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Filing # 147793301 E-Filed 04/15/2022 04:54:41 PM
IN THE COUNTY COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
LH-NP-STRAT DELAWARE OWER TRUST,
Case No.: 2021-CA-002720
Plaintiff,
VS.
BROWN’S 1998, LLC; REBECCA V. STAYTON, A/K/A
REBECCA STAYTON, et. al.,
Defendants.
__________________________________________/
EMERGENCY MOTION TO VACATE/SET ASIDE FINAL JUDGMENT OF
FORECLOSURE AND CANCEL FORECLOSURE SALE
COME NOW the Defendants, BROWN’S 1998, LLC and REBECCA V. STAYTON (the
“Defendants”) , by and through their undersigned attorney, and pursuant to Fla. R. Civ. P. Rule
1.540 and files this Emergency Motion to Vacate/Set Aside Final Judgment of Foreclosure and
Cancel Foreclosure Sale, (“MTN To Vacate and Cancel”), and in support thereof states as follows:
I. INTRODUCTION
This case was initiated by the Plaintiff on October 11, 2021 to foreclose on a residential
mortgage (the “Foreclosure Action”) for an alleged default by the Defendants for the property
located at 516 Longmeadow Street, Celebration, FL 34747 (the “Property”).
Defendant, Rebecca Stayton (“Stayton”) is a citizen of the United Kingdom and resided in
the UK during this action, and Plaintiff was aware Stayton resided in the UK1.
Further, in a letter Stayton sent to the servicer of the subject loan dated January 3, 2019,
Stayton notified the servicer of her change of address as being 3rd Floor, 207 Regent Street,
London, W1B 3HH, and asked that her records be updated to reflect her new address. See attached
Exhibit A.
Despite being aware that Stayton’s primary address was in the UK, that they did not reside
in the Subject Property, and while having Stayton’s address on file, the Plaintiff never mailed
Stayton any of its pleadings or filings during the pendency of this action to her UK address.
1
The Personal Guaranty attached to Plaintiff’s Complaint lists Stayton’s address as 7 Hatching Green Close, Harpenden, Herts, UK
AL52LB.
Stayton is the Trustee of the Brown, Grant & Levi Trust (“Trust”), which manages Brown’s
1998 LLC (“Brown’s”), the owner of the Property.
Brown’s registered as a Florida Limited Liability Company and filed its Articles of
Organization on June 20, 2018; and Harding Bell was then named, and continues to be, Brown’s
registered agent.
Stayton was forwarded a copy of the Foreclosure Action Complaint from Harding Bell,
who was properly served said Complaint on behalf of Brown’s.
Stayton, individually, and on behalf of Brown’s filed a timely answer to the Complaint,
then began settlement negotiations with Plaintiff’s counsel through her attorney, Lewis Oliver.
While Stayton, through counsel, was negotiating in good faith trying to resolve the matter
and/or pay off the loan, the Plaintiff marched ahead with the Foreclosure Action, however, Plaintiff
never served any other motions, hearing notices, or any court filings to Stayton or Brown’s.
In fact, Plaintiff filed a Motion for Summary Final Judgment of Foreclosure and
Reestablishment of Lost Note (“MSJ”) on January 8, 2022, noticed it for a hearing on March 10,
2022, but copies of these filings were never served to Stayton or Brown’s.
Also of note is that Plaintiff’s counsel was communicating with counsel for the Defendants,
Lewis Oliver, prior to the MSJ having been filed, yet never provided a copy to Mr. Oliver.
The only filing received by Stayton and Brown’s after the initial Complaint was a copy of
the Final Judgment of Foreclosure entered on March 15, 2022. Much too little, much too late.
The Defendants had no knowledge of the MSJ having been filed, no notice of the hearing
on same, and thus were denied their due process rights to defend themselves in the Foreclosure
Action. See Exhibits B, C, D, and E attached hereto which are affidavits from Rebecca Stayton,
Robert Stayton, Matt Bell, and Lewis Oliver respectively.
For these reasons and the reasons show below, the Defendants ask this Court to Vacate/Set
Aside the Final Judgment of Foreclosure and cancel the foreclosure sale currently scheduled for
April 26, 2022.
