Filing# 113872174 E-Filed 09/23/2020 06:59:37 PM

IN THE CIRCUIT COURT OF THE 15TH JUDICIAL

CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA
\

CASE NO. 502016A009292-XXXXMB (AH)

DIVISION AH

FIRST AMERICAN BANK,

Plaintiff,

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v,

LAURENC E S. SCHNEIDER

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STEPHANIE L. SCHNEIDER, et al.. .

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_____ ___________/
Defendants.

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NOTICE OF FILINGD FENDANT 'S NOTICE OF.REMOVAL AND
REMAND TO THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA
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DEFENDANTS, LAURENCE S.. SCHNEIDERand: STEPHANIE L. SCHNEIDER (the
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"SCHNEIDERS"), pro se litigants,_ hereby file their Notice of Filing Defendant's: Notice of

RemovaL and Remand to the United'. States District Court. :for the Smithem District of Florida
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(WestPalm Beach) and in accordance with the applicable Florida Rules of Civil Procedure And
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the Federal Rules of Civil Procedure, hereby gives notice to the Palm Beach Circuit Court that
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since the Defendants' September 23, 2020 filing ofa Notice of Removal of the foreclosure case

to the United States District Court, the. Palm Beach Circuit. Court has been divested of
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jurisdiction~ As a result, no further. proceedings. can be undertaken fa the Palm Beach Circuit
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Court, until arid unless the case .is remanded back to the Circuit Co:µrt As a_ related case to
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Laurence Schneider, Stephanie Schneider v. First American Bank, .as successor by merger to

Bank of Cordi Gables, LLC 17..;cv-80728, First American Bank v. Laurence Schneider et al. 17-

cv-,80723, .First America11· Bank v Schneider, Laurence, Stephanie -Schneider, _Jeffrey Marc

FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 09/23/202 0 06:59:37 PM
Herman, Unknown Tenants, The Oaks at Boca Raton Property Owners Association 502016-CA-:

009292. The cases which are assigned to Judge Middlebrooks as such in accordance with Local

Rule 3.8 and expect to be assigned to the Honorable Judge Donald M. Middlebrooks. This court

has been divested of subject matter jurisdiction to enforce the Order Granting First American

Bank's Issuance for Writ of Possession executed by Judge Lisa Small on September 04, 2020

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See [D.E. 589]; and the most recent Order granting Motion for Deficiency Judgment executed by

Judge Samantha Schosberg-Feuer entered September 22, 2020 See [D.E. 592] and the Final

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Judgement Order granted on September 22, 2020. See [D.E. 593]

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As this Court is aware, both Defendants Laurence Schneider and Stephanie Schneider

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have asserted under penalty of perjury that the Order which attorney Henry Bolz had purportedly

received via U.S. Mail [See Exhibit "33"] and in which attorney Bolz had certified to the United
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States Federal District Court Judge Donald Middlebrooks in which he claimed was our response
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to Judge Middlebrooks June 13, 2017 Order to Show Cause was a forgery.
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Furthermore, in the event the case is remanded back to this Court, this Court is obligated

to comply with 28 U.S. Code §1447. Procedure after removal, See [D.E. 543], as was directed by
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Clerk of Court, Steven M. Larimore, See [D.E.539]. Pursuant to the June 26, 2017 Motion for
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Summary Judgment transcript. See Exhibit "21" of First American Bank's Motion for Sanction
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served but not filed with the Court in the matter of Laurence Schneider v. First American Bank
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Verified Petition to Set Aside Judgment, Case No. 502019-CA-001016, page 4, lines 8 through
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25.

"THE COURT: All right ...... One matter that I had noticed in pulling up the
Clerk's docket sheet, and that is the Defendants have moved to remand this to
United States District Court, Southern District of Florida. And although it hasn't
been filed yet. You have to presented me with an order from the United States
District Court remanding the case back to the State Court. So, I--
 MR. BOLZ: Yes, ma'am. But-it was removed on June 9th, and it was remanded,
I believe, on the 22nd so, which was last Thursday.
THE COURT: Right. Okay. So, let me hand you your copy.
MR BOLZ: Your Honor, you're welcome to keep it. I have lots of copies on that
note.
THE COURT: Well, As long as its' filed in the court file."

This Court is required to comply with the explicit directions the United States District

Court in which a certified copy of the Federal Court's Order of Remand and filed with this Court

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before this Court once again has subject matter jurisdiction.

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Lastly, neither Defendants Laurence S. Schneider and Stephanie L. Schneider are

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registered to utilize nor had accessibility to the CM/ECF electronic mail service and thus any

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claims or certifications made by Keller & Bolz, LLP of having effectuated service to the

Schneiders, such as was the case with attorney Henry H. Bolz, Iii counsel for Plaintiff, should be
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deemed as fraud on the Court.
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Respectfully submitted,
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- >--.
:--::-=::::--
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LAURENCE SCHNEIDER, Pro Se

17685 Circle Pond Court
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Boca Raton, FL 33496

Tel: 561-322-5103
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Email: [email protected]
Secondary:
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Jordyn.schneider [email protected]
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 CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has
been served via the Florida Court's E-filing Portal Automatic Email Service
pursuant to Florida Rule of Judicial Administration 2.516, on this 23 day of
September, 2020, to Aleksandra. Novakovich Gonzalez, Esq.,

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([email protected]), Sachs, Sax Caplan, Attorneys for The Oaks at
Boca Raton POA, Inc., 6111 Broken Sound Parkway, N.W, #200, Boca Raton,

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FL 33487; Geoffrey M. Cahen, Esq.([email protected]) Cahen Law, P.A.,
1900 lades Road, Suite 270, Boca Raton, Florida 33431; and John W. Keller, III,

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([email protected]), Keller & Mesa, LLP, Attorneys for First American
Bank, 121 Majorca Avenue, #200, Coral Gables, FL 33134.

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Laurence Schneider, Pro Se
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COL"RT FOR THE SOln'llEll."'i
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SCllSEJOF.R. In Pn.• r,r, .notkc~ oo m:inc:: 10 ~ mno\W to the Uniled Su:es District Court

fcv ix S..~tr.11>1.;~ct cffforiJ.:i. 11S th: Circwt Co:.i.1 d~s r.o: hol.i ji:ri~ic:tion over the claim(s)
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A. RF~\IO\'AL WASAPPLlCABLEA:-.1> GRA.'\'TED HERF. IN' JUNE 2017

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filed n Rt:nQ,;il "r 11-.e I SLi Cimut Court r;,r P~ B~!i County, Flori~ docketed :i.s the m:ittcr
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ofFim A1:1rnca... bw.. l.LC. nssu~ by merge: I.'> ~n:ik. of Com! Gables. LLC, Plaintiff"s \'
L3ur:::,e S. &be::!.":' :Ill.;! Ste;,1-.:Jlic L 5¢1:.: 'd "-"
_ , • :iei c::, a.r.:,cr.:u:its, ,,ruch v,:as assigned C:ise No, 50-
lul6-CA.Q09292, file..1 o:iAug~ 17, 201 6..
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 Filing# 112922406 E-Filed 09/04/2020 01:25:23 PM

IN THE CIRCUIT COURT OF

THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA

CASE NO.: 502016-CA-009292-XXXX MBAH

FIRST AMERICAN BANK, as

successor by merger to Banlc of
Coral Gables, LLC,

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Plaintiff,

v.

