Filing # 108660732 E-Filed 06/10/2020 01:01:14 PM
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`IN THE CIRCUIT COURT OF THE
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`SEVENTEENTH JUDICIAL CIRCUIT, IN AND
`FOR BROWARD COUNTY, FLORIDA
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`CASE NO: CACE19017446 (11)
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`LAKEVIEW LOAN SERVICING, LLC,
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`Plaintiff,
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`v.
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`JULIUS J. SANDI, et. al.,
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`Defendant(s).
`______________/
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`BANYAN ESTATES HOMEOWNERS’ ASSOCIATION, INC.’S
`MOTION FOR CASE MANAGEMENT CONFERENCE
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`Defendant, BANYAN ESTATES HOMEOWNERS’ ASSOCIATION, INC.
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`(hereinafter “ASSOCIATION”), by and through its undersigned counsel, hereby moves this
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`Court to conduct a Case Management Conference, pursuant to Rule 1.200(a), Fla.R.Civ.P.,
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`and as grounds therefore, shows this Court:
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`1.
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`Assessments owed to Defendant, ASSOCIATION, are unpaid since
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`January 1, 2019. As a result of the delinquency, a Claim of Lien was recorded on August 8,
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`2019, as Instrument Number 115973655, of the Public Records of Broward County, Florida.
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`A true and correct copy of the recorded Claim of Lien is attached hereto and incorporated
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`herein as Exhibit “A.”
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`2.
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`3.
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`4.
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`The instant mortgage foreclosure action was filed on August 22, 2019.
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`On March 5, 2020, Defendant, ASSOCIATION, filed its Notice for Trial.
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`According to the record of the Broward County Property Appraiser, the
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`subject property has a market value of $307,700.00. A true and correct copy is attached
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`hereto and incorporated herein as Exhibit “B”
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`5.
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`When compared to Plaintiffs outstanding principal balance ($315,047.19,
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`See Complaint, Paragraph 14), it is apparent that there is no equity in the property.
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`6.
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`As a result of the safe-harbor limitations imposed by Florida Statute
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`§720.3085(2)(C), which caps a foreclosing lenders’ payoff of pre-title assessments to the
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`lesser of 12 months of unpaid assessments or 1% of the foreclosed mortgage’s original
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`*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 06/10/2020 01:01:13 PM.****
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`amount—in this case--$600.00, delays in prosecution of this case are prejudicial to
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`Defendant, ASSOCIATION:
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`“It is completely reasonable to conclude that the legislature, in modifying the
`common law position, wanted a homeowners association to be able to be
`involved in the case from the start so that it could have the ability to move the
`case along and monitor its progress. It could then notice the case for trial at an
`early point in the litigation.
`It could ask the court for mediation. As a non-
`profit entity, it could have attempted to minimize its loss in assessments as it
`is generally in an association’s best interest to move the case to a quick
`resolution.”
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`See, Federal National Mortgage Association v. Mirabella at Mirasol Homeowners’
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`Association, Inc, 204 So.2d 164, 166 (Fla. 4th DCA 2016).
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`7.
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`Defendant, ASSOCIATION, requests that this Court, at a Case Management
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`Conference, set this case for trial and sale without further delay that is prejudicial to
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`Defendant, ASSOCIATION.
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`WHEREFORE, Defendant, ASSOCIATION, requests that this Court conduct a
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`Case Management Conference, set this case for trial, and for such other and further relief
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`that this Court deems just, equitable and proper.
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`[INTENTIONALLY BLANK]
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`

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`I HEREBY CERTIFY that a true and correct copy of the above and foregoing has
`been served by electronic mail (when applicable) and by regular U.S. Mail on this {—0fi
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`day of June, 2020 to:
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`Tiffany & Bosco, P.A.
`Attorneys for Plaintifir
`1201 S. Orlando Ave, Suite 430
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`Winter Park, FL 32789
`Email: floridaservice@tblaw.com; jmm@tblaw.com ars@tblaw.com
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`Segual Law Firm,
`Attorneys for Defendants Julius J. Sandi and Danielle M Kelly-Sandi
`300 S. Pine Island Road, Suite 304
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`Plantation, FL 33324
`Email: John@Segual.com; SSPAServicegngaileom
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`Moskowitz, Mandell, Salim & Simowitz, PA
`800 Corporate Drive, Suite 500
`Fort Lauderdale, FL 33334
`Tel: (954) 491-2000 / Fax: (954) 491-2051
`Primary Email: alewis@mmsslaw.com
`Second
`Email: alewis2@mmsslaw.com
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`
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`Arthur E. Lewis, Esq. /FBN: 161667
`Attorney for Association [MMSS 3553.31]
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`INSTR # 115973655
`Igroward Cmgmnfiggnmn
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`This instrument prepared by,
`record and return to:
`Arthur E. Lewis, Esq. [File 3553.31]
`Moskowitz, Mandel], Salim & Simowitz, P.A.