II. MEMORANDUM OF LAW
a. Florida Rules of Civil Procedure
Fla. R. Civ. P. Rule 1.540 – RELIEF FROM JUDGMENT, DECREES, OR ORDERS is
operative here and Rule 1.540(b) states in pertinent part:
(b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud; etc.
On motion and upon such terms as are just, the court may relieve a party or a party’s legal
representative from a final judgment, decree, order, or proceeding for the following
reasons:
(1) mistake, inadvertence, surprise, or excusable neglect;
(2) newly discovered evidence which by due diligence could not have been discovered
in time to move for a new trial or rehearing;
(3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or
other misconduct of an adverse party;
The motion shall be filed within a reasonable time, and for reasons (1), (2), and (3) not
more than 1 year after the judgment, decree, order, or proceeding was entered or taken. A
motion under this subdivision does not affect the finality of a judgment, decree, or order or
suspend its operation.
Therefore, this motion is timely filed.
While not alleging fraud, the Defendants have presented recently discovered evidence, and
possible misrepresentations made by the Plaintiff, showing that the Defendants were denied their
due process rights by never having been served or notified of the MSJ or the hearing on same.
No court filings were ever sent to Stayton at her known address, none served to Brown’s
registered agent after the initial Complaint, and as a result the Defendants were denied their
opportunity to defend themselves in this action.
b. Violation of Due Process
For the reasons shown above, the Defendants’ due process rights were violated as they were
deprived of their opportunity to be heard, present evidence, or to defend their position in Court.
The Fifth Amendment’s due process clause states that no person shall “be deprived of life,
liberty, or property, without due process of law.” The Fourteenth Amendment also provides due
process protection from state action by stating that no State shall “deprive any person of life,
liberty, or property, without due process of law.” Similarly, Article I, § 9 of the Florida
constitution provides that “[no] person shall be deprived of life, liberty, or property, without due
process of law.” The fundamental requirement of due process of law is the opportunity to be
heard. Greene v. Lindsey, 456 U.S. 444, 449 (1982), State Plant Bd. v Smith, 110 So.2d 401, 407
(Fla. 1959), and Tomayko v. Thomas, 143 So.2d 227, 230 (Fla. 3d DCA 1962).
The opportunity must be full, fair, and not illusory in nature. State Plant Bd. at 407 and
Tomayko at 230. It is a denial of due process when a party is not afforded a chance to fully present
his or her case including defenses. See Tomayko at 230.
The protection afforded by the constitutional guarantee of due process of law extends, of
course, into every type of legal proceeding. “In observing due process of law, the opportunity to
be heard must be full and fair, not merely colorable or illusive.” Ryan’s Furniture Exchange,
Inc. v. McNair, 120 Fla. 109, 162 So. 483. Id. (emphasis added).
"Fair notice and a reasonable opportunity to be heard shall be given interested parties before
a judgment or decree is rendered." Tibbetts v. Olson, 91 Fla. 824, 108 So. 679; McDaniel v. McElvy,
91 Fla. 770, 108 So. 820, 51 A. L. R. 731; Fiehe v. R. E. Householder Co., 98 Fla. 627, 125 So. 2.
Id.
Defendants argue there was a lack of notice and therefore lack of due process." A
fundamental requirement of due process in any judicial proceeding is notice reasonably
calculated both to apprise interested parties of the pendency of the action, and to give the party
so notified an opportunity to present his or her side of the controversy." Miler v. Partin, 31
So.3d 224 (Fla. 5th DCA 2010).
The question at heart here is whether the plaintiff reasonably employed knowledge at his
command and exerted an honest and conscientious effort appropriate to the circumstances, to
serve both Stayton and Brown’s a copy of the MSJ and the notice of hearing on same.
Brown’s registered agent was never served a copy of the MSJ or the hearing notice on
same, and Stayton was never mailed a copy of either to her address on file even though she was
named individually as a defendant in this action.
There was no fair notice present in this case, and thus, no opportunity for the Defendants to
be heard, and yet a judgment was entered against them which may ultimately deprived them of
their property.
