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Filing # 193988302 E-Filed 03/14/2024 08:35:25 AM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
WILMINGTON SAVINGS FUND SOCIETY,
FSR, AS TRUSTEE OF QUERCUS
MORTGAGE INVESTMENT TRUST,
Plaintiff,
vs.
CASE NO.: 2023-CA-003113
JOSE ORTIZ; et al.,
Defendants.
JOINT MOTION TO VACATE ORDER ENTERED BY MISTAKE
COMES NOW, the Parties, Plaintiff, WILMINGTON SAVINGS FUND SOCIETY, FSB,
AS TRUSTEE OF QUERCUS MORTGAGE INVESTMENT TRUST, and Defendants, JOSE
ORTIZ and BERNICE SANTIAGO, by and through their respective undersigned counsel,
pursuant to Rule 1.540, Fla. R. Civ. P., who respectfully move this Honorable Court to Vacate the
Agreed Order, entered by mistake, on March 11, 2024, (“Order”), a copy of which is attached
hereto as Exhibit A, and as grounds therefore, states as follows:
1 Final Judgment of residential Mortgage Foreclosure was entered on October 5,
2023.
2 Sale was set on February 1, 2024, but was cancelled due to loss mitigation efforts.
3 Set for hearing on March 28, 2024, is Defendants’ Motion for Second Conciliation
Conference (“Motion”).
4 Plaintiff objects to the Order, opposes the Motion, and will file a response to the
Motion.
5 On March 8, 2024, Defense counsel, submitted an email communication
(“Message”) to the Court’s judicial assistant (“JA”) via address 220sceola@ninthcircuit.org. The
email attached a proposed Agreed Order and the Message erroneously stated that the order was
agreed and that Plaintiffs counsel had no objection to the form and content. A copy of Defendants
email message to the JA, including Defendants’ Motion, is attached hereto as Exhibit B.
6 The Court entered the Order based upon this mistake and inadvertence. A copy of
the Order to be vacated is attached hereto as Exhibit A.
7. Defense counsel knew of Plaintiffs objection to Defendants’ Motion and the
proposed order but inadvertently sent the above Message to the Court by mistake and has
graciously acknowledged the error with a follow up email to the JA explaining the mistake
(“Email”). A copy of Defendants’ corrective Email to the Court is attached hereto as Exhibit C.
8 Accordingly, the Parties jointly move to vacate the Order entered by mistake.
9 Florida Rule of Civil Procedure 1.540(b)(1) provides that a court may relieve a
party from an order entered “for the following reasons: (1) mistake, inadvertence, surprise, or
excusable neglect...”
10. It is well established that “Rule 1.540(b) is a rule providing for equitable relief
which should be liberally construed.” Florida Aviation Acad. v. Charter Air Cir., 449 So, 2d 350,
353 (Fla. 1* DCA 1984). Thus, the trial court “has broad judicial discretion in ruling on a motion
to vacate under Rule 1.540(b).” Rosso v. Golden Surf Towers Condo. Ass’n., 711 So. 2d 1298,
1300 (Fla. 4" DCA 1998).
ll. As set forth berein by the Parties, the entry of the Agreed Order was based upon
the mistake or excusable neglect of Defense counsel in submitting a proposed order he knew was
opposed but inadvertently representing it as agreed. Courts are inclined to find excusable neglect
when the error occurs due to a breakdown in the mechanical or operational practice of the
attorney’s staff or equipment. Carter v. Lake County, 840 So. 2d 1153 (Fla. 5" DCA 2003).
12, Thus, the Court’s execution of the Order was a mistake and provides good cause
for the Court to vacate the Order. Additionally, the Court has not yet held the hearing scheduled
on March 28, 2024 to decide this matter so entry of the Order was by mistake.
13. Florida law is well settled that actions should proceed on their merits. Melody
Tours Ine. v. Granville Market Letter, Inc.m, 413 So. 2d 450 (Fla. 5" DCA 1982).
14, This motion is made in good faith and not for purposes of delay.
15. The Parties will not be prejudiced by the Court granting their Motion to Vacate the
Order entered by mistake. However, the Parties will suffer prejudice and greater delay if the
erroneous Order is not vacated.
WHEREFORE, the Parties, respectfully request that this Court enter and Order vacating
the March 11, 2024 Order, and for such other and further relief deemed just and proper.
/s/ Benjamin Haynes
BENJAMIN C. HAYNES, ESQ.
Florida Bar No.: 91139
Counsel for Defendants
WK
ko ——?
NICOLE R. RAMIREZ, ESQ.
