On January 31, 2008 a
Motion,Ex Parte
was filed
involving a dispute between
Washington Mutual Bank,
and
Caterina Pito-Aloi,
David Aloi,
Palmsea Condominium Inc,
Tenant # 1,
Tenant #2,
Tenant # 3,
Tenant # 4,
Unknown Spouse Of Caterina Pito-Aloi,
Unknown Spouse Of David Aloi,
for REAL PROPERTY/FORECLOSURE
in the District Court of Palm Beach County.
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IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA.
CIVIL ACTION =
WASHINGTON MUTUAL BANK, an
oe
Plaintiff, at
CASE 08-CA-002759 ~» iE
vs. DIVISION: AW a oO
CATERINA PITO-ALOI, et al, 3
Oo
Defendant(s).
/
MOTION TO CANCEL April 15, 2010 FORECLOSURE SALE, VACATE FINAL SUMMARY JUDGMENT,
DISMISS CAUSE OF ACTION, AND RETURN ORIGINAL NOTE AND MORTGAGE
Plaintiff, Washington Mutual Bank, moves this Honorable Court for an Order Granting Motion to Cancel
April 15, 2010 Foreclosure Sale, Vacate Final Summary Judgment, Dismiss Cause of Action and Return Original
Note and Mortgage, and in support thereof states:
lL. On or about January 30, 2008, Plaintiffs counsel initiated this action by filing a Lis Pendens and
Mortgage Foreclosure Complaint.
2. On or about December 17, 2009, Plaintiff's counsel forwarded the Original Note and Mortgage for
filing.
3. On or about January 5, 2010, this Court entered a Final Summary Judgment.
4. A foreclosure sale is currently scheduled for April 15, 2010.
5. On or about March 29, 2010, Plaintiff requested this action be dismissed, as Plaintiff and
Defendant have reached a successful resolution of the issues.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order Granting Motion to
Cancel April 15, 2010 Foreclosure Sale, Vacate Final Summary Judgment, Dismiss Cause of Action and Return
Original Note and Mortgage.
CERTIFICATE OF SERVICE
IHEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail this
3° day of March, 2010, to all parties listed on the attached service list.
Albertelli Law
P.O. Box 23028
Tampa, FL 33623
(813) 221-4743
uu
Mai Vu, Esq.
Florida Bar No. 71030
By:
HC - 07-03277
David Miller
FL Bar No. 69995Service List
Caterina Pito-Aloi
10355 Trianon Place
Wellington, Fl. 33449
David Aloi
10355 Trianon Place
Wellington, Fl. 33449
Palmsea Condominium, Inc.
c/o Ilisa L. Carlton, Esquire
1555 Palm Beach Lakes Blvd.
Suite 1220
West Palm Beach, FL 33401
Tenant #1 n/k/a Steven Grenier
3520 South Ocean Boulevard #606
Lake Worth, FL 33480
Document Filed Date
April 06, 2010
Case Filing Date
January 31, 2008
Category
REAL PROPERTY/FORECLOSURE
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IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA. CIVIL ACTION = WASHINGTON MUTUAL BANK, an oe Plaintiff, at CASE 08-CA-002759 ~» iE vs. DIVISION: AW a oO CATERINA PITO-ALOI, et al, 3 Oo Defendant(s). / MOTION TO CANCEL April 15, 2010 FORECLOSURE SALE, VACATE FINAL SUMMARY JUDGMENT, DISMISS CAUSE OF ACTION, AND RETURN ORIGINAL NOTE AND MORTGAGE Plaintiff, Washington Mutual Bank, moves this Honorable Court for an Order Granting Motion to Cancel April 15, 2010 Foreclosure Sale, Vacate Final Summary Judgment, Dismiss Cause of Action and Return Original Note and Mortgage, and in support thereof states: lL. On or about January 30, 2008, Plaintiffs counsel initiated this action by filing a Lis Pendens and Mortgage Foreclosure Complaint. 2. On or about December 17, 2009, Plaintiff's counsel forwarded the Original Note and Mortgage for filing. 3. On or about January 5, 2010, this Court entered a Final Summary Judgment. 4. A foreclosure sale is currently scheduled for April 15, 2010. 5. On or about March 29, 2010, Plaintiff requested this action be dismissed, as Plaintiff and Defendant have reached a successful resolution of the issues. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order Granting Motion to Cancel April 15, 2010 Foreclosure Sale, Vacate Final Summary Judgment, Dismiss Cause of Action and Return Original Note and Mortgage. CERTIFICATE OF SERVICE IHEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail this 3° day of March, 2010, to all parties listed on the attached service list. Albertelli Law P.O. Box 23028 Tampa, FL 33623 (813) 221-4743 uu Mai Vu, Esq. Florida Bar No. 71030 By: HC - 07-03277 David Miller FL Bar No. 69995Service List Caterina Pito-Aloi 10355 Trianon Place Wellington, Fl. 33449 David Aloi 10355 Trianon Place Wellington, Fl. 33449 Palmsea Condominium, Inc. c/o Ilisa L. Carlton, Esquire 1555 Palm Beach Lakes Blvd. Suite 1220 West Palm Beach, FL 33401 Tenant #1 n/k/a Steven Grenier 3520 South Ocean Boulevard #606 Lake Worth, FL 33480