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* FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 11/14/2013 10:53:24 AM.****
nN
Electronically Filed 11/14/2013 10:53:28 AM ET
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
OF THE STATE OF FLORIDA, IN AND FOR BROWARD COUNTY, FLORIDA
Division: CIVIL
Local Case No.: CACE12034975
NATEIONSTAR MORTGAGE, LLC,
Plaintiff(s),
vs.
MARIA DELIMA, et al.,
Defendant(s).
/
EMERGENCY MOTION TO POSTPONE THE FORECLOSURE SALE
COMES NOW, MARIA DELIMA, (hereinafter “Defendant’), by and through
undersigned counsel, and hereby files this Emergency Motion to Postpone Foreclosure Sale,
and in support thereof states as follows:
The Defendant, MARIA DELIMA, through undersigned counsel submitted a complete
financial package to the Lender in support of Defendant’s modification request.
Defendant has submitted said financial package for the subject Joan to be reviewed for
the Making Home Affordable Program, considering that this is Defendant's homestead
property.
The financial package is currently under review for the Making Home Affordable
Program.
This review shall cause for all the Foreclosure proceedings to _be temporarily
suspended as per the U.S. Treasury’ loan modification program guidelines for the
Making Home Affordable Program which clearly require:
“Any foreclosure action... be temporarily suspended during the trial period, or
while borrowers are considered for alternative foreclosure prevention options.
Our Pile No.: ISFOR4889 1
MARRERO, TRIVEDI, CHAMIZO LAW. LP.
Merrick Pointe Building -3850 Bird Road, Suite 902, Miami, Florida 33146dn the event that the Home Affordable Modification or alternative foreclosure
options fail, the foreclosure action may be resumed.”
Furthermore, U.S. Treasury’ loan modification program guidelines section 3.3, for the
Making Home Affordable Program clearly requires:
“When a borrower submits a request for HAMP consideration after a foreclosure
sale date has been scheduled... the servicer must suspend the sale as necessary to
evaluate the borrower for HAMP.”
It is the policy of the State of Florida to encourage settlements and the public policy of
the state highly favors settlement agreements. Bonagura v. Home Depot, 991 So. 2d 902
(Fla. Dist. Ct. App. 1“ Dist. 2008). This policy, which is designed to discourage
litigation, applies even where a suit has been commenced over the controversy. De Witt
v. Miami Transit Co., 95 So. 2d 898 (Fla. 1957); Harper v. Strong, 135 Fla. 10, 184 So.
848 (1938),
A Court of equity is a forum for the administration of justice that may be resorted to
when, in good conscience, the Court should assume jurisdiction to preserve the elements
of justice. Thus a Court of equity is a Court of conscience and should not be shackled by
rigid rules of procedure, practice, or law. An equity Court will never be thwarted from
fashioning a decree that will do right and justice between the parties. River Holding Co.
v. Nickel, 62 So. 2d 702 (Fla. 1952); Chamberlain y. Chamberlain, 115 Fla. 21, 155 So.
136 (1934); Demorizi v. Demorizi, 851 So. 2d 168 (Fla. Dist. Ct. App. 3d Dist. 2003). In
this, the Defendant is respectfully requesting the Court to recognize the agreement
entered into by and between the parties and as such, stay the subject case.
Our Fite No.: 13FOR4889 2
MARRERO, TRIVEDI, CHAMIZO LAW, LP.
Merrick Pointe Building -3850 Bird Road, Suite 902, Miami, Florida 331467. Pursuant to the aforementioned, it is in the best interest of all parties, in accord with
current presidential objectives and the only true equitable remedy, that the Defendant’s
current mortgage loan be modified, enabling the Defendant to continue to reside in her
HOMESTEAD property.
8. Therefore, undersigned counsel respectfully requests a postponement of the Sale Date
scheduled for November 20, 2013, in order to allow for the completion of the ongoing
HAMP loan modification review.
9. Moreover, the Plaintiff will not be prejudiced from the brief extension requested because
it stands to recoup the entire amount owed to it if a settlement is reached.
10. The relief requested herein is made in good faith and not for the purpose of delaying
justice or for any other improper purpose.
WHEREFORE, the Defendant, MARIA DELIMA, respectfully request this Honorable
Court enter an order extending the sale date, and any other relief at law or equity that this
court may deem proper and permissible.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that this original motion has been sent to the Clerk of Courts for
filing and a true and correct copy has been fumished to RONALD R. WOLFE &
ASSOCIATES, P.L., eservice@wolfelawfl.com , on this\74 day of YN att) i)
Our File No.: 13FOR4889 3
MARRERO, TRIVED!, CHAMIZO LAW, LP.
Merrick Pointe Building -3850 Bird Road, Suite 902, Miami, Florida 33146Respectfully submitted,
MARRERO, TRIVEDI, CHAMIZO LAW, LP.
Attorney for the Defendant(s)
3850 Bird Road, Suite 902
Miami, Florida 33146
Telephone (305) 446-0163
Facsimile (305) 444-5538
By: __/s/ Julio C. Marrero
Julio C. Marrero, Esq.
Florida Bar No. 784664
Vanessa Chamizo, Esq.
Florida Bar No. 941921
Erick Trivedi, Esq.
Florida Bar No. 11464
forservice@marrerorealestatelaw.com
client.forservice@marrerorealestatelaw.com
Out File No,: [3FOR4889 4
MARRERO, TRIVEDI, CHAMIZO LAW, LP.