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LAURENCE S. SCHNEIDER,
STEPHANIE L. SCHNEIDER, et al.,

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_ _ _n_eri_en-dants_._ _ / ~
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ORDER GRANTING PLAINTIFF~'f~T AMERICAN
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BANK, MOTION FOR ISSUANCE,OF WBIT OF POSSESSION
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. ~,A _, .
THIS MATTER came before this Co~~2pmheanng on September 3, 2020, upon

1\~ f~Writ of Possession [DE

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Plaintiff's, FIRST AMERICAN BANK, 530]. The Court

baving carefully reviewed and consid~'i?;;on, baving heard a,gumenl of counsel for
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First American Bank and Laurenc-(~aer (representing himself), and being otherwise fully
inform:d of the premises ( a ~ Uiat Stepmnie Schneider did not appear after due notice of
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this hearing), it is hereby

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ORDERED an~UDGED that Plaintiff's Motion for Writ of Possession be and the

same is hereb~TED, except the Court does not issue its directions to the Clerk to act
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"fodmJlth.~ Clerk is hereb directed to issue a rit of Possession and deliverit to the
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hemt:f~executi non or as soon as racticable after Se tember 30 2020 in accordance

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. Civ.P.1.580 and Fla. R. Civ. P. Form 1.915. The Writ of Possessionsball specify

that the Sheriff sball remove all persons from the property inPalmBeach County, Florida

described as: "Lot 37 of the Fox Hill Estates of Boca Raton, according to the Plat thereof, as

recorded in Plat Book 87, Page 4, of the Public Records of Palm Beach County, Florida.,"

connnonly known as 17685 Circle Pond Court, Boca Raton, Florida 33496-1002 ("Property"),

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FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 09/04/2020 01 :25:23 PM
Case No. 50-2016'..CA-009292-XXXX-MB

and to put First American Bank in possession of said Property.

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DONE AND ORDERED inWestPalmBeach, PalmBeachCounty, Florida.
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016,CA;009292~XXXXa:::D9/D4~020
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. ..• uc::}s~~n-:.Jud_g~
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so-:iriis·:.cA-009292-XXXX-i1B
Lisa S._S1t1all

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Judg_e

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Copies furnished via email:
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LAURENCE S. SCHNEIDER ~

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Email: [email protected] ~-.
17685 Circle Pond Court
Boca Raton, FL 33496

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~;:;:~~:;.f~~=!~.com ~"
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17685 Circle Pond Court .

Boca Raton, FL33496 ~~
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ALEKSANDRANOVAKOVICH~(W~Z, ESQ.
Email: foreclosures@ssclawfjrtftco/
Sachs, Sax, Caplan ~- J
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Attorneys for Oaks at Boca Ratorr"

6111 BrokenSoundPar~.W'., #200
Boca Raton, F~87 }, 7
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GEOFF~~~EN, ESQ.
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Email: geo @ .etilaw.com

Cahen A. ,
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190~s.Road, Suite 270

Boca IDl_ton, FL 33431
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JOHN W. KELLER, III, ESQ.

Email:J'[email protected]
Keller & Mesa, LLP
121 Majorca Ave., Suite #200
Coral Gables, Fl., 33134

Page 2 of2
 Filing# 113748977 E-Filed 09/22/2020 11:29:58 AM

IN THE CIRCUIT COURT OF

THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA

CASE NO.: 502016-CA-009292

DMSIONAH

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FIR.ST AMERICAN BANK, as

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successor by merger to Bank of
Coral Gables, LLC,

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Plaintiff,

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v.
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LAURENCE S. SCHNEIDER,
&."o/
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STEPHANIE L. SCHNEIDER, et al.,

Defendants. ~'\!
_ _ _ _! ~4~
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ORDER GRANJIINq.P~TIFF'S,
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FffiST AMERICAN BANK, M~T.I~N FOR DEFICIENCY JUDGMENT

THIS MATTER came before ~ ~ o r Zoom special set hearing on September 21,
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2020, upon Plaintiff's, First Amcri~Motion for Deficiency Judgment l)JE 533]. The
Court having carefully reviewe"cta~\~idered the Motion, having heard argument of counsel
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for First American Bank ("F~~rican'') and Defendant, Laurence Schneider (representing

himself), and noting tha~il"odan~ Stopbanie Sclmeider, did not appear although she received
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due notice of ~aring and this Court attempted to call her twice on the telephone using the
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mnnber s~%1mmce Schneider but went to voice mail) and being otherwise fully
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a d ~ t i y f'mds and concludes:

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Finding of Fact and Conclusions of Law

On June 26, 2017, this Court entered a Final Judgment of Foreclosure against both

Defendants, Laurence Schneider and Stephanie Schneider (collectively the "Schneiders") [DE

125]. On July 18, 2020, Defendants appealed the Judgment [DE 134 & 141]. By Order dated

October 11, 2017, the appeal filed by Stephanie Schneider was dismissed by Florida's Fourth

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FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 09/22/2020 11 :29:58 AM
Case No. 50-2016-CA-009292-XXXX-MB

District Court of Appeal ·for non-compliance with its order [DE 198]. On July 25, 2018, the

Fourth District Court of Appeal affirmed the Final Judgment of Foreclosure on all issues except

"to the extent that the [foreclosure] judgment allowed [First American] to simultaneously execute

on the money judgment and foreclose on [the] property." [DE 216]. In accordance with the

opinion of the Fourth District Court of Appeal, this Court, on October 12, 2018, entered an

Amended Final Judgment of Foreclosure [DE 225]. .,<.._' \

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By Order dated February 11, 2020, this Court granted First American's Mo~ni:o/ees

against both Laurence Sclmeider and Stephanie Sclmeider and awarded First Ame~

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$426,4 7950 in attorneys' fees, pre-supplem:nlaljudgment interest at r~464.54 in

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costs and expenses and $48,389.50 in expert witness fees and expens~ 377 at 14]. On

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February 26, 2020, this Court entered the Amended Final Judg~f Foreclosure

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(Supplemental Judgment)
. ', Stephanie Schneider
[DE 384] against both Laurence4ide?'and

based on the above Order. On March 12, 2020, th.Le ),O~~pealed both Supplemental
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Judgments [DE 388]. On September 3, 2020, th(~~District Court of Appeal dismissed the

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appeal for lack of prosecution [DE 587].

In 1he Amended Final Judgm:~~ure (Supplemental Judgment) [DE 384], the

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Court scheduled 1he foreclosure ~~ residential properly located at 17685 Circle Pond
Court, Boca Raton, Florida 3~002 ("Properly'') for April I, 2020. This Amended
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Judgment also provide~~is Court retained jurisdiction: "to enter further orders that are

proper including..X:ithout~tion, a deficiency judgment" (Id. at ,r 9).

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Due to.t~)breakofthe Coronavirus Disease 2019 (COVID-19), onMarch 18, 2020,

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the schy.d~eclosure sale was cancelled until further order of the Court. See Administrative
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Ord~2.510-03/20203. By Order, dated June 17, 2020, this Court reset the foreclosure
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sale of~ Property for August 3, 2020 [DE 449]. On August 3, 2020, the foreclosure sale

was conducted, First American purchased the "Property" by credit bid in the amount of Eight

Hundred Seven Thousand One Hundred and no/lO0ths Dollars ($807,100.00) and the Clerk

issued a Certificate of Sale [DE 519]. No objection to the sale was made, and, on August 17,

2020, the Clerk issued a Certificate of Title to First American as the new owner of the Property

Page 2 of 5
Case No.50-2016-CA-009292-XXXX-MB

[DE 525].
"A plaintiff seeking a deficiency must establish 1) enby of final judgment of foreclosure;

2) sale of the foreclosed property pursuant to the judgment; [and] 3) issuance of a certificate of

title for the property." Aluia v. Dyck-O 'Neal, Inc., 205 So. 3d 768, 773 (Fla. 2nd DCA 2016).

Insofar as a motion for deficiency seeks to enforce or satisfy the final judgment of foreclosure,

there must also be a reservation of jurisdiction in the final judgment Id. at 775. :'\

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All these conditions have been satisfied by the record and established b ~

Amended Final Judgment of Foreclosure (Supplemental Judgment) determin~~unts

~ expenses.

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awarded to First American to date, including the principal indebtednessJrld

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First American is entitled to a deficiency that is "the balance of a l l s ~ ! ' Fed. Deposit Ins.

Co. v. Circle Bar Ranch, Inc., 450 So. 2d 921, 1)22 (Fla. 5" D ~ ) - The fomrula to calculate

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a deficiency judgment is the total debt, as secured by t~~juq¼nt of foreclosure, minus the

fair market value of the property as determined by t h ~ ~ i a , 205 So. 3d at 775; Morgan v.
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Kelly, 642 So. 2d 1117 (Fla. 3d DCA 1994). ~(d~the foreclosure sale is the date at which
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the fair market value is determined. Symon f'c~n Capital Corp., 242 So2d 765 (Fla. 4th
DCA 1970). The lender has the initial~ii'-O'fproving the fair market value of the property
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was less than the totaldebtde~"t imaljudgmenl. Vantium Capital, Inc. v. Hobson,

137 So. 3d 497, 499 (Fla. 4 th ~ O 14). There is a legal presumption "that the foreclosure sale
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price equals the fair ma~lue of the property." Id. Once the lender introduces evidence of
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the foreclosure~ pric.}.-the burden shifts to the borrower to present evidence concerning the
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properly'st'~value. Id. In the absence of such evidence, the lender has no furlher
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obligatlo to~prefcluce any further evidence of fair market value and the trial court should enter an
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t evidence unless the lender gratuitously elects to offer further evidence of fair

marketvalue. Id. at 500.

