Preview
Filing #47265846 E-Filed 10/04/2016 04:08:34 PM
IN THE CIRCUIT COURT OF THB LHURI BEN 1H JUUIULAL ULRUULL
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA.
Central Mortgage Company GENERAL JURISDICTION DIVISION
Plaintiff,
VS. Case No. 09-CA-014752
John Burgess, Lynndranette Guzman.
Defendants.
/
PLAINTIFF'S AMENDED MOTION CONSOLIDATE CASES
Plaintiff, Central Mortgage Company, by and through its undersigned counsel, files its Motion
to Consolidate Cases, and in support thereof states as follows:
1 On or about June 10, 2009, Central Mortgage Company, filed the instant action to
foreclose on the subject property.
2 A separate action was filed as a re-foreclosure action on July 13, 2012, bearing case
number 2012-CA-011149 (hereinafter referred to as “2012 case”). Defendant, Lynndranette Guzman,
‘was omitted from the 2009 case, as it was later determined Guzman acquired an ownership interest by
Quit Claim Deed just days before the action was filed.
3 A Final Judgment in Foreclosure that does not include an owner is void. Community
Federal Savings & Loan Assoc. of Palm Beaches v. Wright, 452 So.2d 638, 641 Fla. 4" DCA 1984)
(judgment for foreclosure is void because the [owner] was never made a party.); English v. Bankers Trust
Company of California, N.A., 895 So.2d 1120, 1121 (Fla. 4" DCA 2005) (foreclosure sale is void for
failure to join the fee simple owner.)
4. In this action, Final Judgment was entered January 21, 2010, vacated by order of October
13, 2010, but that order was vacated by order of November 18, 2011, denying Plaintiff's Motion for
Summary Judgment, but further vacating the Final Judgment, foreclosure sale and Certificate of Title.
5 On June 17, 2010, an Amended Complaint was filed and additional summons were issued.
On July 2, 2010 an order was entered vacating the Final Judgment, sale and Certificate of Title. It does
not appear that order was ever vacated and the motion to reconsider the ruling was denied by order of
Case No. 2009-CA-014752 File # 11-F00442
10/04/2016 4:08 PM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 1
September 7, 2010.
6 If consolidation of the 2009 and 2012 cases is granted, the note and mortgage having been
transferred to the 2012 case by order February 13, 2015, all of the necessary parties and documents are
now properly before this Court for final disposition of this foreclosure action by judgment and sale, as the
Final Judgment in this case, whether actually vacated or not, is void.
7 Plaintiff is requesting that this action be consolidated with the 2012 case for the reasons
set forth above and in order to obtain a valid judgnient and sale.
WHEREFORE, Plaintiff requests an Order consolidating this case with the re-foreclosure
action, 2012-CA-14752, allow the case to move to a valid judgment with all necessary parties before the
court and the granting of such other and further relief as this Courtmay deem just and proper.
CERTIFICATE OF SERVICE
IHEREBY CERTIFY that a true and correct copy hereof was served electronically or via U.S.
Mail on ke 4 , 2016 to all persons shown on the following service list.
BROCK & SCOTT, PLLC
Attorney for Plaintiff
1501 N.W. 49" Street, Suite 200
Ft. Lauderdale, FL 33309
Y;
Phone: (954) 618-6955
Fax: (954) 618- 954
‘ourtDoés@ pc} dsco
By pile tye.
AVAtfiam Cobb, Esq,
1 rt
Florida Bar No, 342630
SERVICE LIST
The following persons were served by U.S. m:
John Burgess
Unknown Spouse of John Burgess nka Charles Mathews
4142 Mariner Blvd. #238
Spring Hill, FL 34609
Lynndranette Guzman
11721 Linden Drive
Springs Hill, FL 34608
Montrose Property Management, LLC
c/o Mike Kingery, Registered Agent
Case No. 2009-CA-014752 File # 11-F00442
10/04/2016 4:08 PM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 2
2851 Star Ridge Court
Montrose, CO 81401
Greg Brewton
Unknown Spouse of Greg Brewton nka Mantzo Brewton
1234 4® Street
Montrose, CO 81401
Unknown Tenant #1 nka Sharon Lawrence
9702 19th STN.
Tampa, FL 33612
Unknown Tenant #2 nka Cornelius Green
9702 19th STN.
