PITTMAN v. FIRST APPROVAL MORTGAGE et al

Filing 3

ORDER denying as moot 2 Motion for TRO . Signed by Judge MAURICE M PAUL. (deb, Gainesville)

PITTMAN v. FIRST APPROVAL MORTGAGE et al

Doc. 3

Case 1:06-cv-00126-MP-AK

Document 3

Filed 06/22/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION SHARON K PITTMAN, Plaintiff, v. A&A TITLE INSURANCE AGENCY INC, PAUL T AKINS, JR, SHEREE AKINS, AMERICA'S SERVICING COMPANY, BUYERS CHOICE HOME REPO CENTER INC, JEFF CLAYTON, FIRST APPROVAL MORTGAGE, PAM HOVELAND, DOROTHY L JOSEPH, TRANSLAND FINANCIAL SERVICES, WASHINGTON MUTUAL, Defendants. ___________________________/ ORDER This matter is before the Court on Doc. 2, Motion for Temporary Restraining Order, filed by Sharon K Pittman at 5:13 p.m. on June 20, 2006. In the motion, Ms. Pittman seeks to enjoin "the sheriff's foreclosure sale scheduled for Friday; June 23, 2006 on the steps of the Alachua County Courthouse" [semicolon in original.] Doc. 2. pp. 1-2. The Motion for Temporary Restraining Order does not state which property is involved in the sale, but the Complaint, Doc. 1, indicates that the property is 9223 SW 89th Place in Gainesville, Florida. See, e.g., Doc. 1, pp. 4 & 7. Also, the Complaint indicates that the state court foreclosure proceeding was in case number 01-05-CA-1512. Doc. 1, p. 9. In fact, attachment 16 to Doc. 1 contains a copy of the state court foreclosure complaint. Attached to the complaint (at page 15) is the Mortgage being foreclosed. It lists the property address as 9223 SW 89th Place. Attch. 16 to Doc. 1, p. 16. CASE NO. 1:06-cv-00126-MP-AK

Dockets.Justia.com

Case 1:06-cv-00126-MP-AK

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Filed 06/22/2006

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Thus, according to Ms. Pittman's representations, the property at 9223 SW 89th Pl, Gainesville, FL was set to be sold at a foreclosure sale on Friday, June 23, 2006. She filed the motion for temporary restraining order to prevent that sale. The Court reviewed the computerized docket sheet in Eight Judicial Circuit Court case 01-050CA-1512 at around 1:15 p.m. on June 22, 2006. That review revealed that on May 24, 2006, a foreclosure sale of the property was noticed for June 22, 2006 - a day earlier than what Ms. Pittman had put in her motion. The notice was published in the Alachua County Record newspaper. When the Court checked with the state court clerk, the Court obtained the attached Certificate of Sale. In short, the property at 9223 SW 89th Pl has already been sold at foreclosure. Accordingly, Ms. Pittman's motion for temporary restraining order is moot and is hereby denied. DONE AND ORDERED this 22nd day of June, 2006

s/Maurice M. Paul
Maurice M. Paul, Senior District Judge

Case No: 1:06-cv-00126-MP-AK

Case 1:06-cv-00126-MP-AK

Document 3

Filed 06/22/2006

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