Filing# 119162050 E-Filed 01/06/2021 02:32:47 PM

IN THE CIRCUIT COURT OF

THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA

CASE NO.: 502016-CA-009292

DIVISION AH

FIRST AMERICAN BANK, as

successor by merger to Bank of
Coral Gables, LLC,

PY
Plaintiff,

O
V.

C
LAURENCE S. SCHNEIDER,
STEPHANIE L. SCHNEIDER, et al.,

ED
Defendants.
__________ /
FI
NOTICE OF SERVICE
TI

Plaintiff, First American Bank, by and through its undersigned counsel,

ER

hereby gives Notice of Service of the:

(1) Motion to Restore Case to Active Status and Notice of Filing Bankruptcy
Court's Orders of Relief from Automatic Stay and Dismissal (bearing a
C

Certificate of Service dated January 6, 2021);

A

(2) Plaintiffs, First American Bank, Motion to Enforce Order Granting

Issuance of Writ of Possession (bearing a Certificate of Service dated
T

November 5, 2020); and

O

(3) Notice of Hearing (bearing Certificate of Service dated January 6, 2021)

N

on Martin G. McCarthy, Esq. and Emre Yersel, Esq., counsel for the Defendant,

STEPHANIE L. SCHNEIDER.

l<** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 01/06/2021 02:32:47 PM***
 Respectfully submitted,

KELLER & MESA, LLP

Attorneys for Plaintiff
121 Majorca Avenue, #200
Coral Gables, FL 33134
Telephone: (305) 529-8500
Telefax: (305) 529-0228
Email: jkeller@kellermesa.com

PY
By: __s~/_J,_o_h_n_W_.Ki_e_lle_r~,_II_I_ _ __
John W. Keller, III
Florida Bar No. 229989

O
C
ED
FI
TI
ER
C
A
T
O
N

Page 2 of 4
 CERTIFICATE OF SERVICE

WE HEREBY CERTIFY that a true and correct copy of the foregoing,

Notice of Service, was delivered to: LAURENCE S. SCHNEIDER

(larry@sacapitalpartners.com / jordyn.schneiderl 998@gmail.com), 17685

Circle Pond Court, Boca Raton, FL 33496; MARTIN G. MCCARTHY, ESQ.

PY
(mccarthy@myattorneyservices.com), McCarthy & Yersel, PLLC, 2151 S.

Lejeune Road, Suite 306, Coral Gables, FL 33134; EMRE YERSEL, ESQ.

O
(eyersel@myattorneyservices.com), McCarthy & Yersel, PLLC, 2151 S. Lejeune

C
Road, Suite 306, Coral Gables, FL 33134; ALEKSANDRA NOVAKOVICH

ED
GONZALEZ, ESQ. (foreclosures@ssclawfirm.com),
FI Sachs, Sax, Caplan,

Attorneys for Oaks at Boca Raton, 6111 Broken Sound Parkway, N.W., #200,

Boca Raton, FL 33487; and GEOFFREY M. CAHEN, ESQ.

TI

(geoff@cahenlaw.com), Cahen Law, P.A., 1900 Glades Road, Suite 270, Boca
ER

Raton, FL 33431 via the E-filing Portal on this 6th day of January, 2021.
C

KELLER & MESA, LLP

A
T

By: __s...../_J,_o_h_n_W_. Ki_e_lle_r__,_,_II_I_ _ __

John W. Keller, III
O
N

Page 3 of 4
This notice is provided pursuant to Administrative Order No. 2.207-9 / 12

"If you are a person with a disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost to you,
to the provision of certain assistance. Please contact Tammy Anton,
Americans with Disabilities Act Coordinator, Palm Beach County
Courthouse, 205 North Dixie Highway West Palm Beach, Florida 33401;
telephone number (561) 355-4380 at least 7 days before your scheduled
court appearance, or immediately upon receiving this notification if the
time before the scheduled appearance is less than 7 days; if you are

PY
hearing or voice impaired, call 711."

"Si usted es una persona minusvalida que necesita alg(m

O
acomodamiento para poder participar en este procedimiento, usted tiene
derecho, sin tener gastos propios, a que se le provea cierta ayuda.