During the hearing, First American met its initial burden by demonstrating that an Amended

FinalJudgmentofForeclosure (SupplementalJudgment) [DE 384] was entered in this matter, that

the sale of the Property took place on August 3, 2020, that the Clerk issued a Certificate of Sale

[DE 519] evidencing that First American purchased the Property by credit bid for $807,100.00,

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Case No. 50-2016-CA-009292-XXX X-MB

and that the Clerk issued a Certificate of Title on August 17, 2020 [DE 525]. Once the burden of

proof shifted to the Defendants, Laurence Schneider did not offer any competent or substantial

evidence of the fair market value of the Property on August 3, 2020, despite the Court's

repeated efforts offering him an opportunity to present evidence. Accordingly, pursuant to the

Vantium decision, there is a presumption that the fair market value of the. Property on August 3,

2020 was $807,100.00 -the foreclosure sale price. j

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Applying the formula enunciated inAluia and Morgan, the Court finds the amo~~the

deficiency as follows: ~
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Total Amount of the Amended Final Judgment
of Foreclosure (Supplemental Judgment) on C, ~

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August 17, 2020 $2,34~09

The fair rnarlret value of the Property on August 3, 2020 ~ 7 , 100.00)

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Post-Judgmentlnterestfrom August 18, 2020 to~~~
September 21, 2020 £h..~'1/--"'$'"""'10""'",=06=8:.:....:.4-=5
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Total Amount of Deficiency C.~~ $1,547,391.54
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ORDERED and ADJUDGED thatflaintiffJs, First American Bank, Motion for a

.Deficiency Judgment is hereby G~~)>'

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ORDERED and ADJUD~Q that the Court will enter a Deficiency Judgment in favor

of Plaintiff, FUSI American B~';i{.inst Defendants, Laurence Schneider and Stephanie

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Schneider, jointly and several~in the amount of $1,54 7,39154. The Deficiency Judgment shall
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bear interest at ~ t e ~ % per year.

ORDEllEDJnd ADJUDGED that the Court will retain jurisdiction to detennine the total
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annunts~~ys' fees, costs, and expenses to which Plaintiff is further entitled, to enter
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f ~ e r s that are proper, and to supplement the rmal deficiency judgment as appropriate.
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110NE AND ORDERED in Chambers in WestPalmBeach, PalmBeachCounty,

Florida.

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Case No.50-2016-CA-009292-XXXX-MB
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sii-iciiii.:cA-oh929i~XXXX-MB ogiiinciici
Samantha S_chosberg f.euE;?r
Judge
Copies furnished to:

LAURENCE S. SCHNEIDER

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Email: [email protected]
17685 Circle Pond Court
Boca Raton, FL 33496

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STEPHANIE L. SCHNEIDER
Email: [email protected] .

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17685 Circle Pond Court
Boca Raton, FL 33496 ~

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ALEKSANDRANOVAKOVICH GONZALEZ, ESQ. /4. y
Email: foreclos_ [email protected] ~~
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Sachs, Sax, Caplan
Attorneys.for Oaks atBocaRaton ~
6111BrokenSoundParkway, N.W., #200 A'\
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.Boca Raton, FL 33487 ~ ~

GEOFFREY M. CAHEN, ESQ. ~-,.,

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/4. ~-
Ermil:[email protected]
Cahen Law, PA
1900 Glades Road, Suite 270
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Boca Raton, FL 33431

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JOHN W. KEL~, I I I ~
Email:_jkeller@ enn:;Pc'o~
Keller& M~a,L ~
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121 Majorq Av , Shlte #200

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Co~ ,33134
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 Filing# 113749101 E-Filed 09/22/2020 11:30:53 AM

IN THE CIRCUIT COURT OF

THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FORP AIM BEACH COUNTY, FLORIDA

CASE NO.: 502016:.CA-009292

DMSIONA H

FIRST AMERICAN BANK, as

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successor by merger to Bank.of
Coral Gables, LLC,

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Plaintiff,

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v.

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LAURENCE S. SCHNEIDER,

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STEPHANIE L SCHNEIDER, et al.,

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Defendants.
---- ---- -'
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FINAL JUDGMENT
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TIIIS ACTION came before 1he C~~~;i ntiff's, First American Banlc, Motion for
Deficiency Judgment bearing a C e ~ Service dated August 27, 2020 [DE 533], the
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Amended Final Judgment of Fore~tiru pplemen tal Judgment) dated February 26, 2020 [DE
384], 1he Certificate of Sale~ ust 3, 2020 [DE 519], and 1he Certificate of Title dated
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August 17, 2020 [DE t~ .Accordingly, this Court having granted the Motion for Deficiency
Judgment by Order dat~tem ber 21, 2020, hereby enters this Final Judgment, whereby it is
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ORDERED ~ J ~ G E D THAT:
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::S-_~ n t is GRANTED in favor of Plaintiff, FIRST AMERICAN BANK, and against

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~efenda nts, LAURENCE SCHNEIDER and STEPHANIE SCHNEIDER, jointly and

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severally.

2.Plaintiff, FIRST AMERICAN BANK, 540 Biltmore Way, Coral Gables, Florida
33134, shall recover from Defendants, LAURENCE SCHNEIDER, 17685 Circle Pond
Court, Boca Raton, Florida 33496-1002, Social Security No.: , and
STEPHANIE SCHNEIDER, 17685 Circle Pond Court, Boca. Raton, Florida 33496-

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5'D
, FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 09/22/2020 11 :30:53 AM
Case No.50-2016-CA-009292-:XXXX-MB

1002, Social Security No.: the smn of $1,547,391.54, for which let

execution issue.
3. The Total Amount Due due shall bear interest at the rate of 6.03% per year.

4. The Court previously detennined that Plaintiff, FIRST AMERICAN BANK, is entitled

to reasonable attorneys' fees, costs, and expenses incurred in connection with this action.

Accordingly, the Court retains jurisdiction to detennine the total amounts of attom<; s' fees,
1

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costs, and expenses to which Plaintiff is further entitled, to enter further orders ~ + p e r ,

and to supplement the fmal deficiency judgment as appropriate. A~

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DONE AND ORDERED in Chambers in PalmBeach County,}lQ~
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50;2015:_cA~D09292°XXXX;MB;_J;gJ22)2020 .
.,__ ,~anthaS_;!!!)s_b~rg Feu~_r:.._.,J~dg~

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FI .s~;.,~cliosberg f.eUf;!r

Copies furnished to: AV

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John W. Keller, ID. Esq. ~~

Keller & Mesa, LLP _·

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ER

Attorneys for First AmericanB~~

121 Majorca Avenue, #200
Coral Gables, FL 33134
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Email:jk:[email protected]

Laurence S. Schneider ~
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Defendant
17685 Circle P~ri'd~.9urt
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Boca .Rato FL\I 3496

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Email: 1 ~apitalpartners.com
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Stephanie L. Schneider
Defendant
17685 Circle Pond Court
Boca Raton, FL 33496
Email: [email protected]

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Case No. 50-2016-CA-0092 92-XXXX-MB

Aleksanclra Novakovich Gonzalez, Esq.

Sachs, Sax, Caplan
Attorneys for The Oaks at Boca Raton Property Owners' Association, Inc.
6111 Broken Sound Parkway, N.W., #200,
Boca Raton, FL33487
Email: agonzalez@ssclaw finncom

Geoffrey M. Cahen, Esq.

