IN THE CIRCUIT COURT OF THE 17th JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA AURORA LOAN SERVICES,

LLC, Plaintiff, vs. LUIS CALVO, et al., Defendant(s) ______________/ CASE NO.: CACE 08 028200

EMERGENCY MOTION TO CANCEL SALE AND ENTER SANCTIONS COMES NOW, Defendants, LUIS CALVO and NICOLETA CALVO (Calvos or Defendants), by and through FARROW LAW, P.A. (Firm), filing this Emergency Motion to Cancel Sale and enter sanctions. In support of this Motion Mr. & Mrs. Calvo state: 1. 2. A foreclosure sale is scheduled on April 17, 2012. A previous sale was scheduled on February 16, 2012. This Court rescheduled that

sale because Plaintiff was reviewing the Calvos file for a settlement agreement through a loan modification. At that point, Plaintiff had not denied the Calvos a loan modification. 3. At this point, the Calvos have still not received a denial of their loan modification.

Attempts to reach the Calvos loan modification representative in Plaintiffs loss mitigation department have resulted in unreturned phone calls after messages have been left on the representatives answering machine. 4. Calls to Plaintiffs counsel reveal the same problem that was discussed in the Namely, Plaintiffs counsel seems to be under

Calvos previous Objection to the Sale.

instructions to proceed with the sale because they have not been told by Plaintiff that a potential settlement agreement is underway through a loan modification. Plaintiffs counsels pleas of

ignorance hold no weight because the Calvos previous Objection to Sale demonstrated to Plaintiffs counsel that Plaintiff was reviewing the Calvos file for a loan modification and that they had not received a denial of that loan modification. Further, the Court likely found that the evidence demonstrated that the Calvos were under review for a loan modification when it decided to postpone the sale date sixty days. 5. Despite the fact that the Calvos are currently under review by Plaintiff, and

despite Plaintiffs counsels actual knowledge of such, Plaintiffs counsel continues to pursue a sale of the Calvos property. 6. Attempts by the undersigneds office has resulted in ten hours or more in work to

postpone the sale. Such work has included phone calls to Plaintiffs counsel, phone calls to Plaintiffs loss mitigation representative Tomeka, pleas to both opposing counsel and Tomeka to get the proper departments of Plaintiff to speak to each other so that Plaintiffs counsel will hear from Plaintiff that the sale should be canceled because the Calvos are being reviewed for a loan modification. Such attempts have proved fruitless. 7. Due to the excessive burden on Defendants counsel associated with attempts to

get Plaintiff and Plaintiffs counsel to do what is their responsibilityto cancel or postpone the salethe Calvos ask this court to cancel the sale. 8. A cancellation of the sale will provide Plaintiff and the Calvos an opportunity to

reach a settlement agreement through a loan modification. It will also avoid further strain on this Courts resources because further hearings or emergency hearings to postpone the sale during the loan modification workout will no longer be necessary. If the settlement negotiations between the Calvos and Plaintiff prove to be unfruitful, Plaintiff can file a subsequent motion to reset the sale date. Further, cancelling the sale will avoid further straining the undersigneds office

through unfruitful attempts to get Plaintiff and Plaintiffs counsel to reschedule the sale date during the pendency of the loan modification workout process. Last, cancelling the sale will allow Plaintiffs counsel to focus on work other that receiving calls and talking to the undersigneds office when it attempts to get the sale rescheduled. 9. Defendant incorporates its previous Emergency Motion to Cancel the sale

(Exhibit C) and the Courts February 15, 2012 order (Exhibit B) as evidence of the facts stated above. Attached to this motion is also an email from the non-profit group that has been That email reflects the

negotiating with Plaintiff on the behalf of Plaintiff (Exhibit A).

undersigneds and his offices experience with Plaintiffs loss mitigation department. Namely, you get a message machine and dont receive a response from the loan modification representative. 10. Because Plaintiff and Plaintiffs counsel has essentially wasted 10 hours of time

from the undersigneds office in trying to get Plaintiff to postpone the sale in order to give the settlement agreement a chance, it is appropriate to enter sanctions against Plaintiff and Plaintiffs counsel pursuant to 57.105. Further, the time spent preparing and filing this motion should also be entered as sanctions pursuant to 57.105. Sanctions are appropriate because Plaintiff and Plaintiffs counsel have actual knowledge of that the Clavos are being reviewed for a settlement agreement through a loan modification, but continue to pursue a sale nonetheless. Further, Plaintiff should have reset the sale on its own accord but did not. Therefore, this motion and hearing before the court should find that the failure of Plaintiff and Plaintiffs counsel to appropriately postpone the sale and thereby making a hearing to cancel the sale necessary, has wasted this courts time. Plaintiffs waste of judicial resources warrants further sanctions in addition to the time it has wasted for the Calvos counsel.

WHEREFORE, Defendants, Luis and Nicoleta Calvo, respectfully request this Court to cancel the April 16 sale, and enter sanctions against Plaintiff and Plaintiffs counsel.

CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing motion has been furnished via facsimile at (954) 771-6052 and U.S. First Class Mail to: Tammi Calderone, Esquire, Law Offices of Marshall C. Watson, 1800 NW 49th Street, Suite 120, Ft. Lauderdale, Florida 33309 on this 10th day of March 2012.

Respectfully submitted, FARROW LAW, P.A. Attorneys for Defendant 4801 S. University Drive, Suite 265 Davie, Florida 33328 Telephone: (954) 252-9818 Facsimile: (954) 252-9821

By: ____________________________ JAY L. FARROW, ESQUIRE Florida Bar Number. 625213