C
Tenga la amabilidad de ponerse en contacto con Tammy Anton, 205 N.
Dixie Highway, West Palm Beach, Florida 33401; telefono numero (561)

ED
355-4380, por lo menos 7 dias antes de la cita fijada para su
comparecencia en los tribunales, o inmediatamente despues de recibir
esta notificaci6n si el tiempo antes de la comparecencia que se ha
FI
programado es menos de 7 dias; si usted tiene discapacitaci6n del oido o
de la voz, Harne al 711."
TI

"Si ou se yon moun ki enfim ki bezwen akomodasyon pou w ka patisipe

nan pwosedi sa, ou kalifye san ou pa gen okenn lajan pou w peye, gen
ER

pwovizyon pou jwen kek ed. Tanpri kontakte Tammy Anton, k66donate
pwogram Lwa pou ameriken ki Enfim yo nan Tribinal Konte Palm Beach
la ki nan 205 North Dixie Highway, West Palm Beach, Florida 33401;
telefon li se (561) 355-4380 nan 7 jou anvan dat ou gen randevou pou
C

paret nan tribinal la, oubyen imedyatman apre ou fin resevwa

konvokasyon an si le ou gen pou w paret nan tribinal la mwens ke 7 jou;
A

si ou gen pwoblem pou w tande oubyen pale, rele 711."

T
O
N

Page 4 of 4
Filing# 119137295 E-Filed 01/06/2021 11:06:38 AM

IN THE CIRCUIT COURT OF

THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA

CASE NO.: 502016-CA-009292

DIVISION AW

FIRST AMERICAN BANK, as

successor by merger to Bank of

PY
Coral Gables, LLC,

Plaintiff,

O
V.

C
LAURENCE S. SCHNEIDER,

ED
STEPHANIE L. SCHNEIDER, et al.,

Defendants.
_______________ /
FI
MOTION TO RESTORE CASE TO ACTIVE STATUS
TI

AND NOTICE OF FILING BANKRUPTCY COURT'S

ORDERS OF RELIEF FROM AUTOMATIC STAY AND DISMISSAL
ER

Plaintiff, FIRST AMERICAN BANK ("First American"), by and through its

undersigned counsel, and in accordance with AOSC 16-15 and this Court's
C

Administrative Order No. 2.315-11/19 ,r4.B., hereby requests that (1) this case
A

be restored to active status, and, (2) the abatement entered by Order of this Court
T

dated November 17, 2020 be lifted, and further, notifies the Court, the Clerk and
O

Comptroller, and all parties, of the filing of the following Orders by the United
N

States Bankruptcy Court, Southern District of Florida, West Palm Beach

Division, in the case styled In re: Stephanie Lynn Schneider, Case No. 20-22398-

MAM entered, respectively, on January 5, 2021:

 1. Order Granting First American Bank's Motion for Relief from the

Automatic Stay; and,

2. Order Dismissing Case.

A copy of each Order is attached.

The background and legal grounds for this Motion are set forth as follows:

PY
a. The captioned lawsuit has been litigated for well over four years,

where the Defendants, Laurence and Stephanie Schneider (collectively the

O
"Schneiders") have not paid anything during this period of time on the note and

C
mortgage, for property taxes, property insurance, or fees/assessments of the

ED
homeowners' association, or on the judgments against them as amended or
FI
supplemented. 1

b. The Amended Final Judgment of Foreclosure (Supplemental

TI

Judgment) scheduled the foreclosure sale of the residential property located at

ER

17685 Circle Pond Court, Boca Raton, Florida 33496-1002 ("Property") for April

1, 2020 [DE 384]. 2

C

c. On August 3, 2020, the foreclosure sale was conducted, First

A

American purchased the "Property" by credit bid and the Clerk issued a
T

Certificate of Sale [DE 519].

O
N

1 It is noted that the Schneiders posted a cash supersedeas bond during the first appeal, and,

after appeal the Court directed the Clerk to have the cash bond paid to First American after the
Schneiders sought return of the bond and objected to the payment to First American.

2By Order, dated June 17, 2020, this Court reset the foreclosure sale of the Property for August
3, 2020 [DE 449].

Page 2 of 6
 d. No objection to the sale was filed, and, on August 17, 2020, the Clerk

issued a Certificate of Title to First American as the new owner of the Property

[DE 525].

e. Despite same, the Property continues to be occupied by Defendants

and reportedly their children (both of whom are over the age of 18), all of whom

PY
have failed and/ or refused to quit the Property.

f. Greatly exacerbating the circumstances, the Schneiders have filed

O
no less than three Motions for Emergency Injunctive Relief in both this Court

C
and the federal court and use such tactics to effect litigation delays and avoid

ED
compliance with this Court's orders. Indeed, the Schneiders filed an Emergency
FI
Motion for Temporary Restraining Order and/ or Temporary Injunction very early

in the morning on September 3, 2020 - the day set for hearing on First
TI

American's Motion for Writ of Possession. Judge Small took the time to review
ER

both Motions that morning, before and at the end of her motion calendar, heard

argument thereon, and denied the Emergency Motion for Temporary Restraining
C

Order and/ or Temporary Injunction and granted the Motion for Writ of
A

Possession [DE 588 & 589].

