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Filing # 90198404 E-Filed 05/28/2019 05:14:13 PM
IN THE CIRCUIT COURT OF THE 17"
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO. CACE 12-012220 (11)
HSBC BANK USA, NATIONAL
ASSOCIATION, AS TRUSTEE FOR THE
REGISTERED HOLDERS OF NOMURA.
HOME EQUITY HOME LOAN, INC.
ASSET-BACKED CERTIFICATES, SERIES 2007-2
Plaintiff
Vv.
MICHAEL BARRETT, et al.
Defendant
/
MOTI ANCEL FORECL RE SALE ON 6/12/19
COMES NOW, Defendants, MICHAEL BARRETT and JENNIFER GAYLE, by and
through thier undersigned counsel and files this Motion to Cancel Foreclosure Sale and as
grounds, states as follows:
1. The sale in this matter has been set for June 12, 2019.
2. The Final Judgment was entered on February 12, 2019.
3. There have been no prior sale cancellations in this matter .
4. The Defendants had originally submitted a loan application to Ocwen, but shortly thereafter,
the servicing agent changed to PHH Mortgage Services.
5. On May 28, 2019, the Defendants submitted a complete loan modification application with
supporting documents including bank statements and tax returns using the new servicing agent’s package.
See exhibit “A” attached and incorporated herein.
6. However, there will be insufficient time prior to the foreclosure sale date to finish the
application processing/underwriting and enter into a trial modification, if approved, or appeal, if denied.
7. It is in the best interest of all parties to conclude the loss mitigation process.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/29/2019 02:28:32 PM.****WHEREFORE, the Defendant respectfully requests that this Court grant their Motion to
Cancel the Sale in order to allow the completion of the loan modification application process.
I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via US Mail
and eservice to Nicole Zimmerman, Esq., Aldridge Pite, LLP, 1615 South Congress
Avenue, Suite 200, Delray Beach, FL 33445; ServiceMail@aldridgepite.com this 28th day of May,
2019.
/s/ Dolores K. Sanchez
DOLORES K. SANCHEZ, ESQUIRE
Attomey for Defendants, MICHAEL BARRETT and
JENNIFER GAYLE
4701 N. Federal Highway, Suite 316
Lighthouse Point, FL 33064
Telephone (954) 785-8585
eservice: dolores@bizhall net
Florida Bar No. 0795976
Florida Bar No. 0795976EXHIBIT AAMPHION Communications Mail - Re: HSBC v. Barrett; CACE12... https://mail .google.com/mail/u/2?ik=3 18a472afa& view=pt&search=..
lof 5
3
q
G M | i Dolores Sanchez
Re: HSBC v. Barrett; CACE12012220; [1221-10348B]
1 message
Dolores Sanchez Tue, May 28, 2019 at 4:41 PM
To: LossMitFL
Ce: "Julia Y. Poletti" , LossMitF L
Attached please find the complete package for Michael Barrett.A copy is also being faxed to PHC. | will be filing a
Motion to Cancel the 6/12/19 sale, and will check back with you to clear hearing dates
Dolores
Dolores K. Sanchez, Esq.
Law Office of Dolores K. Sanchez
4701 N. Federal Highway
Suite 316, Box B-1
Lighthouse Point, FL 33064
Telephone: (954) 785-8585
Fax: (954) 785-6163
email: dolores@bizhall.net
On Mon, Apr 29, 2019 at 11:36 AM LossMitFL wrote:
Attached.
Thank you,
Loss Mitigation Department
Aldridge | Pite, LLP
1615 South Congress Avenue
Suite 200
Delray Beach, Florida 33445
P: 561.288.3700
Fax 561.807.3148
5/28/2019, 4:59 PMAMPHION Communications Mail - Re: HSBC v. Barrett; CACE12.. https://mail.google.com/mail/u/2?ik=3 18a472afa& view=pt&search=...
