Preview
Filing # 35827977 E-Filed 12/22/2015 02:19:34 PM
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT OF
FLORIDA IN AND FOR BROWARD
COUNTY
GENERAL JURISDICTION DIVISION
CASE NO. CACE12003293
NATIONSTAR MORTGAGE LLC,
Plaintiff,
VS.
JIHAD K. EL EID, et al.,
Defendants,
/
MOTION TO CANCEL FORECLOSURE SALE
COMES NOW, Plaintiff, NATIONSTAR MORTGAGE LLC, by and through its
undersigned coun:el hereby files this Motion to Cancel Foreclosure Sale and as grounds
therefore states as follows:
1. On or about July 8, 2015 a Summary Final Judgment of Foreclosure was granted,
pursuant to which a foreclosure sale was subsequently scheduled for January 6, 2016.
2. The sale needs to be canceled for the following reason(s):
a. Plaintiff and Defendant are continuing to be involved in loss
mitigation;
b. Defendant is negotiating for the sale of the property that is the
subject of this matter and Plaintiff wants to give Defendant an opportunity to consummate the
sale and pay off tle debt that is due and owing Plaintiff.
C Defendant has entered into a contract to sell the property that is the
subject of this mater and Plaintiff wants to give Defendant an opportunity to consummate the
sale and pay off tl e debt that is due and owing Plaintiff.
d.. Defendant has filed a Chapter Petition under the Federal
46438: 6 11-05526-7
** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 12/22/2015 2:19:32 PM.****Bankruptcy Code
e Plaintiff has ordered but has not received a statement of
value/appraisal for the property;
f._ Plaintiff and Defendant have entered into a Forbearance Agreement;
g.. (Other: Plaintiff wishes to cancel the foreclosure sale scheduled for
January 6, 2016 io allow for CFPB (Consumer Financial Protection Bureau) Short Sale
review. If the Honorable Judge is inclined to reset the sale, the Plaintiff requests that the
foreclosure sale be rescheduled for a date no sooner than 60 days from the currently
foreclosure sale. The Plaintiff forwarded a letter requesting additional documentation from
the Defendant to complete the review. A copy of the letter requesting additional
documentation is attached hereto as Exhibit “A”.
WHEREFORE, Plaintiff respectfully requests this Court Cancel the Foreclosure Sale, and
grant such other relief as the Court deems just and proper.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was: [check all used]
(yhomailed Mailed this Ad day of December, 2015, to all parties on the attached service
list.
Heidi Kirlew, Esq.
McCalla Raymer, LLC
Attorney for Plaintiff
225 E, Robinson St. Suite 155
Orlando, FL 32801
Phone: (407) 674-1850
Fax: (321) 248-0420
Email: MRService@mccallaraymer.com
Fla. Bar No.: 56397
4643826 11-05526-7(Page 1 of 2)
1 Co
ot
Nation sta r 8950 Cypress Waters Blvd
RTGAGE — Coppell, TX 75019
8/18/2015
‘ Open Immediately
Required Documents
JIHAD ELEID
LINA ELEID
C/O PRIORITY ONE NORTGAGE
5475 NORTH WEST JAMES DRIVE # 188
PORT SAINT LUICE, FL 34983 RE: Loan
Property Address:
4233 NW62 AVE
CORAL SPRINGS, FL 33067
Dear JIHAD ELEID & LINA ELEID,
We have received your request for a short sale and supporting documentation. We have conducted a preliminary review of the
documentation supplied by you and have determined that the following required documents are missing or incomplete:
Request for Mortgage-Assistance Form (RMA) or Uniform Borrower Assistance Form (UBAF)
Two Months of Bank Statements
Two Months of Pay Stubs/Profit and Loss
Two Prior Years’ Tax Returns
Hardship Letter (signed and dated)
We will contact your listing agent concerning the following missing documentation in regard to the listing:
Listing Agreement
MLS Sheet
Purchase Contract
HUD-1 Settlement Statement
Buyer's Proof of Funds
Sale Statement(s) from Subordinate Lien Holder(s)
We strongly encourage you to upload the above listed document(s) to us as soon as possible. You may upload the
needed documents directly to Equater.com or provide to your listing agent for upload. Generally, the documentation you
provide expires 90 days from receipt
Please note that a complete package must be received by Nationstar in order for us to begin the evaluation process.