T

g. On September 24, 2020, the Schneiders improvidently removed this

O

case to federal court a second time [DE 602]. Again, by Order dated November
N

3, 2020, the federal court remanded the case to this Court [DE 612].

h. On November 4, 2020, the Schneiders filed an Emergency Motion to

Stay Proceedings, which Motion was denied by this Court by Order dated

November 5, 2020 [DE 607 & 610].

Page 3 of 6
 i. On November 5, 2020, First American filed a Motion to Enforce

Order Granting Issuance of Writ of Possession and set this Motion for hearing to

go forward on November 19, 2020 [DE 608 & 609].

j. On November 12, 2020, Defendant Stephanie Schneider filed in this

Court a Suggestion of Bankruptcy under Chapter 11, United States Code,

PY
whereby a federal automatic stay issued [DE 614].

k. In this Court's Order dated November 17, 2020, this case was abated

O
and the Clerk was directed to change the status of this case from ACTIVE to

C
INACTIVE using ORDABT code for reporting purposes [DE 616].

ED
Under the Orders described in the preamble to this Motion, the United
FI
States Bankruptcy Court lifted the automatic stay with immediate effect and

dismissed the case styled In re: Stephanie Lynn Schneider, Case No. 20-22398-
TI

MAM. The Order Granting First American Bank's Motion for Relief from the
ER

Automatic Stay specifically permits First American "to exercise all of its rights

and remedies, in rem, with regard to the property located at 17685 Circle Pond
C

Court, Boca Raton, Florida 33496-1002 (the "Property"), arising under, from or
A

relating to the Amend Final Judgment of Foreclosure, Certificate of Title and the
T

orders awarding First American Bank the right to exclusive possession of the
O

Property entered ... " in this Court. The 14 day stay of Bankruptcy Rule 4001
N

(a)(3) shall not apply and the Bankruptcy Court's Order "shall be fully in effect

on entry." Moreover, the Bankruptcy case stands dismissed.

Page 4 of 6
 WHEREFORE, Plaintiff, First American Bank, respectfully requests that

the abatement of this action be lifted and that the Clerk and Comptroller be

directed to restore this case to ACTIVE status.

Respectfully submitted,

KELLER & MESA, LLP

PY
Attorneys for Plaintiff
121 Majorca Avenue, #200
Coral Gables, FL 33134

O
Telephone: (305) 529-8500
Telefax: (305) 529-0228

C
Email: jkeller@kellermesa.com

ED
By: __s=/----"-J,...C..o"-'-h"-'-n-'W""'-'-.Ki=.c..e=lle~r"-'-,-=II=I_ _ __
John W. Keller, III
Florida Bar No. 229989
FI
TI
ER
C
A
T
O
N

Page 5 of 6
 CERTIFICATE OF SERVICE

WE HEREBY CERTIFY that a true and correct copy of the foregoing, Motion

to Restore Case to Active Status and Notice of Filing Bankruptcy Court's Orders

of Relief from Automatic Stay and Dismissal, was delivered to: LAURENCE S.

SCHNEIDER (larry@sacapitalpartners.com / jordyn.schneiderl 998@gmail.com),

PY
1 7685 Circle Pond Court, Boca Raton, FL 33496; STEPHANIE L. SCHNEIDER

(steffschneiderl3@gmail.com / jordyn.schneiderl 998@gmail.com), 17685 Circle

O
Pond Court, Boca Raton, FL 33496; ALEKSANDRA NOVAKOVICH GONZALEZ,

C
ESQ. (foreclosures@ssclawfirm.com), Sachs, Sax, Caplan, Attorneys for Oaks at

ED
Boca Raton, 6111 Broken Sound Parkway, N.W., #200, Boca Raton, FL 33487;
FI
and GEOFFREY M. CAHEN, ESQ.(geoff@cahenlaw.com), Cahen Law, P.A., 1900

Glades Road, Suite 270, Boca Raton, FL 33431 via the E-filing Portal on this 6 th
TI

day of January, 2021.

ER

KELLER & MESA, LLP

C

By: __s""'"/___;;._Jo.c..;h""""n....;.......c..W;;....;.•....c;Ki=-e"""l.;;..cle-'-r"-',I=II;;...___
John W. Keller, III
A
T
O
N

Page 6 of 6
 Case 20-22398-MAM Doc 43 Filed 01/05/21 Page 1 of 2

ORDERED in the Southern District of Florida on January 5, 2021.