ALDRIDGE PLL
Alabama | Alaska | Arizona | California | Florida | Georgia | Hawaii | Idaho | Nevada | New Mexico |
New York | Oregon | Tennessee | Texas | Utah | Washington
From: Julia Y. Poletti
Sent: Monday, April 29, 2019 11:34 AM
To: Dolores Sanchez
Ce: LossMitFL
Subject: RE: HSBC v. Barrett; CACE12012220; (1221-10348B]
My system is not reflecting a servicer change at this time but it’s possible it is still pending.
Loss mit--Can you please provide a PHH loss mitigation package per the below?
Best,
Julia Y. Poletti, Esq.
Aldridge |Pite, LLP
1615 South Congress Avenue
Suite 200
Delray Beach, FL 33445 |
I
Phone: 561-288-6850 |
Email: jpoletti@aldridgepite.com
Primary Service Mail: ServiceMail@aldridgepite.com |
| xico |
|
|
|
Alabama | Alaska | Arizona | California | Florida | Georgia | Hawaii | Idaho | Nevada | New Mi
New York | Oregon | Tennessee | Texas | Utah | Washington
*Licensed in Florida
2of 5 | 5/28/2019, 4:59 PMAMPHION Communications Mail - Re: HSBC v. Barrett; CACE12.
3 of
From: Dolores Sanchez
Sent: Monday, April 29, 2019 11:26 AM
To: Nicole Zimmerman
Cc: Gina M. Zito ; Matthew Braunschweig ; Rose M. Sherman ; Julia Y. Poletti
Subject: Re: HSBC v. Barrett; CACE12012220; 1221-10348B
Thanks
On Mon, Apr 29, 2019 at 11:24 AM Nicole Zimmerman wrote:
Including the file attorney Julia Poletti to assist you. Thank you.
Nicole F. Zimmerman, Esquire
Associate
ALDRIDGE PITE, LLP
1615 South Congress Avenue
Suite 200
Delray Beach, FL 33445
P: (561) 288-8990
F: (561) 807-3148
E: nzimmerman@aldridgepite.com
ALDRIDGE |PITE, LLP
Alaska | Arizona | California | Florida | Georgia | Hawaii | Idaho | Nevada | New Mexico | New York |
Oregon | Texas | Utah | Washington
“Licensed in Florida
It is our goal to continually exceed the expectations of our valued partners. if | have not addressed your needs in a timely and professional
manner, please contact Jonathan Jacobson at jjacobson@aldridgepite.com
From: Dolores Sanchez [mailto:dolores@bizhall.net]
Sent: Monday, April 29, 2019 11:23 AM
To: Nicole Zimmerman; Gina M. Zito; Matthew Braunschweig; Rose M. Sherman
5/28/2019, 4:59 PM.AMPHION Communications Mail - Re: HSBC v. Barrett; CACE12... https://mail google. com/mail/u/27ik=3 18a472afa& view=pt&search=...
4o0f5
Subject: HSBC v. Barrett; CACE12012220; 1221-10348B
Good moming
We had submitted loan mod documents to Ocwen but have not heard back. Though we have not received
_ Official notice, | believe the servicer may have recently changed as | just received a letter about lender-placed
insurance being cancelled due to service transfer of account. It appears that the servicing was recently
transferred from Ocwen to PHH Mortgage Services. Can you please provide a loan mod application for this
new servicer so we may re-submit. | think it will be easier to do that rather than wait fro Ocwen to transfer the
application file (as that sometimes takes months--time which we do not have). Thanks
Dolores
Dolores K. Sanchez, Esq.
Law Office of Dolores K. Sanchez
4701 N. Federai Highway
Suite 316, Box B-1
Lighthouse Point, FL 33064
Telephone: (954) 785-8585
Fax: (954) 785-6163
e-mail: — dolores@bizhall.net
This is an attempt to collect a debt by a debt collector, and any information obtained will be used for
that purpose. However, if you are in an active bankruptcy case or have recelved a discharge of your
personal liability for this debt in bankruptcy, our firm does not seek to enforce your personal liability
for the debt, but may be able to pursue legal action to obtain possession of the collateral which is
security for the debt to the extent that our client has a valid lien against the collateral.
