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Plaintiff,
IN THE Ci:i^OJIT COORT, SEVEK!TH JODICIMt <^SICUIT, IN Sam FOR VOLUSIA C!<3ONTY, FLOEICSl
CftSE NO. ; Bm& OKE JWIQNSL SSSOCI&flQU, BS TRUSTEE f j , 2001-31518-CICI
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ROBERT !8!BD OEHILYNS It, 188>RP, a ^k/a JERILYH Li HaROi SSBH SUE FOG&3?E ? JOHN DOE AND JANE DOS AS UNKNOWN ?&& 3T{3) IK POS^SSICB^ OF THE SPBJECT PRO t. J&Jfcv JL X f
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Defendants , i
PROCEEDINGS: MOTION Qi \Y JODGEMSNT JULY 10 f : 2002 1 1 : 1 0 A.M 11:20 A.H YOLUSia O >UHTY COORISKOSE JMIEX T *? ^ Ujjrxo JPSQ'P jL^^jr 4L i' ^BflHGE JWENOE jj^YTCWB. BJ 1ACH, FLORIOa
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%. -\D BY:
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?he aboire-styled caiise Cc me on to be heard before the Honorable Wxllxam C. Johnsoni Circuit Court Judge, at the tiiae and place abo^re indicate d r for the purpose of
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-SMT M. POST, ESQOIRE Law Offices of Marsfaalll C. Satson 1800 m 49th Street, (Suite 120 (954)-453-0365 Attorney for Plaintiff
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R0BER11 . WMU5 JERILYNH L. W.MD Bro 5e
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P R O C E E D I N G S
Good mojani|ng,
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THE COURT:
style of the case, the naras of the case, and who you are and who you represent, and then we ra.ll ask these people to do the same.
MS. POST: Qartainly, Your Honor, my name is
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Amy Post.
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of mortgage foreclosure^ wliich ha$ been before Your Honor on numerous occasion?> aoguaisit$:d with the soatter THE COtlRf: Could I a sk you to please stand and tell ine your names* .., . . %-v MR. WS&D: Robert War<ji.
US* RGIRD: THE COURT:
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totaling $144r 432* 07, spec ifically to discharge debt associated wth this case, which is supported by affidavit idnch has been t ntered jjato the record this morning. Jtod I faaire a co{ y to giire you*
THE COURT: MS. FOGKTE: H^ire you 3een that? I f< sre got one for her aJLsQ*
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Let me see
what you got. L^t^sia looJ c at this and then If 11 hear you. Jkre you preparing yen ir omi pleadings or is sossaone else doing it for you?
MS, FOGHS1!;: TOE COURT j $S. iUGUTE: THE COOB.T: US. FOGAXE: I f la doi^ ig it myself with help. Hhose he; .p? A frien< L Jta atton ley? No, sir
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it?
THE COURT:
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MS, FCJSlfE: THE COURT: MS* HJGATEi THE COO&T: you? MS* itlGSIE;
I never heard of herWho is 5 pur frxaad? I have po attorney* SHio is the frxend that doas this for
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at this? Have yon shorn (her*, agram* the money and all this? MS* FOSaTS: I've s4at an additional $72,005,22 to Hoioecomiiigs yesterday.
THE CODSf s Wio dx<l you send, it to?
US* FIJG&TE: Hcmecontings Financial Network. THS COURT: I wish you. hadnft done that. I wish you would have brought: it; iB here. You sent it to them yesterday? IIS* EUGRfE:
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one time*
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sent several faxes out to [him. Michael Burke in .Amy Post's office gave me the [address of the Homecomings t t Financial Network. THE COURT: One? MS. FOGATE; That's who the check is made out exchange xs made out to. Who are tihey? They're xn the Bank
MS. POST; They're ti.e senricer. They deal with the payment. THE COQRT: I get so infuriated at the maze
these mortgage cozqpana.es aire creating. MS. FEFGaJTE: Nobody an this company would
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THE COURT: I belief you- That's all I hear all tiie time. Nobody can get through to Nobody will call back. Hdbody will give a last nameMow, where does that leave with us judgement? POST: In regard to the motion for sussaary judgement before I present that to Your Honor, an regard to the affidair.it tfcat Ms. Fugate has presented to me this WQmngr of course, I have no knowledge as to i*hetJier there has beea payment received and accepted by Hos^ccmings* this faontent,
OLUSIA. BEPGRTIHG COfcffiANY
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But in regard to the! affidavit, I certainly haven't had. an opporttaaxty to read it allr &ut in reviewing it briefly, jlfm of the position that I should laoire forward for ikr client on the motion for sunssary judga&entTHE COURT: MS. POST;
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Really?
