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Letter to Judge Bergmann RE Motion to Quash Denied w/o Hearing

Letter to Judge Bergmann RE Motion to Quash Denied w/o Hearing

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Published by Foreclosure Fraud

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Categories:Types, Research, Law
Published by: Foreclosure Fraud on Sep 20, 2011
Copyright:Attribution Non-commercial


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Mark P. Stopa, Esq.
September 19, 2011Honorable Charles Ed Bergmann800 E. Twiggs St.Room 526Tampa, FL 33602Re: BAC Home Loans Servicing, LP v. DiGiovanniHillsborough County Case No. 09-CA-32150Your Honor:I am in receipt of your September 15, 2011 Order wherein, you denied Defendant’sMotion to Quash, without notice or hearing, based on your belief Defendant waived his jurisdictional challenge by filing of a motion for extension of time. Respectfully, this ruling isdirectly contrary to controlling case law, which is set forth in the attached motion.Respectfully, it is very disappointing to lose on an issue like this when I never had anopportunity to be heard, particularly when it’s clear to me that the Court’s ruling is erroneous. Inother words, while I can understand the Court’s desire to move cases along and not havehundreds of hearings on the exact same issue (like is arguably the case with the Motion toDismiss), I don’t think the recent Administrative Order was intended for the Court to adjudicateissues that are not boilerplate foreclosure issues or to deprive Defendants of the right to be heardon such matters. After all, whether a motion for extension waives the right to challenge serviceof process is not a matter you hear every day, as if it were, you would have been aware of thelaw cited in the attached motion. Hence, I must respectfully request, in the future, that myclients be afforded hearings on such matters, as otherwise it just creates more time and expensefor everyone involved.Finally, as if this were not uncomfortable enough already, it is incumbent upon me tonote that the attached motion does not toll the time for my client to appeal your Order. Hence,unless you reverse your ruling on the Motion to Quash before October 13, 2011, my client willhave no choice but to seek review in the Second District. As the law on this issue is clear, Isubmit it would be appropriate for this Court to take appropriate action before that time, be it arehearing or a stay pending appeal.

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