This e-mail and any attachments contain information from the law firm of Aldridge Pite, LLP and are intended
solely for the use of the named recipient(s). This e-mail may contain privileged attorney-client
communications or work product. Any dissemination of this e-mail or its attachments by anyone other than an
intended recipient is strictly prohibited. If you are not a named recipient, you are prohibited from ar ny further
viewing of the e-mail or its attachments or from making any use of same. If you believe you have received
this e-mail in error, please notify the sender by replying to this email or calling the sender at (404) 994-7400
and delete the e-mail from any drives or storage media and destroy any print out(s) of this e-mail Or its
attachments.
This is an attempt to collect a debt by a debt collector, and any information obtained will be used for
that purpose. However, if you are In an active bankruptcy case or have received a discharge of your
personal liability for this debt in bankruptcy, our firm does not seek to enforce your personal lability for
the debt, but may be able to pursue legal action to obtain possession of the collateral which is security
for the debt to the extent that our client has a valid lien against the collateral.
This e-mail and any attachments contain information from the law firm of Aldridge Pite, LLP and are intended
solely for the use of the named recipient(s). This e-mail may contain privileged attorney-client communications
or work product. Any dissemination of this e-mail or its attachments by anyone other than an intended recipient
is strictly prohibited. If you are not a named recipient, you are prohibited from any further viewing of the e-mail
or its attachments or from making any use of same. If you believe you have received this e-mail in error, please
5/28/2019, 4:59 PMAMPHION Communications Mail - Re: HSBC v. Barrett, CACE12. https://mail.google.com/mail/u/27ik=3 18a472afa& view=pt&search=...
notify the sender by replying to this email or calling the sender at (404) 994-7400 and delete the e-mail from any
drives or storage media and destroy any print out(s) of this e-mail or its attachments.
x Barrett loan mod application.pdf
21361K
5 of 5 5/28/2019, 4:59 PM
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Filing # 90198404 E-Filed 05/28/2019 05:14:13 PM IN THE CIRCUIT COURT OF THE 17" JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. CACE 12-012220 (11) HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF NOMURA. HOME EQUITY HOME LOAN, INC. ASSET-BACKED CERTIFICATES, SERIES 2007-2 Plaintiff Vv. MICHAEL BARRETT, et al. Defendant / MOTI ANCEL FORECL RE SALE ON 6/12/19 COMES NOW, Defendants, MICHAEL BARRETT and JENNIFER GAYLE, by and through thier undersigned counsel and files this Motion to Cancel Foreclosure Sale and as grounds, states as follows: 1. The sale in this matter has been set for June 12, 2019. 2. The Final Judgment was entered on February 12, 2019. 3. There have been no prior sale cancellations in this matter . 4. The Defendants had originally submitted a loan application to Ocwen, but shortly thereafter, the servicing agent changed to PHH Mortgage Services. 5. On May 28, 2019, the Defendants submitted a complete loan modification application with supporting documents including bank statements and tax returns using the new servicing agent’s package. See exhibit “A” attached and incorporated herein. 6. However, there will be insufficient time prior to the foreclosure sale date to finish the application processing/underwriting and enter into a trial modification, if approved, or appeal, if denied. 7. It is in the best interest of all parties to conclude the loss mitigation process. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/29/2019 02:28:32 PM.