On July 17, 2015 a
Order
was filed
involving a dispute between
Federal Nat Mtg Assn,
and
Burfield, Cynthia A,
Peritz, Richard C,
for Real Prop Homestead Res Fore =/>$250,000
in the District Court of Broward County.
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Filing # 46043999 E-Filed 09/02/2016 05:25:22 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
FEDERAL NATIONAL MORTGAGE
ASSOCIATION,
YS.
Plaintiff, Case No.: CACE 15-012905 (11)
RICARD C. PERITZ,; et. al.,
Defendant(s),
DEFENDANT’S RESPONSE TO VERIFIED MOTION TO VACATE
ENTERED AGAINST DEFENDANT CYNTHIA BURFIELD
COMES NOW the Defendant, RICHARD C. PERITZ (“DEFENDANT”), by and
through undersigned counsel, responds to Cynthia Burfield’s Verified Motion to Vacate as
follows:
1.
2.
Ms. Burfield was served with the instant foreclosure.
Ms. Burfield, who is in the process of a divorce with Defendant Peritz and knew
Peritz did not have the income to pay the mortgage and same was a “theme” from the
onset of the divorce.
As such, Ms. Burfield was on notice Mr. Peritz would not be seeking to have anyone
file any responsive pleading on her behalf.
Upon information and belief, Ms. Burfield is seeking vacatur of the default in order to
gain an advantage in the divorce proceedings.
Thus any claim of excusable neglect is without foundation.
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 9/2/2016 5:25:21 PM.****FEDERAL NATIONAL MORTGAGE ASSOC. v. RICHARD PERITZ, et al. Case No.: CACE 15-012905
Response to Verified Motion to Vacate Default
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
by U.S. Mail on this 2nd day of September, 2016 to:
CHOICE LEGAL GROUP, P.A.
Christine Lankey Hall
P.O. Box 9908
Fort Lauderdale, Florida 33310-0908
Attorney for Plaintiff
Eservice@clegalgroup.com
Daniel S. Rakofsky, Esq.
100 SE 6 Street
Ft. Lauderdale, FL 33301
drakofsky@rakofskylaw.com; service(@rakofskylaw.com
Respectfully submitted,
CIVIL JUSTICE ADVOCATES, PL
28 W. Flagler Avenue, Suite 608
Miami, Florida 33180
Tel: (305) 639.8791
Fax: (786) 953.5195
By: foam Ut. Henncsecy
m Joann M. Hennessey
Florida Bar No.: 192465
a Ami Patel
Florida Bar No.: 85259
Page 2 of 2
Civil Justice Advocates PL
28 W. Flagler Street, Ste: 608, Miami, Florida 33130
(30) 639-8791 * notices@cjapl.com
Document Filed Date
September 02, 2016
Case Filing Date
July 17, 2015
Category
Real Prop Homestead Res Fore =/>$250,000
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Filing # 46043999 E-Filed 09/02/2016 05:25:22 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA FEDERAL NATIONAL MORTGAGE ASSOCIATION, YS. Plaintiff, Case No.: CACE 15-012905 (11) RICARD C. PERITZ,; et. al., Defendant(s), DEFENDANT’S RESPONSE TO VERIFIED MOTION TO VACATE ENTERED AGAINST DEFENDANT CYNTHIA BURFIELD COMES NOW the Defendant, RICHARD C. PERITZ (“DEFENDANT”), by and through undersigned counsel, responds to Cynthia Burfield’s Verified Motion to Vacate as follows: 1. 2. Ms. Burfield was served with the instant foreclosure. Ms. Burfield, who is in the process of a divorce with Defendant Peritz and knew Peritz did not have the income to pay the mortgage and same was a “theme” from the onset of the divorce. As such, Ms. Burfield was on notice Mr. Peritz would not be seeking to have anyone file any responsive pleading on her behalf. Upon information and belief, Ms. Burfield is seeking vacatur of the default in order to gain an advantage in the divorce proceedings. Thus any claim of excusable neglect is without foundation. *** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 9/2/2016 5:25:21 PM.****FEDERAL NATIONAL MORTGAGE ASSOC. v. RICHARD PERITZ, et al. Case No.: CACE 15-012905 Response to Verified Motion to Vacate Default CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail on this 2nd day of September, 2016 to: CHOICE LEGAL GROUP, P.A. Christine Lankey Hall P.O. Box 9908 Fort Lauderdale, Florida 33310-0908 Attorney for Plaintiff Eservice@clegalgroup.com Daniel S. Rakofsky, Esq. 100 SE 6 Street Ft. Lauderdale, FL 33301 drakofsky@rakofskylaw.com; service(@rakofskylaw.com Respectfully submitted, CIVIL JUSTICE ADVOCATES, PL 28 W. Flagler Avenue, Suite 608 Miami, Florida 33180 Tel: (305) 639.8791 Fax: (786) 953.5195 By: foam Ut. Henncsecy m Joann M. Hennessey Florida Bar No.: 192465 a Ami Patel Florida Bar No.: 85259 Page 2 of 2 Civil Justice Advocates PL 28 W. Flagler Street, Ste: 608, Miami, Florida 33130 (30) 639-8791 * notices@cjapl.com