No Value: DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE vs. ALLEN, YVETTE B

On May 31, 121 a No Value was filed involving a dispute between Deutsche Bank National Trust Company As Trustee, and Allen, Gary S, Allen, Yvette B, Blair, Roger C, Blair, Theresa L, Celebration Residential Owners Association Inc, Greenspoon Marder Pa, Toscano, Antonia, Toscano, Thomas, Unknown Spouse Of Yvette B Allen, for CIRCUIT CIVIL in the District Court of Osceola County.

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Filing # 148700668 E-Filed 04/29/2022 05:59:48 PM

IN THE CIRCUIT COURT, NINTH JUDICIAL CIRCUIT,
IN AND FOR OSCEOLA COUNTY, FLORIDA

DEUTSCHE BANK NATIONAL TRUST Case No.: 2020-CA-1981 MF
COMPANY, AS TRUSTEE FOR AMERICAN
HOME MORTGAGE ASSETS TRUST 2006-2,
MORTGAGE-BACKED PASS-THROUGH
CERTIFICATES SERIES 2006-2,

Plaintiff,

vs.

YVETTE B. ALLEN A/K/A YVETTE ALLEN,
ET AL.,

Defendants.

DEFENDANT’S OBJECTION TO SALE AND MOTION TO VACATE THE
CERTIFICATE OF SALE, FINAL JUDGMENT, CLERK’S DEFAULT
AND QUASH SERVICE OF PROCESS

Under Fla. Stat. §45.031(5) and Rule 1.540(b), Fla. R. Civ. P., YVETTE B. ALLEN

(“Defendant”) via its undersigned attorney, objects to the Certificate of Sale, filed on April 19,

2022; moves this Court to Vacate the Certificate of Sale, filed on April 19, 2022, the Final

Judgment of Foreclosure, entered on September 29, 2021, the Clerk’s Default, entered on

February 3, 2021, and to Quash Service of Process on Defendant, stating as follows:

DEFENDANT’S OBJECTION TO SALE
As alleged below, this Court maintains no jurisdiction over Defendant, who is an

indispensible party to this action due to their status as title owner of the foreclosed property.

Specifically, Deutsche Bank National Trust Company, As Trustee For American Home

Mortgage Assets Trust 2006-2, Mortgage-Backed Pass-Through Certificates Series 2006-2,

(“Plaintiff”) failed to file a Affidavit of Due and Diligent Search regarding Defendant, and

therefore the Constructive Service on Defendant is invalid because there is no affidavit filed that
conforms to the requirements of Fla. Stat §49.041. Therefore the subsequent judgment is void

because this Court has never maintained personal jurisdiction over the Defendant or the property.

Additionally, Defendant served a document on Plaintiff’s counsel indicating Defendant’s

intention to respond to the substance of Plaintiff’s Complaint, and therefore Plaintiff was

required to provide Defendant notice that it sought a default, which the Plaintiff failed to

provide. Therefore the Clerk’s Default entered against Defendant is void because it was entered

without notice, rendering the subsequent judgment and certificate of sale void. Finally, the notice

for trial failed to inform Defendant that the trial would be held remotely, and therefore the final

judgment was entered without due process, rendering the final judgment void. When judicial

sales are held in matters in which the underlying judgment is void or voidable, a trial court

abuses its discretion by not vacating the judgment and judicial sale. See Santiago v. Wilmington

Tr., Nat'l Ass'n as Tr. of MFRA Tr. 2015-1, 334 So. 3d 369, 373 (Fla. 5th DCA 2022); See also

Martins v. Oaks Master Prop. Owners Ass'n, Inc., 159 So. 3d 142, 147 (Fla. 5th DCA 2014).

MOTION TO VACATE THE CERTIFICATE OF SALE, FINAL JUDGMENT,
AND CLERK’S DEFAULT AND QUASH SERVICE OF PROCESS

RELEVANT FACTS

1. On August 7, 2020, Plaintiff filed its Verified Complaint for Foreclosure of Mortgage (the

“Complaint”). Jonathan Meisels is listed as the attorney for the Civil Cover Sheet filed in this

matter.

2. On September 21, 2020, Defendant emailed Plaintiff’s counsel1, seeking to discuss this case,

confusing this matter with a concurrent homeowner’s association foreclosure: 2019 CA 3126

MF, and stating that Defendant had attempted to contact his office via phone multiple times

1
At this time the business entity for Plaintiff’s counsel was named Robertson, Anschutz &
Schneid, P.L. Plaintiff’s current counsel, Robertson, Anschutz, Scheid, Crane, & Partners,
PLLC, is a successor to the previous business entity.

2
throughout the day. Hillary Mullin, Esq., and Jonathan Meisels, Esq., each responded to this

email directly. See Exhibit A.

3. Throughout September 21, 2020, Plaintiff’s counsel and Defendant corresponded regarding

the lack of service and foreclosure sale scheduled in 2019 CA 3126 MF. See Exhibit B.

4. On September 22, 2020, after Plaintiff’s counsel aided in resolving the confusing regarding

the foreclosure sale scheduled in 2019 CA 3126 MF, Defendant emailed Plaintiff’s counsel

seeking to pay her mortgage, directly responding to the allegations of the Complaint.

5. Plaintiff’s counsel responded to this email that no litigation hold currently existed, and

Plaintiff’s counsel discussed loss mitigation options with Defendant. See Exhibit C.