Florida Bar No.: 108006
Counsel for Plaintiff
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served via Florida
Courts E-Filing Portal, Electronic Mail and/or U.S. Mail to: Benjamin C. Haynes, Esq at
ben@hayneslegalgroup.com; Carlos Arias, Esq. at carias@ablawfl.com and tbarr@ablawfl.com;
John FE Rudy, Wl, Esq. at USAFLM State.Foreclosures@usdoj.gov and
Damion.stokley@usda.gov; Unknown Tenant #1 nka Natividad Vargas, 3107 Harris Park Way,
Kissimmee, FL 34758; and U
Kissimmee, FL 34758, this |" iN own Tenant #2 nka Fremiot Santiago, 3107 Harris Park Way,
lay of March 2024.
kta
NICOLE R. RAMIREZ, ESQ.
Board Certified Appellate Practice
Florida Bar No.: 108006
Email: nramirez@storeylawgroup.com
STOREY LAW GROUP, P.A.
221 NE Ivanhoe Blvd, Suite 300
Orlando, FL 32804
Telephone: 407-488-1225
Facsimile: 407-488-1177
Secondary Email: sbaker@storeylawgroup.com
Attorneys for Plaintiff
Filing # 193701568 E-Filed 03/11/2024 09:45:19 AM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
WILIMINGTON SAVINGS FUND SOCIETY,
FSB, AS TRUSTEE OF QUERCUS MORTGAGE
INVESTMENT TRUST,
Plaintiff,
VS. CASE NO.: 2023-CA-003113-MF
JOSE ORTIZ; BERNICE SANTIAGO; ET AL.,
Defendants.
/
AGREED ORDER ON DEFENDANTS’ MOTION FOR
CONCILIATION CONFERENCE
This cause having come before the Court on Defendants’, JOSE ORTIZ and BERNICE
SANTIAGO, Second Motion for Conciliation Conference, filed February 27, 2024, and the Court
having been fully advised in the premises and that the parties have an agreement, it is hereby:
ORDERED AND ADJUDGED that:
1 The Defendant’s Motion for Conciliation Conference is GRANTED.
2. A conciliation conference shall occur no more than thirty (30) days from the date of
this order.
3. Parties in attendance shall have full authority to settle this matter.
DONE AND ORDERED in Chambers, at Osceola County, this day of
, 2024.
“asfe ‘seu 12024YOUNG,
094457THOIAKS
0804SW
Circuit Judge
Copies served via the Florida Courts E-Filing Portal.
Nicole Ramirez
a
From: Giovanni Ramos
Sent: Friday, March 8, 2024 9:37 AM
To: 22osceola@ninthcircuit.org
Ce: Ben Haynes; Christian Gendreau; Sheree Baker
Subject: Wilmington Savings Fund Society FSB vs. Jose Ortiz // Osceola // 2023 CA 003113
Attachments: Ortiz - Proposed AO (2nd M4CSC).docx; Ortiz_-_2nd_M4CSC_(Filed_2.27.24).pdf; Ortiz -
NOH 2nd M4CSC (Filed 3.8.24).pdf
Importance: High
Good morning,
hope all is well!
Please find enclosed a proposed agreed order on the Defendants’ filed Second Motion for Conciliation Settlement
Conference in the above referenced matter for the honorable Judge Young’s review and consideration. Opposing Counsel
(copied herein) has no objection to the form and content of the enclosed proposed agreed order. I have included a courtesy
copy of the filed motion along with an e-filed cover letter for the Court’s reference.
Thank you in advance for your time and assistance in this matter it is truly appreciated. If you have any questions or
should the Court require further process, please feel free to contact me.
Sincerely,
Giovanni Ramos
Head of Foreclosure Division
Haynes Law Group, P.A.
www.FightForYourHome.com
407 Wekiva Springs Road, Suite 217,
Longwood, FL 32779
T: (407)960-7377
F: (407)636-6904
HAYNES LAW
— GROUP
——
PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act,
18 U.S.C. § 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are
intended solely for the party or parties addressed and named in this message. This communication and all
attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable
attorney - client and or work product privileges. If you are not the intended recipient of t
message has been addressed to you in error, please immediately alert the sender by r
delete this message and its attachments. Do not deliver, distribute, or copy this messa
1
Filing # 192850161 E-Filed 02/27/2024 04:03:36 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
WILIMINGTON SAVINGS FUND SOCIETY,
FSB, AS TRUSTEE OF QUERCUS MORTGAGE
INVESTMENT TRUST,
Plaintiff,
vs. CASE NO.: 2023-CA-003113-MF
JOSE ORTIZ; BERNICE SANTIAGO; ET AL,
Defendants,
/
DEFENDANTS’, JOSE ORTIZ AND BERNICE SANTIAGO, SECOND MOTION FOR
CONCILIATION SETTLEMENT CONFERENCE
COMES NOW, the Defendants, JOSE ORTIZ and BERNICE SANTIAGO, by and
through undersigned counsel, and hereby move this Court for an Order referring the Parties to
conduct a Conciliation Settlement Conference and requiring Plaintiff's Representative in
attendance to have full authority to settle, and as grounds therefore would show that:
