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Filing # 197536105 E-Filed 05/02/2024 07:54:27 PM
IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR BREVARD COUNTY, FLORIDA
Regions Bank d/b/a Regions Mortgage GENERAL JURISDICTION DIVISION
Plaintiff, 05-2022-CA-057685
vs.
The Unknown Heirs, Devisees, Grantees, Assignees,
Lienors, Creditors, Trustees, and all other parties
claiming interest by, through, under or against the
Estate of Frances C. Childs, Deceased; Stephen
Henry Cottone a/k/a Stephen H. Cottone; Ann
Cottone Edmonson; The Unknown Heirs, Devisees,
Grantees, Assignees, Lienors, Creditors, Trustees,
and all other parties claiming interest by, through,
under or against the Estate of Frank Cottone Jr.,
Deceased; Anthony Cottone
Defendants.
/
PLAINTIFF’S MOTION FOR ORDER DISMISSING CASE, CANCELLING
FORECLOSURE SALE, CANCELLING NOTICE OF LIS PENDENS, SETTING ASIDE
FINAL JUDGMENT OF FORECLOSURE, DIRECTING CLERK TO RETURN
ORIGINAL LOAN DOCUMENTS AND SUBSTITUTE PHOTOSTATIC COPIES IN
THE COURT FILE
COMES NOW Plaintiff, Regions Bank d/b/a Regions Mortgage, by and through its
undersigned counsel, and pursuant to Fla. R. Civ. P. 1.420(a)(2) and 1.540(b)(5) and Fla. Stat. §
702.07 and § 702.08, and files its Motion for entry of an Order Dismissing Case, Cancelling
Foreclosure Sale, Cancelling Notice of Lis Pendens, Setting Aside Final Judgment of Foreclosure,
Directing Clerk to Return Original Loan Documents and Substitute Photostatic Copies in the Court
File, and as grounds therefore states as follows:
1 Plaintiff, pursuant to Fla. R. Civ. P. 1.420(a)(2) and Fla. Stat. § 702.07, requests
that the Court enter an Order dismissing the above-styled case as the loan was paid in full.
2. Plaintiff requests that the foreclosure sale scheduled for October 23, 2024, be
Case No. 05-2022-CA-057685 Page 1 of 3 File # 22-F01220
Filing 197536105
M0 REGIONS BANK VS FRANCES CHILDS
AA ll
05-2022-CA-057685-XXXX-XX
cancelled.
3 Plaintiff requests that the Notice of Lis Pendens filed by the Plaintiff and recorded
in the records of BREVARD County, Florida regarding the below described property:
TAX ID: 29-37-18-JR-2695-18
LOT 18 AND THE SOUTH 1/2 OF LOT 17, BLOCK 2695, PORT MALABAR,
UNIT FIFTY, A SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 23, PAGE(S) 4 THROUGH 21, OF THE PUBLIC
RECORDS OF BREVARD COUNTY, FLORIDA.
be cancelled, vacated, discharged and be of no further force or effect, and the Plaintiff requests
that the Clerk be hereby directed to record this Order to reflect same.
4 Plaintiff requests in accordance with Fla. Stat. §702.07 and Fla. R. Civ. P.
1.540(b)(5), that the Final Judgment of Foreclosure heretofore entered on April 2, 2024, be set
aside and have no further force or effect.
5 Plaintiff, pursuant to Fla. Stat. §702.08, requests that the note and mortgage be,
both in law and equity, completely relieved of all effects of any kind whatsoever resulting from or
on account of the above-styled foreclosure proceedings and the judgment of foreclosure and fully
restored in all respects to the original status of the same as it existed prior to the above-styled
foreclosure proceedings and the judgment of foreclosure.
6. Plaintiff, pursuant to Fla. Stat. §702.08, requests that the original note in possession
of the Clerk be returned to the Plaintiff, care of the undersigned law firm, and photostatic copies
shall be substituted in their place in the Court file.
WHEREFORE, Plaintiff respectfully requests that this Court enter an order: (i) granting
Plaintiffs Motion for Entry of Order Dismissing Case, Cancelling Foreclosure Sale, Cancelling
Notice of Lis Pendens, Setting Aside Final Judgment, Directing Clerk to Return Original Loan
Documents and Substitute Photostatic Copies in Court File; (ii) directing the Clerk to cancel the
05-2022-CA-057685 Page 2 of 3 File # 22-F01220
Filing 197536105 REGIONS BANK VS FRANCES CHILDS 05-2022-CA-057685-XXXX-XX
currently scheduled foreclosure sale; (iii) cancelling the Notice of Lis Pendens; (iv) setting aside
and vacating the previously entered Final Judgment of Foreclosure; (v) directing the Clerk to return
original loan documents to counsel for Plaintiff and substitute photostatic copies of the same in
the Court file; (vi) dismissing the above-styled case without prejudice; and, (vii) granting any and
all such further relief as is deemed appropriate.