6. On November 12, 2020, Defendant again emailed Plaintiff’s counsel regarding paying her

mortgage. See Exhibit D.

7. On December 02, 2020, Plaintiff filed its Verified Return of Non-Service regarding

Defendant.

8. On December 07, 2020, Plaintiff filed its proposed Notice of Action – Constructive Service

for serving Gary Allen and Defendant.

9. On that same date, Plaintiff filed its Affidavit for Service by Publication. See Exhibit E.

10. This affidavit is legally insufficient. The affidavit fails to allege who conducted a diligent

search and inquiry, fails to attach the Affidavit of Due and Diligent Search, and states that

Plaintiff’s counsel was unaware of the residence of Defendant. See Exhibit E.

11. On that same date, Plaintiff filed its Affidavit of Diligent Search and Inquiry. Upon

information and belief, it would appear that this is the Affidavit of Due and Diligent Search

referred to in the Affidavit for Service by Publication. This Affidavit only addresses Gary

Allen, with no statements regarding Defendant. See Exhibit F.

3
12. There is no other relevant service related filing in this matter that could substantiate an

Affidavit of Due and Diligent Search or a Return of Service regarding Defendant.

13. On February 1, 2021, at 3:14:04PM Plaintiff filed a Motion for Default against Defendant

and other defendants, seeking a Clerk’s Default. See Exhibit G.

14. The Motion for Default alleges that it was mailed to Defendant at 106 Acadia Terrace,

Celebration, Florida 34747.

15. On February 3, 2021, at 8:06 AM the Clerk entered a default against Defendant.

16. On July 30, 2021, Plaintiff’s counsel served Defendant with an Amended Order Setting Non-

Jury Foreclosure Trial that indicated the trial would occur on September 29, 2021, at 9:00AM

in Courtroom 5-E. See Exhibit H.

17. On September 29, 2021, Defendant appeared at the Osceola County Courthouse before

9:00AM. Defendant inquired with the first floor help desk where the trial would be held, but

was told that no Court were being held in Courtroom 5-E. Defendant called this Court’s

Judicial Assistant, and was told that the trial had occurred virtually already. See Exhibit I,

Affidavit of Defendant.

GROUND FOR MOTION

THE JUDGMENT, DEFAULT, AND CERTIFICATE OF SALE MUST BE VACATED
AND CONSTRUCTIVE SERVICE MUST BE QUASHED BECAUSE THE PLAINTIFF
FAILED TO COMPLY WITH FLA. STAT §49.041

“Because the lack of personal service implicates due process concerns, a plaintiff must

strictly comply with the statutory requirements. Failure to strictly comply renders a

subsequent judgment voidable. If service of process is so defective that it amounts to no

notice of the proceedings, the judgment is void. See Martins v. Oaks Master Prop. Owners

4
Ass'n, Inc., 159 So. 3d 142, 145–46 (Fla. 5th DCA 2014) (internal citations omitted). Under Fla.

Stat. §49.041,

“[A] plaintiff seeking to obtain service of process by publication against a natural
person must file an affidavit showing:
(1) That diligent search and inquiry have been made to discover the name and
residence of such person, and that the same is set forth in said sworn statement as
particularly as is known to the affiant; and
(2) Whether such person is over or under the age of 18 years, if his or her age is
known, or that the person's age is unknown; and
(3) In addition to the above, that the residence of such person is, either:
(a) Unknown to the affiant; or
(b) In some state or country other than this state, stating said residence if known;
or
(c) In the state, but that he or she has been absent from the state for more than 60
days next preceding the making of the sworn statement, or conceals himself or
herself so that process cannot be personally served, and that affiant believes that
there is no person in the state upon whom service of process would bind said
absent or concealed defendant.
If the constructive service is disputed, then the trial court has the duty of
determining: (1) if the affidavit of diligent search is legally sufficient; and (2)
whether the plaintiff conducted an adequate search to locate the defendants. The
affidavit need only allege that a diligent search and inquiry was made, and need
not include specific supporting facts. Furthermore, the test is not whether it was in
fact possible to effect personal service, but whether the evidence shows that the
plaintiff “reasonably employed knowledge at his command, made diligent
inquiry, and exerted an honest and conscientious effort appropriate to the
circumstances, to acquire the information necessary to enable him to effect
personal service on the defendant. See Martins v. Oaks Master Prop. Owners
Ass'n, Inc., 159 So. 3d 142, 146 (Fla. 5th DCA 2014).

Under Fla. Stat. §49.041, the diligent search affidavit is insufficient because, if it exists, it

was never filed with the Court. Therefore, this Court must the quash service of process via

publication on Defendant, and the Clerk’s Default, Certificate of Sale, and Final Judgment are

each either void or voidable. See Martins v. Oaks Master Prop. Owners Ass'n, Inc., 159 So. 3d

142, 145–46 (Fla. 5th DCA 2014). Because this motion is filed within a year from the entry of the

final judgment, the distinction between whether each are void or voidable is irrelevant. See

Decker v. Kaplus, 763 So.2d 1229, 1230 (Fla. 5th DCA 2000).