Cahcn Law, PA,
Attorneys for It's A New Day Corporation,

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Real Estate & Finance, Inc., S&A
Capital Partners, Inc. Mortgage
Resolution Servicing, LLC and

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pt Fidelity Loan Servicing, LLC
1900 Glades Road, Suite 270 ~,

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Boca Raton, FL 3343 lEmail: [email protected] om ~

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From: [email protected]
Sent: Thursday, June 22, 2017 1:03 PM
To: [email protected]
Subject: Activity in Case 9:17-cv-80723-DMM First American Bank v. Schneider et al Notice
(Other)

This is an automatic e-mail message generated by the CJ.\rl/ECF system. Please DO NOT RESPOND to
this e-mail because the mail box is unattended.
***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits

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attorneys of record and parties in a case (including prose litigants) to receive one free electronic copy of
all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees
apply to all other users. To avoid later charges, download a copy of each document during this first
viewing. However, if the referenced document is a transcript, the free copy and 30 page limit do not

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apply.

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U.S. District Court

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Southern District of Florida

Notice of Electronic Filing

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The following transaction was entered by Bolz, Henry on 6/22/2017 at 1:02 PM EDT and filed on 6/22/2017
Case Name: First American Bank v. Schneider et al
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Case Number: 9:l 7-cv-80723-DMM

Filer: First American Bank
Document Number:~
ER

Docket Text:
NOTICE by First American Bank re [5] Order to Show Cause (Attachments: # (1) Exhibit
C

Defendant's Response to Order to Show Cause) (Bolz, Henry)

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9:17-cv-80723-DMM Notice has been electronically mailed to:

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Henry H. Bolz , III [email protected], [email protected]

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9:17-cv-80723-DMM Notice has not been delivered electronically to those listed below and will be
provided by other means. For further assistance, please contact our Help Desk at 1-888-318-2260.:
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Laurence Schneider
360 Coconut Palm Road
Boca Raton, FL 33432

Stephanie Schneider
360 Coconut Palm Road
Boca Raton, FL 33432

The following document(s) are associated with this transaction:

1
Document description:Main Document
Original filename:n/a
Electronic document Stamp:
[STAMP dcecfStamp_ID=l 105629215 [Date=6/22/2017] [FileNumber=16511669-
0] [684222cd4c02fae6d50619eadb9a6e7b22025f7fc8205le23082b1703128aec6b3
6b6b2b235e060217al01cd82ebd3e880809elcdee30865735cb0c7df80ecb9]]
Document description:Exhibit Defendant's Response to Order to Show Cause
Original filename:n/a
Electronic document Stamp:
[STAMP dcecfStamp_ID=l 105629215 [Date=6/22/2017] [FileNumber=16511669-
1] [4bdc3060f26cd41a7d930al024b54016f804d4e9b47c51f8197d93f55c400e95dc
06ead45fae9fb2631 aa4485491 afe36c7ab la9ace2efd28b40cdb2992ecd7b]]

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Exhibit "33"
 Fil ing # 112820114 E-Filed 09/03/202
0 05:58:26 AM

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28 \J,.s. Cocle. §:1447; p·rocedure
:after re m ov o~ er el lY

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U.S . C0de Notes
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(~.) In.any case.~emoved. from a -~ . ~ - ••'-•
~u ·. ! _t ~v9I~tqct_~~-~ i::.rn~Y issue
I an·neces~a_ry ·o~q_er~·,,i,:id p"fo:~ess:to
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br.~.i. i~t··.:an -~rop~r parties
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(b) It ma y req~i_re ·j:h ei: rem _g J!l
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~~ ~ fi(e;Wlth:lts clerk-co_ples, of all

re'!=~fds ahff ptoceedlngs~in sue~: =5t
9te -~ or- may·tause the ¢~ ~e tp;be
br.oug,ht before It by wr ~~ ""' r.jr .!.l
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~s µe d :f9'. Su_ch·:2_ta~e. i;o!!!:t-

~ {c) A motio·n to'remantf th~ las e on the basis of any def
~;: lack ·of subject matt'~t-judlciiction ect other than.
.must be: maae· within 30 days .after the
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. .filing of the notice ofrenioval.i.m

der section 1446(a) •. tf-at any time bef
~IJ al_ jµq grn eri~ .l~( foa r~ _.that the ore
distri_ct .52.!d.tl lacks subj~ct ~ ry,~t_te
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ji.J_risdlc:tio~.the pas e shall be rem.an r ·

ded! An ~rd_¢r r_eniaridlli~fthe . case
may re(ui~payn,eht_ cifju_st c:psts an~
any actual expenses, incl1;1ding_ Se.€..
.
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att 1~ ee s,J ~c ~rr ed _ as a resu1t·of

the rempy~I. A dfrtme·d copy-of the jj_
or<j_e}~emand shall be·malled py·the f: If.
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:·clerl< to'the .clerk-of the State

~ - The --~-. ~. fQµ may-thereup · •
on proceed with such·case. ·· ·
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(d) An order remanding a."ca_s·~ t:q

the ~t~te c~u.r.;t from which~it was
removed Is n.o~ r~vie¼'able oh.appeal
.or otherwise~ e.xe:ept tJlat'~n order
r:e.rpah.ding_a case to the §t1!t.~~.9.Y!i
ft.om 1.:Vhl.ch·1t was removed pursuant
to se ct io n~ or 144 3 of this .title
shall be• reviewable ·~y appe~I ·or
otherwJs~.•
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(e) Ifafter. removai the plaintiff se·e
.Joinder :wo
ks to join additional defendants whose
u.ld destroy subject ma tte r jurisdiction, .
~he court ma~·deny ·
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FILED: PALM BEACH COUNTY
, FL, SHARON R. BOCK, CLER
K, 09/03/2020 05:58:26 AM
 •. ...-;__
join~~r, or perm.it jolnper·a11d remand the action to the .§!~_te .~ol!r.t•

(June 25, 1948, ch. 646, 62 ·stat. 939; Ma'y 24, _1949, ch~ 139, §.84, ·53
Stat.
102;· Pub. L. 88-35 2, title IX~_§ 901, Jlily 2, 1964,-. 78 Stat. 266; Pub. L.
100-
702,··title X,~§ 1016(s;)., ·Nov.19, 1988, 102 Stat; 4.670; Pub. L ·102-198~
.
.§.1Q(h)., pee.~I 1991, 105-S tat: "1626; Plib. L. 104-21
9,_§J,., Oct. 1, 199~,
.110" Stat. 3022; Pub. L. 112-51 ,_§ 2_(:d):, Nov. 9, 2011, 125 Stat. 54.6;~~

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Table of Popular Names ~~~

Parallel Tabie of Autb<irittes A ';:;r-
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UNITED STATES DISTRICT COURT

Steven M. Larimore
. SOUTHERN DISTRICT OF FLORIDA.
Court Administrator! Clerk ofCourt .400Nortli Miami Avenue, Room 8N09
Miami, Florida 33128-7716
. . .. (305)523-5100

Clerk of Circuit and County Courts:

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15th Judicial Circuit of Flor
Palm Beach co·uiity Courthoida
WestPalmBeacb,FL33401"
use
205 North Dixie Highway~ Room 3.2300.
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RE: b"istrict Court Case No.: 9;17.:..cv-80723-D
MM

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·State c~~ ~-!=·N9.: ·502016..:cA..:009292

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§i447, a certified copy 0flh~ £~ urt 'S: Or
ilc r ofRciriimd"mustb•maiieli10
to ihe cierk of i~_e State Court~ , ~V
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. , · Picasc acknowledge receipt <if the ·o
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~~ e referenced ·case ·by signiti1fand retiu

riing the enclosed
·• copy or'tliis letter.
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FILED: PALM BEACH COUNTY,

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FL, SHARON R. BOCK, CLERK,
09/03/2020 05:58:26 AM
Gase 9:17-c'(-80J23-DMM Document
.11 Entered on FLSD.Docket_06/2_3(20
~7 Page 2 of 2
UNITED STA.TES DISTRICT COURT
SO:tJTHERN DISTRICT OF FLORIDA:
Steven l\'.I, Larimore· . . 400 North Miami Avenue, Room 8N09
Court A~mini~;ra!or • ~!erk of Co~ .
Miaini, Florida 33128-7716
(305)5_23-~100

Date_: J~c 23,·201.1

~
·cle rk of Circuit and County Cou
·1sth.Judicial Circuit: of Flotjda. rts

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Palm Beach County Courthouse· ~· ·

