On September 22, 2009 a
Court Motion,Standing Order
was filed
involving a dispute between
Suntrust Mortgage,
Suntrust Mortgage Inc,
Wilmington Trust, National Association, As Trustee,
and
Bay Cities Bank,
Fifth Third Bank,
Morin, Kenneth I,
Morin, Mary Jo,
for Civil
in the District Court of Hillsborough County.
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_ \
99 .. up' :li
(Mm H' CO(.H9.1
IN THE CIRCUIT COURT
FOR I-HLLSBOROUGH COUNTY, FLORIDA 2HI9DEC 12 PH 3: 46
Case No. 09-CA-024214
Division H
"FS
WILMINGTON TRUST, NATIONAL ASSOCIATION,
not in its individual capacity but solely as
TRUSTEE FOR MFRA TRUST 2014-2,
Plaintiff;
vs.
KENNETH I. MORIN, et ad.,
Defendants.
/
ORDER ON DEFENDANTS KENNETH I. MORIN
AND MARY JO MORIN'S MOTION FOR STAY OF EXECUTION
OF UNIFORM JUDGMENT OF FORECLOSURE PENDING APPEAL
THIS CAUSE came on for a hearing on December 9, 2019, on Defendants Kenneth L
Morin and Mary Jo Morin's Motion for Stay of Execution of Unybrm Judgment of Foreclosure
Pending Appeal. Present at the hearing were Mark J. Be met on behalf of the Plaintiff, and Jesse
Lee Ray on behalf of the Defendant Kenneth I. Morin and Mary Jo Morin (together the
"Morins"). The Court has considered the motion and heard arguments of counsel. The Court
finds that the motion should be granted, as set forth herein. Accordingly, it is
ORDERED and DIRECTED as follows:
1. The motion is GRANTED as set forth herein.
2. The November 18, 2019 Uniform Final Judgment of Foreclosure ("Foreclosure
judgment"), and in particular the foreclosure side scheduled thereby for January 13, 2020, shall
be stayed, ON CONDITION THAT the Morons post a cash bond, or a surety bond with surety
approved by the clerk, in the amount of $1 10,000.00, by no later than January 9, 2020. The bond
i
41
shall be dedicated solely to read estate taxes on the mortgaged property for 2019 and beyond, and
also for insurance premiums for the mortgaged property for 2019 and beyond.
3. In the event that the Morins' appeal from the Foreclosure Judgment is not
concluded by December 31, 2021, then the Morins may stay of execution of the Foreclosure
Judgment by posting an additional cash or surety bond on the amount of $3,000 for each month
that they seek to extend the stay.
4. In the event the Morins fail to file an appropriate bond as set forth herein, then the
Plaintiff may file an affidavit setting forth the Morins' failure, and requesting that the Court re-
schedule the foreclosure sale of the mortgaged property.
IT IS SO ORDERED in Tampa, Florida, on December l " \ , 2019.
r
4Ì€ Lff>w
Perry A. Little, | edit Judge
Copies Furnished To:
Jesse Lee Ray, Esquire
13014 N. Dade Mabry Highway, Suite 315
Tampa, Florida 33618
~
i ray@iesse1eeray.corn
Finn Third Bank (Tampa Bay)
5050 Kingsley Drive
Cincinnati, Ohio 45227
Spurgeon Martin D. Stamps, III, Esquire
120 S. Willow Avenue
Ta1npa, Florida 33606
Mark J. Burnet, Esquire
Akennan LLP
401 E. Jackson St., Suite 1700
Tampa, FL 33602
mark.bernet@akerman.com
2
s l037897;l
Document Filed Date
December 13, 2019
Case Filing Date
September 22, 2009
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_ \ 99 .. up' :li (Mm H' CO(.H9.1 IN THE CIRCUIT COURT FOR I-HLLSBOROUGH COUNTY, FLORIDA 2HI9DEC 12 PH 3: 46 Case No. 09-CA-024214 Division H "FS WILMINGTON TRUST, NATIONAL ASSOCIATION, not in its individual capacity but solely as TRUSTEE FOR MFRA TRUST 2014-2, Plaintiff; vs. KENNETH I. MORIN, et ad., Defendants. / ORDER ON DEFENDANTS KENNETH I. MORIN AND MARY JO MORIN'S MOTION FOR STAY OF EXECUTION OF UNIFORM JUDGMENT OF FORECLOSURE PENDING APPEAL THIS CAUSE came on for a hearing on December 9, 2019, on Defendants Kenneth L Morin and Mary Jo Morin's Motion for Stay of Execution of Unybrm Judgment of Foreclosure Pending Appeal. Present at the hearing were Mark J. Be met on behalf of the Plaintiff, and Jesse Lee Ray on behalf of the Defendant Kenneth I. Morin and Mary Jo Morin (together the "Morins"). The Court has considered the motion and heard arguments of counsel. The Court finds that the motion should be granted, as set forth herein. Accordingly, it is ORDERED and DIRECTED as follows: 1. The motion is GRANTED as set forth herein. 2. The November 18, 2019 Uniform Final Judgment of Foreclosure ("Foreclosure judgment"), and in particular the foreclosure side scheduled thereby for January 13, 2020, shall be stayed, ON CONDITION THAT the Morons post a cash bond, or a surety bond with surety approved by the clerk, in the amount of $1 10,000.00, by no later than January 9, 2020. The bond i 41 shall be dedicated solely to read estate taxes on the mortgaged property for 2019 and beyond, and also for insurance premiums for the mortgaged property for 2019 and beyond. 3. In the event that the Morins' appeal from the Foreclosure Judgment is not concluded by December 31, 2021, then the Morins may stay of execution of the Foreclosure Judgment by posting an additional cash or surety bond on the amount of $3,000 for each month that they seek to extend the stay. 4. In the event the Morins fail to file an appropriate bond as set forth herein, then the Plaintiff may file an affidavit setting forth the Morins' failure, and requesting that the Court re- schedule the foreclosure sale of the mortgaged property. IT IS SO ORDERED in Tampa, Florida, on December l " \ , 2019. r 4Ì€ Lff>w Perry A. Little, | edit Judge Copies Furnished To: Jesse Lee Ray, Esquire 13014 N. Dade Mabry Highway, Suite 315 Tampa, Florida 33618 ~ i ray@iesse1eeray.corn Finn Third Bank (Tampa Bay) 5050 Kingsley Drive Cincinnati, Ohio 45227 Spurgeon Martin D. Stamps, III, Esquire 120 S. Willow Avenue Ta1npa, Florida 33606 Mark J. Burnet, Esquire Akennan LLP 401 E. Jackson St., Suite 1700 Tampa, FL 33602 mark.bernet@akerman.com 2 s l037897;l