16-43733B2

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

FORT LAUDERDALE DIVISION

IN RE: 

CASE NO.: 21-15049-PDR

ALTAGRACIA TAVAREZ

CHAPTER: 7

Debtor(s).

/

SECURED CREDITOR’S OBJECTION TO DEBTOR’S 

EMERGENCY MOTION TO CONTINUE THE AUTOMATIC STAY

SECURED CREDITOR, U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, 

ON BEHALF OF THE HOLDERS OF THE CREDIT SUISSE FIRST BOSTON MORTGAGE 

SECURITIES CORP., HOME EQUITY PASS THROUGH CERTIFICATES, SERIES 2007-1

(hereinafter referred to as “Secured Creditor”), and serviced by Select Portfolio Servicing, Inc., 

by and through its undersigned counsel, hereby files this, its Objection to Debtor’s Motion To 

Continue the Automatic Stay [DE11], and states as follows:

1. On June 14, 2021, Debtor filed an Emergency Motion to Continue the Automatic Stay 

[DE11], specifically to allow her time to refinance/payoff/sell her surrendered property of

7825 Alhambra Blvd, Miramar, FL 33023.

2. A Final Judgment of Foreclosure was entered in circuit court in favor of Secured Creditor

against Debtor on March 28, 2016 in the amount of $318,507.60 with regard to the 

subject property. A copy of the Final Judgment and online docket is attached as Exhibit 

A.

3. Debtor has filed 4 separate bankruptcy petitions since the entry of the above judgment:

a. Case Number 16-16346: Chapter 13 filed on 05/02/2016 was Dismissed on 

06/27/2016;

Case 21-15049-PDR Doc 14 Filed 06/15/21 Page 1 of 18
16-43733B2

b. Case Number 16-21594: Chapter 13 filed on 08/23/2016 Dismissed on 

04/05/2017;

c. Case Number 18-21587: Chapter 13 filed on 09/20/2018 was Dismissed on 

01/25/2021;

d. Case Number 21-15049 (current case): Chapter 7 filed on 05/25/2021.

4. Each of the above bankruptcy petitions were filed a few days prior to the foreclosure sale 

of the pending foreclosure action.

5. The automatic stay is set to expire June 24, 2021.

6. As of June 2, 2021, an approximate payoff of the loan is $329,208.91. A copy of the 

servicer screen print is attached as Exhibit “B.” 

7. Debtor values the subject property in Schedule A [DE1 PG11] at $250,740.00. As such, 

due to the Secured Creditor’s lien, there is no equity for the benefit of unsecured 

creditors.

8. Therefore, this Motion does appear to be an effort to the delay and/or frustrate Secured 

Creditor’s rights to proceed with the foreclosure and objects to the Motion.

WHEREFORE, SECURED CREDITOR, U.S. BANK NATIONAL ASSOCIATION, AS 

TRUSTEE, ON BEHALF OF THE HOLDERS OF THE CREDIT SUISSE FIRST BOSTON 

MORTGAGE SECURITIES CORP., HOME EQUITY PASS THROUGH CERTIFICATES, 

SERIES 2007-1SERVICED BY SELECT PORTFOLIO SERVICING, INC., prays that this 

Court deny Debtor’s Motion to Extend the Automatic Stay, enter an Order confirming to the 

State Court that no stay was in effect since the previous Dismissal date of case 16-bk-05759, that 

the sale was not subject to these bankruptcy proceedings and to issue the Certificate of Title 

forthwith, and for such other and further relief as the Court deems proper.

Case 21-15049-PDR Doc 14 Filed 06/15/21 Page 2 of 18
16-43733B2

I HEREBY CERTIFY that a true and correct copy of the foregoing was provided via 

electronic and/or Regular U.S. Mail to the parties listed on the attached service list,

this 15 day of June , 2021.

I HEREBY CERTIFY that I am admitted to the Bar of the United States District Court 

for the SOUTHERN District of Florida, and I am in compliance with the additional

qualifications to practice in this Court set forth in the Local Rules.

POPKIN & ROSALER, P.A.