1 The Defendants’ goal is to retain this property.
2. Defendants stand by ready, willing, and able to make mortgage payments.
Defendants have been in direct contact with the Plaintiff in an attempt to resolve this matter
to no avail.
The Defendants would like to participate in a Conciliation Settlement Conference with
Plaintiff's Representative (who has full settlement authority) no more than thirty (30) days
from the date that an Order is entered on this Motion.
A Conciliation Settlement Conference would be beneficial for the parties, in that it would
not cost either party an extra expense.
WHEREFORE, the Defendants, JOSE ORTIZ and BERNICE SANTIAGO, respectfully
request that this Court enter an Order granting this Motion and referring the parties to conduct a
Conciliation Settlement Conference to occur no more than thirty (30) days from the date that an
Order is entered on this Motion and requiring Plaintiff's Representative attending said conference
to have full settlement authority.
Dated this 27" day of February 2024.
Respectfully submitted,
/s/Benjamin C. Haynes, Esq.
Benjamin C. Haynes, Esq.
Florida bar No. 91139
Haynes Law Group, P.A.
407 Wekiva Springs Road, Suite 217
Longwood, FL 32779
Telephone: (407) 960-7377
Email: Ben@hayneslegalgroup.com
CERTIFICATE OF SERVICE
LHEREBY CERTIFY that a true and correct copy of the foregoing was electronically filed
with the Court and furnished, via electronic mail, this 27 day of February 2024, to:
CHRISTIAN J. GENDREAU, ESQ.
Storey Law Group, P.A.
Attorneys for Plaintiff
221 NE Ivanhoe Blvd., Ste. 300
Orlando, FL 32804
Email: cgendreau@storeylawgroup.com
sbaker@storeylawgroup.com
CARLOS ARIAS, ESQ.
Arias Bosinger, PLLC
Attorneys for Defendant Doral Pointe
Homeowners’ Association, Inc.
280 W Canton Ave., Ste. 330
Winter Park, FL 32789
Email: CArias@ABLawFL.com
TBarr@ABlawFL.com
JOHN F. RUDY, lll
Assistant United States Attorney
Attorney for Defendant United States of
America on behalf of the U.S. Department
of Agriculture
400 N. Tampa St., Ste. 3200
Tampa, FL 33602
Email: USAFLM.State.Foreclosures@usdoj.gov
Damion. Stokle usda.go'
/s/Benjamin C_ Haynes, Esq.
Benjamin C. Haynes, Esq.
Nicole Ramirez
From: Giovanni Ramos
Sent: Monday, March 11, 2024 9:51 AM
To: Christian Gendreau; 220sceola@ninthcircuit.org
Cc: Ben Haynes; Sheree Baker
Subject: Re: Wilmington Savings Fund Society FSB vs. Jose Ortiz // Osceola // 2023 CA 003113
Attachments: 193701568 Order.pdf
Importance: High
Good morning,
T hope all is well!
I’m emailing you regarding the above-referenced matter.
Please be advised that the parties are not in agreement; however, a proposed agreed order was still entered on this matter
despite the same. Please advise whether the Court will vacate said order as we have a hearing coordinated and set for
March 28" regarding the same. Please advise.
Thank you in advance for your time and assistance in this matter it is truly appreciated. If you have any questions or
should the Court require further process , please feel free to contact me.