Wee will process the information and provide you with a written determination within 30 calendar days of receiving the complete
package to let you know if you are eligible for a short sale and, if applicable, of your next steps. If you qualify for a short sale, you
will have 14 days from the date of the offer to accept or reject it. The offer will be deemed rejected if you do not accept within 14
calendar days after the cffer is made.
‘A complete review of all financial documents will be done to determine if a contribution to the deficiency is required, if such
deficiency is permitted by applicable law, If 2 deficiency contribution is requested, the Short Sale will not move forward until you
agree on the amount
It is critical that you return a complete set of documents to us no later than 9/16/2015. If all documents are not received by
that date, your application will be denied..*”*Applications that are timely submitted and complete with the exception of a
missing purchase contract only may still be considered for conditional approval. Conditional approval letters will specify
a deadline within which an acceptable purchase contract must be obtained.***
Nationstaris a debt collector, This is an atternpt to collect a debt and any information obtained will be used for that purpose. However, if you are currently in
bonkruptey or have receivedia discharge in bankruptey, this communication is not an attempt to collect a debt from you personally to the extent that itis Included
in your bankruptey or hos been discharged, but is provided for informational purposes only.
Page Lof2
EXHJBIT
tabbies’(Page 2 of 2)
Co
There is no guarantee that you will qualify or receive any foreclosure alternatives.
If you have any questions or concerns, visit us at_wwwMyNationstarMta.com for more information regarding foreclosure
alternatives. Additionally, you can call us at 1 866 312 2432, Monday through Thursday, between 8:00 a.m. and 8:00 p.m,
(Central Time), and Friday, between 8:00 a.m. and 5:00 p.m. (Central Time).
Sincerely,
Centralized Collateral
Nationstar Mortgage LC
Your Dedicated Loan Specialist is Franjessca Weaver and can be reached
at 1-866-316-2432 Ext 5493082 or via mail at the above listed mailing address.
‘You should consider contacting servicers of any other mortgage loans secured by the same property to discuss available loss mitigation
Notices of Error
If you believe an error has been made with respect to your mortgage loan, you should provide to us in writing the
following information: Your name (and the name of the borrower, if you are in authorized third party), the loan
account number, and the error you believe has occurred. To submit a notice of error, you must send this
information to the following address:
Nationstar Mortgage LLC
Attn: Customer Relations
PO Box 619098
Dallas, Texas 75261-9741
Requests for Information
To request information regarding your account, you should provide to us in writing the following information: Your
name (and the name of the borrower, if you are an authorized third party), the loan account number, and the
information you are requesting with respect to your mortgage loan. To submit a request for information, you must
send this information to the following address:
Nationstar Mortgage LLC
Attn: Customer Relations
PO Box 619098
Dallas, Texas 75261-9741
BertonSERVICE LIST
JACOB J. STON’ ', ESQ
COUNSEL OF JI4AD K. EL EID & LINAR. EL EID
4233 NORTHWEST 62ND AVENUE
CORAL SPRINGS, FL 33067
diesenhofandstonc@gmail.com
HIDDEN LAKE AT TURTLE RUN HOMEOWNERS ASSOCIATION, INC.