5
THE JUDGMENT, DEFAULT, AND CERTIFICATE OF SALE MUST BE VACATED
BECAUSE THE CLERK’S DEFAULT IS VOID

Under Rule 1.500, Fla. R. Civ. P.,

(a) “By the Clerk. When a party against whom affirmative relief is sought has
failed to file or serve any document in the action, the party seeking relief may
have the clerk enter a default against the party failing to serve or file such
document.
(b) By the Court. When a party against whom affirmative relief is sought has
failed to plead or otherwise defend as provided by these rules or any
applicable statute or any order of court, the court may enter a default against
such party; provided that if such party has filed or served any document
in the action, that party must be served with notice of the application for
default.”

Under Rule 1.080(a), Fla. R. Civ. P., Service And Filing Of Pleadings, Orders, And Documents:

“Every pleading subsequent to the initial pleading, all orders, and every other
document filed or required by statute or rule to be served in the action must be
served in conformity with the requirements of Florida Rule of General Practice
and Judicial Administration 2.516.”

Rule 2.516(b), Fla. R. Jud. Admin., requires service of all documents on attorneys when

the party is represented by counsel, and requires service on attorneys via their designated email.

Rules of statutory construction avoid superfluity and meaningless words, and the plain language

meaning of the phrase “filed or served” must be construed as meaning that filing and serving are

two distinct actions. Rule 1.500 must be construed such that any document emailed by a litigant

to an attorney’s designated email address is the service of document when that email concerns

the subject matter of a pleading directed at that litigant. Jonathan Meisels, Esq., designated

himself the Plaintiff’s Counsel in the Civil Cover Sheet, but Melissa Konick, Esq., signed

Plaintiff’s Complaint. Jonathan Meisels directed Defendant to discuss Defendant’s concerns with

Hillary Mullin, Esq., who afterwards filed various documents in this action. When Defendant

sent Jonathan Meisels, Esq. and Hillary Mullin, Esq. the emails attached to this motion as

Exhibits A through D, Defendant served documents in this action, requiring Plaintiff to seek a

6
judicial default and not a clerk’s default. That alone renders the Clerk’s Default void because the

Clerk had no authorization to enter the default once Defendant served a document. Furthermore,

the Clerk’s Default in this matter, and the subsequent judgment and certificate of sale entered are

each void because Defendant was served via mail with the Motion for Default, and because the

Clerk entered the Default less than two days after Plaintiff applied for the default. See Cohen v

Barnet Bank of South Florida, N.A, 433 So.2d 1354, 1355 (Fla. 3rd DCA 1983) (holding that a

default requiring notice and any subsequent judgment are each void when the default is entered

two days after the application for the default if the notice is mailed).

THE JUDGMENT, DEFAULT, AND CERTIFICATE OF SALE MUST BE VACATED
BECAUSE THE NOTICE OF HEARING IS DEFECTIVE

“The notice required for any proceeding which may produce a final result is notice

reasonably calculated, under all the circumstances, to apprise interested parties of the pendency

of the action and afford them an opportunity to present their objections.” See generally, Butts v.

Hegmann, 705 So. 2d 1007, 1008 (Fla. 4th DCA 1998). If the non-jury trial was in fact a virtual

hearing, the failure of the notice of trial to designate this renders the notice defective, and the

subsequent judgment void or voidable due to being entered without due process. See Sterling

Factors, Corp., v. U.S. Bank Nat. Ass’n, 968 So.2d 658, 667 (Fla. 2nd DCA 2007) (holding that a

summary judgment entered after a defective notice of hearing was voidable, but not void, due to

notice of the judgment within time to rectify the error).

WHEREFORE, Defendant respectfully requests that this Court enter an order Quashing

Service on Defendant, Vacating the Final Judgment, Clerk’s Default, and Certificate of Sale, and

any other and further relief that may be awarded at law or in equity.

7
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on April 29, 2022, the foregoing was submitted for filing to

the Clerk of the Courts by using the State of Florida E-Filing Portal, which will send a Notice of

Electronic Filing to the following parties who have not currently been defaulted:

Nicole Ramjattan, Esq., FBN 89204
Robertson, Anschutz, Scheid, Crane,
& Partners, PLLC,
6409 Congress Ave., Suite 100
Boca Raton, FL 33487
Tel.: (561) 241-6901
Fax: (561) 997-6909
Email: flmail@rslg.com
Attorney for Plaintiff

Evan B. Klinek, Esq., FBN 134820
Greenspoon Marder, P.A.,
200 Easte Broward Boulevard
Suite 1800
Fort Lauderdale, Florida 33301
Tel.: (954) 343-6965
Fax.: (954) 343-6966
Email: evan.klinek@gmlaw.com
Rene.vazquez@gmlaw.com
Attorney for Defendant,
Greenspoon Marder, P.A.,

/s/ Benjamin Weissman
David M. Chico, Esq. – FBN: 010318
Benjamin Weissman, Esq. – FBN: 120770
DAVID CHICO LAW GROUP
607 Celebration Avenue
Celebration, Florida 34747
(407) 933-7703 (tel.)
(407) 933-7713 (fax)
serve@davidchicolaw.com (service email)
All other inquiries: tanya@davidchicolaw.com
Attorneys for Defendant, Yvette B. Allen

8
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Exhibit A !"#$"##%&'#(#)&*+

Re: Case no#: 2020 CA - 001981 - MF / Yvette Allen 106 Acadia ter. cel ﬂ 34747

From: Yvette Blair (kidsyette@yahoo.com)
To: j.meisels@rasﬂaw.com

Date: Monday, September 21, 2020, 3:38 PM EDT

Mr. Meisels,

I am contacting you in reference to the case above. I was never served any type of
paperwork on this notice/claim. I recently received numerous attorney's advising me they can
rectify this situation, what situation?