`800 Corporate Drive, Suite 500
`Ft. Lauderdale, FL 33334
`TEL: (954) 491-2000, ext. 231
`FAX: (954) 491-2051
`EMAIL: alewis@;an§slaw.com
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`CLAIM 0F LIEN FOR ASSOCIATION ASSESSMENTS
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`STATE OF FLORIDA
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`COUNTY OF BROWARD
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`This is a Claim of Lien by BANYAN ESTATES HOMEOWNERS’ ASSOCIATION,
`INC., having an address of 0/0 MIAMI MANAGEMENT, INC, 1145 SAWGRASS CORP.
`PKY., SUNRISE, FL 33323. Pursuant to Florida Statutes §720.3085 and the Declaration of
`Protective Covenants, Condition, and Restrictions said Association is owed the following
`amounts for assessments for shares of the common expenses:
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`Assessments at $150.001Quarter (due 1/1/19 through 7/1/19):
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`TOTAL:
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`$50.05!
`S450.00*
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`Plus interest at the maximum rate allowed by law, less any partial payments. Additionally, this
`Claim of Lien shall also secure all late fees, returned check charges, unpaid assessments and
`special assessments, interests, costs, and attomey’s fees which are due and which may accrue
`subsequent to the date of this Claim of Lien and through entry of a Final Judgment of
`Foreclosure and any Affidavit of Additional Advances. The Association claims this lien on the
`below described property:
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`Lot 17 of BANYAN ESTATES, according to the plat thereof, as recorded
`in Plat Book 139, Page“) 36, Public Records of Broward County, Florida.
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`9599 NW 53” Street, Sunrise, FL 33351
`ADDRESS:
`0WNER(S): Julius J Sandi and Danielle M Kelly-Sandi
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`As of July 19, 2019, all of the above amounts remain outstanding.
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`Signature: MPrint Name: hate, 4::mam Mel
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`Title:
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`N ARY PUBLIC
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`Theforegoing01$ofLien@acknowledgedbeforemeo thisébdayofQM lL12
`2019, by
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`(title), who is
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`personally known to me, and who did take an oath.
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`-
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`MINDY LISA
`13, Notary Publlc - sum or Florida
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`Commhslon # F 927428
`3 3:1, "A‘fi My Conan. Expires Nov 2. 2019
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`EXHIBIT
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`9599 NW 53 STREET
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`Page 1 of 1
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`MARTY KIAR
`BR®WARD
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`l—‘F‘G'F‘EFCY‘V‘ 10.010.000.05“:
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`9599 NW 53 STREET, SUNRISE FL 33351
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`Site Address
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`Property Owner KELLY-SANDI, DANIELLE M
`SANDI, JULIUS J
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`Mailing Address 9599 NW 53 ST SUNRISE FL 33351
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`Abbr Legal
`Description
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`BANYAN ESTATES 139-36 B LOT 17
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`4941 17 25 0170
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`Millage
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`2112
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`O1
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`The just values displayed below were set in compliance with Sec. 193.011. Fla. Stat” and
`include a reduction for costs of sale and other adjustments required by Sec. 193.01 1(8).
` * 2020 values are considered "working values" and are subject to change.
` Property Assessment Values
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`m_—_—
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`020* Exemptions and Taxable Values by Taxing Authority
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`“B I)
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`Sales History
`Land Calculations
`.21! Type E 000000000000 mm-
`—Im- 0000.000
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`$165,000
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`——-
`_—-
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`$255000 —
`8/20/2004
`WD
`_—— Adj. Bldg. S.F.
`ar ,
`e c
`_1948
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`UnitsIBedslBaths
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`1/3/2
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`EffJAct. Year Built: 1992l1991
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`EXHIBIT
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`https://bcpa.net/Reclnfo.asp?URL_Folio=4941 17250170
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`6/10/2020
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