Sincerely,
Giovanni Ramos
Head of Foreclosure Division
Haynes Law Group, P.A.
www.FightForYourHome.com
407 Wekiva Springs Road, Suite 217,
Longwood, FL 32779
: (407)960-7377
F: (407)636-6904
HAYNES LAW
— GROUP
——
PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act,
18 U.S.C, § 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are
intended solely for the party or parties addressed and named in this message. This communication and all
attachments, if any, are intended to be and to remain confidential, and it may be subject to
attorney - client and or work product privileges. If you are not the intended recipient of this
message has been addressed to you in error, please immediately alert the sender by repl
delete this message and its attachments. Do not deliver, distribute, or copy this message
1
Nicole Ramirez TTT
i
From: Giovanni Ramos
Sent: Friday, March 8, 2024 10:16 AM
To: Christian Gendreau; 220sceola@ninthcircuit.org
Ce: Ben Haynes; Sheree Baker
Subject: Re: Wilmington Savings Fund Society FSB vs. Jose Ortiz // Osceola // 2023 CA 003113
Attachments: Ortiz - NOH_2nd_M4CSC_(Filed_3.8.24),pdf; Ortiz_-_2nd_M4CSC_(Filed_2.27.24).pdf
Importance: High
Good morning,
My sincerest apologies.
Please disregard my prior email it was a drafted email that was sent by mistake. This email was to be an email concerning
courtesy copies to the court for the hearing that was coordinated with opposing counsel’s office. The parties ARE NOT in
agreement on a proposed order, which is the reason for the hearing being scheduled.
My apologies again for any confusion and please find enclosed courtesy copies of the filed Notice of Hearing along with
the filed motion.
Thank you in advance for your time and assistance in this matter it is truly appreciated. If you have any questions or
should the Court require further process, please feel free to contact me.
Sincerely,
Giovanni Ramos
Head of Foreclosure Division
Haynes Law Group, P.A.
www,FightForYourHome.com
407 Wekiva Springs Road, Suite 217,
Longwood, FL 32779
T: (407)960-7377
F; (407)636-6904
HAYNES LAW
——- GROUP
PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act,
18 U.S.C. § 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are
intended solely for the party or parties addressed and named in this message. This communication and all
attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable
attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this
message has been addressed to you in error, please immediately alert the sender by reply e-mail and then
1
delete this message and its attachments. Do not deliver, distribute, or copy this message and or any
attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance
upon the information contained in this communication or any attachments. Although this E-mail and any
attachments are believed to be free of any virus or other defect that might affect any computer system into
which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no
responsibility is accepted by Sender for damage arising in any way from its use.
From: Christian Gend reau
Date: Friday, March 8, 2024 at 10:10 AM
To: Giovanni Ramos , 220sceola@ninthcircuit.org
<22osceola@ninthcircuit.org>
Cc: Ben Haynes , Sheree Baker
Subject: RE: Wilmington Savings Fund Society FSB vs. Jose Ortiz // Osceola // 2023 CA 003113
Respectfully,
I'm confused by this email. Counsel for Plaintiff does OBJECT to the proposed form and content of the order. My
objection was relayed to Mr. Ramos on Tuesday March 5, at 10:51 PM by email. In response to our objection to the
order, Mr. Ramos recognized that if we could not come to an agreement on the form of the order, that we would need
to set it for hearing and circulated dates for hearing, and | selected a date | was available for a hearing on the
motion. Please DO NOT enter the proposed order without having this matter heard by the Judge. Please let me know if
you have any questions on the above.
Regards,
Christian J. Gendreau, Esq.
Managing Attorney
Florida Supreme Court Certified Circuit Civil Mediator
Storey Law Group, P.A.
221 NE Ivanhoe Blvd., Ste 300
Orlando, FL 32804
Tel: (407) 488-1225
Fax (407) 488-1177
email: cgendreau@storeylawgroup.com
Ee) e So a
4
REA H ceded
The preceding email message may be confidential or protected by the attorney-client privilege. It is not intended for transmission to, or
receipt by, any unauthorized persons. If you have received this message in error, please (i) do not read it, (ji) reply to the sender that you
received the message in error, and erase or destroy the message. Legal advice contained in the preceding message is solely for the
benefit of the Storey Law Group, P.A. client(s) represented by the Firm in the particular matter that is the subject of this message, and
may not be relied upon by any other party.
DEBT COLLECTION: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, YOU ARE ADVISED THAT THIS LAW
FIRM MAY BE DEEMED A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED MAY BE
USED FOR THAT PURPOSE.
IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, OR IF YOU ARE A DEBTOR IN A PENDING
BANKRUPTCY ACTION, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO
COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF A SECURITY INTEREST, WHERE APPLICABLE.
2
Nicole Ramirez
A SST
From: Giovanni Ramos
Sent: Friday, March 8, 2024 10:15 AM
To: Christian Gendreau; Sheree Baker
Ce: Ben Haynes
Subject: Re: Hearing Coordination | Wilmington v. Ortiz (2023-CA-003113)
Good morning Attorney Gendreau,
I sincerely apologize for that mistake. I sent the incorrect drafted email to the Court. I’m clearing it up now.