After viewing the clerk of court's website, I found this claim. I have a few issues regarding
it and would like to schedule a phone conference as soon as possible. My number is:

At issue is my concern that I was never notiﬁed or served a summons regarding this
situation. If you review your lawsuit it's evident, every defendant was served but me and the
law ﬁrm which has represented me in matters concerning my home were also never notiﬁed,
again evident in your lawsuit.

In addition, I was awarded mortgage relief through the covid 19 Cares Act and also notiﬁed
the mortgage company of my hardships regarding Covid 19.

I have contacted your o!ce numerous times today and have left messages with your
paralegal Ms. Diane.

Please contact me as soon as possible,

Yvette Allen

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+,-..&*,/0&1&234&5,67&8.94&#:#:&5;&1&::'<='&1&*>&"&+?7@@7&;0078&':A&;B,C/,&@7DE&B70&F0&G!$!$ !"#$"##%&'#(#$&)*

RE: Case no#: 2020 CA - 001981 - MF / Yvette Allen 106 Acadia ter. cel ﬂ 34747

From: Jonathan Meisels (j.meisels@rasﬂaw.com)
To: amalley@rasﬂaw.com

Cc: kidsyette@yahoo.com
Date: Monday, September 21, 2020, 3:46 PM EDT

Adam, can you please assist?

From: Yvette Blair
Sent: Monday, September 21, 2020 3:38 PM
To: Jonathan Meisels
Subject: Re: Case no#: 2020 CA - 001981 - MF / Yvette Allen 106 Acadia ter. cel ﬂ 34747

This message originated outside of the organization. Use caution when opening attachments, clicking links or
responding to requests for information.

Mr. Meisels,

I am contacting you in reference to the case above. I was never served any type of paperwork on this
notice/claim. I recently received numerous attorney's advising me they can rectify this situation, what situation?

After viewing the clerk of court's website, I found this claim. I have a few issues regarding it and would like to
schedule a phone conference as soon as possible. My number is:

At issue is my concern that I was never notiﬁed or served a summons regarding this situation. If you review
your lawsuit it's evident, every defendant was served but me and the law ﬁrm which has represented me in
matters concerning my home were also never notiﬁed, again evident in your lawsuit.

In addition, I was awarded mortgage relief through the covid 19 Cares Act and also notiﬁed the mortgage
company of my hardships regarding Covid 19.

,I.J@4I0,8K ),H7&'&.F&#
+,-..&*,/0&1&234&5,67&8.94&#:#:&5;&1&::'<='&1&*>&"&+?7@@7&;0078&':A&;B,C/,&@7DE&B70&F0&G!$!$ !"#$"##%&'#(#$&)*

I have contacted your ofﬁce numerous times today and have left messages with your paralegal Ms. Diane.

Please contact me as soon as possible,

Yvette Allen

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,-.//&+-01&2&345&6-78&9/:5&#;#;&6<&2&;;'=)'&2&+>&"&,?8@@8&<1189&';A&
Sent: Monday, September 21, 2020 3:38 PM
To: Jonathan Meisels
Subject: Re: Case no#: 2020 CA - 001981 - MF / Yvette Allen 106 Acadia ter. cel ﬂ 34747

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Exhibit B !"#$"##%&'#()*&+,

Re: Case no#: 2020 CA - 001981 - MF / Yvette Allen 106 Acadia ter. cel ﬂ 34747/20-
030251

From: Yvette Blair (kidsyette@yahoo.com)
To: hmullin@rasﬂaw.com

Date: Monday, September 21, 2020, 5:42 PM EDT

Ms. Hillary,

My concern is this: you ﬁled a foreclosure auction for the 29th of this month and still have
not notiﬁed the homeowner. I need you to cancel the auction before serving any notice to the
homeowner: Yvette Allen.
Not only has the homeowner not been informed, neither have her attorneys.
I need the auction of the home cancelled immediately.
I am reporting your ﬁrm's practices with the bar, along with all attorney's listed on the case.

Thank you.

On Monday, September 21, 2020, 05:28:55 PM EDT, Hillary Mullin wrote:

Good afternoon,

The below was sent to my attention. Upon review, service has not been completed on this matter
yet. As the matter was just ﬁled with the Courts at the end of August, service has not been
completed. Per my review, we will be attempting to serve you at address 106 Acadia Terrace,
Celebration, FL 34747.

Thank you,

Hillary R. Mullin, Esq.

Robertson, Anschutz & Schneid, P.L.

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To: j.meisels@rasﬂaw.com
Sent: Monday, September 21, 2020, 05:51:26 PM EDT
Subject: Fw: Case no#: 2020 CA - 001981 - MF / Yvette Allen 106 Acadia ter. cel ﬂ 34747/20-030251

Mr. Meisels,

Below is conﬁrmation from your law ﬁrm reviewing the case and agreeing Ms. Allen has
not been served. You have an auction scheduled for Ms. Allen's home on Sept. 29th (8
days from now).
Please ﬁle a motion for this auction action to be cancelled.