1fMt 4Alll{

PY
Mindy A. Mora, Judge

O
United States Bankruptcy Court

C
UNITED STATES BANKRUPTCY COURT
ED
FI
SOUTHERN DISTRICT OF FLORIDA
WEST PALM BEACH DIVISION
TI

In re: Chapter 11
ER

STEPHANIE LYNN SCHNEIDER, Case No. 20-22398-MAM

Debtor.
C

--------------------'/

ORDER GRANTING FIRST AMERICAN BANK'S MOTION

A

FOR RELIEF FROM THE AUTOMATIC STAY

T

This case was heard December 22, 2020 on First American Bank's Motion for Relief from
O

the Automatic Stay (ECF No. 27) ("the Motion"). The Debtor did not appear at the hearing. The
N

Court having reviewed the record, for the reasons stated by the Court on the record at the hearing,

finds good cause for granting the Motion pursuant to 11 U.S.C.A 362 (d) (1) and for the 14-day

stay that would otherwise apply under Bankruptcy Rule 4001 (a)(3) not to apply to this Order. It

IS
 Case 20-22398-MAM Doc 43 Filed 01/05/21 Page 2 of 2

ORDERED AS FOLLOWS:

1. The Motion is granted.

2. The automatic stay of 11 U.S.C.A. 362 is hereby modified to allow First American

Bank to exercise all of its rights and remedies, in rem, with regard to the property located 17685

Circle Pond Court, Boca Raton, Florida 33496-1002 (the "Property"), arising under, from or

PY
relating to the Amended Final Judgment of Foreclosure, Certificate of Title and the orders

awarding First American Bank the right to exclusive possession of the Property entered in the state

O
court case referenced in the Motion, and otherwise available to it in law or in equity as the owner

C
of the Property. This includes, without limitation, the issuance and execution of Writs of

ED
Possession, and all such other process and execution appropriate for First American Bank to obtain

full and exclusive possession and control of the Property and to remove the Debtor and the other
FI
non-debtor occupants from it. First American Bank may pursue the foregoing to full and complete
TI

conclusion without further order of this Court.

ER

3. The 14-day stay of Bankruptcy Rule 4001 (a)(3) shall not apply to this Order. This

Order shall be fully in effect on entry.

C

###
A

Submitted By:
T

Allen R. Tomlinson, Esquire

Jones Foster P.A.
O

P.O. Box 3475

West Palm Beach, Florida 33402-3475
N

Telephone: (561) 650-0492

Facsimile: (561) 650-0469
Email: atomlinson@j ones-foster .com

Copy furnished (via ECF in PDF format) to:

Allen R. Tomlinson, Esq.

(Attorney Tomlinson is directed to serve a conformed copy of this Order upon all interested parties and to file a
Certificate of Service with the Court)
 Case 20-22398-MAM Doc 44 Filed 01/05/21 Page 1 of 2

CGFD15 (4/23/16)

ORDERED in the Southern District of Florida on January 5, 2021

PY
O
Mindy A Mora
United States Bankruptcy Judge

C
United States Bankruptcy Court

ED
Southern District of Florida
www .flsb.uscourts.gov
Case Number: 20-22398-MAM
FI
Chapter: 11

In re: (Debtor(s) name(s) used by the debtor(s) in the last 8 years, including married, maiden, and trade)
TI

Stephanie Lynn Schneider

aka Steff Schneider
1199 S Federal Hwy
ER

POB 369
Boca Raton, FL 33432

SSN:
C

ORDER DISMISSING CASE

A

At the time of filing of the above referenced case on November 12, 2020, the debtor was provided
notice by the court of filing requirements and the deadline(s) to correct deficiencies.
T

As of the date of this order, the debtor has failed to correct the following deficiency(ies) by the required
12/08/2020 deadline:
O
N

Official Bankruptcy Form 106Sum, Summary of Your Assets and Liabilities and Certain
Statistical Information
Official Bankruptcy Form 106A/B, Schedule A/B: Property
Official Bankruptcy Form 106C, Schedule C: The Property You Claim as Exempt
Official Bankruptcy Form 106D, Schedule D: Creditors Who Hold Claims Secured by
Property
Official Bankruptcy Form 106E/F, Schedule E/F: Creditors Who Have Unsecured Claims
Official Bankruptcy Form 106G, Schedule G: Executory Contracts and Unexpired Leases
Official Bankruptcy Form 106H, Schedule H: Your Codebtors
Official Bankruptcy Form 1061, Schedule I: Your Income
Official Bankruptcy Form 106J, Schedule J: Your Expenses
and (if applicable) Official Bankruptcy Form 106J2, Schedule J-2: Expenses for Separate
Household of Debtor 2
Official Bankruptcy Form 106Dec, Declaration About an Individual Debtor's Schedules
Official Bankruptcy Form 107, Statement of Financial Affairs for Individuals Filing for
Bankruptcy
Debtor's Payment Advices
Official Bankruptcy Form 122B, Chapter 11 Statement of Your Current Monthly Income
 Case 20-22398-MAM Doc 44 Filed 01/05/21 Page 2 of 2

Debtor's Original Signature

Petition Filing Fee

Because the debtor has failed to meet the deadline(s) above for the listed deficient items, it is

ORDERED that:

1. In accordance with 11 U.S.C. § 105(a), this case is dismissed.

2. All pending motions are denied as moot.

3. (If applicable) the trustee shall file a final report within 14 days of entry of this order.