Tampa, FL 33612
Case No. 2009-CA-014752 File # 11-F00442
10/04/2016 4:08 PM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 3
doe,
,
IN THE CIRCUIT COURT OF THE
THIRTEENTH JUDICIAL CIRCUIT OF
FLORIDA IN AND FOR HILLSBOROUGH
COUNTY CASE NO. 09-ca-014752
CENTRAL MORTGAGE COMPANY,
Plaintiff,
Vs.
ORDER GRANTING MOTION TO VACATE FINAL
JUDGMENT OF MORTGAGE FORECLOSURE,
FORECLOSURE SALE AND CERTIFICATE OF TITLE
GREG BREWTON, et al
Defendants.
THIS CAUSE came before the court upon the Motion of Plaintiff to Vacate
Certificate of Title, Foreclosure Sale and Final Judgment of Mortgage Foreclosure. The:
on
Court being duly advised in the premises, it is: w
ORDERED AND ADJUDGED that the Certificate of Title issued on March 9, 2010
and recorded in Official Records Book 19766 page 1084 is hereby vacated.
ORDERED AND ADJUDGED that the Foreclosure Sale of February 24, 2010 is
hereby vacated.
ORDERED AND ADJUDGED that the Final Judgment of Mortgage Foreclosure
Mayo
ordered January 21, 2010 is hereby vacated.
DONE AND ORDERED at HILLSBOROUGH county Florida this
OUT 2010.
Court Sudge
Copies to: Glenn Ziegler, Esq., 2901 Stirling Road, Suite 300, Fort Laittérdale, Florida. 33012,
GREG BI
1234 4TH ST,
MONTROSE, CO 81401 INSTRUMENT#: 2010358023, O BK 20153
PG 1817-1817 10/21/2010 at 10:47:58 AN,
UNKNOWN SPOUSE OF GREG BREWTON DEPUTY CLERK: DJOHNSON Pat Frank, Clerk
AKA MENTZO BREWTON of the Circuit Court Hillsborough County
1234 4TH ST,
MONTROSE, CO 81401
UNKNOWN TENANT #1 AKA SHARON LAWRENCE
9702 ISTH STN,
TAMPA, FL 33612
UNKNOWN TENANT #2 AKA CORNELIUS GREEN RETURN TO CIRGUIT Civil,
9702 19TH ST N, TAMPA, FL 33612
Our file 71169 | thr
10/04/2016 4:08 PM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 4
Preview
Filing #47265846 E-Filed 10/04/2016 04:08:34 PM IN THE CIRCUIT COURT OF THB LHURI BEN 1H JUUIULAL ULRUULL IN AND FOR HILLSBOROUGH COUNTY, FLORIDA. Central Mortgage Company GENERAL JURISDICTION DIVISION Plaintiff, VS. Case No. 09-CA-014752 John Burgess, Lynndranette Guzman. Defendants. / PLAINTIFF'S AMENDED MOTION CONSOLIDATE CASES Plaintiff, Central Mortgage Company, by and through its undersigned counsel, files its Motion to Consolidate Cases, and in support thereof states as follows: 1 On or about June 10, 2009, Central Mortgage Company, filed the instant action to foreclose on the subject property. 2 A separate action was filed as a re-foreclosure action on July 13, 2012, bearing case number 2012-CA-011149 (hereinafter referred to as “2012 case”). Defendant, Lynndranette Guzman, ‘was omitted from the 2009 case, as it was later determined Guzman acquired an ownership interest by Quit Claim Deed just days before the action was filed. 3 A Final Judgment in Foreclosure that does not include an owner is void. Community Federal Savings & Loan Assoc. of Palm Beaches v. Wright, 452 So.2d 638, 641 Fla. 4" DCA 1984) (judgment for foreclosure is void because the [owner] was never made a party.); English v. Bankers Trust Company of California, N.A., 895 So.2d 1120, 1121 (Fla. 4" DCA 2005) (foreclosure sale is void for failure to join the fee simple owner.) 4. In this action, Final Judgment was entered January 21, 2010, vacated by order of October 13, 2010, but that order was vacated by order of November 18, 2011, denying Plaintiff's Motion for Summary Judgment, but further vacating the Final Judgment, foreclosure sale and Certificate of Title. 5 On June 17, 2010, an Amended Complaint was filed and additional summons were issued. On July 2, 2010 an order was entered vacating the Final Judgment, sale and Certificate of Title. It does not appear that order was ever vacated and the motion to reconsider the ruling was denied by order of Case No. 2009-CA-014752 File # 11-F00442 10/04/2016 4:08 PM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 1 September 7, 2010. 