My apologies again.
Sincerely,
Giovanni Ramos
Head of Foreclosure Division
Haynes Law Group, P.A.
www. FightForYourHlome.com
407 Wekiva Springs Road, Suite 217,
Longwood, FL 32779
T: (407)960-7377
F; (407)636-6904
HAYNES LAW
——- GROUP-—
PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act,
18 U.S.C. § 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are
intended solely for the party or parties addressed and named in this message. This communication and all
attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable
attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this
message has been addressed to you in error, please immediately alert the sender by reply e-mail and then
delete this message and its attachments. Do not deliver, distribute, or copy this message and or any
attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance
upon the information contained in this communication or any attachments. Although this E-mail and any
attachments are believed to be free of any virus or other defect that might affect any computer system into
which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no
responsibility is accepted by Sender for damage arising in any way from its use.
From: Christian Gendreau
Date: Friday, March 8, 2024 at 10:12 AM
To: Giovanni Ramos , Sheree Baker
1
Preview
Filing # 193988302 E-Filed 03/14/2024 08:35:25 AM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA WILMINGTON SAVINGS FUND SOCIETY, FSR, AS TRUSTEE OF QUERCUS MORTGAGE INVESTMENT TRUST, Plaintiff, vs. CASE NO.: 2023-CA-003113 JOSE ORTIZ; et al., Defendants. JOINT MOTION TO VACATE ORDER ENTERED BY MISTAKE COMES NOW, the Parties, Plaintiff, WILMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE OF QUERCUS MORTGAGE INVESTMENT TRUST, and Defendants, JOSE ORTIZ and BERNICE SANTIAGO, by and through their respective undersigned counsel, pursuant to Rule 1.540, Fla. R. Civ. P., who respectfully move this Honorable Court to Vacate the Agreed Order, entered by mistake, on March 11, 2024, (“Order”), a copy of which is attached hereto as Exhibit A, and as grounds therefore, states as follows: 1 Final Judgment of residential Mortgage Foreclosure was entered on October 5, 2023. 2 Sale was set on February 1, 2024, but was cancelled due to loss mitigation efforts. 3 Set for hearing on March 28, 2024, is Defendants’ Motion for Second Conciliation Conference (“Motion”). 4 Plaintiff objects to the Order, opposes the Motion, and will file a response to the Motion. 5 On March 8, 2024, Defense counsel, submitted an email communication (“Message”) to the Court’s judicial assistant (“JA”) via address 220sceola@ninthcircuit.org. The email attached a proposed Agreed Order and the Message erroneously stated that the order was agreed and that Plaintiffs counsel had no objection to the form and content. A copy of Defendants email message to the JA, including Defendants’ Motion, is attached hereto as Exhibit B. 6 The Court entered the Order based upon this mistake and inadvertence. A copy of the Order to be vacated is attached hereto as Exhibit A. 7. Defense counsel knew of Plaintiffs objection to Defendants’ Motion and the proposed order but inadvertently sent the above Message to the Court by mistake and has graciously acknowledged the error with a follow up email to the JA explaining the mistake (“Email”). A copy of Defendants’ corrective Email to the Court is attached hereto as Exhibit C. 8 Accordingly, the Parties jointly move to vacate the Order entered by mistake. 9 Florida Rule of Civil Procedure 1.540(b)(1) provides that a court may relieve a party from an order entered “for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect...” 10. It is well established that “Rule 1.540(b) is a rule providing for equitable relief which should be liberally construed.” Florida Aviation Acad. v. Charter Air Cir., 449 So, 2d 350, 353 (Fla. 1* DCA 1984). Thus, the trial court “has broad judicial discretion in ruling on a motion to vacate under Rule 1.540(b).” Rosso v. Golden Surf Towers Condo. Ass’n., 711 So. 2d 1298, 1300 (Fla. 4" DCA 1998). ll. As set forth berein by the Parties, the entry of the Agreed Order was based upon the mistake or excusable neglect of Defense counsel in submitting a proposed order he knew was opposed but inadvertently representing it as agreed. Courts are inclined to find excusable neglect when the error occurs due to a breakdown in the mechanical or operational practice of the attorney’s staff or equipment. Carter v. Lake County, 840 So. 2d 1153 (Fla. 5" DCA 2003). 