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205 North Di_xie Highway, Rooin 3.2300
West.Palm Beach, FL 33401

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RE: District Court Case No.: 9: IFCy--8072
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Stat~ C9 ~ Cas? ~o. : 50201°6-CA-009292

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Dea;Sir/Ma!l\lffi:,
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Purnuant tO 28 U.S.Co §1_441, :;, ccrjif.iCd CQPY
Of ihc Dis~~~lJ., otRemand niUSI be ina il~

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to t!)e Clerk oft ~ State :ur t, . . .
Ple!lsc acknowlcd~c rccc1pt'of the Order
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m th~{b~;;_~efercnc;;d_ c;ise_by.s1gnmg and

returning the enclosed
ii~p~Ofthi!iletler. ~Y
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& Clcrk'~·Ackn·owlcd~mcnt ofRcccin·t

The undersigned hereby ackoilwle~ges"re~
~ipi c;if ~h~
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Distri~t Go~rt'.s c~rtifJ\:~ copy otlhe.Order

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ofRcmimd.
·By:
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·n'""~-p-.uty~C::-;-lc_r.,..~-.- - - - - - - - -
On:
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Ste ~.i ,b- Qr e, Clcikof Court

By l}Ye,;:,in Rr~~ig11ez CHerrerq)
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·Deputy Clerk
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1 IN THE CIRCUIT COURT. OF THE 15TH JUDICIAL CIRCUIT

IN AND FOR PALM BEACH COUNTY, FLORIDA
2

3
CASE NO.: 50-2016-CA-009292-XXXX-MB
4

5 FIRST AMERICAN BANK,

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6 Plaintiff/Pet itioner,
7 vs.

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8 LAURENCE S. SCHNEIDER,

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9 STEPHANIE L. SCHNEIDER,
10 JEFFREY MARC HERMAN,

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11 et al.,
12 Defendant/Res pondents.
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13 _______ _______ _ /
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14

15
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TRANSCRIPT OF PROCEEDINGS
16
BEFORE
17
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THE HONORABLE SUSAN LUBITZ

18
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Palm Beach County Courthouse
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21
205 North Dixie Highway
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West Palm Beach, Florida 33401
23

24
June 26 th , 2017
25
Exhibit "21"

JULIO A. MOCEGA & ASSOCIATES 305-374-0181

 2

1 APPEARANCES:

3 For the Plaintif f:

4 HENRY BOLZ, ESQUIRE

5 121 Majorca Avenue, Suite 200

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6 Coral Gables, Florida 33134

7 305-529- 8500

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8 hbolz@k ellerbolz .com

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9

10 ALSO PRESENT:

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11 THE CASE MANAGER

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13
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14

15
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16

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22

23

24

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JULIO A. MOCEGA & ASSOCIATES 305-374-01 81

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1 THEREUPON:

2 THE CLERK: And what' s the young man's name

3 that we need to - I know it's Schne ider, but what' s
4 his first name?
5 THE COURT: Laure nce --

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6 MR. BOLZ: Laure nce Schne ider.
7 THE COURT: Schne ider.

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8 MR. BOLZ: And his wife is Steph anie

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9 Schn~ ider.
10 THE COURT: Steph anie Schne ider

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11 THE CLERK: All right . Laure nce and Steph anie
12 Schne ider.
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13
THE COURT REPORTER: I'm here for this case,
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14 Your Honor . I'm here for this case.

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THE COURT: Okay. Excep t, let me go back and

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get my - I guess I took all my notes . Just tell
17
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the deput y; just tell the deput y I went back to get

18 my notes for this.
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19
THE CLERK: Yes, ma'am . She went to get her
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20 notes .
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21
THE BAILI FF: She - my judge does the same
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22 thing . Sits down there with me in trial - the

23 attorn ey was like, remem ber when I said that? No.
24 You didn 't say that. Couns el, he said this. I'm
25 like, yeah. No repre senta tion for the clien t in

JULIO A. MOCEGA & ASSOCIATES 305-37 4-0181

 4

1 the hall.
2 THE COURT: Thank you, Depu ty.
3 THE BAIL IFF: You got it.
4 THE COURT: All righ t. This is Firs t Amer ican
5 Bank versu s Laure nce Schn eider and Steph anie
6 Schn eider .

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And this is plai ntiff 's motio n for
7 summ ary judge ment .

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8
One matt er that I had notic ed in pulli ng up
9

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the Cler k's dock et shee t, and that is the
10 Defe ndan ts have move d to reman d this to Unite d

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11 State s Dist rict Cour t for the South ern Dist rict
of
12 Flori da.
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13
And, altho ugh it hasn 't been filed yet, you
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14 have prese nted me with an orde r from the US

15
Dist rict Cour t rema nding the case back to the State
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16 Cour t. So, I --
17
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MR.- BOLZ: Yes, ma'am . But - i t was remov ed

18 on June 9 th , and it was reman ded, I belie ve, on
the
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19 22 nd so, which was last Thur sday.

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20
THE COURT: Righ t. Okay . So, let me hand you
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21 your copy .
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22
MR. BOLZ: Your Hono r,, you' re welco me to keep
23 it. I have lots of copie s on that note.
24
THE COURT: Well, as long as it's filed in the
25 cour t file.

JULIO A. MOCEGA & ASSOCIATES 305-37 4-0181

 5

1 MR. BOLZ: Yes, it is.

2 THE COURT: I don 't thin k I have to keep it.
3 And you are Mr.
4 MR. BOLZ: I'm Henr y Bolz .
5 THE COURT: Henr y Bolz . Okay .

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6 MR. BOLZ: Of the law firm of Kell er and Bolz .
7 THE COURT: I thin k you' ve appe ared in fron t

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8 of me befo re.

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9 MR. BOLZ: Yes, ma'a m.
10 THE COURT: Okay .

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11 MR. BOLZ: You hand led the init ial moti on to
12 dism iss and moti on to strik e hear ing.
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In this - I
13 thin k it woul d have been in Nove mber .
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14 THE COURT: Oh, okay . Acco rding to your

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15 revie w of the case , you had advi sed the Cour

t that
16 the affir mati ve defe nses have been stric ken,
as has
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17 the coun ter-c laim . Arn I corr ect?

18 MR. BOLZ: You stru ck them . Some with
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19 prej udic e, some with out prej udic e in Nove mber

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20 Ther e was - they were refi led, amen ded, and

they
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21 were stric ken with prej udic e or dism issed

with
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22 prej udic e in Febr uary , I beli eve.

23 THE COURT: Okay .
24 MR. BOLZ: Yeah . Ther e are no affir mati ve
25 defe nses . Ther e is no coun ter-c laim .

JULIO A. MOCEGA & ASSOCIATES 305-3 74-01 81

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1 THE COURT: Okay . So, why don' t you proce ed?

2 MR. BOLZ: Your Hono r, we're - first off, I
3 just want to, just very quick ly, expla in what has

4 happ ened.
5 THE COURT: Oh, Mr. Bolz , befo re - you

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6 proce ed, the one thing I do want to see is the
7 notic e of toda y's heari ng. I've looke d throu gh the

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8 dock et shee ts and coul dn't find it.

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9 I just want to make sure that there is a
10 notic e of heari ng that was prov ided to the

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11 defen dants , who are now pros e.
12 MR. BOLZ:
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Let's see. Orde rs spec ial setti ng
13 heari ng enter ed by, or signe d by, Judge Ferra ra
on
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14 June 2 nd , 2017, Your Hono r.

15
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THE COURT: Okay .

16 MR. BOLZ: Your Hono r, just - the case was
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17 reman ded back to the - to this cour t on Thur sday.

18 And we, howe ver, did not get the orde r unti l -
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19 early Frida y morn ing.

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20 When the or.de r came in, I wrote to -sen t an e-

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21 mail to Laure nce Schn eider and Steph anie Schn eider
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22 and advis ed them that the heari ng was going to

go
23 forw ard. And on 4:09 p.m. Frida y, I recei ved an e-
24 mail - I have n't shown it to the Cour t, but it's
25 shor t.