This foreclosure action saw a Final Judgment of Foreclosure entered, and a sale date set for
the Property to be sold at auction in less than six months after the case was filed.
This never would have occurred had the Defendants been prevented from participating in
the proceedings.
There are facts at issue in this case such as servicer transfers without notice, and the failure
of the Plaintiff to credit payments made by the Defendants, which were never addressed as the
Defendants were denied their opportunity to be heard.
Based upon the foregoing, the Final Judgment of Foreclosure must be vacated and the
foreclosure sale canceled so the Defendants can be given an opportunity to be heard, as is their
right, and the case judged on the merits.
WHEREFORE, based upon the foregoing, the Defendants respectfully ask this court to
enter an order vacating the Final Judgment of Foreclosure entered on March 15, 2022, to cancel
the foreclosure sale currently se to for April 26, 2022, and any other relief this Court see as proper.
Certificate of Service
I hereby certify that a true copy hereof has been furnished to Marc A. Marra, Esq., 10360
West State Rd. 84, Fort Lauderdale, FL 33324, ftlrealprop@kelleykronenberg.com and
mmarra@kelleykronenberg.com via this Court’s electronic notification system and email on this
15th day of April 2022.
*Pursuant to Fla. R. Jud. Admin. 2.516(b)(1)(A), Defendant’s counsel hereby designates its
primary email address for the purposes of email service as: dgervase@provisionlaw.com and
its secondary email as: jkiss@provisionlaw.com*
/s/ Donald Gervase
Donald Gervase
Florida Bar Number: 95584
Provision Law PLLC
310 S. Dillard St. Ste 140
Winter Garden, FL 34787
Phone (407) 287-6767
Fax (888) 391-4992
dgervase@provisionlaw.com
2nd email: jkiss@provisionlaw.com
Exhibit A
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|| Rebecca Victoria Staytonie . ||
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7 Hatching Green Close
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483 Montgomery Place, A
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Thursday, January 3, 2019
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Dear Sir it
Re Brown’s 1998 LLC &516 LongmeadowStreet, Celebration, Florida,34747 ‘
Please note and change my records, that as of today’s date, my UK. mailing address ts changing to a|
207 Regent Street,
3% Floor n
London.
fe
keg
WIB 3HH
Ge) Please make sure all records are update and any further correspondence ts sent to this address i
If you require any further information, please let me know i
- 5
Kind regards 5
a8
i vi
4
Rebecca Stayton 4
4 ‘
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GR Ym RP Sy PE wa “PT,
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Exhibit B
AFFIDAVIT OF REBECCA STAYTON
I, Rebecca Stayton, am over the age of eighteen (18), have personal knowledge of the
matters set forth below, and am competent to testify to the matters set forth herein.
I am Trustee of the Brown, Grant & Levi Trust ("Trust"), which manages Brown's 1998
LLC ("Brown's"), the owner of the subject property located at 516 Longmeadow Street,
Celebration, FL 34747 (the "Property").
Brown's registered as a Florida Limited Liability Company and filed its Articles of
Organization on June 20, 2018; and Harding Bell was then named, and continues to be, Brown's
registered agent. See attached Exhibit 1.
In Harding Bell's role as registered agent, they are required to log every correspondence
they receive for the companies for which they are the registered agent, and also to promptly notify
the respective companies for whom they have accepted service of any court documents or any
other correspondence.
I have always been forwarded ALL comrimnications received by Harding Bell for Brown's,
from code violations to the Foreclosure Complaint referenced in the following paragraph.
On October I 8, 2021, Harding Bell was served a 62 page copy of the Civil Action
Summons, Standing Case Management Plain/Order, Notice ofRMFM Program to be Served with
Summons, Notice of Lis Pendens, and Verified Complaint to Foreclose Mortgage,
Reestablishment of Lost Note. and Breach of Guaranty with exhibits attached, for Case No.: 202 l
CA-002720, pending in the Circuit Court of the 9th Judicial Circuit in and for Osceola County,
Florida (the "Foreclosure Action"), and emailed the same to me the same day. See attached
Exhibit 2.
