On January 24, 2008 a
Party Discovery
was filed
involving a dispute between
Indymac Bank Fsb,
and
Adelia Goulart,
Boca Gardens Homeowners Association Inc,
Jose C M Campos,
National Fence & Railing Co Inc,
Unknown Persons In Possession Of The Subject Property,
for REAL PROPERTY/FORECLOSURE
in the District Court of Palm Beach County.
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IN THE CIRCUIT COURT OF THE 15TH
JUDICIAL CIRCUIT, IN AND FOR
PALM BEACH COUNTY, FLORIDA
CIVIL DIVISION
CASE NO. 2008-CA-002159
INDYMAC BANK, F.S.B
Plaintiff,
vs.
ADELIA GOULART; JOSE C.M. CAMPOS; UNKNOWN
PERSON(S) IN POSSESSION OF THE SUBJECT;
NATIONAL FENCE & RAILING, CO. INC.; BOCA
GARDENS HOMEOWNERS ASSOCIATION, INC.;
Defendants.
EX PARTE MOTION TO VACATE JUDGMENT, DISMISS ACTION
WITHOUT PREJUDICE, CANCEL FORECLOSURE SALE, DISSOLVE
LIS PENDENS, AND RELEASING THE ORIGINAL DOCUMENTS
Plaintiff, INDYMAC BANK, F.S.B, by and through its undersigned attomey, and moves this Court for
entry of an Order to Vacate Judgment, Dismiss the Action Without Prejudice, Cancel Foreclosure Sale, Dissolve Lis
Pendens, AND RELEASING THE ORIGINAL DOCUMENTS and in support thereof states:
L. This is a mortgage foreclosure action, which was commenced on January 24, 2008.
2. That a Final Judgment of Foreclosure was entered on July 14, 2008.
3. That a foreclosure sale was scheduled for August 25, 2008.
4. That the Defendant(s) tendered funds sufficient to payoff the loan which was the basis for the pending
foreclosure action.
WHEREFORE, Plaintiff prays for entry of an Order Vacating the Judgment, Dismissing the Action
Without Prejudice, Canceling Foreclosure Sale, Dissolving the Lis Pendens, and Releasing the Original Documents.
I HEREBY CERTIFY that a true and correct copy of the foregoing was mailed to the parties on the
attached service list this 23" day of FEBRUARY, 2009.
Kahane & Associates, P.A.
8201 Peters Road, Ste. 3000
Plantation, Florida 33324
Bar. No.: 703931
File No.: 08-00288 INDY7 SERVICE LIST
Case No. 2008-CA-002159
ADELIA GOULART
9704 D BOCA GARDENS CIRCLE
BOCA RATON, FLORIDA 33428
JOSE C.M. CAMPOS
9704 D BOCA GARDENS CIRCLE
BOCA RATON, FLORIDA 33428
UNKNOWN PERSON(S) IN POSSESSION OF THE SUBJECT
9704 D. BOCA GARDENS CIRCLE
BOCA RATON, FLORIDA 33428
BOCA GARDENS HOMEOWNERS ASSOCIATION, INC.
c/o TRACI BRADSHAW, C/O SEACREST SERVICES
2400 CENTREPARK WEST DRIVE - SUITE 175
WEST PALM BEACH, FLORIDA 33409
NATIONAL FENCE & RAILING, CO. INC.
c/o SANDRA KOVIC
491 NEPTURE ROAD
NORTH PALM BEACH, FLORIDA 33408
File No.: 08-00288 INDY
Document Filed Date
February 27, 2009
Case Filing Date
January 24, 2008
Category
REAL PROPERTY/FORECLOSURE
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IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL DIVISION CASE NO. 2008-CA-002159 INDYMAC BANK, F.S.B Plaintiff, vs. ADELIA GOULART; JOSE C.M. CAMPOS; UNKNOWN PERSON(S) IN POSSESSION OF THE SUBJECT; NATIONAL FENCE & RAILING, CO. INC.; BOCA GARDENS HOMEOWNERS ASSOCIATION, INC.; Defendants. EX PARTE MOTION TO VACATE JUDGMENT, DISMISS ACTION WITHOUT PREJUDICE, CANCEL FORECLOSURE SALE, DISSOLVE LIS PENDENS, AND RELEASING THE ORIGINAL DOCUMENTS Plaintiff, INDYMAC BANK, F.S.B, by and through its undersigned attomey, and moves this Court for entry of an Order to Vacate Judgment, Dismiss the Action Without Prejudice, Cancel Foreclosure Sale, Dissolve Lis Pendens, AND RELEASING THE ORIGINAL DOCUMENTS and in support thereof states: L. This is a mortgage foreclosure action, which was commenced on January 24, 2008. 2. That a Final Judgment of Foreclosure was entered on July 14, 2008. 3. That a foreclosure sale was scheduled for August 25, 2008. 4. That the Defendant(s) tendered funds sufficient to payoff the loan which was the basis for the pending foreclosure action. WHEREFORE, Plaintiff prays for entry of an Order Vacating the Judgment, Dismissing the Action Without Prejudice, Canceling Foreclosure Sale, Dissolving the Lis Pendens, and Releasing the Original Documents. I HEREBY CERTIFY that a true and correct copy of the foregoing was mailed to the parties on the attached service list this 23" day of FEBRUARY, 2009. Kahane & Associates, P.A. 8201 Peters Road, Ste. 3000 Plantation, Florida 33324 Bar. No.: 703931 File No.: 08-00288 INDY7 SERVICE LIST Case No. 2008-CA-002159 ADELIA GOULART 9704 D BOCA GARDENS CIRCLE BOCA RATON, FLORIDA 33428 JOSE C.M. CAMPOS 9704 D BOCA GARDENS CIRCLE BOCA RATON, FLORIDA 33428 UNKNOWN PERSON(S) IN POSSESSION OF THE SUBJECT 9704 D. BOCA GARDENS CIRCLE BOCA RATON, FLORIDA 33428 BOCA GARDENS HOMEOWNERS ASSOCIATION, INC. c/o TRACI BRADSHAW, C/O SEACREST SERVICES 2400 CENTREPARK WEST DRIVE - SUITE 175 WEST PALM BEACH, FLORIDA 33409 NATIONAL FENCE & RAILING, CO. INC. c/o SANDRA KOVIC 491 NEPTURE ROAD NORTH PALM BEACH, FLORIDA 33408 File No.: 08-00288 INDY