Merrick Pointe Building -3850 Bird Road, Suite 902, Miarni, Florida 33146
Preview
* FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 11/14/2013 10:53:24 AM.**** nN Electronically Filed 11/14/2013 10:53:28 AM ET IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR BROWARD COUNTY, FLORIDA Division: CIVIL Local Case No.: CACE12034975 NATEIONSTAR MORTGAGE, LLC, Plaintiff(s), vs. MARIA DELIMA, et al., Defendant(s). / EMERGENCY MOTION TO POSTPONE THE FORECLOSURE SALE COMES NOW, MARIA DELIMA, (hereinafter “Defendant’), by and through undersigned counsel, and hereby files this Emergency Motion to Postpone Foreclosure Sale, and in support thereof states as follows: The Defendant, MARIA DELIMA, through undersigned counsel submitted a complete financial package to the Lender in support of Defendant’s modification request. Defendant has submitted said financial package for the subject Joan to be reviewed for the Making Home Affordable Program, considering that this is Defendant's homestead property. The financial package is currently under review for the Making Home Affordable Program. This review shall cause for all the Foreclosure proceedings to _be temporarily suspended as per the U.S. Treasury’ loan modification program guidelines for the Making Home Affordable Program which clearly require: “Any foreclosure action... be temporarily suspended during the trial period, or while borrowers are considered for alternative foreclosure prevention options. Our Pile No.: ISFOR4889 1 MARRERO, TRIVEDI, CHAMIZO LAW. LP. Merrick Pointe Building -3850 Bird Road, Suite 902, Miami, Florida 33146dn the event that the Home Affordable Modification or alternative foreclosure options fail, the foreclosure action may be resumed.” Furthermore, U.S. Treasury’ loan modification program guidelines section 3.3, for the Making Home Affordable Program clearly requires: “When a borrower submits a request for HAMP consideration after a foreclosure sale date has been scheduled... the servicer must suspend the sale as necessary to evaluate the borrower for HAMP.” It is the policy of the State of Florida to encourage settlements and the public policy of the state highly favors settlement agreements. Bonagura v. Home Depot, 991 So. 2d 902 (Fla. Dist. Ct. App. 1“ Dist. 2008). This policy, which is designed to discourage litigation, applies even where a suit has been commenced over the controversy. De Witt v. Miami Transit Co., 95 So. 2d 898 (Fla. 1957); Harper v. Strong, 135 Fla. 10, 184 So. 848 (1938), A Court of equity is a forum for the administration of justice that may be resorted to when, in good conscience, the Court should assume jurisdiction to preserve the elements of justice. Thus a Court of equity is a Court of conscience and should not be shackled by rigid rules of procedure, practice, or law. An equity Court will never be thwarted from fashioning a decree that will do right and justice between the parties. River Holding Co. v. Nickel, 62 So. 2d 702 (Fla. 1952); Chamberlain y. Chamberlain, 115 Fla. 21, 155 So. 136 (1934); Demorizi v. Demorizi, 851 So. 2d 168 (Fla. Dist. Ct. App. 3d Dist. 2003). In this, the Defendant is respectfully requesting the Court to recognize the agreement entered into by and between the parties and as such, stay the subject case. Our Fite No.: 13FOR4889 2 MARRERO, TRIVEDI, CHAMIZO LAW, LP. Merrick Pointe Building -3850 Bird Road, Suite 902, Miami, Florida 331467. Pursuant to the aforementioned, it is in the best interest of all parties, in accord with current presidential objectives and the only true equitable remedy, that the Defendant’s current mortgage loan be modified, enabling the Defendant to continue to reside in her HOMESTEAD property. 8. Therefore, undersigned counsel respectfully requests a postponement of the Sale Date scheduled for November 20, 2013, in order to allow for the completion of the ongoing HAMP loan modification review. 9. Moreover, the Plaintiff will not be prejudiced from the brief extension requested because it stands to recoup the entire amount owed to it if a settlement is reached. 10. The relief requested herein is made in good faith and not for the purpose of delaying justice or for any other improper purpose. WHEREFORE, the Defendant, MARIA DELIMA, respectfully request this Honorable Court enter an order extending the sale date, and any other relief at law or equity that this court may deem proper and permissible. CERTIFICATE OF SERVICE I HEREBY CERTIFY that this original motion has been sent to the Clerk of Courts for filing and a true and correct copy has been fumished to RONALD R. WOLFE & ASSOCIATES, P.L., eservice@wolfelawfl.com , on this\74 day of YN att) i) Our File No.: 13FOR4889 3 MARRERO, TRIVED!, CHAMIZO LAW, LP. Merrick Pointe Building -3850 Bird Road, Suite 902, Miami, Florida 33146Respectfully submitted, MARRERO, TRIVEDI, CHAMIZO LAW, LP. Attorney for the Defendant(s) 3850 Bird Road, Suite 902 Miami, Florida 33146 Telephone (305) 446-0163 Facsimile (305) 444-5538 By: __/s/ Julio C. Marrero Julio C. Marrero, Esq. Florida Bar No. 784664 Vanessa Chamizo, Esq. Florida Bar No. 941921 Erick Trivedi, Esq. Florida Bar No. 11464 forservice@marrerorealestatelaw.com client.forservice@marrerorealestatelaw.com Out File No,: [3FOR4889 4 MARRERO, TRIVEDI, CHAMIZO LAW, LP. Merrick Pointe Building -3850 Bird Road, Suite 902, Miarni, Florida 33146