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Filing # 125730993 E-Filed 04/28/2021 08:49:28 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),
/
AMENDED 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 May 5, 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 of mortgage on October 18, 2019.
3 On January 6, 2021, this Honorable Court entered an order setting Non-Jury Trial for
May 5, 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
QUA AAMT DICTA
19-376234 - ViL
#** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/28/2021 08:49:28 AM.*###*
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 coronavirus disease (COVID-19),
Plaintiff has implemented policies in conformity to the CDC guidelines to minimize the risk of
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. As this is a U.S. Department of Housing and Urban Development backed loan,
Plaintiff is requesting that the scheduled non-jury trial be continued to a date after June 30, 2021.
8 The property is currently owner occupied.
9. Granting Plaintiff's request for a continuance will not severely prejudice any parties
to this action more than the denial will prejudice Plaintiff.
10. This Motion is made in good faith and not for the purposes of undue delay.
ROBERTSON, ANSCHUTZ, SCHNEID, CRANE
& PARTNERS, PLLC
Attomey 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
lsanchezbarcia@raslg.com
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 27 day of April, 2021.
ROBERTSON, ANSCHUTZ, SCHNEID, CRANE
& PARTNERS, PLLC
Attomey 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:
lsanchezbarcia@raslg.com
SERVICE LIST
ANDRE ST. STEVE KIFFIN
2126 N 32ND AVE
HOLLYWOOD, FL 33021
19-376234 - ViL
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Filing # 125730993 E-Filed 04/28/2021 08:49:28 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), / AMENDED 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 May 5, 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 of mortgage on October 18, 2019. 3 On January 6, 2021, this Honorable Court entered an order setting Non-Jury Trial for May 5, 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 QUA AAMT DICTA 19-376234 - ViL #** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/28/2021 08:49:28 AM.*###* 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 coronavirus disease (COVID-19), Plaintiff has implemented policies in conformity to the CDC guidelines to minimize the risk of 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. As this is a U.S. Department of Housing and Urban Development backed loan, Plaintiff is requesting that the scheduled non-jury trial be continued to a date after June 30, 2021. 8 The property is currently owner occupied. 9. Granting Plaintiff's request for a continuance will not severely prejudice any parties to this action more than the denial will prejudice Plaintiff. 10. This Motion is made in good faith and not for the purposes of undue delay. ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC Attomey 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 lsanchezbarcia@raslg.com 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 27 day of April, 2021. ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC Attomey 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: lsanchezbarcia@raslg.com SERVICE LIST ANDRE ST. STEVE KIFFIN 2126 N 32ND AVE HOLLYWOOD, FL 33021 19-376234 - ViL