I HEREBY CERTIFY that a true and correct copy hereof was served electronically or via
U.S. Mail on May 2, 2024 to all persons shown on the following service list.
BROCK & SCOTT, PLLC
Attorney for Plaintiff
4919 Memorial Highway, Suite 135
Tampa, FL 33634
Phone: (954) 618-6955
Fax: (954) 618-6954
FLCourtDocs@brockandscott.com
By__/s/Justin Kelley
Justin J. Kelley, Esq.
Florida Bar No. 32106
SERVICE LIST
The following persons were served by e-mail:
Stephen Henry Cottone a/k/a Stephen H. Cottone
c/o Steven C. Rubino, Esq.
20283 State Road 7, Ste. #400
Boca Raton, FL 33498
service@rubinofindley.com
Anthony Cottone
c/o Steven C. Rubino, Esq.
20283 State Road 7, Ste. # 400
Boca Raton, FL 33498
service@rubinofindley.com
The following persons were served by U.S. mail:
05-2022-CA-057685 Page 3 of 3 File # 22-F01220
Filing 197536105 REGIONS BANK VS FRANCES CHILDS 05-2022-CA-057685-XXXX-XX
The Unknown Heirs, Devisees, Grantees, Assignees, Lienors, Creditors, Trustees, and all other
parties claiming interest by, through, under or against the Estate of Frances C. Childs, Deceased
NO LAST KNOWN ADDRESS
A copy of the served document may be obtained, on request, from the clerk of court or from the
party serving the document.
Ann Cottone Edmonson
17902 Companion Court
Lake Placid, FL 33852
The Unknown Heirs, Devisees, Grantees, Assignees, Lienors, Creditors, Trustees, and all other
parties claiming interest by, through, under or against the Estate of Frank Cottone Jr., Deceased
NO LAST KNOWN ADDRESS
A copy of the served document may be obtained, on request, from the clerk of court or from the
party serving the document.
Filing 1975364859022-CA-057685 REGIONS BANK VB ERAN GFLCHILDS PHEPEERAY
HG OOK
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Filing # 197536105 E-Filed 05/02/2024 07:54:27 PM IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA Regions Bank d/b/a Regions Mortgage GENERAL JURISDICTION DIVISION Plaintiff, 05-2022-CA-057685 vs. The Unknown Heirs, Devisees, Grantees, Assignees, Lienors, Creditors, Trustees, and all other parties claiming interest by, through, under or against the Estate of Frances C. Childs, Deceased; Stephen Henry Cottone a/k/a Stephen H. Cottone; Ann Cottone Edmonson; The Unknown Heirs, Devisees, Grantees, Assignees, Lienors, Creditors, Trustees, and all other parties claiming interest by, through, under or against the Estate of Frank Cottone Jr., Deceased; Anthony Cottone Defendants. / PLAINTIFF’S MOTION FOR ORDER DISMISSING CASE, CANCELLING FORECLOSURE SALE, CANCELLING NOTICE OF LIS PENDENS, SETTING ASIDE FINAL JUDGMENT OF FORECLOSURE, DIRECTING CLERK TO RETURN ORIGINAL LOAN DOCUMENTS AND SUBSTITUTE PHOTOSTATIC COPIES IN THE COURT FILE COMES NOW Plaintiff, Regions Bank d/b/a Regions Mortgage, by and through its undersigned counsel, and pursuant to Fla. R. Civ. P. 1.420(a)(2) and 1.540(b)(5) and Fla. Stat. § 702.07 and § 702.08, and files its Motion for entry of an Order Dismissing Case, Cancelling Foreclosure Sale, Cancelling Notice of Lis Pendens, Setting Aside Final Judgment of Foreclosure, Directing Clerk to Return Original Loan Documents and Substitute Photostatic Copies in the Court File, and as grounds therefore states as follows: 1 Plaintiff, pursuant to Fla. R. Civ. P. 1.420(a)(2) and Fla. Stat. § 702.07, requests that the Court enter an Order dismissing the above-styled case as the loan was paid in full. 2. Plaintiff requests that the foreclosure sale scheduled for October 23, 2024, be Case No. 05-2022-CA-057685 Page 1 of 3 File # 22-F01220 Filing 197536105 M0 REGIONS BANK VS FRANCES CHILDS AA ll 05-2022-CA-057685-XXXX-XX cancelled. 