Mkt. Tampa Invs. v. Deutsche Bank Nat'l Tr. Co.

Full title: MARKET TAMPA INVESTMENTS, LLC, Plaintiff, v. DEUTSCHE BANK NATIONAL TRUST…

Court: United States District Court, Middle District of Florida

Date published: Sep 9, 2021

2:21-cv-37-SPC-NPM (M.D. Fla. Sep. 9, 2021)

Opinion

2:21-cv-37-SPC-NPM

09-09-2021

MARKET TAMPA INVESTMENTS, LLC, Plaintiff, v. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2007-1 NOVASTAR HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-1, Defendant.

SHERI POLSTER CHAPPELL UNITED STATES DISTRICT JUDGE.

ORDER ¹

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SHERI POLSTER CHAPPELL UNITED STATES DISTRICT JUDGE.

Before the Court is Defendant's Unopposed Motion for Clarification. (Doc. 56). Defendant wants the Court to clarify either its judgment (Doc. 42) or Order quashing service (Doc. 30). This is necessary, says Defendant, so this Order can be recorded in public records to reflect that two judgments are void. The Court grants the Motion and will clarify its March 1, 2021, Order-which quashed Plaintiff's purported service in state court and rendered the default judgments there void. (Doc. 30 at 11 (“Service is QUASHED and the default entered against [Defendant] in state court is VACATED.”)). Given the parties' agreement, the Court will use their requested language:

Pursuant to the Order dated March 1, 2021, quashing service of process on Defendant, the Final Judgment After Default in the amount of $699, 528.00 recorded as Instrument #202014006289 and the Amended Final Judgment After Default in the amount of $702, 263.00 recorded as Instrument #202014007332 in the Official Records of Desoto County, Florida are VOID, INVALID and of NO FORCE AND EFFECT.

(Doc. 56 at 4-5).

Accordingly, it is now

ORDERED:

1. Defendant's Amended Unopposed Motion for Clarification of Judgment (Doc. 42) (Doc. 56) is GRANTED as explained above.

2. The default judgments recorded in Desoto County, Florida as Instruments #202014006289 and #202014007332 are VOID, INVALID, and of NO FORCE OR EFFECT.

DONE and ORDERED.