JULIO A. MOCEGA & ASSOCIATES 305-37 4-0181

 7

1 It says, Mr. Bolz, as I .have expla ined to you,

2 I am in Phoe nix doing depo sitio ns and will not
be
3 back in town unti l Thurs day of next week . Pleas e
4 note that I will be filin g a notic e with the Cour
t.
5
Addi tiona lly, you have refus ed to produ ce any

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6 billi ng state ment or any requ est for prod uctio n.
7 Sinc erely , it says Late Schn eider . Not Larry

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8 Schn eider . I don' t know.

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9
And so, he has not filed the prom ised notic e
10 with the Cour t that he said he was.

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I just want
11 the Cour t to be aware of that.
12
THE COURT:
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Okay . He hasn 't filed any notic e
13 on unav ailab ility , nor has he filed a motio n to
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14 conti nue the case?

15
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MR. BOLZ: Neith er.

16
THE COURT: Okay . Let's proce ed.
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17
MR. BOLZ: Your Hono r, first off, just to - we
18 have the origi nal prom issor y note and mortg age.
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We
19
would sugg est that when we get back to the offic
e
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20
today we will send these by FedEx with a notic e
of
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21 filin g and put them in the --

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22
THE COURT: I think you can file them with the
23 Cour t now.
24
MR. BOLZ: I'm happy to. I'm givin g you the
25 orig inal.

JULIO A. MOCEGA & ASSOCIATES 305-37 4-0181

 8

1 THE COURT: Yeah. Becaus e I don't issue

2 judgem ents until the --
3 MR. BOLZ: That's fine.
4 THE COURT: Promi ssory note is filed.
5 MR. BOLZ: Those are the origin als, Your

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6 Honor.
7 THE COURT: Okay. Can you - Deputy Cruz, can

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8 you ask the --

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9 THE BAILIF F: Sure. Want her to --
10 THE COURT: Case manag er to come?

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11 THE BAILIF F: You want .her to come here?
12 THE COURT: Yeah.
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13 THE BAILIF F: All right.
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14 THE COURT: All .right . This is the origin al

15
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promi ssory note

16 THE CASE MANAGER: Uh-huh .
17
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THE COURT: And the mortga ge filed with. the

18 court now.
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19 THE CASE MANAGER: Okay.

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20
THE COURT: Do you have the filed with the
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21 court on such and such a date, - such and such a

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22 time?
23
THE CASE MANAGER: Did they compl ete a notice
24 of filing ?
25 THE COURT: No.

JULIO A. MOCEGA & ASSOCIATES 305-374 -0181

 9

1 THE CASE MANAGER: There is a notic e of filin g

2 righ t here that they can comp lete for the origi nal
3 note and mortg age.
4 MR. BOLZS: Is it - what was the filin g - is
5 this just --
6

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THE CASE MANAGER: Just write in origi nal note
7 and mortg age.

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MR. BOLZ: Okay . Fine. I will - the fact
9

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that the origi nal note and mortg age are going to
be
10 filed and we'l l have the

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11 THE COURT: Is that suffi cien t?
12 THE CASE MANAGER: Yes.
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13 MR. BOLZ: Judge sign it. Okay .
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14 THE CASE MANAGER: Yes. And then we just

15 attac h it
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16
MR. BOLZ: You got to write in the style .
17
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THE CASE MANAGER: To this, and make sure it

18 gets into the
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MR. BOLZ: All righ t.
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THE CASE MANAGER: Plai ntiff 's file.
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THE COURT: Okay .
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22
THE CASE MANAGER: The file.
23
MR. BOLZ: We'l l get that done, Your Hono r.
24
THE COURT: Okay .
25
MR. BOLZ: In the mean time, if I could - I

JULIO A. MOCEGA & ASSOCIATES 305-37 4-0181

 10

1 don 't know if you 've had a chan ce to

read out
2 mot ion for sum mary judg eme nt.
3 THE COURT: I did.
4 MR. BOLZ: It is, I thin k, man ifes t tha t we' re
5 ent itle d to the reli ef. We' re - this is a ten- yea r
6 HELOC loan star ted in July of 2006 .

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The prin cip le
7 ball oon beca me due at the end of July
of las t yea r.

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8 Paym ent was n't mad e prio r to tha t.
The ad

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9 valo rem taxe s have not been paid .
The las t thre e
10 mon thly paym ents und er the mor tgag e
have not been

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11 paid .
12 All def ault s are set out in the com
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plai nt.
13 The not ices of def ault were duly sen
t to the
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14 Sch neid ers. They had an atto rne y for eigh t mon ths,
15 and then he with drew from the ir rep
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rese ntat ion .

16 They have been unre pres ente d sinc e
May 1 st •
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The amo unt of the - they bas ical ly,

the
18 Sch neid ers drew - or, Mr. Sch neid er
drew dow n the
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19 HELOC loan with in abo ut thre e yea rs

of it bein g
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20 issu ed. And it was draw n dow n.

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21
It fluc tuat ed. The prin cip le bala nce -
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22 fluc tuat e betw een a .hun dred eigh ty-e

igh t thou sand ,
23 a hun dred nin ety- five thou sand . At the time tha t
24 they wen t into def ault , the num ber
is exa ctly wha t
25 - it'.s a hun dred and eigh ty-e igh t thou
sand .

JULIO A. MOCEGA & ASSOCIATES 305- 374- 0181

 11

1 No. What? Whoa. One mil lion . One mil lion ,

2 four hun dred eigh ty~ eigh t thou sa~d , five
hun dred
3 fift y-fo ur dol lars and sev enty -six cen
ts.
4 The inte res t on tha t amo unt from Mar ch
16 th .
5 And tha t's when they - the ·las t paym ent
came in on
6 th
Apr il 9 , but it was date d back to Mar

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ch - 15 th •
7 And so, they have not paid any inte res
t from Mar ch

O
8 16th •

C
9 And the inte res t for the las t - we' re
talk ing
10 fift een mon ths. It's abo ut - wel l, sixt
y-n ine

ED
11 thou sand , six hun dred fort y -six dol lars
and fift y-
12 two cen ts.
FI
13 And the - unp aid ad valo rem taxe s for
the
TI

14 thre e yea rs are sixt y-s ix thou sand , eigh

t hun dred
15 seve nty dol lars and nin ety- thre e cen ts.
ER

16 We are not seek ing any add itio nal cos ts,
like
17 late cha rges or late fees or any thin g
C

like tha t.
18 Jus t the thre e, prin cip le, inte res t, and
unp aid ad
A

19 valo rem taxe s. Tha t's all we' re seek ing.

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20 We - if you read the note and the mor tgag

e,
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21 they make it emi nen tly clea r tha t we are

ent itle d
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22 to thos e thre e elem ents of dam ages . We

are also
23 ent itle d to atto rne y's fees .
24 But, we are goin g to exte nd and have the
cou rt
25 rese rve juri sdic tion on atto rne y's fee.
We 'll dea l

JULIO A. MOCEGA & ASSOCIATES 305- 374- 0181

 12

1 with those at a future date.

2 THE COURT: Uh-huh .
3 MR. BOLZ: The amoun t of the judgem ent is, you
4 know, been set out by affida vit. We filed a
5 compl ete statem ent of the loan histor y, which is
6

PY
requir ed by the statut e.
7 I think that we have submi tted everyt hing that

O
8 you need. And we think we are entitl ed to it. We

C
9 would like to get a - just so you know, Mrs.
10 Schne ider did not sign the note.

ED
11 THE COURT: I know that.
12
MR. BOLZ: Okay. So, we're gettin g - the
FI
13 summa ry - we'd like to get a final judgem ent
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14 again st them on the prope rty in the amoun t that we

.15 hav~ stated in here, a millio n, six hundre d twenty -
ER

16 five thousa nd dollar s.

17
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We would like to get a second judgem ent

18 agains t Lauren ce Schne ider, indivi dually , in the
A

19
amoun t - in·tha t amoun t as well as the forecl osure.
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20
So, we have three orders we'd like to get.
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21
One is the order granti ng First Ameri can's
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22 motion for ·summa ry judgm ent, the final judgem ent in

23 forecl osure, and the final judgem ent agains t Mr.
24 Schne ider.
25 THE COURT: Okay.