3 Plaintiff requests that the Notice of Lis Pendens filed by the Plaintiff and recorded in the records of BREVARD County, Florida regarding the below described property: TAX ID: 29-37-18-JR-2695-18 LOT 18 AND THE SOUTH 1/2 OF LOT 17, BLOCK 2695, PORT MALABAR, UNIT FIFTY, A SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE(S) 4 THROUGH 21, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA. be cancelled, vacated, discharged and be of no further force or effect, and the Plaintiff requests that the Clerk be hereby directed to record this Order to reflect same. 4 Plaintiff requests in accordance with Fla. Stat. §702.07 and Fla. R. Civ. P. 1.540(b)(5), that the Final Judgment of Foreclosure heretofore entered on April 2, 2024, be set aside and have no further force or effect. 5 Plaintiff, pursuant to Fla. Stat. §702.08, requests that the note and mortgage be, both in law and equity, completely relieved of all effects of any kind whatsoever resulting from or on account of the above-styled foreclosure proceedings and the judgment of foreclosure and fully restored in all respects to the original status of the same as it existed prior to the above-styled foreclosure proceedings and the judgment of foreclosure. 6. Plaintiff, pursuant to Fla. Stat. §702.08, requests that the original note in possession of the Clerk be returned to the Plaintiff, care of the undersigned law firm, and photostatic copies shall be substituted in their place in the Court file. WHEREFORE, Plaintiff respectfully requests that this Court enter an order: (i) granting Plaintiffs Motion for Entry of Order Dismissing Case, Cancelling Foreclosure Sale, Cancelling Notice of Lis Pendens, Setting Aside Final Judgment, Directing Clerk to Return Original Loan Documents and Substitute Photostatic Copies in Court File; (ii) directing the Clerk to cancel the 05-2022-CA-057685 Page 2 of 3 File # 22-F01220 Filing 197536105 REGIONS BANK VS FRANCES CHILDS 05-2022-CA-057685-XXXX-XX currently scheduled foreclosure sale; (iii) cancelling the Notice of Lis Pendens; (iv) setting aside and vacating the previously entered Final Judgment of Foreclosure; (v) directing the Clerk to return original loan documents to counsel for Plaintiff and substitute photostatic copies of the same in the Court file; (vi) dismissing the above-styled case without prejudice; and, (vii) granting any and all such further relief as is deemed appropriate. I HEREBY CERTIFY that a true and correct copy hereof was served electronically or via U.S. Mail on May 2, 2024 to all persons shown on the following service list. BROCK & SCOTT, PLLC Attorney for Plaintiff 4919 Memorial Highway, Suite 135 Tampa, FL 33634 Phone: (954) 618-6955 Fax: (954) 618-6954 FLCourtDocs@brockandscott.com By__/s/Justin Kelley Justin J. Kelley, Esq. Florida Bar No. 32106 SERVICE LIST The following persons were served by e-mail: Stephen Henry Cottone a/k/a Stephen H. Cottone c/o Steven C. Rubino, Esq. 20283 State Road 7, Ste. #400 Boca Raton, FL 33498 service@rubinofindley.com Anthony Cottone c/o Steven C. Rubino, Esq. 20283 State Road 7, Ste. # 400 Boca Raton, FL 33498 service@rubinofindley.com The following persons were served by U.S. mail: 05-2022-CA-057685 Page 3 of 3 File # 22-F01220 Filing 197536105 REGIONS BANK VS FRANCES CHILDS 05-2022-CA-057685-XXXX-XX The Unknown Heirs, Devisees, Grantees, Assignees, Lienors, Creditors, Trustees, and all other parties claiming interest by, through, under or against the Estate of Frances C. Childs, Deceased NO LAST KNOWN ADDRESS A copy of the served document may be obtained, on request, from the clerk of court or from the party serving the document. Ann Cottone Edmonson 17902 Companion Court Lake Placid, FL 33852 The Unknown Heirs, Devisees, Grantees, Assignees, Lienors, Creditors, Trustees, and all other parties claiming interest by, through, under or against the Estate of Frank Cottone Jr., Deceased NO LAST KNOWN ADDRESS A copy of the served document may be obtained, on request, from the clerk of court or from the party serving the document. Filing 1975364859022-CA-057685 REGIONS BANK VB ERAN GFLCHILDS PHEPEERAY HG OOK