Attorney for Secured Creditor

1701 West Hillsboro Boulevard, Ste 400

Deerfield Beach, FL 33442

Telephone: (954) 360-9030

Facsimile: (954) 420-5187

bankruptcy@popkinrosaler.com

By: /s/ Corey M. Ohayon

□ BRIAN L. ROSALER

Florida Bar No.: 093459

■ COREY M. OHAYON

Florida Bar: 0051323

SERVICE LIST

Altagracia Tavarez 

7825 Alhambra Boulevard 

Miramar, Fl 33023-5821 

Robert Sanchez, Esq 

355 W 49 St. 

Hialeah, Fl 33012 

Trustee

Kenneth A Welt 

4581 Weston Road Suite 355 

Weston, Fl 33331

U.S. Trustee

Office Of The Us Trustee 

51 S.W. 1st Ave., Suite 1204 

Miami, Fl 33130 

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Party(ies)

Case Detail - Public Print  

U.S. Bank National Association Plaintiff vs. Altagracia Tavarez, et al Defendant

Broward County Case Number: CACE15016823

State Reporting Number: 062015CA016823AXXXCE

Court Type: Civil

Case Type: Real Prop Homestead Res Fore =/>$250,000

Incident Date: N/A

Filing Date: 09/22/2015

Court Location: Central Courthouse

Case Status: Reclosed Case

Magistrate Id / Name: N/A

Judge ID / Name: 11 Gundersen, Andrea Ruth

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Party

Type Party Name



Address



Attorneys

/ Address 

Denotes

Lead

Attorney

Defendant Tavarez, Altagracia

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Total: 1

Total: 89

Disposition(s)

Event(s) & Document(s)

Party

Type Party Name



Address



Attorneys

/ Address 

Denotes

Lead

Attorney

Defendant CACH, LLC

Plaintiff U.S. Bank National Association

Trustee

 on Behalf of the Holders of the Credit Suisse First Boston

Mortgage Securities Corp, Home Equity Pass Through

Certificates, Series 2007-1

Osborne,

David B

Retained

 Bar ID:

70182

GROELLE

&

SALMON.

P.A

 7650 W.

Courtney

Campbell

Cswy.

 Ste 800

 Tampa,

FL 33607

Status:

Active

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Date Statistical Closure(s)

03/28/2016 Disposed by Non-Jury Trial

Date Disposition(s) View Page(s)

03/28/2016 Final Judgment of Foreclosure

 Vol./Book 0 , Page 0, 4 pages

 Instrument Number 113600843

 4

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Case 21-15049-PDR Doc 14 Filed 06/15/21 Page 9 of 18
Date Description Description Additional T Additional Text View Pages

05/25/2021 Suggestion of Bankruptcy Case Number 21-15049-

PDR

Party: Defendant

Tavarez, Altagracia 

1

04/16/2021 Proof of Publication NOTICE OF SALE

06/01/21 10:00 AM

4

04/13/2021 Notice of Filing 6

03/31/2021 Notice of Sale - Issued by Attorney 1 day of June, 2021 3

03/29/2021 Ord Setting/Resetting Foreclosure Sale 2

03/22/2021 Notice of Hearing 14

02/23/2021 Motion to Reschedule Foreclosure Sale

Party: Plaintiff U S Bank

National Assn 

10

09/26/2018 Suggestion of Bankruptcy case number 18-21587-

JKO

Party: Defendant

Tavarez, Altagracia 

1

09/17/2018 Order Rescheduling Foreclosure Sale RESET TO 10/23/18

Party: Plaintiff U S Bank

National Assn 

1

08/07/2018 Notice of Service 3

08/07/2018 Cross Notice on September 17, 2018

at 1:30 pm RM 14160

4

08/01/2018 Order Setting Case Management Conference 09-17-2018 2

08/01/2018 Order Setting Case Management Conference 09/17/18 at 01:30 pm

14160

1

07/09/2018 Notice of Service 4

06/05/2018 Order Setting Case Management Conference 08-01-2018 2

06/05/2018 Order Setting Case Management Conference 1

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Case 21-15049-PDR Doc 14 Filed 06/15/21 Page 10 of 18
Date Description Additional Text View Pages

