On June 14, 2017 a
Motion,Ex Parte
was filed
involving a dispute between
U.S. Bank, National Association,
and
10283 Ljj, Inc,
Matus, Berta,
Matus, Oscar D,
Milan By Lennar Homeowners Association, Inc.,
Matus, Berta Ines,
for RPMF -Non-Homestead ($250,000 or more)
in the District Court of Miami-Dade County.
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Filing # 88064587 E-Filed 04/16/2019 03:24:31 PM
IN THE CIRCUIT COURT OF THE ELEVENTH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE,
COUNTY, FLORIDA.
CASE NO. 2017-014302-CA-O1
U.S. BANK, NATIONAL ASSOCIATION AS LEGAL,
TITLE TRUSTEE FOR TRUMAN 2016 SC6 TITLE
TRUST,
Plaintiff,
vs.
10283 LJJ, INC.; OSCAR D. MATUS; MILAN BY
LENNAR HOMEOWNERS ASSOCIATION, INC.;
BERTA MATUS A/K/A BERTA INES MATUS;
UNKNOWN TENANT NO. 1; UNKNOWN TENANT
NO. 2; and ALL UNKNOWN PARTIES CLAIMING
INTERESTS BY, THROUGH, UNDER OR AGAINST
A NAMED DEFENDANT TO THIS ACTION, OR
HAVING OR CLAIMING TO HAVE ANY RIGHT,
TITLE OR INTEREST IN THE PROPERTY HEREIN
DESCRIBED,
Defendant(s).
MOTION FOR LEAVE FOR PLAINTIFF'S REPRESENTATIVE TO APPEAR AT MEDIATION
TELEPHONICALLY
Plaintiff, by and through its undersigned counsel, files this Motion for Leave for Plaintiffs
Representative to Appear at Mediation Telephonically in the above captioned case and in support thereof
states:
1. The instant case is a pending foreclosure matter in which the Defendant
Homeowner/Borrower(s) defaulted in the payment of the subject Note and Mortgage.
2. The parties have been ordered to mediation. It would be in the best interest of all parties
for the Plaintiff's representative to be granted leave to appear at mediation telephonically.
BACKGROUND
3. In dealing with the current mortgage crisis, lenders and Servicers throughout the Country
have established loss mitigation policies. The Federal Government has also enacted loss mitigationlegislation. The intent of these polices and Jegislation is to resolve defaulted loans with as many borrower-
homeowners as possible which will allow the homeowner to retain ownership of their property, and reduce
the backlog of cases in the Courts.
4 Lenders and Servicers have established guidelines which are designed to effectively
identify and offer a number of settlement opportunities, including but not limited to (i) loan modification,
(i) stipulation-to-modification, (ii) deed in lieu of foreclosure (iv) stipulation-to-reinstatement and (v) short
sale.
5. Lenders and Servicers utilize and rely upon internal loss mitigation processes and
computer technology to evaluate settlement opportunities and facilitate settlement.
6. The recent changes to foreclosure filing fees together with the cost associated with
mediation have created a significant increase in the costs associated with foreclosure cases.
TELEPHONIC APPEARANCE
7. In light of the cost associated with attendance at mediation, it is in the best interest of all
parties to mediate this matter in the most cost efficient manner.
8. The nature of a settlement in a mortgage foreclosure case involves running calculations
and settlement options within standards established in the Plaintiffs computerized servicing systems. As
such, there is no benefit to face-to-face mediation.
9. Meaningful mediation would be best accomplished by using telephonic means. The
representative will have full settlement authority. :
10. Plaintiff represents that it will use its best efforts to coordinate mediation with all parties.
WHEREFORE, Plaintiff respectively requests this court grant Motion for Leave for Plaintiff's
Representative to Appear at Mediation Telephonically, and for any other relief deemed appropriate.CERTIFICATE OF SERVICE
THEREBY CERTIPY that a true and correct copy of the foregoing has been furnished by regular
U.S. Mail, Facsimile, or electronic mail this 1U_ of t I oY | | 2019 to all parties on the attached
service list. All parties for whom an e-mail address has not been designated or a mailing address is not
available are hereby notified that a copy of the served document may be obtained, on request, from the clerk
of the court or from the party serving the document.
SHD Legal Group P.A.
Attomeys for Plaintiff
499 NW 70th Ave., Suite 309
Fort Lauderdale, FL 33317
Telephone: (954) 564-0071
Facsimile: (954) 564-9252
Service E-mail: answers@shdlegalgroup.com
By:
Greg H. Rosenthal
Florida Bar No.: 955884
Roy Diaz, Attorney of Record
Florida Bar No. 767700
1460-161435 / IMMSERVICE LIST
Case No. 2017-014302-CA-01
OSCAR D. MATUS
880 SW 124TH COURT
MIAMI, FL 33184
UNKNOWN TENANT NO. 1
N/K/A NICHOLAS FRIAS.
10283 NW 30TH TER
DORAL, FL 33172
UNKNOWN TENANT NO. 2
N/K/A JOSE REYES
10283 NW30TH TER
DORAL, FL 33172
H. Dillon Graham, III, Esquire
Attorney for 10283 LJJ, INC.
814 Ponce de Leon Boulevard, Suite 410
Coral Gables, FL 33134
Email Address: eservice@grahamlegalpa.com
BERTA MATUS
A/K/A BERTA INES MATUS
10283 NW 30TH TERRACE
DORAL, FL 33172
HOLLY M HAMILTON ESQ
Attorney for MILAN BY LENNAR
HOMEOWNERS ASSOCIATION, INC.
