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IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR BREVARD COUNTY, FLORIDA
CASE NO 05-2006-CA-060604-XXXX-XX
BANK OF NEW YORK AS TRUSTEE FOR
THE CERTIFICATEHOLDERS CWABS,
INC ASSET-BACKED CERTIFICATES,
SERIES 2004-13,
Plaintiff,
Vv
FRANK J LARRIEU, COQUINA PALMS
HOMEOWNERS ASSOCIATION, BANK OF
AMERICA, N A , 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,
He sh cl 9- wor iggy
SIT14 11095
Defendants
MOTION TO RESET FORECLOSURE
The Defendant, COQUINA PALMS HOMEOWNERS ASSOCIATION (“THE ASSOCIATION’),
by and through its undersigned attorney, hereby moves this Court to reset the foreclosure sale in the
above-referenced cause, and, as grounds, states as follows’
1. This Court has already entered a final judgmentn this cause and a foreclosure sale was
previously ordered and scheduled
2 On the eve of the sale, the Plaintiff cancelled the sale and no foreclosure sale took
place
3 THE ASSOCIATION 1s one of the Defendants in this cause Unless and until the
foreclosure sale takes place, THE ASSOCIATION will continue to suffer damage in that there is no
owner who Is paying assessments or assuming responsibility for effectuating repairs to the damaged
property.
Case # 05-2006-CA-060604-XXXX-XX
Document P;
ni
MANE AT A A
2S.
4 THE ASSOCIATION 1s, therefore, in need of an order resetting the sale and requests
the sale be reset in an expedited fashion in 30 days
WHEREFORE, THE ASSOCIATION respectfully requests this Court reset the foreclosure sale
In this cause and grant such other and further relief as this Court deems just and proper
CERTIFICATE OF SERVICE
| hereby certify that a true and correct copy of the foregoing has been furnished via U S
Mail to MICHAEL D WILD, ESQ , Smith, Hiatt & Diaz, PA, PO Box 11438, Fort Lauderdale, FL
33339-1438, FRANK J LARRIEU, 232 Coastal Hill Drive, Indian Harbour Beach, Florida 32937,
UNKNOWN TENANT NO 1 N/K/A MARK CHILCUTT, 232 Coastal Hill Drive, Indian Harbour
Beach, Florida 32937, CARLOS R ARIAS, ESQUIRE, 1065 Maitland Center Commons Bivd ,
Maitland, Florida 32751, and SUSAN Y; |G J KANG, ESQUIRE, 2901 Stirling Road, Suite 300,
Fort Lauderdale, Florida 33312, this fae lay of June, 2007
FRESE, HANSEN, ANDERSON, ANDERSON,
eee WHITEHEAD, P.A.
BY
LLAN P WHITEHEAD
Florida Bar No 870927
930 S Harbor City Blvd , Suite 505
Melbourne, FL 32901
(321) 984-3300
Attorneys for Coquina Palms HOA
| \Allan\Coquina Palms\motion to reset foreclosure 060507 wpd
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IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA CASE NO 05-2006-CA-060604-XXXX-XX BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC ASSET-BACKED CERTIFICATES, SERIES 2004-13, Plaintiff, Vv FRANK J LARRIEU, COQUINA PALMS HOMEOWNERS ASSOCIATION, BANK OF AMERICA, N A , 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, He sh cl 9- wor iggy SIT14 11095 Defendants MOTION TO RESET FORECLOSURE The Defendant, COQUINA PALMS HOMEOWNERS ASSOCIATION (“THE ASSOCIATION’), by and through its undersigned attorney, hereby moves this Court to reset the foreclosure sale in the above-referenced cause, and, as grounds, states as follows’ 1. This Court has already entered a final judgmentn this cause and a foreclosure sale was previously ordered and scheduled 2 On the eve of the sale, the Plaintiff cancelled the sale and no foreclosure sale took place 3 THE ASSOCIATION 1s one of the Defendants in this cause Unless and until the foreclosure sale takes place, THE ASSOCIATION will continue to suffer damage in that there is no owner who Is paying assessments or assuming responsibility for effectuating repairs to the damaged property. Case # 05-2006-CA-060604-XXXX-XX Document P; ni MANE AT A A 2S. 4 THE ASSOCIATION 1s, therefore, in need of an order resetting the sale and requests the sale be reset in an expedited fashion in 30 days WHEREFORE, THE ASSOCIATION respectfully requests this Court reset the foreclosure sale In this cause and grant such other and further relief as this Court deems just and proper CERTIFICATE OF SERVICE | hereby certify that a true and correct copy of the foregoing has been furnished via U S Mail to MICHAEL D WILD, ESQ , Smith, Hiatt & Diaz, PA, PO Box 11438, Fort Lauderdale, FL 33339-1438, FRANK J LARRIEU, 232 Coastal Hill Drive, Indian Harbour Beach, Florida 32937, UNKNOWN TENANT NO 1 N/K/A MARK CHILCUTT, 232 Coastal Hill Drive, Indian Harbour Beach, Florida 32937, CARLOS R ARIAS, ESQUIRE, 1065 Maitland Center Commons Bivd , Maitland, Florida 32751, and SUSAN Y; |G J KANG, ESQUIRE, 2901 Stirling Road, Suite 300, Fort Lauderdale, Florida 33312, this fae lay of June, 2007 FRESE, HANSEN, ANDERSON, ANDERSON, eee WHITEHEAD, P.A. BY LLAN P WHITEHEAD Florida Bar No 870927 930 S Harbor City Blvd , Suite 505 Melbourne, FL 32901 (321) 984-3300 Attorneys for Coquina Palms HOA | \Allan\Coquina Palms\motion to reset foreclosure 060507 wpd ty