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Filing #75151717 E-Filed 07/18/2018 02:46:08 PM
IN THE CIRCUIT COURT OF THE
THIRTEENTH JUDICIAL CIRCUIT IN AND
FOR HILLSBOROUGH COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. 15-CA-010800
US BANK NATIONAL ASSOCIATION,
Plaintiff,
VS.
LUCIE ERIN SABINA, et al.
Defendant.
/
DEFENDANT, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS
NOMINEE FOR ACOUSTIC HOME LOANS, LLC’S, RESPONSE TO PLAINTIFEF’S
MOTION FOR SUMMARY JUDGMENT
The Defendant, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS
NOMINEE FOR ACOUSTIC HOME LOANS, LLC, by and through its undersigned attorney,
files this Response to Plaintiff, US. BANK NATIONAL ASSOCIATION’s, Motion for
Summary Judgment, and in support thereof states as follows:
Standard of Review for Summary Judgment
1 The burden of proving the non-existence of a genuine issue as to any material fact is on the
party who moves for summary judgment. Any doubt as to the either the genuineness of a
fact issue appearing on the face of the pleadings, or as to the materiality of the fact in issue,
will be resolved against the moving party, and the evidence presented will be construed
liberally in favor of the party opposing the motion. See 5 Am. Jur. Trials 105 (1966).
Before a court may grant summary judgment, the pleadings, affidavits, answers to
interrogatories, admissions, depositions and other materials as would be admissible in
evidence on the file show that there is no genuine issue as to any material fact and that the
moving party is entitled to a judgment as a matter of law. See Fla.R.Civ.P. 1.510(c). Stated, >
of! MA UUM
7/18/2018 2:46 PM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 1
otherwise, the burden is upon the party moving for summary judgment to show conclusively
the complete absence of any genuine issue of material fact. See Albelo v. S. Bell, 682 So.2d
1126 (Fla. 4th DCA 1996).
The Plaintiff must conclusively demonstrate that there is no genuine issue of material fact
within this action.
Defendant has an interest in the subject property described in the Complaint by virtue of that
certain Mortgage executed by LUCIE SABINA, dated May 19, 2005, and recorded in
Official Records Book 15022 at Page 1532, of the Official Records of Hillsborough County,
Florida.
Defendant requests to participate in any surplus arising in connection with this action.
Defendant’s Affidavit in Response to Plaintiff's Motion for Summary is attached hereto as
Exhibit A.
Conclusion
Defendant hereby files its response to Plaintiff's Motion for Summary Judgement. Defendant
requests this court to allow Defendant to participate in any surplus arising from this action.
WHEREFORE, Defendant, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,
INC., AS NOMINEE FOR ACOUSTIC HOME LOANS, LLC, respectfully moves this court to
direct any surplus funds from this action to Defendant, and to grant any such other remedy that
the Court deems just and proper.
By:
Mark Ho erg, Esquire
AKHTAR QURESHI, ESQ, Sou: Florida Bar No. 893021
FLBAR NO. 0113828 Communication Email:
mholmberg@rasflaw.com
17-030013 - AkQ
7/18/2018 2:46 PM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 2
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was mailed on this
ay of < jut , 2018, to the attached service list.
ROBERTSON, ANSCHUTZ & SCHNEID, P.L.
Attorney for Plaintiff
6409 Congress Ave., Suite 100
Boca Raton, FL 33487
Telephone: 561-241-6901
Facsimile: 561-997-6909
Service Email: mail@rasflaw.com
AKHTAR QURESHI, Es
“BAR NO. 011388 8
fe Mark Holmberg, Esquire
Florida Bar No. 893021
Communication Email:
mholmberg@rasflaw.com
SERVICE LIST
LUCIE ERIN SABINA A/K/A LUCIE SABINA
11080 WINTER CREST DRIVE
RIVERVIEW, FL 33569
GLAUSIER KNIGHT, PLLC
CHARLES E. GLAUDSIER, ESQ.
ATTORNEY FOR RIVERCREST COMMUNITY ASSOCIATION, INC.