550 NE 124TH STREET
NORTH MIAMI, FL 33161
Email Address: service@wjblegal.com
Email Address2: holly@wjblegal.com
Document Filed Date
April 16, 2019
Case Filing Date
June 14, 2017
Category
RPMF -Non-Homestead ($250,000 or more)
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Filing # 88064587 E-Filed 04/16/2019 03:24:31 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE, COUNTY, FLORIDA. CASE NO. 2017-014302-CA-O1 U.S. BANK, NATIONAL ASSOCIATION AS LEGAL, TITLE TRUSTEE FOR TRUMAN 2016 SC6 TITLE TRUST, Plaintiff, vs. 10283 LJJ, INC.; OSCAR D. MATUS; MILAN BY LENNAR HOMEOWNERS ASSOCIATION, INC.; BERTA MATUS A/K/A BERTA INES MATUS; UNKNOWN TENANT NO. 1; UNKNOWN TENANT NO. 2; and ALL UNKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH, UNDER OR AGAINST A NAMED DEFENDANT TO THIS ACTION, OR HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE PROPERTY HEREIN DESCRIBED, Defendant(s). MOTION FOR LEAVE FOR PLAINTIFF'S REPRESENTATIVE TO APPEAR AT MEDIATION TELEPHONICALLY Plaintiff, by and through its undersigned counsel, files this Motion for Leave for Plaintiffs Representative to Appear at Mediation Telephonically in the above captioned case and in support thereof states: 1. The instant case is a pending foreclosure matter in which the Defendant Homeowner/Borrower(s) defaulted in the payment of the subject Note and Mortgage. 2. The parties have been ordered to mediation. It would be in the best interest of all parties for the Plaintiff's representative to be granted leave to appear at mediation telephonically. BACKGROUND 3. In dealing with the current mortgage crisis, lenders and Servicers throughout the Country have established loss mitigation policies. The Federal Government has also enacted loss mitigationlegislation. The intent of these polices and Jegislation is to resolve defaulted loans with as many borrower- homeowners as possible which will allow the homeowner to retain ownership of their property, and reduce the backlog of cases in the Courts. 4 Lenders and Servicers have established guidelines which are designed to effectively identify and offer a number of settlement opportunities, including but not limited to (i) loan modification, (i) stipulation-to-modification, (ii) deed in lieu of foreclosure (iv) stipulation-to-reinstatement and (v) short sale. 5. Lenders and Servicers utilize and rely upon internal loss mitigation processes and computer technology to evaluate settlement opportunities and facilitate settlement. 6. The recent changes to foreclosure filing fees together with the cost associated with mediation have created a significant increase in the costs associated with foreclosure cases. TELEPHONIC APPEARANCE 7. In light of the cost associated with attendance at mediation, it is in the best interest of all parties to mediate this matter in the most cost efficient manner. 8. The nature of a settlement in a mortgage foreclosure case involves running calculations and settlement options within standards established in the Plaintiffs computerized servicing systems. As such, there is no benefit to face-to-face mediation. 9. Meaningful mediation would be best accomplished by using telephonic means. The representative will have full settlement authority. : 10. Plaintiff represents that it will use its best efforts to coordinate mediation with all parties. WHEREFORE, Plaintiff respectively requests this court grant Motion for Leave for Plaintiff's Representative to Appear at Mediation Telephonically, and for any other relief deemed appropriate.CERTIFICATE OF SERVICE THEREBY CERTIPY that a true and correct copy of the foregoing has been furnished by regular U.S. Mail, Facsimile, or electronic mail this 1U_ of t I oY | | 2019 to all parties on the attached service list. All parties for whom an e-mail address has not been designated or a mailing address is not available are hereby notified that a copy of the served document may be obtained, on request, from the clerk of the court or from the party serving the document. SHD Legal Group P.A. Attomeys for Plaintiff 499 NW 70th Ave., Suite 309 Fort Lauderdale, FL 33317 Telephone: (954) 564-0071 Facsimile: (954) 564-9252 Service E-mail: answers@shdlegalgroup.com By: Greg H. Rosenthal Florida Bar No.: 955884 Roy Diaz, Attorney of Record Florida Bar No. 767700 1460-161435 / IMMSERVICE LIST Case No. 2017-014302-CA-01 OSCAR D. MATUS 880 SW 124TH COURT MIAMI, FL 33184 UNKNOWN TENANT NO. 1 N/K/A NICHOLAS FRIAS. 10283 NW 30TH TER DORAL, FL 33172 UNKNOWN TENANT NO. 2 N/K/A JOSE REYES 10283 NW30TH TER DORAL, FL 33172 H. Dillon Graham, III, Esquire Attorney for 10283 LJJ, INC. 814 Ponce de Leon Boulevard, Suite 410 Coral Gables, FL 33134 Email Address: eservice@grahamlegalpa.com BERTA MATUS A/K/A BERTA INES MATUS 10283 NW 30TH TERRACE DORAL, FL 33172 HOLLY M HAMILTON ESQ Attorney for MILAN BY LENNAR HOMEOWNERS ASSOCIATION, INC. 550 NE 124TH STREET NORTH MIAMI, FL 33161 Email Address: service@wjblegal.com Email Address2: holly@wjblegal.com