Despite the fact that the Foreclosure Action lasted several months, Harding Bell was not
served, nor did it receive any further communications from the Plaintiff in the Foreclosure Action
until it received a copy of the Final Judgment of Foreclosure ("FJ'') entered on March 10, 2022
with Judge Margaret H. Schreiber's stamp.
Harding Bell received the FJ on March 17, 2022 and emailed a copy of the same to my
husband, Robert Stayton the same day. Sec attached Exhibit 3.
I have been informed thar there were a number of filings, motions, and hearing notices in
the Foreclosure Action between the date Harding Bell received the initial Foreclosure Action
Page 1 nf2
documents and the FJ, however, Harding Bell, although listed in the Plaintiff's Certificate of
Service as having been sent copies of the afore mentioned filings, motions, and hearing notices,
did not receive any of them, nordidI. .
As such, Brown’s was denied its due process rights and was not able to defend itself in the
Foreclosure Action.
This is a miscarriage ofjustice that must be corrected.
Rebecca Stayton
I HEREBY CERTIFY that this is a true, correct copy and complete in all material respects.
STATE OF FLORIDA
COUNTY OF _OSc eg Alc
] HEREBY CERTIFY the foregoing. instrumerft was acknowledged ,before me, by means
of{physical
by
presence or (J online notarizatign, this -4——day of cloril , 2022,
Rebecca Stayton, who is/are personally known to The, or who produced
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Page 2 of 2
Exhibit 1
1 1 1 1 L18000151148
Electronic
. Articles
oe OF. of py
Organization FILED 8°00 AM
June 20, 2018
Florida Limited Liability Company Sec. Of State
amearranza
Article I
The name of the Limited Liability Company 1s:
BROWN'S 1998, LLC
Article I
The street address of the principal office of the Limited Liability Company 1s:
113 PONTOTOC PLAZA
AUBURNDALE, FL. US 33823
The mailing address of the Limited Liability Company 1s:
113 PONTOTOC PLAZA
AUBURNDALE, FL. US 33823
Article III
The name and Florida street address of the registered agent 1s:
HARDING BELL INTERNATIONAL, INC.
113 PONTOTOC PLAZA
AUBURNDALE, FL. 33823
Having been named as registered agent and to accept service of process for the above stated limited
liability company at the place designated in this certificate, I hereby accept the appointment as registered
agent and agree to act in this capacity. I further agree to comply with the provisions of all statutes
relating to the proper and complete performance of my duties, and I am familiar with and accept the
obligations of my position as registered agent.
Registered Agent Signature: MATTHEW L. BELL CPA
Article IV L18000151148
The name and address of person(s) authorized to manage LLC: Ee a
Pp 8 June 20, 2018
Title: MGR Sec. Of State
BROWN, GRANT & LEVI TRUST aMmearranza
52 RILEY RD
CELEBRATION, FL. 34747 US
Signature of member or an authorized representative
Electronic Signature: MARK WARDA, AUTHORIZED REPRESENTATIVE
Ifacts
am the member
stated hereinorareauthorized
true. I amrepresentative submitting
aware that false thesesubmitted
information Articles ofinOrganization andtheaffirm
a document to that the
Department
of State constitutes a third degree felony as provided for in s.817.155, F.S. I understand the requirement to
file
and an annual
every yearreport between
thereafter January"active"
to maintain 1st and May
status.Ist in the calendar year following formation ofthe LLC
Exhibit 2
Provision Law PLLC Mail - Fwd: Civil Action Summons - Received 10-... https://mail.google.com/mail/u/0/?ik=9fc30ae548&view=pt&search=all...
subscribe to our newsletter - Click Here
Tel: (001) 863 968 1010
Fax: (001) 863 968 1020
General email: info@HBItax.com
Website: www.HBItax.com
This email and all documents accompanying this transmission contain information from the accounting firm of Harding Bell International, Inc. and is
confidential and/or privileged. The information is intended to be for the exclusive use of the individual(s) or entity(ies) named on this email. If you are not
the intended recipient, be aware that any disclosure, copying, distribution or other use of the information contained in this email and any attachments is
prohibited. If you have received this email in error, please delete the email and notify us by telephone immediately at (863) 968 1010 so that we can
direct it to the proper recipient.