C/O: INTEGRITY PROPERTY MANAGEMENT, AS REGISTERED AGENT
5665 CORAL RIDGE DRIVE
CORAL SPRINGS, FL 33076
UNKNOWN TENANT IN POSSESSION #1 N/K/A NORMA NASSER BANNOURA
4233 NORTHWEST 62ND AVENUE
CORAL SPRINGS, FL 33067
UNKNOWN TENANT IN POSSESSION #2 N/K/A JACOB STONE
4233 NORTHWE ST 62ND AVENUE
CORAL SPRINGS, FL 33067
CURRENT RESIENT(S)
4233 NORTHWEST 62ND AVENUE
CORAL SPRINGS, FL 33067
4643826 11-05526-7
Preview
Filing # 35827977 E-Filed 12/22/2015 02:19:34 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR BROWARD COUNTY GENERAL JURISDICTION DIVISION CASE NO. CACE12003293 NATIONSTAR MORTGAGE LLC, Plaintiff, VS. JIHAD K. EL EID, et al., Defendants, / MOTION TO CANCEL FORECLOSURE SALE COMES NOW, Plaintiff, NATIONSTAR MORTGAGE LLC, by and through its undersigned coun:el hereby files this Motion to Cancel Foreclosure Sale and as grounds therefore states as follows: 1. On or about July 8, 2015 a Summary Final Judgment of Foreclosure was granted, pursuant to which a foreclosure sale was subsequently scheduled for January 6, 2016. 2. The sale needs to be canceled for the following reason(s): a. Plaintiff and Defendant are continuing to be involved in loss mitigation; b. Defendant is negotiating for the sale of the property that is the subject of this matter and Plaintiff wants to give Defendant an opportunity to consummate the sale and pay off tle debt that is due and owing Plaintiff. C Defendant has entered into a contract to sell the property that is the subject of this mater and Plaintiff wants to give Defendant an opportunity to consummate the sale and pay off tl e debt that is due and owing Plaintiff. d.. Defendant has filed a Chapter Petition under the Federal 46438: 6 11-05526-7 ** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 12/22/2015 2:19:32 PM.****Bankruptcy Code e Plaintiff has ordered but has not received a statement of value/appraisal for the property; f._ Plaintiff and Defendant have entered into a Forbearance Agreement; g.. (Other: Plaintiff wishes to cancel the foreclosure sale scheduled for January 6, 2016 io allow for CFPB (Consumer Financial Protection Bureau) Short Sale review. If the Honorable Judge is inclined to reset the sale, the Plaintiff requests that the foreclosure sale be rescheduled for a date no sooner than 60 days from the currently foreclosure sale. The Plaintiff forwarded a letter requesting additional documentation from the Defendant to complete the review. A copy of the letter requesting additional documentation is attached hereto as Exhibit “A”. WHEREFORE, Plaintiff respectfully requests this Court Cancel the Foreclosure Sale, and grant such other relief as the Court deems just and proper. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was: [check all used] (yhomailed Mailed this Ad day of December, 2015, to all parties on the attached service list. Heidi Kirlew, Esq. McCalla Raymer, LLC Attorney for Plaintiff 225 E, Robinson St. Suite 155 Orlando, FL 32801 Phone: (407) 674-1850 Fax: (321) 248-0420 Email: MRService@mccallaraymer.com Fla. Bar No.: 56397 4643826 11-05526-7(Page 1 of 2) 1 Co ot Nation sta r 8950 Cypress Waters Blvd RTGAGE — Coppell, TX 75019 8/18/2015 ‘ Open Immediately Required Documents JIHAD ELEID LINA ELEID C/O PRIORITY ONE NORTGAGE 5475 NORTH WEST JAMES DRIVE # 188 PORT SAINT LUICE, FL 34983 RE: Loan Property Address: 4233 NW62 AVE CORAL SPRINGS, FL 33067 Dear JIHAD ELEID & LINA ELEID, We have received your request for a short sale and supporting documentation. We have conducted a preliminary review of the documentation supplied by you and have determined that the following required documents are missing or incomplete: Request for Mortgage-Assistance Form (RMA) or Uniform Borrower Assistance Form (UBAF) Two Months of Bank Statements Two Months of Pay Stubs/Profit and Loss Two Prior Years’ Tax Returns Hardship Letter (signed and dated) We will contact your listing agent concerning the following missing documentation in regard to the listing: Listing Agreement MLS Sheet Purchase Contract HUD-1 Settlement Statement Buyer's Proof of Funds Sale Statement(s) from Subordinate Lien Holder(s) We strongly encourage you to upload the above listed document(s) to us as soon as possible. You may upload the