05/14/2018 Notice of Service OF ORDER OF CASE

MANAGEMEBNT

CONFERENCE

Party: Plaintiff U S Bank

National Assn 

4

04/11/2018 Order Setting Case Management Conference 06-05-2018 2

04/11/2018 Order Setting Case Management Conference rm 14160 06-05-2018

8:45 AM

1

03/05/2018 Notice of Service 3

02/12/2018 Order Setting Case Management Conference 04-11-2018 2

02/12/2018 Order Setting Case Management Conference 04-11-2018 @ 8:45 AM

RM 14160

1

01/26/2018 Notice of Service 3

12/01/2017 Order Setting Case Management Conference 02-12-2018 2

12/01/2017 Order Setting Case Management Conference 1

11/21/2017 Order Denying Motion TO STAY CASE AND

SETTING CASE

STATUS CONFERENCE

2

11/13/2017 Notice of Hearing 3

11/01/2017 Motion to Stay PLAINTIFF'S MOTION

TO STAY CASE

3

04/18/2017 Re-open Fee Payor: ANDREA

KATHRYN ALLES ;

Userid: CTS-fg/t ;

Receipt:

20171FA1A051750; 

;

Amount: $50.00

04/17/2017 Motion to Reset Sale Date

Party: Plaintiff U S Bank

National Assn 

5

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Case 21-15049-PDR Doc 14 Filed 06/15/21 Page 11 of 18
Date Description Additional Text View Pages

04/17/2017 Notice of Filing ORDER DENYING

CONFIRMATION AND

DlSMISSING CHAPTER

13 CASE

Party: Plaintiff U S Bank

National Assn 

4

08/24/2016 Foreclosure Sale Fee Payor: Brandee Williams

; Userid: CTS- ; Receipt:

20161RA1A009506; 

;

Amount: $70.00

08/23/2016 Suggestion of Bankruptcy Case No.: 16-21594-JKO

Party: Defendant

Tavarez, Altagracia 

1

08/23/2016 Notice of Filing OF THE ORDER

DISMISSING CASE FOR

FAILURE TO MAKE

PRE- CONFIRMATION

PLAN PAYMENTS AND

FOR FAILURE TO 

PPEAR AT THE

SECTION 341 MEETING

OF CREDITORS

Party: Plaintiff U S Bank

National Assn 

4

08/22/2016 Notice of Filing THE UNITED STATES

BANKRUPTCY

COURT'S ORDER

DISMISSING CASE FOR

FAILURE TO MAKE

PRE-CONFIRMATION

PLAN

PAYMENTS AND FOR

FAILURE TO APPEAR

AT THE SECTION 341

MEETING OF

CREDITORS

4

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Case 21-15049-PDR Doc 14 Filed 06/15/21 Page 12 of 18
Date Description Additional Text View Pages

08/22/2016 Notice of Filing OF THE ORDER

DISMISSING CASE FOR

FAILURE TO MAKE

PRE- CONFIRMATION

PLAN PAYMENTS AND

FOR FAILURE TO 

PPEAR AT THE

SECTION 341

MEET1NG OF

CRED1TORS

Party: Plaintiff U S Bank

National Assn 

4

08/12/2016 Proof of Publication 2

07/29/2016 Notice of Sale - Issued by Attorney 2

07/06/2016 Order Vacating Sale 2

06/07/2016 Suggestion of Bankruptcy 16-16346-JKO

Party: Defendant

Tavarez, Altagracia 

1

06/07/2016 Motion to Vacate SALE, CERTIFICATE OF

SALE & CERTIFICATE

OF TITLE

Party: Defendant

Tavarez, Altagracia 

1

05/17/2016 Certificate of Title 2

05/11/2016 Comment: Originial loan documents

placed in file

05/04/2016 Certificate of Sale 1

05/04/2016 Bid Sheet 2

04/26/2016 Notice of Sale - Issued by Attorney sale date of 3rd day of

May, 2016

2

04/22/2016 Foreclosure Sale Fee Payor: Brandee Williams

; Userid: CTS- ; Receipt:

20161RA1A005148; 

;

Amount: $70.00

04/22/2016 Proof of Publication 5/03/16 SALE 2

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Case 21-15049-PDR Doc 14 Filed 06/15/21 Page 13 of 18
Date Description Additional Text View Pages

