IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT

IN AND FOR MIAMI DADE COUNTY FLORIDA

WORLD SAVINGS BANK (FSB)

CASE NO. xxxxxxxxxxx

FBN xxxxx

Plaintiff,
vs.
JOHN DOE,
Defendants
______________________________________________/
PLAINTIFFS MOTION TO CANCEL FORECLOSURE SALE
SET FOR JANUARY 17, 2012 AND RESET SALE
TO A DATE NO SOONER THAN MARCH 19, 2012
COMES NOW, Defendant, JOHN DOE (hereinafter Defendant), by and
through undersigned counsel, hereby files its Motion to Cancel Foreclosure Sale Set for
January 17, 2012 and Reset Sale to a Date No Sooner Than March 19, 2012 and as
grounds therefor as follows:

1.
2.

This is a mortgage foreclosure action.

On June 24, 2011, this Court entered a Consented Summary Final Judgment with a

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scheduled judicial sale date of October 21, 2011.

The parties attended a post judgment mediation to attempt to obtain a modification of the

4.

subject loan and resolve this matter to avoid a judicial sale of Defendants property.
On or about July 28, 2011 Defendant was approved for a trial modification for the subject
loan with monthly payments in the amount of $1,196.14 beginning on September 1, 2011,
a copy of the approval letter for said trial modification is attached hereto as Defendants
Exhibit A.

5.

Upon information and belief, purely clerical issues are preventing the transition from trial

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modification into permanent modification of the subject loan.

Plaintiff has requested that the sale set for January 17, 2012 be cancelled stating that
Plaintiff is making a good faith effort to save the Defendants home by reviewing an
application for loan modification and needs additional time to complete and Plaintiff
requests the sale set for January 17, 2012 be cancelled due to loss mitigation workout and
needs additional time to complete same a copy of Plaintiffs Motion to Cancel
Foreclosure Sale Set For January 17, 2012 and Reset Sale To a Date No Sooner Than

7.

March 19, 2012 is attached hereto as Defendants Exhibit C.

On January 10, 2012, this Court denied Plaintiffs Motion citing lack of supporting
documentation to evidence grounds, a copy of this Courts January 10, 2012 Order is

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attached hereto as Defendants Exhibit D.

Defendant was not present at the hearing on January 10, 2012 and upon information and
belief, the Court was not presented with the documents attached as Defendants Exhibits

9.

A and B.
It is respectfully submitted that the documents attached as Defendants Exhibits A and
B provide sufficient evidence to demonstrate that all parties are working in good faith
to save Defendants house and that the judicial sale of the subject property on January 17,

10.

2012 would frustrate the parties efforts of saving Defendants house.

, is being Defendant has made all of its required payments and continues to make timely
payments as they become due, a copy of receipts evidencing Defendants timely

11.

payments to Plaintiff is attached hereto as Defendants Exhibit B.

case involves a mortgage foreclosure suit in which the Plaintiff, WORLD SAVINGS
BANK (FSB) (hereinafter World Savings Bank) sought to foreclose a mortgage against
Defendant.

12.

On May 5, 2011, at a Non-Jury Trial, this Court entered an Order setting Mediation and
rescheduling the Non-Jury Trial for June 24, 2011, a copy of the May 5, 2011 Order is
attached hereto as Defendants Exhibits A.

13.

Plaintiff contacted the Collins Center for Public Policy (hereinafter Collins Center) as
the Mediation facility to mediate this case.

14.

Defendant provided all necessary documents and completed the financial counseling as
required by the Collins Center in a timely manner when request was made.

15.

On June 13, 2011, the Collins Center notified Defendants counsel via email that the
earliest available mediation date was July 19, 2011. A copy of the email from the Collins
Center confirming the mediation date is attached hereto as Defendants Exhibit B.
WHEREFORE, Defendant requests this Honorable Court cancel the sale date
scheduled for January 17, 2012 and reset the sale date for a date not sooner than March
19, 2012.

Respectfully submitted,
By:__________________________________
Xxxxxxxx, Esq.
Attorney for Defendant
Florida Bar No. xxxxxxx

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the foregoing was furnished by email and US
Mail to STRAUS & EISLER, P.A. Attorneys for Plaintiff, 10081 Pines Blvd, Suite C,
Pembroke Pines, Florida 33024 on this 16th day of January, 201.
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_____________________________
Xxxxxxxx, Esq.