needed documents directly to Equater.com or provide to your listing agent for upload. Generally, the documentation you provide expires 90 days from receipt Please note that a complete package must be received by Nationstar in order for us to begin the evaluation process. Wee will process the information and provide you with a written determination within 30 calendar days of receiving the complete package to let you know if you are eligible for a short sale and, if applicable, of your next steps. If you qualify for a short sale, you will have 14 days from the date of the offer to accept or reject it. The offer will be deemed rejected if you do not accept within 14 calendar days after the cffer is made. ‘A complete review of all financial documents will be done to determine if a contribution to the deficiency is required, if such deficiency is permitted by applicable law, If 2 deficiency contribution is requested, the Short Sale will not move forward until you agree on the amount It is critical that you return a complete set of documents to us no later than 9/16/2015. If all documents are not received by that date, your application will be denied..*”*Applications that are timely submitted and complete with the exception of a missing purchase contract only may still be considered for conditional approval. Conditional approval letters will specify a deadline within which an acceptable purchase contract must be obtained.*** Nationstaris a debt collector, This is an atternpt to collect a debt and any information obtained will be used for that purpose. However, if you are currently in bonkruptey or have receivedia discharge in bankruptey, this communication is not an attempt to collect a debt from you personally to the extent that itis Included in your bankruptey or hos been discharged, but is provided for informational purposes only. Page Lof2 EXHJBIT tabbies’(Page 2 of 2) Co There is no guarantee that you will qualify or receive any foreclosure alternatives. If you have any questions or concerns, visit us at_wwwMyNationstarMta.com for more information regarding foreclosure alternatives. Additionally, you can call us at 1 866 312 2432, Monday through Thursday, between 8:00 a.m. and 8:00 p.m, (Central Time), and Friday, between 8:00 a.m. and 5:00 p.m. (Central Time). Sincerely, Centralized Collateral Nationstar Mortgage LC Your Dedicated Loan Specialist is Franjessca Weaver and can be reached at 1-866-316-2432 Ext 5493082 or via mail at the above listed mailing address. ‘You should consider contacting servicers of any other mortgage loans secured by the same property to discuss available loss mitigation Notices of Error If you believe an error has been made with respect to your mortgage loan, you should provide to us in writing the following information: Your name (and the name of the borrower, if you are in authorized third party), the loan account number, and the error you believe has occurred. To submit a notice of error, you must send this information to the following address: Nationstar Mortgage LLC Attn: Customer Relations PO Box 619098 Dallas, Texas 75261-9741 Requests for Information To request information regarding your account, you should provide to us in writing the following information: Your name (and the name of the borrower, if you are an authorized third party), the loan account number, and the information you are requesting with respect to your mortgage loan. To submit a request for information, you must send this information to the following address: Nationstar Mortgage LLC Attn: Customer Relations PO Box 619098 Dallas, Texas 75261-9741 BertonSERVICE LIST JACOB J. STON’ ', ESQ COUNSEL OF JI4AD K. EL EID & LINAR. EL EID 4233 NORTHWEST 62ND AVENUE CORAL SPRINGS, FL 33067 diesenhofandstonc@gmail.com HIDDEN LAKE AT TURTLE RUN HOMEOWNERS ASSOCIATION, INC. C/O: INTEGRITY PROPERTY MANAGEMENT, AS REGISTERED AGENT 5665 CORAL RIDGE DRIVE CORAL SPRINGS, FL 33076 UNKNOWN TENANT IN POSSESSION #1 N/K/A NORMA NASSER BANNOURA 4233 NORTHWEST 62ND AVENUE CORAL SPRINGS, FL 33067 UNKNOWN TENANT IN POSSESSION #2 N/K/A JACOB STONE 4233 NORTHWE ST 62ND AVENUE CORAL SPRINGS, FL 33067 CURRENT RESIENT(S) 4233 NORTHWEST 62ND AVENUE CORAL SPRINGS, FL 33067 4643826 11-05526-7