Thank you,

Yvette Allen

----- Forwarded Message -----
From: Hillary Mullin
To: kidsyette@yahoo.com
Sent: Monday, September 21, 2020, 05:28:55 PM EDT
Subject: RE: Case no#: 2020 CA - 001981 - MF / Yvette Allen 106 Acadia ter. cel ﬂ 34747/20-030251

Good afternoon,

-I/J?5I1-9K *-H8&'&/E&F
-./00&,.12&3&456&7.89&:0;6&#*#*&7<&3&**'=>'&3&,?&"&-@9AA9&<229:&'*B&
Sent: Monday, September 21, 2020 5:51 PM
To: Jonathan Meisels
Subject: Fw: Case no#: 2020 CA - 001981 - MF / Yvette Allen 106 Acadia ter. cel ﬂ 34747/20-
030251

This message originated outside of the organization. Use caution when opening attachments, clicking links or
responding to requests for information.

Mr. Meisels,

Below is conﬁrmation from your law ﬁrm reviewing the case and agreeing Ms. Allen has not been served. You
have an auction scheduled for Ms. Allen's home on Sept. 29th (8 days from now).

Please ﬁle a motion for this auction action to be cancelled.

Thank you,

Yvette Allen

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Subject: Re: Case no#: 2020 CA - 001981 - MF / Yvette Allen 106 Acadia ter. cel ﬂ 34747/20-
030251

This message originated outside of the organization. Use caution when opening attachments, clicking links or
responding to requests for information.

-J/KA5J1-9L *-I8&'&/G&=
,-.//&+-01&2&345&6-78&9/:5&#;#;&6<&2&;;'=>'&2&+?&"&,@8AA8&<1189&';B& wrote:

Hello,

I understand. How were you looking to rectify the mortgage? I can speak to you on behalf of the
lender and most of the time our ofﬁce will be able to help facilitate communication easier than
communicating directly with the lender.

As of now, the options would be payoff, reinstatement, loan modiﬁcation to retain the property.

Thank you,

Hillary R. Mullin, Esq.

Robertson, Anschutz & Schneid, P.L.

6409 Congress Avenue, Suite 100

-J/KA5J1-9L *-I8&#&/G&=
,-.//&+-01&2&345&6-78&9/:5&#;#;&6<&2&;;'=>'&2&+?&"&,@8AA8&<1189&';B&
Subject: Re: Case no#: 2020 CA - 001981 - MF / Yvette Allen 106 Acadia ter. cel ﬂ 34747/20-
030251

This message originated outside of the organization. Use caution when opening attachments, clicking links or
responding to requests for information.

Ms. Hillary,

I completely understand on the HOA issue. I'm addressing that "situation" (I hate my life) right now. So, thank
you.

In regards to rectifying my mortgage. I am still hopeful you will facilitate a conference with the mortgage
company so I may address that "situation" (payments).

My hope is to catch up on the payments and not move forward with the legal action, as I am ready to rectify it.
I am actually hoping to avoid any other expenses. I would really rather not have to pay an attorney and spend
the money on the mortgage. I have had a rough year and would like to move forward.

Please let me know,

Yvette Allen

-J/KA5J1-9L *-I8&)&/G&=
,-.//&+-01&2&345&6-78&9/:5&#;#;&6<&2&;;'=>'&2&+?&"&,@8AA8&<1189&';B& wrote:

Good afternoon,

I am glad we could clear up the issues. I spoke to our service team and they anticipate you being
served with our action shortly.

That said, I see you have included me on emails to the HOA attorney. Please do note, neither
myself nor Mr. Meisels are able to speak to that matter and are not representing any party to that
case.

Our action is based on a default in payment of the mortgage. I can provide you reinstatement
numbers to show how much is needed to make the loan current. We can also send you a loss
mitigation package if you are interested in a loan modiﬁcation. Please let me know and we will
provide all the necessary information for you to review.

Thank you,

Hillary R. Mullin, Esq.
Robertson, Anschutz & Schneid, P.L.

6409 Congress Avenue, Suite 100

Boca Raton, FL 33487

E-mail: hmullin@rasﬂaw.com

From: Yvette Blair [mailto:kidsyette@yahoo.com]
Sent: Tuesday, September 22, 2020 10:02 AM
To: Hillary Mullin
Subject: Re: Case no#: 2020 CA - 001981 - MF / Yvette Allen 106 Acadia ter. cel ﬂ 34747/20-
030251
-J/KA5J1-9L *-I8&!&/G&=
,-.//&+-01&2&345&6-74&8/95&#:#:&6;&2&::'<='&2&+>&"&,?4@@4&;1148&':A&;B-C0-&@4DE&B41&F1&)!$!$"#:2:):#G' !"#$"##%&'#()#&*+

Re: Case no#: 2020 CA - 001981 - MF / Yvette Allen 106 Acadia ter. cel ﬂ 34747/20-
030251

From: Yvette Blair (kidsyette@yahoo.com)
To: hmullin@rasﬂaw.com

Date: Tuesday, September 22, 2020, 10:02 AM EDT

Thank you!!!
I appreciate all your help. I really do appreciate it. Thank you for the research you've done.
And now another favor, I still need to pay my mortgage. Mr. Meisels advised you may be able
to put me in contact with the mortgage servicer. It's impossible to get a hold of them to make
these arrangements.
I know I keep saying thank you, BUT THANK YOU!!!

yvette allen

On Monday, September 21, 2020, 07:58:03 PM EDT, Hillary Mullin wrote:

Ms. Allen/ Blair,

I have reviewed the ﬁle in further depth. There is a Homeowners Association foreclosure action
that was initiated by a different ofﬁce regarding your property. That action is scheduled for sale on
September 29, 2020. Neither myself nor my ofﬁce had any part in that action, nor was my client
named a party to that action.

