Market Tampa Investments, LLC v Deutsche Bank National Trust Company

Filing 57

ORDERED: Defendant's Amended Unopposed Motion for Clarification of Judgment (Doc. 42) (Doc. 56) is GRANTED as explained above. The default judgments recorded in Desoto County, Florida as Instruments #202014006289 and #202014007332 are VOID, INVALID, and of NO FORCE OR EFFECT. Signed by Judge Sheri Polster Chappell on 9/9/2021. (AEH)

Case 2:21-cv-00037-SPC-NPM Document 57 Filed 09/09/21 Page 1 of 3 PageID 1194

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
MARKET TAMPA
INVESTMENTS, LLC,
Plaintiff,
v.

Case No: 2:21-cv-37-SPC-NPM

DEUTSCHE BANK NATIONAL
TRUST COMPANY, AS
TRUSTEE FOR NOVASTAR
MORTGAGE FUNDING
TRUST, SERIES 2007-1
NOVASTAR HOME EQUITY
LOAN ASSET-BACKED
CERTIFICATES, SERIES 20071,
Defendant.
/
ORDER1
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

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Case 2:21-cv-00037-SPC-NPM Document 57 Filed 09/09/21 Page 2 of 3 PageID 1195

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

INVALID, and of NO FORCE OR EFFECT.

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are

VOID,

Case 2:21-cv-00037-SPC-NPM Document 57 Filed 09/09/21 Page 3 of 3 PageID 1196

DONE and ORDERED in Fort Myers, Florida on September 9, 2021.

Copies: All Parties of Record

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