Preview
Filing # 125426325 E-Filed 04/22/2021 01:42:44 PM
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),
/
PLAINTIFF'S MOTION FOR CONTINUANCE OF TRIAL SET FOR MAY 5, 2021
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. 32Md 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
DUNT IU DICTA TATA
19-376234 - ViL
#** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/22/2021 01:42:43 PM.**#*
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, Inec., 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 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.
19-376234 - ViL
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:
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 22 day of April 2021.
ROBERTSON, ANSCHUTZ, SCHNEID, CRANE &
PARTNERS, PLLC
Attorney for Plaintiff
6409 Congress
Ave., Suite 100
Boca FL 33487
Raton,
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
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
ANDRE ST. STEVE KIFFIN
2126 N 32ND AVE
HOLLYWOOD, FL 33021
19-376234 - ViL
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),
ORDER UPON PLAINTIFF’S MOTION FOR CONTINUANCE OF TRIAL
THIS CAUSE, having come before the Court upon Plaintiff’s Motion
for Continuance of Trial, and the Court being fully advised in the
premises, it is thereupon:
ORDERED AND ADJUDGED
That Plaintiff's Motion for Continuance of Trial is hereby
DONE AND ORDERED at FORT LAUDERDALE, BROWARD COUNTY, FLORIDA this
day of , 20
CIRCUIT JUDGE
SERVICE LIST:
ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC
6409 CONGRESS AVE., SUITE 100
BOCA RATON, FL 33487
FLMAIL@RASLG.COM
ANDRE ST. STEVE KIFFIN
2126 N 32ND AVE
HOLLYWOOD, FL 33021
19-376234 - ViL
Preview
Filing # 125426325 E-Filed 04/22/2021 01:42:44 PM 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), / PLAINTIFF'S MOTION FOR CONTINUANCE OF TRIAL SET FOR MAY 5, 2021 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. 32Md 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 DUNT IU DICTA TATA 19-376234 - ViL #** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/22/2021 01:42:43 PM.**#* 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, Inec., 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 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. 19-376234 - ViL 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: 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 22 day of April 2021. ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC Attorney for Plaintiff 6409 Congress Ave., Suite 100 Boca FL 33487 Raton, 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 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 ANDRE ST. STEVE KIFFIN 2126 N 32ND AVE HOLLYWOOD, FL 33021 19-376234 - ViL 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), ORDER UPON PLAINTIFF’S MOTION FOR CONTINUANCE OF TRIAL THIS CAUSE, having come before the Court upon Plaintiff’s Motion for Continuance of Trial, and the Court being fully advised in the premises, it is thereupon: ORDERED AND ADJUDGED That Plaintiff's Motion for Continuance of Trial is hereby DONE AND ORDERED at FORT LAUDERDALE, BROWARD COUNTY, FLORIDA this day of , 20 CIRCUIT JUDGE SERVICE LIST: ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC 6409 CONGRESS AVE., SUITE 100 BOCA RATON, FL 33487 FLMAIL@RASLG.COM ANDRE ST. STEVE KIFFIN 2126 N 32ND AVE HOLLYWOOD, FL 33021 19-376234 - ViL