4. (If applicable) the debtor shall immediately pay to the Clerk, U.S. Court, Flagler Waterview Building,

PY
1515 N Flagler Dr, Room 801, West Palm Beach FL 33401, $858.50 for the balance of the filing fee
as required by Local Rule 1017-2(E). Payment must be made in cash, money order or cashier's or
"official" check. Any funds remaining with the trustee shall be applied to this balance in accordance
with the Bankruptcy Code and Local Rule 1017-2(F), unless otherwise ordered by the court. The

O
court will not entertain a motion for reconsideration of this order unless all unpaid fees are paid at the
time the motion is filed.

C
5. In accordance with Local Rule 1002-1 (B), the clerk of court is directed to refuse to accept for filing
any future voluntary petitions submitted by this debtor if the refiling violates a prior order of the court
or if the petition is accompanied by an Application to Pay Filing Fee in Installments and filing fees

ED
remain due from any previous case filed by the debtor.
###FI
The clerk shall serve a copy of this order on all parties of record.
TI
ER
C
A
T
O
N
Filing# 116199886 E-Filed 11/05/2020 11:32:22 AM

IN THE CIRCUIT COURT OF

THE FIFTEENTH WDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA

CASE NO.: 502016-CA-009292

DIVISION AH

FIRST AMERICAN BANK, as

successor by merger to Bank of

PY
Coral Gables, LLC,

Plaintiff,

O
V.

C
LAURENCE S. SCHNEIDER,

ED
STEPHANIE L. SCHNEIDER, et al.,

Defendants.
________________/
FI
PLAINTIFF'S, FIRST AMERICAN BANK, MOTION TO
TI

ENFORCE ORDER GRANTING ISSUANCE OF WRIT OF POSSESSION

Plaintiff, FIRST AMERICAN BANK ("First American"), by and through its undersigned
ER

counsel, and pursuant to this Court's Order Granting Plaintiffs, First American Bank, Motion for
C

Issuance of Writ of Possession, dated September 4, 2020 [DE 589], hereby submits its Motion to

Enforce Order Granting Issuance of Writ of Possession, and, in support thereof states:
A

1. On September 3, 2020, this Court orally granted First American's Motion for
T

Issuance of Writ of Possession. A written Order was issued on September 4, 2020, which, in part,
O

directed the Clerk "to issue a Writ of Possession and deliver it to the Sheriff for execution on or
N

as soon as practicable after September 30, 2020, ... " [DE 589]. (Emphasis in original.)

2. In the Order, Judge Small denied First American's request that the Writ issue

"forthwith" because of the extraordinary circumstance that the community is dealing with a

pandemic. However, the Judge recollected that Mr. Schneider had advised the Court on August
20th, 2020, that the Defendants were busy making arrangements to find somewhere else to live.

By reason of this representation, and that the final judgment of foreclosure and the sale of the

property had occurred, respectively on October 12, 2018 and August 3, 2020, the Judge determined

that the Schneiders "had substantial" time to quit the property and she "could have entered [the

order] forthwith based on the history here." [Sept. 3, 2020 Hrg. Transcript at 13-14 & 15]. Rather

PY
than availing themselves of Judge Small's leniency and acting to find another place to live as Mr.

Schneider had represented, the Schneiders used the additional time to improvidently remove this

O
case to federal court [DE 602] for the second time. The removal divested this Court of jurisdiction

C
just 7 days before the Writ was to be issued in an effort to not only buy time, but to seek to have

ED
the federal court act as a super appellate court and overturn the rulings made by this Court and the

4th District Court of Appeal over the 4 years this foreclosure action has been litigated.
FI
3. The United States District Court, Southern District of Florida, remanded this matter
TI

to this Court by Order and Letter of the Clerk, both dated November 3, 2020.
ER

4. Accordingly, First American requests that this Court instruct the Clerk to issue the

Writ of Possession as soon as possible and instruct the Sheriff to execute the Writ forthwith. The
C

background and legal grounds for this Motion are further set forth as follows:
A

a. The captioned-lawsuit has been litigated for well over four years, where the
T

Schneiders have not paid anything during this period of time on the note and mortgage, for
O

property taxes, property insurance, or fees/assessments of the homeowners' association, or

N

on the judgments against them as amended or supplemented. 1

1 It is noted that the Schneiders posted a cash supersedeas bond during the first appeal, and, after appeal the Court
directed the Clerk to have the cash bond paid to First American after the Schneiders sought return of the bond and
objected to the payment to First American.