C/O GLAUSIER KNIGHT, PLLC
400 NORTH ASHLEY DRIVE SUITE 2020
TAMPA, FL 33602
PRIMARY EMAIL: CGLAUSIER@GLAUSIERKNIGHT.COM
ROBERTSON, ANSCHUTZ & SCHNEID, P.L
MARK HOLMBERG, ESQ
ATTORNEY FOR MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC
C/O ROBERTSON, ANSCHUTZ & SCHNEID, P.L
6409 CONGRESS AVENUE, SUITE 100
BOCA RATON, FL 33487
PRIMARY EMAIL: MAIL@RASFLAW.COM
UNKNOWN SPOUSE OF LUCIE ERIN SABINA AKA LUCIE SABINA
11080 WINTER CREST DRIVE
17-030013 - AkKQ
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RIVERVIEW, FL 33569
ALDRIDGE | CONNORS, LLP
TARA CASTILLO
ATTORNEY FOR US BANK NATIONAL ASSOCIATION
C/O ALDRIDGE | CONNORS, LLP
1615 SOUTH CONGRESS AVENUE, SUITE 200
DELRAY BEACH, FL 33445
PRIMARY EMAIL: SERVICEMAIL@ACLAWLLP.COM
17-030013 - AkQ
7/18/2018 2:46 PM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 4
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Filing #75151717 E-Filed 07/18/2018 02:46:08 PM IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 15-CA-010800 US BANK NATIONAL ASSOCIATION, Plaintiff, VS. LUCIE ERIN SABINA, et al. Defendant. / DEFENDANT, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR ACOUSTIC HOME LOANS, LLC’S, RESPONSE TO PLAINTIFEF’S MOTION FOR SUMMARY JUDGMENT The Defendant, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR ACOUSTIC HOME LOANS, LLC, by and through its undersigned attorney, files this Response to Plaintiff, US. BANK NATIONAL ASSOCIATION’s, Motion for Summary Judgment, and in support thereof states as follows: Standard of Review for Summary Judgment 1 The burden of proving the non-existence of a genuine issue as to any material fact is on the party who moves for summary judgment. Any doubt as to the either the genuineness of a fact issue appearing on the face of the pleadings, or as to the materiality of the fact in issue, will be resolved against the moving party, and the evidence presented will be construed liberally in favor of the party opposing the motion. See 5 Am. Jur. Trials 105 (1966). Before a court may grant summary judgment, the pleadings, affidavits, answers to interrogatories, admissions, depositions and other materials as would be admissible in evidence on the file show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. See Fla.R.Civ.P. 1.510(c). Stated, > of! MA UUM 7/18/2018 2:46 PM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 1 otherwise, the burden is upon the party moving for summary judgment to show conclusively the complete absence of any genuine issue of material fact. See Albelo v. S. Bell, 682 So.2d 1126 (Fla. 4th DCA 1996). The Plaintiff must conclusively demonstrate that there is no genuine issue of material fact within this action. Defendant has an interest in the subject property described in the Complaint by virtue of that certain Mortgage executed by LUCIE SABINA, dated May 19, 2005, and recorded in Official Records Book 15022 at Page 1532, of the Official Records of Hillsborough County, Florida. Defendant requests to participate in any surplus arising in connection with this action. Defendant’s Affidavit in Response to Plaintiff's Motion for Summary is attached hereto as Exhibit A. Conclusion Defendant hereby files its response to Plaintiff's Motion for Summary Judgement. Defendant requests this court to allow Defendant to participate in any surplus arising from this action. WHEREFORE, Defendant, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR ACOUSTIC HOME LOANS, LLC, respectfully moves this court to direct any surplus funds from this action to Defendant, and to grant any such other remedy that the Court deems just and proper. By: Mark Ho erg, Esquire AKHTAR QURESHI, ESQ, Sou: Florida Bar No. 893021 FLBAR NO. 0113828 Communication Email: mholmberg@rasflaw.com 17-030013 - AkQ 7/18/2018 2:46 PM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was mailed on this ay of < jut , 2018, to the attached service list. ROBERTSON, ANSCHUTZ & SCHNEID, P.L. Attorney for Plaintiff 6409 Congress Ave., Suite 100 Boca Raton, FL 33487 Telephone: 561-241-6901 Facsimile: 561-997-6909 Service Email: mail@rasflaw.com AKHTAR QURESHI, Es “BAR NO. 011388 8 fe Mark Holmberg, Esquire Florida Bar No. 893021 Communication Email: mholmberg@rasflaw.com SERVICE LIST LUCIE ERIN SABINA A/K/A LUCIE SABINA 11080 WINTER CREST DRIVE RIVERVIEW, FL 33569 GLAUSIER KNIGHT, PLLC CHARLES E. GLAUDSIER, ESQ. ATTORNEY FOR RIVERCREST COMMUNITY ASSOCIATION, INC. C/O GLAUSIER KNIGHT, PLLC 400 NORTH ASHLEY DRIVE SUITE 2020 TAMPA, FL 33602 PRIMARY EMAIL: CGLAUSIER@GLAUSIERKNIGHT.COM ROBERTSON, ANSCHUTZ & SCHNEID, P.L MARK HOLMBERG, ESQ ATTORNEY FOR MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC C/O ROBERTSON, ANSCHUTZ & SCHNEID, P.L 6409 CONGRESS AVENUE, SUITE 100 BOCA RATON, FL 33487 PRIMARY EMAIL: MAIL@RASFLAW.COM UNKNOWN SPOUSE OF LUCIE ERIN SABINA AKA LUCIE SABINA 11080 WINTER CREST DRIVE 17-030013 - AkKQ 7/18/2018 2:46 PM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 3 RIVERVIEW, FL 33569 ALDRIDGE | CONNORS, LLP TARA CASTILLO ATTORNEY FOR US BANK NATIONAL ASSOCIATION C/O ALDRIDGE | CONNORS, LLP 1615 SOUTH CONGRESS AVENUE, SUITE 200 DELRAY BEACH, FL 33445 PRIMARY EMAIL: SERVICEMAIL@ACLAWLLP.COM 17-030013 - AkQ 7/18/2018 2:46 PM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 4