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Filing # 132456075 E-Filed 08/11/2021 11:51:24 AM
IN THE CIRCUIT COURT OF THE SEVENTEENTH
JUDICIAL CIRCUIT IN AND FOR BROWARD
COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. CACE19021666
FREEDOM MORTGAGE CORPORATION,
Plaintiff,
VS.
ANDRE ST. STEVE KIFFIN, et. al.
Defendant(s),
1
PLAINTIFF'S MOTION FOR CONTINUANCE OF TRIAL
COMES NOW, Plaintiff, FREEDOM MORTGAGE CORPORATION, by and
through its undersigned counsel, and hereby files this, its Motion for Continuance of Trial
currently set for August 17,2021, and as grounds therefore, would state the following:
1. This matter arises out of an FHA Note and Mortgage originated by Andre St. Steve
Kiffin (hereinafter the "Borrower") on April 4, 2017, for the property located at 2126 N. 32nd
Avenue, Hollywood, Florida 33021 in the amount of $319,113.00 with the first payment due on
June 1,2017. The loan in default as of May 1, 2019.
2. Plaintiff filed its Complaint for foreclosure ofmortgage on October 18, 2019.
3. On May 5, 2021, this Honorable Court entered an order setting Non-Jury Trial for
August 27,2021 at 9:00am.
4. The three elements that the trial court should consider when ruling on a motion to
continue are (1) whether the movant suffers injustice from the denial of the motion, (2) whether
the underlying cause for the motion was unforeseen by the movant and whether the motion is
based on dilatory tactics; and (3) whether prejudice and injustice will befall the opposing party if
the motion is granted. Vollmer v. Key Dev. Properties, Inc., 966 So. 2d 1022, 1029 (Fla. 2d DCA
2007).
5. Pursuant to Mortgagee Letter 2020-04 issued on March 18, 2020 by the U.S.
Department of Housing and Urban Development, Plaintiff has placed this file on a temporary
hold.
6. Additionally, due to the current global pandemic of coronavirusdisease (COVID-19),
Plaintiff has implemented policies in conformity to the CDC guidelines to minimize the risk of
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19-376234 ViL -
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FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/11/2021 11:51:24 AM.****
infection within its office and to employees and their families, including, but not limited to,
avoiding all travel whenever possible within the United States.
7. The Plaintiff is verifying whether the Defendant has been affected by Covid.
Plaintiff is requesting that the scheduled non-jury trial be continued to a date after September 30,
2021.
8. Granting Plaintiff's request for a continuance will not severely prejudice any parties
to this action more than the denial will prejudice Plaintiff.
9. This Motion is made in good faith and not for the purposes of undue delay.
WHEREFORE, the Plaintiff respectfully requests that this Honorable Court grant its
Motion for Continuance of Trial, and for such other and further relief that this Court deems just
and proper.
ROBERTSON, ANSCHUTZ, SCHNEID, CRANE
& PARTNERS, PLLC
Attorney for Plaintiff
6409 Congress Ave., Suite 100
Boca Raton, FL 33487
Telephone: 561-241-6901
Facsimile: 561-997-6909
Service Email: flmail@raslg.com
By \S\Lourdes Sanchez Barcia-
Lourdes Sanchez Barcia, Esquire
Florida Bar No. 598461
Communication Email:
19-376234 ViL -
CERTIFICATE OF SERVICE
I hereby certify that a copy of the Motion for Continuance has been furnished to the
parties listed on the attached service list via Mail and/or E-mail in accordance with the
corresponding addresses listed therein on this 10 day of August, 2021.