Page 2 of7
b. The Amended Final Judgment of Foreclosure (Supplemental Judgment) scheduled

the foreclosure sale of the residential property located at 17685 Circle Pond Court, Boca

Raton, Florida 33496-1002 ("Property") for April 1, 2020 [DE 384].

c. Due to the outbreak of the Coronavirus Disease 2019 (COVID-19), on March 18,

2020, the scheduled foreclosure sale was cancelled until further order of the Court. See

PY
Administrative Order No.: 12.510-03/2020.3.

d. By Order, dated June 17, 2020, this Court reset the foreclosure sale of the Property

O
for August 3, 2020 [DE 449].

C
e. On August 3, 2020, the foreclosure sale was conducted, First American purchased

ED
the "Property" by credit bid and the Clerk issued a Certificate of Sale [DE 519].

f. No objection to the sale was filed, and, on August 17, 2020, the Clerk issued a
FI
Certificate of Title to First American as the new owner of the Property [DE 525].
TI

g. Despite same, the Property continues to be occupied by Defendants and reportedly

ER

their children (both of whom are age 18 or older), all of whom have failed and/or refused

to quit the Property.

C

h. Greatly exacerbating the circumstances, the Schneiders have filed no less than three
A

Motions for Emergency Injunctive Relief in both this Court and the federal court and use
T

such tactics to effect litigation delays and avoid compliance with this Court's orders.
O

Indeed, the Schneiders filed an Emergency Motion for Temporary Restraining Order
N

and/or Temporary Injunction very early in the morning on September 3, 2020-the day set

for hearing on First American's Motion for Writ of Possession. Judge Small took the time

to review both Motions that morning, before and at the end of her motion calendar, heard

Page 3 of7
argument thereon, and denied the Emergency Motion for Temporary Restraining Order

and/or Temporary Injunction and granted the Motion for Writ of Possession.

1. Now, Defendants employ the same tactic. On remand, the Schneiders immediately

filed in this case an Emergency Motion to Stay Proceedings, dated November 4, 2020. The

only ground stated relates to an Order of the Centers for Disease Control and Prevention

PY
("CDC") entitled Temporary Halt in Residential Evictions to Prevent the Further Spread

of COVID-19, 85 Fed. Reg. 55292 (Sept. 4, 2020) ("CDC Order"). However, the CDC

O
Order does not apply to the issues currently before this Court for three reasons:

C
1. To invoke the protections of the CDC's Order, a "covered person" must provide

ED
an executed copy of the Declaration Form, Attachment A to the Order, or a similar

declaration, under penalty of perjury, to the owner of the residential property where
FI
they live. The Declaration Form attached to the Order provides:
TI

"This declaration is for tenants, lessees, or residents of

residential properties who are covered by the CDC's order
ER

temporarily halting residential evictions (not including

foreclosures on home mortgages) to prevent the further
spread of COVID-19."
C

(Emphasis added.) In other words, the CDC Order does not apply to foreclosure
A

cases.
T

2. The CDC's Order defines a "residential property" to mean "any property

O

leased for residential purposes." First American has not leased the Property to the
N

Schneiders. The relationship between the Schneiders and First American is that

they are trespassers on property owned by First American. Redding v. Stockton,

Whatley, Davin & Co., 488 So.2d 548, 549 (Fla. 5th DCA 1986).

Page 4 of7
 3. The Schneiders (and their children) are not "covered persons" under the

CDC's Order. A "covered person" means "any resident of a residential property

who provides to ... the owner of the residential property, or other person with a

legal right to pursue eviction or a possessory action, a declaration under penalty of

perjury" indicating that the individual: (1) has used best efforts to obtain all

PY
available government assistance for rent or housing; (2) expects to earn no more

than $99,000 in annual income in 2020 (or no more than $198,000 if filing a joint

O
tax return), was not required to report income in 2019, or received an Economic

C
Impact Payment (stimulus check); (3) is unable to pay the full rent or make a full

ED
housing payment due to, among other things, a substantial loss of household

income; (4) is using best efforts to make timely partial payments; and (5) will be
FI
rendered homeless or force the individual to move into and live in close quarters in
TI

a new congregate or shared living setting because the individual has no other
ER

available housing options. Neither the Schneiders nor their children have provided

First American with a declaration, nor do they meet the requirements which such
C

declaration must contain.