6 If consolidation of the 2009 and 2012 cases is granted, the note and mortgage having been transferred to the 2012 case by order February 13, 2015, all of the necessary parties and documents are now properly before this Court for final disposition of this foreclosure action by judgment and sale, as the Final Judgment in this case, whether actually vacated or not, is void. 7 Plaintiff is requesting that this action be consolidated with the 2012 case for the reasons set forth above and in order to obtain a valid judgnient and sale. WHEREFORE, Plaintiff requests an Order consolidating this case with the re-foreclosure action, 2012-CA-14752, allow the case to move to a valid judgment with all necessary parties before the court and the granting of such other and further relief as this Courtmay deem just and proper. CERTIFICATE OF SERVICE IHEREBY CERTIFY that a true and correct copy hereof was served electronically or via U.S. Mail on ke 4 , 2016 to all persons shown on the following service list. BROCK & SCOTT, PLLC Attorney for Plaintiff 1501 N.W. 49" Street, Suite 200 Ft. Lauderdale, FL 33309 Y; Phone: (954) 618-6955 Fax: (954) 618- 954 ‘ourtDoés@ pc} dsco By pile tye. AVAtfiam Cobb, Esq, 1 rt Florida Bar No, 342630 SERVICE LIST The following persons were served by U.S. m: John Burgess Unknown Spouse of John Burgess nka Charles Mathews 4142 Mariner Blvd. #238 Spring Hill, FL 34609 Lynndranette Guzman 11721 Linden Drive Springs Hill, FL 34608 Montrose Property Management, LLC c/o Mike Kingery, Registered Agent Case No. 2009-CA-014752 File # 11-F00442 10/04/2016 4:08 PM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 2 2851 Star Ridge Court Montrose, CO 81401 Greg Brewton Unknown Spouse of Greg Brewton nka Mantzo Brewton 1234 4® Street Montrose, CO 81401 Unknown Tenant #1 nka Sharon Lawrence 9702 19th STN. Tampa, FL 33612 Unknown Tenant #2 nka Cornelius Green 9702 19th STN. Tampa, FL 33612 Case No. 2009-CA-014752 File # 11-F00442 10/04/2016 4:08 PM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 3 doe, , IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR HILLSBOROUGH COUNTY CASE NO. 09-ca-014752 CENTRAL MORTGAGE COMPANY, Plaintiff, Vs. ORDER GRANTING MOTION TO VACATE FINAL JUDGMENT OF MORTGAGE FORECLOSURE, FORECLOSURE SALE AND CERTIFICATE OF TITLE GREG BREWTON, et al Defendants. THIS CAUSE came before the court upon the Motion of Plaintiff to Vacate Certificate of Title, Foreclosure Sale and Final Judgment of Mortgage Foreclosure. The: on Court being duly advised in the premises, it is: w ORDERED AND ADJUDGED that the Certificate of Title issued on March 9, 2010 and recorded in Official Records Book 19766 page 1084 is hereby vacated. ORDERED AND ADJUDGED that the Foreclosure Sale of February 24, 2010 is hereby vacated. ORDERED AND ADJUDGED that the Final Judgment of Mortgage Foreclosure Mayo ordered January 21, 2010 is hereby vacated. DONE AND ORDERED at HILLSBOROUGH county Florida this OUT 2010. Court Sudge Copies to: Glenn Ziegler, Esq., 2901 Stirling Road, Suite 300, Fort Laittérdale, Florida. 33012, GREG BI 1234 4TH ST, MONTROSE, CO 81401 INSTRUMENT#: 2010358023, O BK 20153 PG 1817-1817 10/21/2010 at 10:47:58 AN, UNKNOWN SPOUSE OF GREG BREWTON DEPUTY CLERK: DJOHNSON Pat Frank, Clerk AKA MENTZO BREWTON of the Circuit Court Hillsborough County 1234 4TH ST, MONTROSE, CO 81401 UNKNOWN TENANT #1 AKA SHARON LAWRENCE 9702 ISTH STN, TAMPA, FL 33612 UNKNOWN TENANT #2 AKA CORNELIUS GREEN RETURN TO CIRGUIT Civil, 9702 19TH ST N, TAMPA, FL 33612 Our file 71169 | thr 10/04/2016 4:08 PM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 4