As a result, we are unable to move the Court to cancel a sale in that matter.

The attorney and ofﬁce handling that matter are Laura M. Cooper with Arias Bosinger. Phone
number email lbllard@ablawﬂ.com.

Thank you,

Hillary R. Mullin, Esq.

Robertson, Anschutz & Schneid, P.L.

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Filing # 111437364 E-Filed 08/07/2020 10:07:28 AM

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL
CIRCUIT, IN AND FOR OSCEOLA COUNTY,
PLORIDA

GENERAL JURISDICTION DIVISION oo
DEUTSCHEBANKNATIONALTRUST
COMPANY, AS TRUSTER POR AMERICAN
CASENO: CL(a ase Cf (V9 Lff
-— f
HOME MORTGAGE ASSETS THRUST 2006-2,
MORTGAGL-HACKED PASS-THROUGH
CERTIFICATES SERIES 2006-2,
Plaed,

YVETTE B. ALLEN ANA YVETTE ALLEN,
oa.
Defewent(s).
ceteris tetiertittiict
SUMMONS
‘To all ond singular the Sion lis af the atwte:
YOU ARE COMMANDED t serve dib summon sed 2 copy of the complaint in this action on defendans{s):
ROGER ©, BLAIR
2126 MATTHEW AVENUE
ALBUQUERQUE, NM Eyl
a4
IMPORTANT
A favesnit hos bees Died againat you. You lve 20 calendar days afler this sonwnors is served on you i fie evils
sesgonee fo Te attached complaint wali the clerk of this court A shone call will not protect you. Your writer
rosonees, Inchiding the case murnber given sbove and ibe names of the parties, mest be filed ifyou want dhe cowt fo
bear your side ofthe case. [you da act file your response on lime, vow mary lose the cose, and your wages, money,
and property muy thereafier be ken without fliether warcuig from the cour. There are ther legal requirement.
You may won fo call on attorney neht ewoy. oye de sot kmow on atiormecy, you muy call gn atiotecy referral
sereice ofa legal aid office (isted in fhe phone book), [you cheogs in fle a written remense yoursell, at fe same
uree you Tle your written reepomae to the court you must also mail or take « copy ofyour written sespones io the
“Fisintly Flointil?s Atiomey" camed below,
Robertson, Anscha & Selneid, PLL.
Meliss Konick, Esquire
Service Emil malig@rasflaw.con
Aforacy tar Pinot?
6459 Congres Avenue, Suite 100
Bocu Baton Pleiie id
6?

Dated:f-f~ 202ws ey Lad.2
ee |
PAGE 4
eeS0251
Usted ba aide demandado jegalmente. Tiere 20 dias cowtados « partir del recibe de ests nctificecion para contestar la
demands adiuat, par cerita, 7 presentaria ante este iriboral, Une Hamada inlefonice ne ls erotegers. $1 usted desea
que.cl tibuns! considere su defensa, debe prescntar ew respucata por cacrite, incluyende c.4.
@ £ i rad
30 { fa
ye Fbe
HOME MORTOAG) ASSETS TICIST TE-2, og
MOMTUACE HACK PASS.
CESTINICATUSSERIES 2006-2,THRODIO |an \ ey]aer sgh
A ere: yhe(éa otyf | gaA if V)
Panel, es i — 4
.
YVETTE 3. ALLEN ASIA YVETTE ALLEN,
etal
(NEWME
\ 4 ae , = eel
“ -
Defemlentis)
‘atalinoensues it mn eat arenasnsoninssisnycxnenonson mma inet
SUMMONS
Tool ad caile te Sent ofthe aate:
YOU ARE COMMANDED te serve thin summons and a copy of (he complaiat thu setien oe defeedant(s:
COLEBRATION RESIDERTLAL OWNERS
ASSOCIATION, INC,
CO LAUSEN & ASSOCIATES INC
300 SOUTH ORANGE AVE. STR 1200
ORLANDO, FLIVE
IMPORTANT
A howssil bas been died apainst you Vou have 20 eclendar days after this siemens {9 served on you wm Ae a written
respons lo the @tuchet conpleiot with the clerk of thle court A phoes call will pot geotect woo Your writes
mspouse, incleding toe case number given above and the osmes of the pertice, mest bo Med if you went Gee court in
hoor your skle afthe cass. Ifyou do act Mle your response on tree, you may lose the case, ond your ‘wgeE, mete,
and property may thereafier bo taken without farther warring from the court, There are other Hegel reducers.
You muy want © cal an attorney right eway, If you de uxt knew an atlomey, you wey call on ahgcuty selerret
sorvice or a legel aid office (Usted i the phowe bak). {f you chee to Mle « written responce yiaeelf a the sore
tome you Ole your writen response to the court vec teat else mall ar the a copy af ener welled seqpaeme ter ibe
“Plamlilly Paws: Asarsey” wmed below.
aoverten, Aneleds & Sched, 2.
Meco Kewick, Fequire
Service Freaih mall@resfew com
Alerney lor Fate?
e059 Congress Avenue, Sule 100

wy CLEAR BE ruheiad ir doupt!
Oeted — [2020 . By: VAS a pal Ae seinen
WT
tds frre aga
ee iT A
CG DO Pui ipceneinirag “Wes fet ag ei gee

