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Filing # 104117916 E-Filed 02/28/2020 05:01:27 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
FREEDOM MORTGAGE CORPORATION CASE NO.: CACE 19-021666
Plaintiff,
VS.
ANDRE ST STEVE KIFFIN
Defendant.
MOTION TO VACATE DEFAULT
COMES NOW, Defendant, ANDRE ST STEVE KIFFIN, by and through his
undersigned counsel, and pursuant to Fla. R. Civ. P. 1.540(b) hereby files this Motion to Vacate
Default and in support thereof, states as follows:
1 On or about November 4, 2019, Defendant, ANDRE ST STEVE KIFFIN, was
allegedly served with Plaintiff's Complaint.
2. Defendant had been unable to locate affordable counsel to represent him in the
instant foreclosure action until now.
3 As aresult, a default was entered on December 4, 2019 against the Defendant.
4 On December 19, 2019, this Court issued an Order setting case for trial on March 4,
2020.
5 Undersigned counsel has recently been retained by Defendant to handle this case. A
Notice of Appearance and a Motion for Continuance have been filed.
#** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/28/2020 05:01:27 PM.**#**
6. Fla. R. Civ. P. 1.540(b) states, in relevant part: “On motion and upon such terms as
are just, the court may relieve a party or a party's legal representative from a final judgment, decree,
order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable
neglect.”
7 Per Richards v. Crowder, 191 So.3d 524 (Fla. 4° DCA 2016), “Florida courts have
recognized that illness or psychological conditions, as well as difficulties with reading and
comprehending, can form the basis of a finding of excusable neglect warranting relief from
judgment.”
8 Defendant contacted the bank and requested more time to allow him to negotiate a
settlement with the bank. Defendant was under the impression that by contacting the bank and
requesting more time, he had acted with due diligence and no further action was required on his
part.
9 Defendant’s inexperience with the legal proceedings and difficulty with reading and
understanding the pleadings can form a basis of finding of excusable neglect.
10. Defendant’s failure to timely file a responsive pleading was due to excusable
neglect.
11. Defendant is currently attempting to settle this case with Plaintiff. Defendant has
submitted a short sale package to Plaintiff on February 20, 2020.
12. Defendant has meritorious defenses to the underlying action and will file an Answer
and Affirmative Defenses accordingly.
13. Defendant has acted with due diligence in seeking relief from the default by
retaining the undersigned to represent him in this lawsuit prior to trial.
Page 2 of 3
14. As such, Defendants respectfully request entry of an Order Vacating the Default
entered on December 4, 2019.
WHEREFORE, the Defendant hereby moves this Court for an Order vacating the default
entered on December 4, 2019 against Defendant, ANDRE ST STEVE KIFFIN, giving the
Defendant an opportunity to defend himself against the action and any other relief that this Court
deems to be just and appropriate.
RESPECTFULLY SUBMITTED,
/s/ Rosalind J. Matos, Esquire
ROSALIND J. MATOS, ESQUIRE
MATOS LEGAL, PLLC
Attomey for Defendant
2645 Executive Park Drive, Suite 676
Weston, FL 33331
rosalind@matoslegal.com
Telephone: (954) 531-5658
Florida Bar No.: 474967
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was filed with the
Clerk of the Court via E-Filing Portal and served via ePortal E-Mail to: Jonathan Meisels, Esq.
Robertson, Anschutz & Schneid, P.L., 6409 Congress Avenue, Suite 100, Boca Raton, FL 33487,
mail@rasflaw.com, on this 28" day of February 2020.
/s/ Rosalind J. Matos, Esquire
ROSALIND J. MATOS, ESQUIRE
Florida Bar No.: 474967
Page 3 of 3
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Filing # 104117916 E-Filed 02/28/2020 05:01:27 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA FREEDOM MORTGAGE CORPORATION CASE NO.: CACE 19-021666 Plaintiff, VS. ANDRE ST STEVE KIFFIN Defendant. MOTION TO VACATE DEFAULT COMES NOW, Defendant, ANDRE ST STEVE KIFFIN, by and through his undersigned counsel, and pursuant to Fla. R. Civ. P. 1.540(b) hereby files this Motion to Vacate Default and in support thereof, states as follows: 1 On or about November 4, 2019, Defendant, ANDRE ST STEVE KIFFIN, was allegedly served with Plaintiff's Complaint. 2. Defendant had been unable to locate affordable counsel to represent him in the instant foreclosure action until now. 3 As aresult, a default was entered on December 4, 2019 against the Defendant. 4 On December 19, 2019, this Court issued an Order setting case for trial on March 4, 2020. 5 Undersigned counsel has recently been retained by Defendant to handle this case. A Notice of Appearance and a Motion for Continuance have been filed. #** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/28/2020 05:01:27 PM.**#** 6. Fla. R. Civ. P. 1.540(b) states, in relevant part: “On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, decree, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect.” 7 Per Richards v. Crowder, 191 So.3d 524 (Fla. 4° DCA 2016), “Florida courts have recognized that illness or psychological conditions, as well as difficulties with reading and comprehending, can form the basis of a finding of excusable neglect warranting relief from judgment.” 8 Defendant contacted the bank and requested more time to allow him to negotiate a settlement with the bank. Defendant was under the impression that by contacting the bank and requesting more time, he had acted with due diligence and no further action was required on his part. 9 Defendant’s inexperience with the legal proceedings and difficulty with reading and understanding the pleadings can form a basis of finding of excusable neglect. 10. Defendant’s failure to timely file a responsive pleading was due to excusable neglect. 11. Defendant is currently attempting to settle this case with Plaintiff. Defendant has submitted a short sale package to Plaintiff on February 20, 2020. 12. Defendant has meritorious defenses to the underlying action and will file an Answer and Affirmative Defenses accordingly. 13. Defendant has acted with due diligence in seeking relief from the default by retaining the undersigned to represent him in this lawsuit prior to trial. Page 2 of 3 14. As such, Defendants respectfully request entry of an Order Vacating the Default entered on December 4, 2019. WHEREFORE, the Defendant hereby moves this Court for an Order vacating the default entered on December 4, 2019 against Defendant, ANDRE ST STEVE KIFFIN, giving the Defendant an opportunity to defend himself against the action and any other relief that this Court deems to be just and appropriate. RESPECTFULLY SUBMITTED, /s/ Rosalind J. Matos, Esquire ROSALIND J. MATOS, ESQUIRE MATOS LEGAL, PLLC Attomey for Defendant 2645 Executive Park Drive, Suite 676 Weston, FL 33331 rosalind@matoslegal.com Telephone: (954) 531-5658 Florida Bar No.: 474967 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was filed with the Clerk of the Court via E-Filing Portal and served via ePortal E-Mail to: Jonathan Meisels, Esq. Robertson, Anschutz & Schneid, P.L., 6409 Congress Avenue, Suite 100, Boca Raton, FL 33487, mail@rasflaw.com, on this 28" day of February 2020. /s/ Rosalind J. Matos, Esquire ROSALIND J. MATOS, ESQUIRE Florida Bar No.: 474967 Page 3 of 3