12, Thus, the Court’s execution of the Order was a mistake and provides good cause for the Court to vacate the Order. Additionally, the Court has not yet held the hearing scheduled on March 28, 2024 to decide this matter so entry of the Order was by mistake. 13. Florida law is well settled that actions should proceed on their merits. Melody Tours Ine. v. Granville Market Letter, Inc.m, 413 So. 2d 450 (Fla. 5" DCA 1982). 14, This motion is made in good faith and not for purposes of delay. 15. The Parties will not be prejudiced by the Court granting their Motion to Vacate the Order entered by mistake. However, the Parties will suffer prejudice and greater delay if the erroneous Order is not vacated. WHEREFORE, the Parties, respectfully request that this Court enter and Order vacating the March 11, 2024 Order, and for such other and further relief deemed just and proper. /s/ Benjamin Haynes BENJAMIN C. HAYNES, ESQ. Florida Bar No.: 91139 Counsel for Defendants WK ko ——? NICOLE R. RAMIREZ, ESQ. Florida Bar No.: 108006 Counsel for Plaintiff CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served via Florida Courts E-Filing Portal, Electronic Mail and/or U.S. Mail to: Benjamin C. Haynes, Esq at ben@hayneslegalgroup.com; Carlos Arias, Esq. at carias@ablawfl.com and tbarr@ablawfl.com; John FE Rudy, Wl, Esq. at USAFLM State.Foreclosures@usdoj.gov and Damion.stokley@usda.gov; Unknown Tenant #1 nka Natividad Vargas, 3107 Harris Park Way, Kissimmee, FL 34758; and U Kissimmee, FL 34758, this |" iN own Tenant #2 nka Fremiot Santiago, 3107 Harris Park Way, lay of March 2024. kta NICOLE R. RAMIREZ, ESQ. Board Certified Appellate Practice Florida Bar No.: 108006 Email: nramirez@storeylawgroup.com STOREY LAW GROUP, P.A. 221 NE Ivanhoe Blvd, Suite 300 Orlando, FL 32804 Telephone: 407-488-1225 Facsimile: 407-488-1177 Secondary Email: sbaker@storeylawgroup.com Attorneys for Plaintiff Filing # 193701568 E-Filed 03/11/2024 09:45:19 AM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA WILIMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE OF QUERCUS MORTGAGE INVESTMENT TRUST, Plaintiff, VS. CASE NO.: 2023-CA-003113-MF JOSE ORTIZ; BERNICE SANTIAGO; ET AL., Defendants. / AGREED ORDER ON DEFENDANTS’ MOTION FOR CONCILIATION CONFERENCE This cause having come before the Court on Defendants’, JOSE ORTIZ and BERNICE SANTIAGO, Second Motion for Conciliation Conference, filed February 27, 2024, and the Court having been fully advised in the premises and that the parties have an agreement, it is hereby: ORDERED AND ADJUDGED that: 1 The Defendant’s Motion for Conciliation Conference is GRANTED. 2. A conciliation conference shall occur no more than thirty (30) days from the date of this order. 3. Parties in attendance shall have full authority to settle this matter. DONE AND ORDERED in Chambers, at Osceola County, this day of , 2024. “asfe ‘seu 12024YOUNG, 094457THOIAKS 0804SW Circuit Judge Copies served via the Florida Courts E-Filing Portal. Nicole Ramirez a From: Giovanni Ramos Sent: Friday, March 8, 2024 9:37 AM To: 22osceola@ninthcircuit.org Ce: Ben Haynes; Christian Gendreau; Sheree Baker Subject: Wilmington Savings Fund Society FSB vs. Jose Ortiz // Osceola // 2023 CA 003113 Attachments: Ortiz - Proposed AO (2nd M4CSC).docx; Ortiz_-_2nd_M4CSC_(Filed_2.27.24).pdf; Ortiz - NOH 2nd M4CSC (Filed 3.8.24).pdf Importance: High Good morning, hope all is well! Please find enclosed a proposed agreed order on the Defendants’ filed Second Motion for Conciliation Settlement Conference in the above referenced matter for the honorable Judge Young’s review and consideration. Opposing Counsel (copied herein) has no objection to the form and content of the enclosed proposed agreed order. I have included a courtesy copy of the filed motion along with an e-filed cover letter for the Court’s reference. Thank you in advance for your time and assistance in this matter it is truly appreciated. If you have any questions or should the Court require further process, please feel free to contact me. Sincerely, Giovanni Ramos Head of Foreclosure Division Haynes Law Group, P.A. www.FightForYourHome.com 407 Wekiva Springs Road, Suite 217, Longwood, FL 32779 T: (407)960-7377 F: (407)636-6904 HAYNES LAW — GROUP —— PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. § 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of t message has been addressed to you in error, please immediately alert the sender by r delete this message and its attachments. Do not