PAGE
eo S026"

=r ot
og *44 hake

ige 07 Ve ea
IMPORTANTE
Usted ha ido demandado Ingalmente. Tiene 20 diay contudes a partir del recibo de este getificacion para coufesiar Ls
demands adjunta, par escrite, y preventarla ante este tribunel, Una Hamada telofoaics no bs prdiegers. S/ usted desee
que cl tribuns! considers au deforsa, debe presenter su respussta por cserite, incleyendo ol wemero de case ¥ ie
aontores de las partes intereasdas. $j usted ao contesta Ia decmnds a tempo, pudiese pride: o| case y poles ser
deapojade de wus ingresos y propiedades a orivude dy sos derechos, sin grevio avue del nbonel Prien ciros
fequistios legaies, Si lo desea puede weed consultar 4 un whogade immediatemente. §! ne cococe a us songula, puede
Uaranta une de les oficiags de asistencia legal que apareanen eo Ja gula telefonice,
Si desea meqponder a la demanda por 2 cuenta, al mismo tempo en que greeets 45 roseaa antec) iba deters
usted caviar pir cores o entreger vax copia dle sw nespursta a [a persona demonineds abajo como *Pluintitf/Paatiff
Abtorney" (Denmane o Abogade del Demandaate),

Jes poursuites judiciares oat ete cnreprises coatre yous. Vows aver 20 jours consecutify a partir de te date de
Fassigration de cette cation pour deposer une reapouse cerite a la plalate ci-jointe supees de cx tribune]. Uosimple
coup de tlephooe ext insuflleagt pour vous profeger. Vous eter obliges de depeter votre ip bok, avec
mention da cumero de dossier ci-dewus et du nom deg parties nommmees ici, vi youse souhaiter que le eibunal
ettende votre cause. Si vows ne deposer pas votre reponse eerite dane fe delal requis, vous taquer de nentre la come
sins que votre salaire, voue argent. et vos biens peuvent ove selais par ly multe, sacs eucun preavis ultericur dy
tsilema!. ll y @ d'autres obligations juridugues et vous pouver requeris les services immediates d'un avoeat, 3) vous
oo conmmmeer pas d'evocete. yous pourfiee wlephoner a un servire de reference Cavecets oe = do bores
‘assistance juridique (ligurant » l'eanunise de telephones).
AMERICANS WITH DISABILITIES ACT. If you are a person with «
disability who needs any accommodation {n order to participate in a court
proceeding or event, you are entitled, at no cost to you, to the provision of
certain assistance. Please contact Orange County, ADA Coordinator, Human
Resources, Orange County Courthouse, 425 N. Orange Avenue, Suite 510,
Orlando, Florida, (407) 836-2303, fax: 407-836-2204: and In Osceola County;:
ADA Coordinator, Court Administration, Osceola County Courthouse, 2
Courthouse Square, Suite 6300, Kissimmee, FL. 34741, (407) 742-2417, fax
407-835-5079, at least 7 days before your scheduled court appearance, or
immediately upon receiving notification if the time before the scheduled court
appearance is less than 7 days. If you are hearing or voice impaired, call 711
to reach the Telecormmanications Relay Service.

De acvorde cea el Acta de los Amercaros con lepedimentos, aguellas personas que setadien de algun wrvicie
especial pare pirtcicer en evle proceso 8 tener acceso 2 servicing, propmemes 0 ectivaiades de Le Corte deberse,
dengra de on periods mtonable aytes de cualguler procewo o de tener necesidad de aconse a cerviciog, peoerenes o
actrridades, ponerst en cootecto com La Officine Adwciniawativs de Le Corte, que ci aiiueds en el OSCEOLA, oa
los telefonos 407-836-2303 0 1-800-095-8771 (1DD) y Si uss cl servicio Florida Relay Service al 1-200.955-8770
wv).
CREOLE
Drapre’ ake ki te fet aver Alt Pou Amerikin ki Jafie, tout moun Ki genyes yon beswes eupeeysl poe ekomedmyen
pou yo patsipe nun pwoee obyea pou gin aks. Sevis, pwogram ak altivite dhinalla, dwe nan you ten regacel aeeen
okig. pwose oubyen berwen akse sevis, pwogam oubyen aktieite ret, ye dwe koola Ofs Trbingila Ki nse
OSCEOLA, timer tlelons-nunse 407-836-2301, o byen 1-800-943-8771 60D) ou Oyen 1-40 S5S-2770 (V9 as
pater po Tlorula Relay Service.

PAGE 4

Pie,,AOr
oat J a ie RRR E RSYe
ERENCE
En gocomdance avec fActe Pour ies Amerieging lecapaciies', lev personnes en Besoin fuse acoocuecdetion apes!
polr patteiper a ces procedures, on bien pour avoir ates au service, progermne, cu asclivite de ly ews doivent,
Jans tm temps retonsble, avant wuouse procedures ou beagin d'acces de service, programme ou activites, comecter
‘Oflce Administrative de La Court, stue an womem OSCEOLA, le manes de telephone 407-S36-2003, oo
1WOO-9S0-8771 (TOO), ou |-800-955-8770 (Voom par Florida Relay Service.