ROBERTSON, ANSCHUTZ, SCHNEID, CRANE
& PARTNERS, PLLC
Attorney for Plaintiff
6409 Congress Ave., Suite 100
Boca Raton, FL 33487
Telephone: 561-241-6901
Facsimile: 561-997-6909
Service Email: flmail@raslg.com
By \S\Lourdes Sanchez Barcia-
Lourdes Sanchez Barcia, Esquire
Florida Bar No. 598461
Communication Email:
SERVICE LIST
ANDRE ST. STEVE KIFFIN
2126 N 32ND AVE
HOLLYWOOD, FL 33021
19-376234 ViL -
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Filing # 132456075 E-Filed 08/11/2021 11:51:24 AM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. CACE19021666 FREEDOM MORTGAGE CORPORATION, Plaintiff, VS. ANDRE ST. STEVE KIFFIN, et. al. Defendant(s), 1 PLAINTIFF'S MOTION FOR CONTINUANCE OF TRIAL COMES NOW, Plaintiff, FREEDOM MORTGAGE CORPORATION, by and through its undersigned counsel, and hereby files this, its Motion for Continuance of Trial currently set for August 17,2021, and as grounds therefore, would state the following: 1. This matter arises out of an FHA Note and Mortgage originated by Andre St. Steve Kiffin (hereinafter the "Borrower") on April 4, 2017, for the property located at 2126 N. 32nd Avenue, Hollywood, Florida 33021 in the amount of $319,113.00 with the first payment due on June 1,2017. The loan in default as of May 1, 2019. 2. Plaintiff filed its Complaint for foreclosure ofmortgage on October 18, 2019. 3. On May 5, 2021, this Honorable Court entered an order setting Non-Jury Trial for August 27,2021 at 9:00am. 4. The three elements that the trial court should consider when ruling on a motion to continue are (1) whether the movant suffers injustice from the denial of the motion, (2) whether the underlying cause for the motion was unforeseen by the movant and whether the motion is based on dilatory tactics; and (3) whether prejudice and injustice will befall the opposing party if the motion is granted. Vollmer v. Key Dev. Properties, Inc., 966 So. 2d 1022, 1029 (Fla. 2d DCA 2007). 5. Pursuant to Mortgagee Letter 2020-04 issued on March 18, 2020 by the U.S. Department of Housing and Urban Development, Plaintiff has placed this file on a temporary hold. 6. Additionally, due to the current global pandemic of coronavirusdisease (COVID-19), Plaintiff has implemented policies in conformity to the CDC guidelines to minimize the risk of 1111111111111111111111111111111111111111111111 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111 19-376234 ViL - *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/11/2021 11:51:24 AM.**** infection within its office and to employees and their families, including, but not limited to, avoiding all travel whenever possible within the United States. 7. The Plaintiff is verifying whether the Defendant has been affected by Covid. Plaintiff is requesting that the scheduled non-jury trial be continued to a date after September 30, 2021. 8. Granting Plaintiff's request for a continuance will not severely prejudice any parties to this action more than the denial will prejudice Plaintiff. 9. This Motion is made in good faith and not for the purposes of undue delay. WHEREFORE, the Plaintiff respectfully requests that this Honorable Court grant its Motion for Continuance of Trial, and for such other and further relief that this Court deems just and proper. ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC Attorney for Plaintiff 6409 Congress Ave., Suite 100 Boca Raton, FL 33487 Telephone: 561-241-6901 Facsimile: 561-997-6909 Service Email: flmail@raslg.com By \S\Lourdes Sanchez Barcia- Lourdes Sanchez Barcia, Esquire Florida Bar No. 598461 Communication Email: 19-376234 ViL - CERTIFICATE OF SERVICE I hereby certify that a copy of the Motion for Continuance has been furnished to the parties listed on the attached service list via Mail and/or E-mail in accordance with the corresponding addresses listed therein on this 10 day of August, 2021. ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC Attorney for Plaintiff 6409 Congress Ave., Suite 100 Boca Raton, FL 33487 Telephone: 561-241-6901 Facsimile: 561-997-6909 Service Email: flmail@raslg.com By \S\Lourdes Sanchez Barcia- Lourdes Sanchez Barcia, Esquire Florida Bar No. 598461 Communication Email: SERVICE LIST ANDRE ST. STEVE KIFFIN 2126 N 32ND AVE HOLLYWOOD, FL 33021 19-376234 ViL -