From: Amy Romaniello | Harding Bell International, Inc.
Sent: Monday, October 18, 2021 4:13 PM
To: rob@stayton.co.uk; becky@stayton.co.uk
Subject: Civil Action Summons - Received 10-18-2021
Importance: High
Hello Mrs. Stayton,
Please find attached Civil Action Summons that we received by court appointed officer today.
Kind Regards,
Amy Romaniello
HARDING BELL INTERNATIONAL, Inc.
Foreign & Domestic Investment Tax & Accounting Specialists
2 of 4 4/12/2022, 2:30 PM
Provision Law PLLC Mail - Fwd: Civil Action Summons - Received 10-... https://mail.google.com/mail/u/0/?ik=9fc30ae548&view=pt&search=all...
8687 W. Irlo Bronson Memorial Hwy. (192), Suite 206
Kissimmee, Florida. 34747, USA
113 Pontotoc Plaza
Auburndale, Florida. 33823, USA
29 State Road 60 West
Lake Wales, Florida. 33853 USA
subscribe to our newsletter - Click Here
Tel: (001) 863 968 1010
Fax: (001) 863 968 1020
Personal email: amy.romaniello@HBItax.com
General email: info@HBItax.com
Website: www.HBItax.com
This email and all documents accompanying this transmission contain information from the accounting firm of Harding Bell International, Inc. and is
confidential and/or privileged. The information is intended to be for the exclusive use of the individual(s) or entity(ies) named on this email. If you are not
the intended recipient, be aware that any disclosure, copying, distribution or other use of the information contained in this email and any attachments is
prohibited. If you have received this email in error, please delete the email and notify us by telephone immediately at (863) 968 1010 so that we can
direct it to the proper recipient.
9 attachments
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BROWNS 1998.pdf
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Exhibit 3
Provision Law PLLC Mail - Fwd: Final Judgment of Foreclosure https://mail.google.com/mail/u/0/?ik=9fc30ae548&view=pt&search=all...
Website: www.HBItax.com
This email and all documents accompanying this transmission contain information from the accounting firm of
Harding Bell International, Inc. and is confidential and/or privileged. The information is intended to be for the
exclusive use of the individual(s) or entity(ies) named on this email. If you are not the intended recipient, be aware
that any disclosure, copying, distribution or other use of the information contained in this email and any attachments
is prohibited. If you have received this email in error, please delete the email and notify us by telephone immediately
at (863) 968 1010 so that we can direct it to the proper recipient.
Final Judgment of Foreclosure.pdf
2984K
2 of 2 4/11/2022, 3:34 PM
Exhibit C
AFFIDAVIT OF ROBERT STAYTON
I, Robert Stayton, am over the age of eighteen ( 18), have personal knowledge of the matters
set forth below, and am competent to testify to the matters set forth herein.
I am Trustee of the Brown, Grant & Levi Trust ("Trust"), which manages Brown's 1998
LLC ("Brown's"), the owner of the subject property located at 516 Longmeadow Street,
Celebration, FL 34747 (the "Property").
Brown's registered as a Florida Limited Liability Company and filed its Articles of
Organization on June 20, 2018; and Harding Bell was then named, and continues to be, Brown's
registered agent. See attached Exhibit 1.
In Harding Bell's role as registered agent, they are required to log every correspondence
they receive for the companies for which they are the registered agent, and also to promptly notify
the respective companies for whom they have accepted service of any court documents or any
other correspondence.
I have always been forwarded ALL communications received by Harding Bell for Brown's,
from code violations to the Foreclosure Complaint referenced in the following paragraph.
On October 18, 2021, Harding Bell was served a 62 page copy of the Civil Action
Summons, Standing Case Management Plain/Order, Notice ofRMFM Program to be Served with
Summons, Notice of Lis Pendens, and Verified Complaint to Foreclose Mortgage,
Reestablishment of Lost Note, and Breach of Guaranty with exhibits attached, for Case No.: 2021-
CA-002720, pending in the Circuit Court of the 9 th Judicial Circuit in and for Osceola County,
Florida (the "Foreclosure Action"), and emailed the same to me the same day. See attached
Exhibit 2.