JULIO A. MOCEGA & ASSOCIATES 305-374 -0181

 13

1 MR. BOLZ: And that' s - do you have any

2 quest ions on how
3 THE COURT: No. I review ed the affid avit of
4 indeb tedne ss, the attach ment. I also review ed the
5 heari ng in front of Judge Blanc , in which , T

PY
6 belie ve they stipu lated to - failin g to pay the
7 taxes and failin g to pay the ballo on paym ents.

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8 MR. BOLZ: Yes, ma'am .

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9
THE COURT: They were a little --
10. MR. BOLZ: They waffl ed a little bit in the

ED
11 last three month s.
12
FI
THE COURT: On the amoun t?
13 MR. BOLZ: Yes, ma'am .
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14 THE COURT: Yes, yes, yes.

15
ER

MR, BOLZ: We - but - were going back and

16 doubl e check that. The payme nt we receiv ed on the
C

17 th
9 of April was the last payme nt that was made.
18 And they have not come up with anyth ing --
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19 THE COURT: Okay.

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20
MR. BOLZ: To show that they made any furth er
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21 paym ents. Becau se they haven 't.

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22
THE COURT: Okay. Yeah. I've review ed it.
23
And based . on the evide nce. that you'v e subm itted
24
pursu ant to you motio n for final summa ry judge ment,
25 you'r e entit led to a judge ment.

JULIO A. MOCEGA & ASSOCIATES 305-37 4-0181

 14

1 MR. BOLZ: Your Honor?

2 THE COURT: If you want to presen t it to the
3 court?
4 MR. BOLZ: Here is the first - the notice of
5 filing the origin al note and mortga ge that you have
6

PY
those. And so, if you would?
7
THE COURT: Okay. I'll give this to my case

O
8 manag er, and she will file it with the clerk.

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9
MR. BOLZ: All right. We have an order
10 granti ng First Ameri can's motion for summa ry

ED
11 judgem ent, which does not have any numbe rs in it.
12 It doesn 't have a forecl osure.
FI
13
It's just a - we think it needs to be a two-
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14 step. You have to grant our motion and then you

15 have to enter the order.
ER

Enter the final

16 judgem ent. I'm sorry.
17
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THE COURT: Okay. I'll - I can't sign a blank

18 page with nothin g above it but I will sign it here.
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19
MR. BOLZ: Okay. It's - this is for - to --
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20 THE COURT: Okay.

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21
MR. BOLZ: I have the final judgem ent of
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22 forecl osure, which has the

23
THE COURT: Okay. Let me just - I know --
24
MR. BOLZ: There 's slight differ ence, becaus e
25
we did bring in the intere st up to date throug h

JULIO A. MOCEGA & ASSOCIATES 305-374 -0181

 15

1 today.
2 THE COURT: I unders tand.
3 MR. BOLZ: Throug h today, Your Honor.
4 THE COURT: I unders tand. When do you want to
5 set the sale date?

PY
6
MR. BOLZ: I have - we're ready to go. I mean
7 it's a --

O
8 THE COURT: Well, you know --

C
9
MR. BOLZ: I don't know what the param eters
10 are, Your Honor.

ED
11 THE COURTR: Well, again, I can set it thirty
12
days from today 's date.
FI
Thirty -five, forty, forty-
13
five days. You know, it depend s on adver tising the
TI

14 sale.
15
ER

MR. BOLZ: Uhh --

16 THE COURT: Forty- five is gener ally --
17
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MR. BOLZ: Let's do - forty- five days is fine,

18 Your Honor.
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19 THE COURT: Time that people

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20 MR. BOLZ: That's fine.

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21 THE COURT: Feel comfo rtable

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22 MR. BOLZ: Right.

23 .THE COURT: So that they comply with all the
24 statut ory requir ement s.
25 MR. BOLZ: Right.

JULIO A. MOCEGA & ASSOCIATES 305-374 -0181

 16

1 THE COURT: Okay. Forty -five days would be

2 Augus t 10 th • Okay. And you have asked for a
3 judge ment?
4 MR. BOLZ: That - again st Mr. Schne ider. I
5 don't know if - is this going to run afoul of the

PY
6 third page rule? I think it might . I just - not
7 enoug h room to --

O
8 THE COURT: Yeah.

C
9
MR. BOLZ: Do you want us to re-do that and
10 put it onto the - I will take some of that secon d

ED
11 parag raph and put it over to the secon d page?
12 THE COURT: Okay. Let me just ask you
FI
13 somet hing.
TI

14 MR. BOLZ: Yes, ma'am .

15
ER

THE COURT: With respe ct to final judge ment,

16 usual ly the judge ment of forec losur e reser ves the
17
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right to a defic iency .

18 MR. BOLZ: That' s corre ct;
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19
THE COURT: So, why don't you inclu de that in
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20 your final judge ment as a, you know

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21
MR. BOLZ: Becau se we did. We had moved for
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22 summa ry judge ment again st both the prope rty - and

23 again st him, indiv idual ly. So, we had --
24 THE COURT: Right .
25 MR. BOLZ: Okay.

JULIO A. MOCEGA & ASSOCIATES 305-37 4-0181

 17

1 THE COURT: But, you'r e not entit led to

2 colle ct the full amoun t anywa y.
3 MR. BOLZ: Abso lutely not. No, no, no.
4 THE COURT: Becau se i t ' l l be, you know, less
5 the fair marke t value of

PY
6 MR. BOLZ: So, we'll go throu gh the sale and
7 then we'll go throu gh defic iency proce ss.

O
8 THE COURT: Yeah.

C
9 MR. BOLZ: That' s fine.
10 THE COURT: I would feel more comf ortab le.

ED
11 MR. BOLZ: That' s --
12 THE COURT: You know, doing it that way.
FI
13 MR. BOLZ: And again , that' s fine.
TI

14 THE COURT: Let me just make sure that I

15
ER

retai n juris dicti on to issue any order s.

16
MR. BOLZ: Yeah. The next page. I think it's
17
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down there . I know there 's attor ney's fees and

18 then
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19
THE COURT: Tax, reaso nable attor ney's fees --
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20
MR. BOLZ: And below it too, there 's a secon d
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21 one.
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22
THE COURT: Clear ly witho ut a defic iency
23 judge ment?
24
MR. BOLZ: Yes, ma'am .
25
THE COURT: So, you would just go again st him?

JULIO A. MOCEGA & ASSOCIATES 305~37 4-0181

 18

1 MR. BOLZ: Right.

2 THE COURT: So, that seems to be a little
3 cleane r. That's
4 MR. BOLZ: Okay. That's fine, Your Honor.
5 THE COURT: Do you have the other - the
6

PY
envelop es and other notices of sale that the
7 MR. BOLZ: I do not, Your Honor.

O
8 THE COURT: Okay. Let me find out from the

C
9 case manage r how you would go about providi ng it to
10 the clerk, or --

ED
11 MR. BOLZ: It's good exercis e, getting up.
12 THE COURT: Yeah.
FI
13
MR. BOLZ: I don't know if we - do they have
TI

14 an attorne y's lounge here? Can I go and buy the

15 stamps and envelop es somewh ere, or what?
ER

16
THE COURT: Well, if - you can - you can buy
17
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stamps and envelop es I think. But, let me see what

18 you have produce d. A couple of questio ns.
A

19 THE CASE MANAGER: Uh-huh.

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20
THE COURT: Sorry about this.
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21
THE CASE MANAGER: Uh-huh.
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22
THE COURT: All right. Here's the notice of
23 filing.
24 THE CASE MANAGER: Okay.
25
THE COURT: And you'll take care of that,

JULIO A. MOCEGA & ASSOCIATES 305-374- 0181

 19

1 right?
2 THE CASE MANAGER: Yes. I'll make sure.
3 THE COURT: And this is also an order grantin g
4 the summary judgem ent, which we can get the - on
5 that. Now, the clerk issues the final j~dgem ent.