****WHEREFORE, the Defendant respectfully requests that this Court grant their Motion to Cancel the Sale in order to allow the completion of the loan modification application process. I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via US Mail and eservice to Nicole Zimmerman, Esq., Aldridge Pite, LLP, 1615 South Congress Avenue, Suite 200, Delray Beach, FL 33445; ServiceMail@aldridgepite.com this 28th day of May, 2019. /s/ Dolores K. Sanchez DOLORES K. SANCHEZ, ESQUIRE Attomey for Defendants, MICHAEL BARRETT and JENNIFER GAYLE 4701 N. Federal Highway, Suite 316 Lighthouse Point, FL 33064 Telephone (954) 785-8585 eservice: dolores@bizhall net Florida Bar No. 0795976 Florida Bar No. 0795976EXHIBIT AAMPHION Communications Mail - Re: HSBC v. Barrett; CACE12... https://mail .google.com/mail/u/2?ik=3 18a472afa& view=pt&search=.. lof 5 3 q G M | i Dolores Sanchez Re: HSBC v. Barrett; CACE12012220; [1221-10348B] 1 message Dolores Sanchez Tue, May 28, 2019 at 4:41 PM To: LossMitFL Ce: "Julia Y. Poletti" , LossMitF L Attached please find the complete package for Michael Barrett.A copy is also being faxed to PHC. | will be filing a Motion to Cancel the 6/12/19 sale, and will check back with you to clear hearing dates Dolores Dolores K. Sanchez, Esq. Law Office of Dolores K. Sanchez 4701 N. Federal Highway Suite 316, Box B-1 Lighthouse Point, FL 33064 Telephone: (954) 785-8585 Fax: (954) 785-6163 email: dolores@bizhall.net On Mon, Apr 29, 2019 at 11:36 AM LossMitFL wrote: Attached. Thank you, Loss Mitigation Department Aldridge | Pite, LLP 1615 South Congress Avenue Suite 200 Delray Beach, Florida 33445 P: 561.288.3700 Fax 561.807.3148 5/28/2019, 4:59 PMAMPHION Communications Mail - Re: HSBC v. Barrett; CACE12.. https://mail.google.com/mail/u/2?ik=3 18a472afa& view=pt&search=... ALDRIDGE PLL Alabama | Alaska | Arizona | California | Florida | Georgia | Hawaii | Idaho | Nevada | New Mexico | New York | Oregon | Tennessee | Texas | Utah | Washington From: Julia Y. Poletti Sent: Monday, April 29, 2019 11:34 AM To: Dolores Sanchez Ce: LossMitFL Subject: RE: HSBC v. Barrett; CACE12012220; (1221-10348B] My system is not reflecting a servicer change at this time but it’s possible it is still pending. Loss mit--Can you please provide a PHH loss mitigation package per the below? Best, Julia Y. Poletti, Esq. Aldridge |Pite, LLP 1615 South Congress Avenue Suite 200 Delray Beach, FL 33445 | I Phone: 561-288-6850 | Email: jpoletti@aldridgepite.com Primary Service Mail: ServiceMail@aldridgepite.com | | xico | | | | Alabama | Alaska | Arizona | California | Florida | Georgia | Hawaii | Idaho | Nevada | New Mi New York | Oregon | Tennessee | Texas | Utah | Washington *Licensed in Florida 2of 5 | 5/28/2019, 4:59 PMAMPHION Communications Mail - Re: HSBC v. Barrett; CACE12. 3 of From: Dolores Sanchez Sent: Monday, April 29, 2019 11:26 AM To: Nicole Zimmerman Cc: Gina M. Zito ; Matthew Braunschweig ; Rose M. Sherman ; Julia Y. Poletti Subject: Re: HSBC v. Barrett; CACE12012220; 1221-10348B Thanks On Mon, Apr 29, 2019 at 11:24 AM Nicole Zimmerman wrote: Including the file attorney Julia Poletti to assist you. Thank you. Nicole F. Zimmerman, Esquire Associate ALDRIDGE PITE, LLP 1615 South Congress Avenue Suite 200 Delray Beach, FL 33445 P: (561) 288-8990 F: (561) 807-3148 E: nzimmerman@aldridgepite.com ALDRIDGE |PITE, LLP Alaska | Arizona | California | Florida | Georgia | Hawaii | Idaho | Nevada | New Mexico | New York | Oregon | Texas | Utah | Washington “Licensed in Florida It is our goal to continually exceed the expectations of our valued partners. if | have not addressed your needs in a timely and professional manner, please contact Jonathan Jacobson at jjacobson@aldridgepite.com From: Dolores Sanchez [mailto:dolores@bizhall.net] Sent: Monday, April 29, 2019 11:23 AM To: Nicole Zimmerman; Gina M. Zito; Matthew Braunschweig; Rose M. Sherman 5/28/2019, 4:59 PM.AMPHION Communications Mail - Re: HSBC v. Barrett; CACE12... https://mail google. com/mail/u/27ik=3 18a472afa& view=pt&search=... 