deliver, distribute, or copy this messa 1 Filing # 192850161 E-Filed 02/27/2024 04:03:36 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA WILIMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE OF QUERCUS MORTGAGE INVESTMENT TRUST, Plaintiff, vs. CASE NO.: 2023-CA-003113-MF JOSE ORTIZ; BERNICE SANTIAGO; ET AL, Defendants, / DEFENDANTS’, JOSE ORTIZ AND BERNICE SANTIAGO, SECOND MOTION FOR CONCILIATION SETTLEMENT CONFERENCE COMES NOW, the Defendants, JOSE ORTIZ and BERNICE SANTIAGO, by and through undersigned counsel, and hereby move this Court for an Order referring the Parties to conduct a Conciliation Settlement Conference and requiring Plaintiff's Representative in attendance to have full authority to settle, and as grounds therefore would show that: 1 The Defendants’ goal is to retain this property. 2. Defendants stand by ready, willing, and able to make mortgage payments. Defendants have been in direct contact with the Plaintiff in an attempt to resolve this matter to no avail. The Defendants would like to participate in a Conciliation Settlement Conference with Plaintiff's Representative (who has full settlement authority) no more than thirty (30) days from the date that an Order is entered on this Motion. A Conciliation Settlement Conference would be beneficial for the parties, in that it would not cost either party an extra expense. WHEREFORE, the Defendants, JOSE ORTIZ and BERNICE SANTIAGO, respectfully request that this Court enter an Order granting this Motion and referring the parties to conduct a Conciliation Settlement Conference to occur no more than thirty (30) days from the date that an Order is entered on this Motion and requiring Plaintiff's Representative attending said conference to have full settlement authority. Dated this 27" day of February 2024. Respectfully submitted, /s/Benjamin C. Haynes, Esq. Benjamin C. Haynes, Esq. Florida bar No. 91139 Haynes Law Group, P.A. 407 Wekiva Springs Road, Suite 217 Longwood, FL 32779 Telephone: (407) 960-7377 Email: Ben@hayneslegalgroup.com CERTIFICATE OF SERVICE LHEREBY CERTIFY that a true and correct copy of the foregoing was electronically filed with the Court and furnished, via electronic mail, this 27 day of February 2024, to: CHRISTIAN J. GENDREAU, ESQ. Storey Law Group, P.A. Attorneys for Plaintiff 221 NE Ivanhoe Blvd., Ste. 300 Orlando, FL 32804 Email: cgendreau@storeylawgroup.com sbaker@storeylawgroup.com CARLOS ARIAS, ESQ. Arias Bosinger, PLLC Attorneys for Defendant Doral Pointe Homeowners’ Association, Inc. 280 W Canton Ave., Ste. 330 Winter Park, FL 32789 Email: CArias@ABLawFL.com TBarr@ABlawFL.com JOHN F. RUDY, lll Assistant United States Attorney Attorney for Defendant United States of America on behalf of the U.S. Department of Agriculture 400 N. Tampa St., Ste. 3200 Tampa, FL 33602 Email: USAFLM.State.Foreclosures@usdoj.gov Damion. Stokle usda.go' /s/Benjamin C_ Haynes, Esq. Benjamin C. Haynes, Esq. Nicole Ramirez From: Giovanni Ramos Sent: Monday, March 11, 2024 9:51 AM To: Christian Gendreau; 220sceola@ninthcircuit.org Cc: Ben Haynes; Sheree Baker Subject: Re: Wilmington Savings Fund Society FSB vs. Jose Ortiz // Osceola // 2023 CA 003113 Attachments: 193701568 Order.pdf Importance: High Good morning, T hope all is well! I’m emailing you regarding the above-referenced matter. Please be advised that the parties are not in agreement; however, a proposed agreed order was still entered on this matter despite the same. Please advise whether the Court will vacate said order as we have a hearing coordinated and set for March 28" regarding the same. Please advise. Thank you in advance for your time and assistance in this matter it is truly appreciated. If you have any questions or should the Court require further process , please feel free to contact me. Sincerely, Giovanni Ramos Head of Foreclosure Division Haynes Law Group, P.A. www.FightForYourHome.com 407 Wekiva Springs Road, Suite 217, Longwood, FL 32779 : (407)960-7377 F: (407)636-6904 HAYNES LAW — GROUP —— PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C, § 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to attorney - client and or work product privileges. If you are not the intended recipient of this message has been addressed to you in error, please immediately alert the sender by repl delete this message and its attachments. Do not deliver, distribute, or copy this message 1 Nicole Ramirez TTT i From: Giovanni Ramos Sent: Friday, March 8, 2024 10:16 AM To: Christian Gendreau; 220sceola@ninthcircuit.org