A

Simply stated, the CDC Order provides no basis for relief for the Schneiders because the
T

Order does not apply in foreclosure actions, they are not tenants under lease of the property
O

they occupy, and they are not covered persons.

N

J. In the Order dated September 4, 2020, referred to in paragraphs 1 and 2 above, this

Court further directed that: "[t]he Writ of Possession shall specify that the Sheriff shall

remove all persons from the property in Palm Beach County, Florida described as: 'Lot 37

of the Fox Hill Estates of Boca Raton, according to the Plat thereof, as recorded in Plat

Page 5 of7
 Book 87, Page 4, of the Public Records of Palm Beach County, Florida.,' commonly known

as 17685 Circle Pond Court, Boca Raton, Florida 33496-1002 ("Property"), and to put First

American Bank in possession of said Property." [DE 589]. (Emphasis in original.)

k. Based on the record in this case, including Defendant's statements during the

August 20, 2020 hearing, the Property is not occupied by a bona fide tenant.

PY
1. First American requires a Writ of Possession to be executed by the Palm Beach

County's Sheriffs Office soonest so that First American may peaceably and without

O
further delay be let into possession of the Property before the Schneiders concoct and

C
implement yet another scheme to delay or avoid the Order of this Court dated September

ED
4, 2020 directing the Clerk to issue and the Sheriff to execute the Writ of Possession.

WHEREFORE, Plaintiff, FIRST AMERICAN BANK, respectfully requests that this Court
FI
enter an Order directing the Palm Beach County's Clerk to issue and the Sheriffs Office to execute
TI

said Writ of Possession.

ER

Respectfully submitted,

KELLER & MESA, LLP

C

Attorneys for Plaintiff

121 Majorca Avenue, #200
Coral Gables, FL 33134
A

Telephone: (305) 529-8500

Telefax: (305) 529-0228
T

Email: jkeller@kellermesa.com
O

By:_~sl~.li~o~h=n~W~-~~el~le~r~l='l~I_ __
John W. Keller, III
N

Florida Bar No. 229989

Page 6 of7
 CERTIFICATE OF SERVICE

WE HEREBY CERTIFY that a true and correct copy of the foregoing, Plaintiffs, First

American Bank, Motion to Enforce Order Granting Issuance of Writ of Possession, was delivered

to: LAURENCE S. SCHNEIDER (larry@sacapitalpartners.com I

jordyn.schneider1998@gmail.com), 17685 Circle Pond Court, Boca Raton, FL 33496;

PY
STEPHANIE L. SCHNEIDER (steffschneider 13@gmail.com I

jordyn.schneider1998@gmail.com), 17685 Circle Pond Court, Boca Raton, FL 33496;

O
ALEKSANDRA NOVAKOVICH GONZALEZ, ESQ. (foreclosures@ssclawfirm.com), Sachs,

C
Sax, Caplan, Attorneys for Oaks at Boca Raton, 6111 Broken Sound Parkway, N.W., #200, Boca

ED
Raton, FL 33487; and GEOFFREY M. CAREN, ESQ.(geoff@cahenlaw.com), Cahen Law, P.A.,

1900 Glades Road, Suite 270, Boca Raton, FL 33431 via the E-filing Portal on this 5th day of
FI
November, 2020.
TI

KELLER & MESA, LLP

ER

By: s/ John W Keller. III

John W. Keller, III
C
A
T
O
N

Page 7 of7
Filing# 119149391 E-Filed 01/06/2021 12:45:39 PM

IN THE CIRCUIT COURT OF

THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA

CASE NO.: 502016-CA-009292

DIVISION AH

FIRST AMERICAN BANK, as

successor by merger to Bank of
Coral Gables, LLC,

PY
Plaintiff,

O
V.

C
LAURENCE S. SCHNEIDER,
STEPHANIE L. SCHNEIDER, et al.,

ED
Defendants.
__________ /
FI
NOTICE OF HEARING
Uniform Motion Calendar
TI

TO: All Addressees Listed Below

ER

YOU ARE HEREBY NOTIFIED that the undersigned will call up for

hearing, before the Honorable Samantha Schosberg Feuer, one of the Judges of
C

the above-styled Court, via Zoom, at the Palm Beach County Courthouse, 205
A

North Dixie Highway West Palm Beach, FL 33401 on Wednesday, January 20,
T

2021 at 8:30 o'clock a.m., or as soon thereafter as same can be heard,

O

Motion to Restore Case to Active Status

N

and Notice of Filing Bankruptcy Court's Orders

of Relief from Automatic Stay and Dismissal
(bearing a Certificate of Service dated January 6, 2021)