PAGE 4

tae

yee eo LARSEN
Filing # 131774758 E-Filed 07/30/2021 04:22:28 PM
IN THE CIRCUIT COURT OF THE NINTH
JUDICIAL CIRCUIT IN AND FOR OSCEOLA

COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. 49 2020 CA 001981 MF
DEUTSCHE BANK NATIONAL TRUST

COMPANY, AS TRUSTEE FOR
AMERICAN HOME MORTGAGE

ASSETS TRUST 2006-2,
MORTGAGE-BACKED PASS-THROUGH

CERTIFICATES SERIES 2006-2,
Plaintiff,
Vs.

YVETTE B. ALLEN A/K/A YVETTE
ALLEN, et al.,
Defendant(s).
/

CERTIFICATE OF SERVICE OF AMENDED ORDER SETTING NON-JURY
FORECLOSURE TRIAL

Plaintiff, by and through its undersigned counsel, hereby gives notice of serving the
attached copy of Amended Order Setting Non-Jury Foreclosure Trial upon the parties listed
on the attached service list.

ROBERTSON, ANSCHUTZ, SCHNEID, CRANE
& PARTNERS, PLLC
ATTORNEY FOR PLAINTIFF

6409 CONGRESS AVE., SUITE 100
BOCA RATON, FL 33487
TELEPHONE: 561-241-6901
FACSIMILE: 561-997-6909

SERVICE EMAIL: FLMAIL@RASLG.COM

By: _\S\Corey Lewis_
Corey Lewis, Esquire
Florida Bar No. 72580
Communication Email: clewis@raslg.com

EYIU MAINA AURIAT ARTUR
20-030251
CERTIFICATE OF SERVICE

I hereby certify that a copy of the Amended Order Setting Non-Jury Foreclosure
Trial has been furnished to the parties listed on the attached service list via Mail and/or E-mail in
accordance with the corresponding addresses listed therein on this 30 day ofJuly, 2021.

ROBERTSON, ANSCHUTZ, SCHNEID, CRANE
& PARTNERS, PLLC
Attorney for Plaintiff
6409 Congress Ave., Suite 100
Boca Raton, FL 33487
Telephone: 561-241-6901
Facsimile: 561-997-6909

Service Email: flmail@raslg.com

By: _\S\Corey Lewis_
Corey Lewis, Esquire
Florida Bar No. 72580

Communication Email: clewis@raslg.com

SERVICE LIST

YVETTE B. ALLEN A/K/A YVETTE ALLEN
106 ACADIA TER

CELEBRATION, FL 34747
PRIMARY EMAIL: KIDSYETTE@WYAHOO.COM

GARY S. ALLEN A/K/A GARY ALLEN
11508 VINCI DR 11

WINDERMERE, FL 34786

UNKNOWN SPOUSE OF YVETTE B. ALLEN A/K/A YVETTE ALLEN
106 ACADIA TER

CELEBRATION, FL 34747

CELEBRATION RESIDENTIAL OWNERS ASSOCIATION, INC.
C/O LARSEN & ASSOCIATES, INC
300 SOUTH ORANGE AVE. STE 1200

ORLANDO, FL 32801

GREENSPOON MARDER, P.A.
EVAN B. KLINEK

ATTORNEY FOR GREENSPOON MARDER, P.A.
C/O GREENSPOON MARDER, P.A.
200 E.BROWARD BLVD SUITE 1800

FORT LAUDERDALE, FL 33301

20-030251
PRIMARY EMAIL: EAVN.KLINEK@GMLAW.COM
SECONDARY EMAIL: RACHEL.EDELSBURG@GMLAW.COM

THERESA L. BLAIR
2126 MATTHEW AVENUE

ALBUQUERQUE, NM 87104

ROGER C. BL

Case Info

Judge

YOUNG, TOM Track Judge’s New Case

Case No.

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Document Filed Date

March 12, 2065

Case Filing Date

May 31, 121

County

Parties

ALLEN, GARY S Defendant
ALLEN, YVETTE B Defendant
BLAIR, ROGER C Defendant
BLAIR, THERESA L Defendant
CELEBRATION RESIDENTIAL OWNERS ASSOCIATION INC Defendant
DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE Plaintiff
GREENSPOON MARDER PA Defendant
TOSCANO, ANTONIA Defendant
TOSCANO, THOMAS Defendant
UNKNOWN SPOUSE OF YVETTE B ALLEN Defendant
Caleb Hoesing Attorneys for Plaintiffs
David Chico Attorneys for Plaintiffs
Ivy Taub Attorneys for Plaintiffs
David Schneid Attorney
James Robertson Attorney
John Conner Attorney
Bryant Dunivan Attorney
Amanda Murphy Attorneys for Plaintiffs
Benjamin Weissman Attorneys for Defendants
Laurence Barsky Attorneys for Plaintiffs
Hillary Mullin Attorneys for Plaintiffs
Jonathan Meisels Attorney
Nicole Ramjattan Attorneys for Plaintiffs
Evan Klinek
Corey Lewis Attorneys for Plaintiffs
Melissa Konick Attorneys for Plaintiffs
Kelvin Soto Attorney
David Pedersen Attorney
Nathan Schwartz Attorney
Ashley Bruneus Attorneys for Plaintiffs
William Matthews Attorneys for Plaintiffs
James Hutton Attorneys for Plaintiffs
Roger Blinn Attorney
Claudia Stewart Attorney
Adam Malley Attorney

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No Value: DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE vs. ALLEN, YVETTE B

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