4o0f5 Subject: HSBC v. Barrett; CACE12012220; 1221-10348B Good moming We had submitted loan mod documents to Ocwen but have not heard back. Though we have not received _ Official notice, | believe the servicer may have recently changed as | just received a letter about lender-placed insurance being cancelled due to service transfer of account. It appears that the servicing was recently transferred from Ocwen to PHH Mortgage Services. Can you please provide a loan mod application for this new servicer so we may re-submit. | think it will be easier to do that rather than wait fro Ocwen to transfer the application file (as that sometimes takes months--time which we do not have). Thanks Dolores Dolores K. Sanchez, Esq. Law Office of Dolores K. Sanchez 4701 N. Federai Highway Suite 316, Box B-1 Lighthouse Point, FL 33064 Telephone: (954) 785-8585 Fax: (954) 785-6163 e-mail: — dolores@bizhall.net This is an attempt to collect a debt by a debt collector, and any information obtained will be used for that purpose. However, if you are in an active bankruptcy case or have recelved a discharge of your personal liability for this debt in bankruptcy, our firm does not seek to enforce your personal liability for the debt, but may be able to pursue legal action to obtain possession of the collateral which is security for the debt to the extent that our client has a valid lien against the collateral. This e-mail and any attachments contain information from the law firm of Aldridge Pite, LLP and are intended solely for the use of the named recipient(s). This e-mail may contain privileged attorney-client communications or work product. Any dissemination of this e-mail or its attachments by anyone other than an intended recipient is strictly prohibited. If you are not a named recipient, you are prohibited from ar ny further viewing of the e-mail or its attachments or from making any use of same. If you believe you have received this e-mail in error, please notify the sender by replying to this email or calling the sender at (404) 994-7400 and delete the e-mail from any drives or storage media and destroy any print out(s) of this e-mail Or its attachments. This is an attempt to collect a debt by a debt collector, and any information obtained will be used for that purpose. However, if you are In an active bankruptcy case or have received a discharge of your personal liability for this debt in bankruptcy, our firm does not seek to enforce your personal lability for the debt, but may be able to pursue legal action to obtain possession of the collateral which is security for the debt to the extent that our client has a valid lien against the collateral. This e-mail and any attachments contain information from the law firm of Aldridge Pite, LLP and are intended solely for the use of the named recipient(s). This e-mail may contain privileged attorney-client communications or work product. Any dissemination of this e-mail or its attachments by anyone other than an intended recipient is strictly prohibited. If you are not a named recipient, you are prohibited from any further viewing of the e-mail or its attachments or from making any use of same. If you believe you have received this e-mail in error, please 5/28/2019, 4:59 PMAMPHION Communications Mail - Re: HSBC v. Barrett, CACE12. https://mail.google.com/mail/u/27ik=3 18a472afa& view=pt&search=... notify the sender by replying to this email or calling the sender at (404) 994-7400 and delete the e-mail from any drives or storage media and destroy any print out(s) of this e-mail or its attachments. x Barrett loan mod application.pdf 21361K 5 of 5 5/28/2019, 4:59 PM