Despite the fact that the Foreclosure Action lasted several months, Harding Bell was not
served, nor did it receive any further communications from the Plaintiff in the Foreclosure Action
until it received a copy of the Finai Judgment of Foreclosure ("FJ") entered on March 10, 2022
with Judge Margaret H. Schreiber's stamp.
Harding Bell received the FJ on March 17, 2022 and emailed a copy of the same to me
the same day. See attached Exhibit 3.
I have been informed that there were a number of filings, motions, and hearing notices in
the Foreclosure Action between the date Harding Bell received the initial Foreclosure Action
Page 1 of2
documents and the FJ, however, Harding Bell, although listed in the Plaintiffs Certificate of
Service as having been sent copies of the afore mentioned filings, motions, and hearing notices,
did not receive any of them, nor didi. -
As such, Brown’s was denied its due process rights and was not able to defend itself in the
Foreclosure Action.
This is a miscarriage ofjustice that must be corrected.
¢gZL;
I HEREBY CERTIFY that this is a true, correct copy and complete in all material respects.
STATE OF FLORIDA
COUNTY OF Cseadla
| HEREBY CERTIFY the forsgo:ng instrument was a owledged before me, by means
ofCVphysical presence or 0 online notarizatiyn, this | day of _8&4 pri , 2022,
by Robert Stayton, who is/are persongliy known, to me, ok who © produced
Cee Fasspox+ 5235 1U224 U as identification. {s
(SEAL)
_NotaryCue waa
Public
Ken
O TT V A L D L GORDON|
STE chest reasoner» |
My CommissionExpiresTy e iyComm.Exes taon
: Gt nae, 1 % Ly cays a A i Ma 2, 2024
Page 2 of 2
Exhibit 1
1 1 1 1 L18000151148
Electronic
. Articles
oe OF. of py
Organization FILED 8°00 AM
June 20, 2018
Florida Limited Liability Company Sec. Of State
amearranza
Article I
The name of the Limited Liability Company 1s:
BROWN'S 1998, LLC
Article I
The street address of the principal office of the Limited Liability Company 1s:
113 PONTOTOC PLAZA
AUBURNDALE, FL. US 33823
The mailing address of the Limited Liability Company 1s:
113 PONTOTOC PLAZA
AUBURNDALE, FL. US 33823
Article III
The name and Florida street address of the registered agent 1s:
HARDING BELL INTERNATIONAL, INC.
113 PONTOTOC PLAZA
AUBURNDALE, FL. 33823
Having been named as registered agent and to accept service of process for the above stated limited
liability company at the place designated in this certificate, I hereby accept the appointment as registered
agent and agree to act in this capacity. I further agree to comply with the provisions of all statutes
relating to the proper and complete performance of my duties, and I am familiar with and accept the
obligations of my position as registered agent.
Registered Agent Signature: MATTHEW L. BELL CPA
Article IV L18000151148
The name and address of person(s) authorized to manage LLC: Ee a
Pp 8 June 20, 2018
Title: MGR Sec. Of State
BROWN, GRANT & LEVI TRUST aMmearranza
52 RILEY RD
CELEBRATION, FL. 34747 US
Signature of member or an authorized representative
Electronic Signature: MARK WARDA, AUTHORIZED REPRESENTATIVE
Ifacts
am the member
stated hereinorareauthorized
true. I amrepresentative submitting
aware that false thesesubmitted
information Articles ofinOrganization andtheaffirm
a document to that the
Department
of State constitutes a third degree felony as provided for in s.817.155, F.S. I understand the requirement to
file
and an annual
every yearreport between
thereafter January"active"
to maintain 1st and May
status.Ist in the calendar year following formation ofthe LLC
Exhibit 2
Provision Law PLLC Mail - Fwd: Civil Action Summons - Received 10-... https://mail.google.com/mail/u/0/?ik=9fc30ae548&view=pt&search=all...
subscribe to our newsletter - Click Here
Tel: (001) 863 968 1010
Fax: (001) 863 968 1020
General email: info@HBItax.com
Website: www.HBItax.com
This email and all documents accompanying this transmission contain information from the accounting firm of Harding Bell International, Inc. and is
confidential and/or privileged. The information is intended to be for the exclusive use of the individual(s) or entity(ies) named on this email. If you are not
the intended recipient, be aware that any disclosure, copying, distribution or other use of the information contained in this email and any attachments is
prohibited. If you have received this email in error, please delete the email and notify us by telephone immediately at (863) 968 1010 so that we can
direct it to the proper recipient.