Ce: Ben Haynes; Sheree Baker Subject: Re: Wilmington Savings Fund Society FSB vs. Jose Ortiz // Osceola // 2023 CA 003113 Attachments: Ortiz - NOH_2nd_M4CSC_(Filed_3.8.24),pdf; Ortiz_-_2nd_M4CSC_(Filed_2.27.24).pdf Importance: High Good morning, My sincerest apologies. Please disregard my prior email it was a drafted email that was sent by mistake. This email was to be an email concerning courtesy copies to the court for the hearing that was coordinated with opposing counsel’s office. The parties ARE NOT in agreement on a proposed order, which is the reason for the hearing being scheduled. My apologies again for any confusion and please find enclosed courtesy copies of the filed Notice of Hearing along with the filed motion. Thank you in advance for your time and assistance in this matter it is truly appreciated. If you have any questions or should the Court require further process, please feel free to contact me. Sincerely, Giovanni Ramos Head of Foreclosure Division Haynes Law Group, P.A. www,FightForYourHome.com 407 Wekiva Springs Road, Suite 217, Longwood, FL 32779 T: (407)960-7377 F; (407)636-6904 HAYNES LAW ——- GROUP PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. § 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then 1 delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by Sender for damage arising in any way from its use. From: Christian Gend reau Date: Friday, March 8, 2024 at 10:10 AM To: Giovanni Ramos , 220sceola@ninthcircuit.org <22osceola@ninthcircuit.org> Cc: Ben Haynes , Sheree Baker Subject: RE: Wilmington Savings Fund Society FSB vs. Jose Ortiz // Osceola // 2023 CA 003113 Respectfully, I'm confused by this email. Counsel for Plaintiff does OBJECT to the proposed form and content of the order. My objection was relayed to Mr. Ramos on Tuesday March 5, at 10:51 PM by email. In response to our objection to the order, Mr. Ramos recognized that if we could not come to an agreement on the form of the order, that we would need to set it for hearing and circulated dates for hearing, and | selected a date | was available for a hearing on the motion. Please DO NOT enter the proposed order without having this matter heard by the Judge. Please let me know if you have any questions on the above. Regards, Christian J. Gendreau, Esq. Managing Attorney Florida Supreme Court Certified Circuit Civil Mediator Storey Law Group, P.A. 221 NE Ivanhoe Blvd., Ste 300 Orlando, FL 32804 Tel: (407) 488-1225 Fax (407) 488-1177 email: cgendreau@storeylawgroup.com Ee) e So a 4 REA H ceded The preceding email message may be confidential or protected by the attorney-client privilege. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this message in error, please (i) do not read it, (ji) reply to the sender that you received the message in error, and erase or destroy the message. Legal advice contained in the preceding message is solely for the benefit of the Storey Law Group, P.A. client(s) represented by the Firm in the particular matter that is the subject of this message, and may not be relied upon by any other party. DEBT COLLECTION: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, YOU ARE ADVISED THAT THIS LAW FIRM MAY BE DEEMED A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, OR IF YOU ARE A DEBTOR IN A PENDING BANKRUPTCY ACTION, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF A SECURITY INTEREST, WHERE APPLICABLE. 2 Nicole Ramirez A SST From: Giovanni Ramos Sent: Friday, March 8, 2024 10:15 AM To: Christian Gendreau; Sheree Baker Ce: Ben Haynes Subject: Re: Hearing Coordination | Wilmington v. Ortiz (2023-CA-003113) Good morning Attorney Gendreau, I sincerely apologize for that mistake. I sent the incorrect drafted email to the Court. I’m clearing it up now. My apologies again. Sincerely, Giovanni Ramos Head of Foreclosure Division Haynes Law Group, P.A. www. FightForYourHlome.com 407 Wekiva Springs Road, Suite 217, Longwood, FL 32779 T: (407)960-7377 F; (407)636-6904 HAYNES LAW ——- GROUP-— PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. § 2510-2521 and is legally privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties addressed and named in this message. This communication and all attachments, if any, are intended to be and to remain confidential, and it may be subject to the applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by Sender for damage arising in any way from its use. From: Christian Gendreau Date: Friday, March 8, 2024 at 10:12 AM To: Giovanni Ramos , Sheree Baker 1