PY
6 But, he only gave me one judgem ent, so he has to
7 provide me with some other --

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8
THE CASE MANAGER: For today, I will make

C
9 copies of this judgem ent.
10 MR. BOLZ: See if there's envelop es --

ED
11 THE CASE MANAGER: Did you bring envelop es
12 THE COURT: No. That's what I just --
FI
13 THE CASE MANAGER: For mailing purpose s?
TI

14 MR. BOLZ: We're. just checkin g, Your Honor. I

15
ER

know that we had - a set from the last hearing that

16 we didn't use. But, I'm not sure that they made
17
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it.
18 THE COURT: It's envelop es? And what is the -
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19 ~ notice of sale? What are the things that he has

T

20 to provide to you?
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21
THE CASE MANAGER: The notice of sale. He
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22
needs to provide a copy of the title. And --
23
MR. BOLZ: I'm sorry, what?
24
THE CASE MENGER: A copy of the title - if
25 your firm should win it; a title.

JULIO A. MOCEGA & ASSOCIATES 305-374- 0181

 20

1 MRT. BOLZ: Title?

2 THE CASE MANAGER: Title.
3 THE COURT: The blank - well, the blank title.
4 Issuanc e of a certifi cate of title to
5 THE CASE MANAGER: Correc t.

PY
6 THE COURT: To the plaint iff, if the plaint iff
7 purchas es the proper ty.

O
8 MR. BOLZ: Oh, okay.

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9
THE COURT: There are certain docume nts that
10 you have to provide --

ED
11 THE CASE MANAGER: Right.
12 THE COURT:
FI
To the clerk -
13 THE CASE MANAGER: But you need --
TI

14 THE COURT: A packet of docume nts.

15
ER

THE CASE MANGER: You --

16 MR. BOLZ: Do those come today?
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17 THE CASE MANAGER: Yes.

18
THE COURT: They're genera lly provide it to
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19 the Court on the day that the judgem ent is issued.

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20
THE CASE MANAGER: If you don't have that,
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21
you'll have to mail that into the clerk's office.
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22
You have to provide her a set of envelop es for.
23
every, single person on your service list --
24
MR. BOLZ: Okay. That's not a problem .
25
THE CASE MANAGER: For a certifi cate of title,

JULIO A. MOCEGA & ASSOCIATES 305-374- 0181

 21

1 for a. certif icate of disbur semen t, for a

2 certif icate of sale. And you were suppos ed to•
3 bring for the final judgem ent as well.
4 THE COURT: Okay. Maybe what you want --
5 MR. BOLZ: Can I go --
6

PY
THE COURT: Go to the clerk 's office and get a
7 listin g.

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8 MR. BOLZ: And buy envelo pes somew here? I

C
9 mean, I'm happy to fill them out. I'd like to, I
10 want to get this all done and do it today.

ED
11 THE CASE MANAGER: Well, we'll send out the
12 final judgem ent today. But, you'll have to give
FI
13 copies for all of the certif icates for - to the
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14 clerk 's office .

15 MR. BOLZ:
ER

Okay. That's not a proble m.

16
THE CASE MANGER: Before the sale.
17
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MR. BOLZ: We will

18
THE CASE MANAGER: You.' 11 have to ·mail them
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19 into the clerk 's office .

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20
THE CASE MANAGER: That's fine.
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21
THE COURT: You have to have the clerk send
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22 this out? Really >

23
THE CASE MANAGER: The clerk does.
24
THE COURT: We're going to send them out?·
25
THE CASE MANAGER: No, no, no. I'll make

JULIO A. MOCEGA & ASSOCIATES 305-374 -0181

 22

l. copie s for the clerk .

2 THE COURT: Oh, oh. Okay . Okay . The clerk
3 sends out the final judge ment --
4 THE CASE MANAGER: But norm ally you shou l~
5 have a copy, an origi nal copy for the judge to
6

PY
sign. And a confo rmed copy for every one on the
7 servi ce list to recei ve.

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8
MR. BOLZ: I - do have those copie s, with the

C
9 confo rm list. But, I did - the judge did not sign
10 them. If you want to

ED
11
THE CASE MANAGER: Righ t. Beca use you don' t
12 sign it.
FI
13
THE COURT: That is the confo rm --
TI

14 MR. BOLZ: The --

15
THE CASE MANAGER:
ER

What happe ns is, you g~ve

16 it to the judge and we will stamp it. And then
17
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we'l l mail those out.

18 MR. BOLZ: That 's fine; Okay .
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19 THE COURT: Okay . So, you have

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20
MR. BOLZ: So, I do have the copie s.
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21
THE COURT: Perfe ct.
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22
MR. BOLZ: The copie s are --
23
THE COURT: Are they enoug h thoug h, thoug h?
24 How.m any?
25
THE CASE MANAGER: How big is your servi ce

JULIO A. MOCEGA & ASSOCIATES 305-37 4-0181

 23

1 list?
2 MR. BOLZ: One. Well, there' s three.
3 THE COURT: There 's one, two three.
4 MR. BOLZ: It was three.
5 THE COURT: Three.

PY
6 MR. BOLZ: The two Schne iders, and there 's the
·7
homeo wner's assoc iation and then one more for -

O
8 self.

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9 THE COURT: Okay.
10 THE CASE MANAGER: Uh-huh .

ED
11 MR. BOLZ: I_ only have one, two, three.
12 THE COURT: Okay.
FI
13
MR. BOLZ: Okay. One, two, three. If I could
TI

14 get copies of these two, can I take my copy with me

15
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or not?
16
THE CASE MANAGER: No. I'm sorry. The clerk
17
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must mail them out after the - it has been entere d

18 into the docke t; it's a timeli ne on when the clerk
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19 mails them out.

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20
MR. BOLZ: Okay. All right.
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21
THE COURT: So, let's take this.
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22
MR. BOLZ: So, I got - I'm short one of each
23
of these, becaus e I didn't keep one for mysel f.
24
THE CASE MANAGER: Okay.
25
MR. BOLZ: I have three of those, and I need -

JULIO A. MOCEGA & ASSOCIATES 305-374 -0181

 24

1 Mr. and Mrs. Schn eider prob ably shou ld get them
2 sepa ratel y, since they 're now work ing. And they go
3 in one enve lope. I --
4 THE CASE MANAGER: It depen ds --
5
MR. BOLZ: They 're at the same addr ess.
6

PY
THE CASE MANAGER: It depen ds on your servi ce
7 list.

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8
MR. BOLZ: They 're at the same addr ess.

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9 They 're at the same addr ess.
10 THE CASE MANAGER: If you have liste d them

ED
11 indiv idua lly, then they shou ld recei ve them
12 indiv idua lly.
FI
13
MR. BOLZ: Yes. Then they shou ld.
TI

14 THE CASE MANAGER: If you had liste d them

15 toge ther theh they shou ld recei ve --
ER

16
MR. BOLZ: In sepa rate enve lopes . No, no.
17
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They 're sepa rate enve lopes , then.

18 THE CASE MANAGER: Righ t.
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19
THE COURT: This is the orde r, this is th~
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20 orde r. Hold on.

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21
THE CASE MANAGER: So, in - so, there shou ld
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22 be - you know, you have one copy for each of them

23 maile d to them indiv idua lly. Beca use, that 's how
24 you'v e liste d them.
25 MR. BOLZ: Yes.

JULIO A. MOCEGA & ASSOCIATES 305-37 4-0181

 25

1 THE COURT: Okay. Let's make one copy.

2 THE CASE MANAGER: So, I can make - I can make
3 one copy of each of these.
4 THE COURT: For Mr. Bolz
5 THE CASE MANAGER: Then I'll

PY
6 THE COURT: Okay.
7 MR. BOLZ: Thank you very much. I - but I can

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8 send in sets of envelopes to the clerk?

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9 THE CASE MANGER: Yes.
10 MR. BOLZ: We'll get that done today. I

ED
11 understand --
12 THE CASE MANGER: Yes.
FI
13
THE COURT: You should go down to the clerk.
TI

14 THE CASE MANAGER: So, what --

15
ER

THE COURT: But, I think Mr. Bolz ought to go

16 down to the clerk and find out exactly what he
17
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needs. He needs blank certificat es of titles.

18
THE CASE MANAGER: He needs one certificat e of
A

19 title, the way you're going to want it to read.

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20
And then, you're going to need, just, envelopes for
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21
everyone on the services list for the certific~t es,
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22
and there are three certificat es, the title, the
23 disbursem ents and the sale.
24 THE COURT: Okay.
25 MR. BOLZ: Three sets of envelopes?

JULIO A. MOCEGA & ASSOCIATES 305-374-0181