From: Amy Romaniello | Harding Bell International, Inc.
Sent: Monday, October 18, 2021 4:13 PM
To: rob@stayton.co.uk; becky@stayton.co.uk
Subject: Civil Action Summons - Received 10-18-2021
Importance: High
Hello Mrs. Stayton,
Please find attached Civil Action Summons that we received by court appointed officer today.
Kind Regards,
Amy Romaniello
HARDING BELL INTERNATIONAL, Inc.
Foreign & Domestic Investment Tax & Accounting Specialists
2 of 4 4/12/2022, 2:30 PM
Provision Law PLLC Mail - Fwd: Civil Action Summons - Received 10-... https://mail.google.com/mail/u/0/?ik=9fc30ae548&view=pt&search=all...
8687 W. Irlo Bronson Memorial Hwy. (192), Suite 206
Kissimmee, Florida. 34747, USA
113 Pontotoc Plaza
Auburndale, Florida. 33823, USA
29 State Road 60 West
Lake Wales, Florida. 33853 USA
subscribe to our newsletter - Click Here
Tel: (001) 863 968 1010
Fax: (001) 863 968 1020
Personal email: amy.romaniello@HBItax.com
General email: info@HBItax.com
Website: www.HBItax.com
This email and all documents accompanying this transmission contain information from the accounting firm of Harding Bell International, Inc. and is
confidential and/or privileged. The information is intended to be for the exclusive use of the individual(s) or entity(ies) named on this email. If you are not
the intended recipient, be aware that any disclosure, copying, distribution or other use of the information contained in this email and any attachments is
prohibited. If you have received this email in error, please delete the email and notify us by telephone immediately at (863) 968 1010 so that we can
direct it to the proper recipient.
9 attachments
image001.png
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3 of 4 4/12/2022, 2:30 PM
Provision Law PLLC Mail - Fwd: Civil Action Summons - Received 10-... https://mail.google.com/mail/u/0/?ik=9fc30ae548&view=pt&search=all...
image002.jpg
1K
image003.png
2K
image004.jpg
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BROWNS 1998.pdf
3473K
4 of 4 4/12/2022, 2:30 PM
Exhibit 3
Provision Law PLLC Mail - Fwd: Final Judgment of Foreclosure https://mail.google.com/mail/u/0/?ik=9fc30ae548&view=pt&search=all...
Website: www.HBItax.com
This email and all documents accompanying this transmission contain information from the accounting firm of
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Final Judgment of Foreclosure.pdf
2984K
2 of 2 4/11/2022, 3:34 PM
Exhibit D
AFFIDAVIT OF MATT BELL
I, Matt Bell, am over the age of eighteen ( 18), have personal knowledge of the matters set
forth below, and am competent to testify to the matters set forth herein.
I am one of the owners of Harding Bell International, Inc. ("Harding Bell"), which serves
as the registered agent for BROWN'S 1998 LLC ("Brown's").
Brown's registered as a Florida Limited Liability Company and filed its Articles of
Organization on June 20, 2018; and Harding Bell was then named, and continues to be, Brown's
registered agent. See attached Exhibit 1.
In Harding Bell's role as registered agent, we have internal policies in place requiring our
staff to log every correspondence we receive for the companies for which we are the registered
agent, and also to promptly notify the respective companies for whom we have accepted service
of any court documents or any other correspondence.