!FHE COURT; Should ]C hear your argument? i MS* POSf: Ifour , there are ao Issuer of facts to present. There was a the initial mortgage and note were signed on the 7th of August EOOO, The default occurred on May Ist^ 2Q01; wherein, at that time wdi instituted an action against j the shards, proceeded to service, and had a default entered against the Pares, as well as Ms* Fugate, 00 the 28rh of August 2001,: Therefore, any filings **ith the court should not be dteeaied accepted and Presented during the laotion for sissniary judgesient. f
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fhe i^aute is that there has been a default, and at this time my client believes they're entitled to final ludgesoent of mortgage foreclosure based on that default, |
fH COUR1!: Ha^re ybu seen the letter in this filef June 10th, 2002^ jla5^ firm of Marshal Watson,
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HS POST: Yes, Yau|r Honorf I ha$re* Und in regard to that, I haire a^ked of my client ~ of 1 coursef I don't know abottt the current fB&ds that Ms, lUgate is stating sha has presented to Homecomings/ but prior ta that I asked my client to review the records * and if and asked if they had, in factr received any fubds, what: t&ey haira done itfith them if they had, or if they had not, et cetera, and asked my client - representative of my client sign an affidavit in regards jto those facts. I do have that affajdavit: to present to Your Honor this morning, statjing basically that no payoff funds were received from Sara Fugate* and that Kas signed on Jiily 2nd. So |a representative of my clxent 1
THE COURT: iifien did you aoail that, Ms, Fugate? I ha^4 a receipt or a Fedex copy where on February ?th at 9 : 4 8 a.xa^ C* Bnderson signed for the bill of ^cchange that was sent to
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MS, POST; Hay 1 aslsj a question? THE COURT: MS. POST; exchange? MS- FUGME* Okay* Sure, j
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will not 3cnow what this a|s in order COURTj They're in tihe business* Ir*s a i l^ssiJc ins trutme0.t ' I MS. .JEUGRX13; It's aii i&strocaent to pay through a treasury account, ..MS.. Pt^T: Okay' j
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MS. EITGATE;: If you f read the instructions that came with that* it tells (you exactly how to receive
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the funds from the Treasury Department, the US Treasury DepartmentKB* POST2 Okay,
MS* FUOUTE: Jlccordj.ng to Florida Statute 672*304, price payable in money, goodsf realty or otherwise, and I chose otherwise It says the price
can be made payaJble in. money or otherwise, and I chose otherwise, l5ic*i the bill of exchange.
Bud there is a Iarg4 amount of case law supporting tAe facts thai notes and bills of exchange
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MS. POST: Your Honojr, it's my client's position that the terras of the note and mortgage rule this a default. In regards to njaking a payoff of the note and aaortgage, they have deemed they would like those funds seat via certified funds in order to process it. MS. fUGan;: That is certified funds. THE COURT: , I tell jiou. what, you can tell Home serving ( s i c ) , or wtioerer they are, or Bank One, send a representative down here and she* 11 deliver the funds. f Meanwhile, motion for summary judgement is Send me an order. i This case is dismissed.
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denied.
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C E R T I 3I CAT E
I, Deborah Warren Registered Professional Reporter, certify that I was Authorized to and dzd stenographically report the faregoing proceedings and that the transcript xs a true and :;oisplete record of my stenographic notes. j
REBQRTpfS COMPJ&DT