICTION DIVISION
                                                            CASE NO. 23-000526-CI
          SPECIALIZED LOAN SERVICING LLC
          >
                     Plaintiff,
          vs.


          LORRAINE ANN PHELAN, et. al.
               Defendant(s),


                      MOTION TO VACATE FINAL JUDGMENT OF MORTGAGE
                      FORECLOSURE, DISMISS ACTION WITHOUT PREJUDICE,
              DISSOLVE THE LIS PENDENS AND RELEASE ORIGINAL LOAN DOCUMENTS

         Comes now, Plaintiff, SPECIALIZED LOAN SERVICING LLC, by and through its undersigned
         attorney and pursuant to Fla. Civ. P. 1.540(b)(5), and respectfully requests that the Court Vacate
         the Final Judgment, Dissolve the Lis Pendens, Dismiss the Action without Prejudice, and
         Release the Original Loan Documents which have been filed and in support thereof Plaintiff
         states as follows:

                A Final Judgment of Foreclosure was entered in this action on February 28, 2024.

                Rule 1.540(b)(5) Fla. R. Civ. P. states in pertinent part:
                 ... upon such terms as are just the court may relieve a party or a party's legal representative
                 from a final judgment, decree, order, or proceeding      for the following reasons... (5) that the
                     judgment or decree has been satisfied, released, or discharged, or a prior judgment or
                     decree upon which it is based has been reversed or otherwise vacated, or it is no longer
                           equitable that the judgment or decree should have prospective application.

                After entry of the Final Judgment, The Defendant has tendered sufficient funds to Pay Off the
                loan which was the subject of this proceeding and it is no longer equitable that the Final
                Judgment have prospective application.



              (0000                             HUAN OANA
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***ELECTRONICALLY FILED 04/05/2024 08:16:39 AM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
Accordingly, Plaintiff requests the underlying Final Judgment be vacated and the case be
   dismissed without prejudice.

   Plaintiff requests return of the original Note and Mortgage, an order reinstating same, and
   that the Lis Pendens be dissolved, as to the property described as follows:

       LOT 48, COURTYARDS 1 AT GLENEAGLES, ACCORDING TO THE
       PLAT THEREOF, RECORDED IN PLAT BOOK 107, PAGE(S) 39
       THROUGH 41, OF THE PUBLIC RECORDS OF PINELLAS COUNTY,
       FLORIDA.


       WHEREFORE,        Plaintiff, requests an order to vacate the Final Judgment, Dissolve the
Lis Pendens, Dismiss the Action without Prejudice, and Release the Original Loan Documents
which have been filed.

                                CERTIFICATE OF SERVICE

        I hereby certify that a copy of the Motion has been furnished to the parties listed on the
attached service list via Mail and/or E-mail in accordance with the corresponding addresses listed
therein on Dated this 4 day of April, 2024.

                                             ROBERTSON, ANSCHUTZ, SCHNEID, CRANE
                                             & PARTNERS, PLLC
                                             Attorney for Plaintiff
                                             6409 Congress Ave., Suite 100
                                             Boca Raton, FL 33487
                                             Telephone: 561-241-6901
                                             Facsimile: 561-997-6909
                                             Service Email: flmail@raslg.com


                                             By: _\S\Jamie Epstein_
                                                Jamie Epstein, Esquire
                                                Florida Bar No. 68691
                                                Communication Email: jepstein@raslg.com




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SERVICE LIST

LORRAINE ANN PHELAN
2105 CLOVER HILL RD
PALM HARBOR, FL 34683-1729
PRIMARY EMAIL: MEDLABLADY43@GMAIL.COM

CAPITAL ONE BANK (USA), N.A.
C/O PRESIDENT, VICE PRESIDENT OR ANY OTHER OFFICER AUTHORIZED TO
ACCEPT SERVICE 100 SHOCKOE SLIP, 2ND FLOOR
RICHMOND, VA 23219

THE COURTYARDS I HOMEOWNERS ASSOCIATION, INC.
C/O MELROSE MANAGEMENT PARTNERSHIP 3527 PALM HARBOR BLVD
PALM HARBOR, FL 34683




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