and

Plaintiff's, First American Bank,

Motion to Enforce Order Granting Issuance of Writ of Possession
(bearing a Certificate of Service dated November 5, 2020)
 Join Zoom Meeting

https: //us02web.zoom.us/i /98424371033?pwd=bVJOZ3pCSzZROlU4Z

XU 1YjM5ODZmOT09

Meeting ID: 98424371033

Password: 33470679

Dial-in Information

PY
+ 1 8884 754499 US Toll-Free

O
+ 1 8778535257 US Toll-Free

C
The undersigned certifies that a bona fide effort to agree to or narrow the

ED
issues has been made or will be made prior to the hearing in this cause and
that the scheduling of this hearing time has been coordinated with counsel for
the Defendants.
FI
PLEASE GOVERN YOURSELF ACCORDINGLY.
TI

Respectfully submitted,
ER

KELLER & MESA, LLP

Attorneys for Plaintiff
121 Majorca Avenue, #200
C

Coral Gables, FL 33134

Telephone: (305) 529-8500
A

Telefax: (305) 529-0228

Email: jkeller@kellermesa.com
T

By: __s~/_J,_o_h_n_W_.Ki_e_lle_r~,_II_I_ _ __
O

John W. Keller, III

Florida Bar No. 229989
N

Page 2 of 4
 CERTIFICATE OF SERVICE

WE HEREBY CERTIFY that a true and correct copy of the foregoing,

Notice of Hearing, was delivered to: LAURENCE S. SCHNEIDER

(larry@sacapitalpartners.com / jordyn.schneiderl 998@gmail.com), 17685

Circle Pond Court, Boca Raton, FL 33496; STEPHANIE L. SCHNEIDER

PY
(steffschneiderl3@gmail.com / jordyn.schneiderl 998@gmail.com), 17685

Circle Pond Court, Boca Raton, FL 33496; ALEKSANDRA NOVAKOVICH

O
GONZALEZ, ESQ. (foreclosures@ssclawfirm.com), Sachs, Sax, Caplan,

C
Attorneys for Oaks at Boca Raton, 6111 Broken Sound Parkway, N.W., #200,

ED
Boca Raton, FL 33487; and FIGEOFFREY M. CAHEN, ESQ.

(geoff@cahenlaw.com), Cahen Law, P.A., 1900 Glades Road, Suite 270, Boca

Raton, FL 33431 via the E-filing Portal on this 6th day of January, 2021.
TI

KELLER & MESA, LLP

ER

By: __s...../_J,_o_h_n_W_. Ki_e_lle_r__,_,_II_I_ _ __

John W. Keller, III
C
A
T
O
N

Page 3 of 4
This notice is provided pursuant to Administrative Order No. 2.207-9 / 12

"If you are a person with a disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost to you,
to the provision of certain assistance. Please contact Tammy Anton,
Americans with Disabilities Act Coordinator, Palm Beach County
Courthouse, 205 North Dixie Highway West Palm Beach, Florida 33401;
telephone number (561) 355-4380 at least 7 days before your scheduled
court appearance, or immediately upon receiving this notification if the
time before the scheduled appearance is less than 7 days; if you are

PY
hearing or voice impaired, call 711."

"Si usted es una persona minusvalida que necesita alg(m

O
acomodamiento para poder participar en este procedimiento, usted tiene
derecho, sin tener gastos propios, a que se le provea cierta ayuda.

C
Tenga la amabilidad de ponerse en contacto con Tammy Anton, 205 N.
Dixie Highway, West Palm Beach, Florida 33401; telefono numero (561)

ED
355-4380, por lo menos 7 dias antes de la cita fijada para su
comparecencia en los tribunales, o inmediatamente despues de recibir
esta notificaci6n si el tiempo antes de la comparecencia que se ha
FI
programado es menos de 7 dias; si usted tiene discapacitaci6n del oido o
de la voz, Harne al 711."
TI

"Si ou se yon moun ki enfim ki bezwen akomodasyon pou w ka patisipe

nan pwosedi sa, ou kalifye san ou pa gen okenn lajan pou w peye, gen
ER

pwovizyon pou jwen kek ed. Tanpri kontakte Tammy Anton, k66donate
pwogram Lwa pou ameriken ki Enfim yo nan Tribinal Konte Palm Beach
la ki nan 205 North Dixie Highway, West Palm Beach, Florida 33401;
telefon li se (561) 355-4380 nan 7 jou anvan dat ou gen randevou pou
C

paret nan tribinal la, oubyen imedyatman apre ou fin resevwa

konvokasyon an si le ou gen pou w paret nan tribinal la mwens ke 7 jou;
A

si ou gen pwoblem pou w tande oubyen pale, rele 711."

T
O
N

Page 4 of 4