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LYON v. SANFORD

No. 1D03-4621.

911 So.2d 806 (2005)

Ann LYON, as guardian of Katherine A. Lyon, Appellant, v. Keith SANFORD, the Bank of New York, as Trustee Pursuant to the Terms of that Certain Pooling and Servicing Agreement Dated as of August 1, 1999, Related to Metropolitan Asset Funding, Inc. II, Mortgage Pass-Through Certificates, Series 1999-B, United States of America, City of Jacksonville, Florida, Equicredit Corporation Of America, Suddath Van Lines, Inc., d/b/a Suddath Relocation Systems, Inc., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied May 2, 2005.

Attorney(s) appearing for the Case

Calvin E. Hayden and W. David Vaughn of Hayden, Facciolo & Vaughn, P.A., Jacksonville, for Appellant.

Sidney E. Lewis and Lawrence J. Bernard of Lewis & Bernard, P.A., Jacksonville for Appellee Keith Sanford.

Roy A. Diaz and Marian Kennady of Smith Hiatt & Diaz, P.A., Fort Lauderdale; and Raymond A. Piccin of Vargas, Zion & Kahane, P.A., Hollywood, for Appellee The Bank of New York.

Steven A. Nisbet, Assistant U.S. Attorney, Tampa, and Bruce D. Page, Assistant General Counsel, Jacksonville, for Appellee United States of America.

Echevarria and Associates, P.A., Tampa, for Appellee Equicredit Corporation of America.

Christopher D. Ritchie of Boyd & Jenerette, P.A., Jacksonville, for Appellee Suddath Van Lines, Inc. d/b/a Suddath Relocation Systems, Inc.

BENTON, J.

After she failed to make mortgage payments, and ignored the correspondence and legal papers that resulted, a foreclosure judgment was entered against Katherine A. Lyon, her house was sold at auction to satisfy the judgment, and the new owner sought and obtained a writ of possession. Katherine's lawyer then filed an emergency motion for stay of writ of possession and an emergency motion to vacate sale and set aside final judgment. After a hearing, these...

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