On October 18, 2021, our office was served a 62 page copy of the Civil Action Summons,
Standing Case Management Plain/Order, Notice of RMFM Program to be Served with Summons,
Notice of Lis Pendens, and Verified Complaint to Foreclose Mortgage, Reestablishment of Lost
Note, and Breach of Guaranty with exhibits attached, for Case No.: 2021-CA-002720, pending in
the Circuit Court of the 9th Judicial Circuit in and for Osceola County, Florida (the "Foreclosure
Action"), and emailed the same to Rebecca Stayton the same day. See attached Exhibit 2.
Harding Bell was not served, nor did it receive any further communications from the
Plaintiff in the Foreclosure Action until it received a copy of the Final Judgment of Foreclosure
("FJ") entered on March 10, 2022 with Judge Margaret H. Schreiber's stamp.
Harding Bell received the FJ on March 17, 2022 and emailed a copy of the same to Robert
Stayton the same day. See attached Exhibit 3.
I have been informed this week that there were a number of filings, motions, and hearing
notices in the Foreclosure Action between the date we received the initial Foreclosure Action
documents and the FJ, however, Harding Bell, although listed in the Plaintiffs Certificate of
Service as having been sent copies of the afore mentioned filings, motions, and hearing notices,
did not receive any of them.
Page 1 of 2
Matt Bell
I HEREBY CERTIFY that this is a true, correct copy and complete in all material respects.
STATE OF FLORIDA
COUNTY OF [Polk
I HEREBY CERTIFY the foregoing instrument was acknowledged before me, by means
of[xphysical presence or CJ online notarization, this |Sthday of _Apr: | , 202T,2O22L
b Matt _ Bell, who _ is/are or who _ produced
Pon: D. ee Licease as identification.
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Page 2 of 2
Exhibit 1
1 1 1 1 L18000151148
Electronic
. Articles
oe OF. of py
Organization FILED 8°00 AM
June 20, 2018
Florida Limited Liability Company Sec. Of State
amearranza
Article I
The name of the Limited Liability Company 1s:
BROWN'S 1998, LLC
Article I
The street address of the principal office of the Limited Liability Company 1s:
113 PONTOTOC PLAZA
AUBURNDALE, FL. US 33823
The mailing address of the Limited Liability Company 1s:
113 PONTOTOC PLAZA
AUBURNDALE, FL. US 33823
Article III
The name and Florida street address of the registered agent 1s:
HARDING BELL INTERNATIONAL, INC.
113 PONTOTOC PLAZA
AUBURNDALE, FL. 33823
Having been named as registered agent and to accept service of process for the above stated limited
liability company at the place designated in this certificate, I hereby accept the appointment as registered
agent and agree to act in this capacity. I further agree to comply with the provisions of all statutes
relating to the proper and complete performance of my duties, and I am familiar with and accept the
obligations of my position as registered agent.
Registered Agent Signature: MATTHEW L. BELL CPA
Article IV L18000151148
The name and address of person(s) authorized to manage LLC: Ee a
Pp 8 June 20, 2018
Title: MGR Sec. Of State
BROWN, GRANT & LEVI TRUST aMmearranza
52 RILEY RD
CELEBRATION, FL. 34747 US
Signature of member or an authorized representative
Electronic Signature: MARK WARDA, AUTHORIZED REPRESENTATIVE
Ifacts
am the member
stated hereinorareauthorized
true. I amrepresentative submitting
aware that false thesesubmitted
information Articles ofinOrganization andtheaffirm
a document to that the
Department
of State constitutes a third degree felony as provided for in s.817.155, F.S. I understand the requirement to
file
and an annual
every yearreport between
thereafter January"active"
to maintain 1st and May
status.Ist in the calendar year following formation ofthe LLC
Exhibit 2
Provision Law PLLC Mail - Fwd: Civil Action Summons - Received 10-... https://mail.google.com/mail/u/0/?ik=9fc30ae548&view=pt&search=all...
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This email and all documents accompanying this transmission contain information from the accounting firm of Harding Bell International, Inc. and is
confidential and/or privileged. The information is intended to be for the exclusive use of the individual(s) or entity(ies) named on this email. If you are not
the intended recipient, be aware that any disclosure, copying, distribution or other use of the information contained in this email