Stay Writ Possession

					               IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
                    IN AND FOR MIAMI-DADE COUNTY, FLORIDA



GREENPOINT MORTGAGE FUNDING, INC.                           CASE 08- CA 31
Plaintiff                                                   CIVIL DIVISION
vs.
 DIAZ, et al.
Defendant
_____________________________________/


                      MOTION FOR STAY ON WRIT OF POSSESSION

       Defendant, Diaz, by and through undersigned counsel, and pursuant to the Florida Rules
of Civil Procedure, hereby files and serves his Motion for Stay on the Writ of Possession, and
states as follows:
   1. The foreclosure proceedings on the captioned case have been fraught with
       inconsistencies and confusion from the very beginning. (See Exhibit “A”).
   2. The record shows that National City Mortgage had to intervene since they were never
       properly served.
   3. On May 7, 2010, Defendant filed a Motion to Dismiss Final Summary Judgment
       correctly claiming that Plaintiff did not provide an original note and did not produce an
       assignment of mortgage. (See Exhibit “B”).
   4. Consequently, on June 9, 2010, Plaintiff amended the Notice of Lis Pendens and the
       complaint pursuant to the allegations made by defendant in his motion of May 7, 2010.
   5. On May 23, 2011, Defendant’s motion to dismiss was denied and an order for Writ of
       Possession was granted.
   6. On June 1, 2011, a writ of possession was mistakenly issued contravening the court order
       of May 23, 2011, which gave defendant 60 days before a writ of possession could be
       issued. (See Exhibit “C”).
   7. Defendant has been searching for other documents and communications having to do
       with this property in the hope of clarifying the doubts and answering some of the
       questions surrounding this convoluted foreclosure action.
   8. Accordingly, in the interest of justice and fair play, the Defendant prays that this motion
       be granted and an order providing a temporary 90 day stay on the application of the
       previously granted writ of possession be issued. The Defendant states that he will not
       engage in any action that would harm the homestead property, and the delay will not
       unduly harm the parties involved.


              WHEREFORE, Defendant respectfully request that this honorable court enter an
       order granting this motion and for any other relief as this court may deem just and proper.




                                CERTIFICATE OF SERVICE

        I CERTIFY that a copy of the foregoing was furnished by U.S. Mail and facsimile on this
13th day of August 2011, to Law Offices of Marshall C. Watson, P.A., 1800 NW 49 Street, Suite
120, Ft. Lauderdale, FL 33309; and to attached mailing list.




                                                    ____________________________

				
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