03/30/2016 Notice of Sale to be Issued by Attorney

03/28/2016 Final Disposition Form Disposed by Non?Jury

Trial

1

03/28/2016 Not of Filing Original Note & Mortgage 71

03/28/2016 Witness & Exhibit List AMENDED

Party: Plaintiff U S Bank

National Assn 

4

03/28/2016 Witness & Exhibit List AMENDED

Party: Plaintiff U S Bank

National Assn 

4

01/21/2016 Notice of Intent LIST OF EVIDENCE

AND NOTICE OF

INTENT TO OFFER AT

TRIAL

Party: Plaintiff U S Bank

National Assn 

2

01/19/2016 Notice of Filing OF AFFIDAVIT AS TO

NON-MILITARY

SERVICE

Party: Plaintiff U S Bank

National Assn 

5

01/06/2016 Non-Military Affidavit 4

01/05/2016 Notice of Service OF ORDER SETTING

NON-JRUY

FORECLOSURE TRIAL

AND PRETRIAL

PROCEDURES

Party: Plaintiff U S Bank

National Assn 

4

01/04/2016 Ord Setting Non-Jury Trial AND PRETRIAL

PROCEDURES/ 3/28/16

AT 9:00AM RM 518

2

01/04/2016 Order of Referral to General Magistrate & SCHEDULING

ORDER/ 3/28/16 at

9:00am rm 517

3

12/31/2015 Order of Referral to General Magistrate GM Lisa D Eiss 3

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Case 21-15049-PDR Doc 14 Filed 06/15/21 Page 14 of 18
Date Description Additional Text View Pages

12/28/2015 Order Setting NON-JURY

FORECLOSURE TRIAL

AND PRETRIAL

PROCEDURES 09:00

AM on Monday, March

28, 2016 RM 518

2

12/28/2015 Case Management Conference Order The Case is Reset

03/28/2016 9:00am

1

12/03/2015 Notice of Service OF ORDER SETTING

CASE MANAGEMENT

CONFERENCE

Party: Plaintiff U S Bank

National Assn 

3

11/20/2015 Notice of Non Jury Trial 2

11/09/2015 Notice of Dropping Parties- Generic Unknown Party #1,

Unknown Party #2,

Unknown Party #3, and

Unknown Party #4,

Party: Plaintiff U S Bank

National Assn 

2

11/09/2015 Non-Military Affidavit 3

11/09/2015 Default AGAINST

Party: Defendant

Tavarez, Altagracia

Defendant CACH, LLC 

2

11/09/2015 Motion for Default

Party: Plaintiff U S Bank

National Assn 

2

11/06/2015 Non-Military Affidavit 3

11/03/2015 Order Setting Case Management Conference December 28. 2015

08:45 AM RM 518

1

10/07/2015 Summons Returned Unserved UNKNOWN PARTY #1 2

10/07/2015 Summons Returned Unserved UNKNOWN PARTY #2 2

10/07/2015 Summons Returned Served Altagracia Tavarez

9/30/15

2

10/07/2015 Summons Returned Served CACH, LLC 10/1/15 2

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Case 21-15049-PDR Doc 14 Filed 06/15/21 Page 15 of 18
Date Description Additional Text View Pages

09/29/2015 Filing Fee Paid Payor: DAVID B

OSBORNE ; Userid:

CTS-fg/t ; Receipt:

20151FA1A138388; 

;

Amount: $1,906.00

09/29/2015 Defendant Count > than 5 Payor: DAVID B

OSBORNE ; Userid:

CTS-fg/t ; Receipt:

20151FA1A138388; 

;

Amount: $2.50

09/29/2015 Summons Issued Fee Payor: DAVID B

OSBORNE ; Userid:

CTS-fg/t ; Receipt:

20151FA1A138388; 

;

Amount: $10.00

09/29/2015 Summons Issued Fee Payor: DAVID B

OSBORNE ; Userid:

CTS-fg/t ; Receipt:

20151FA1A138388; 

;

Amount: $10.00

09/29/2015 Summons Issued Fee Payor: DAVID B

OSBORNE ; Userid:

CTS-fg/t ; Receipt:

20151FA1A138388; 

;

Amount: $10.00

09/29/2015 Summons Issued Fee Payor: DAVID B

OSBORNE ; Userid:

CTS-fg/t ; Receipt:

20151FA1A138388; 

;

Amount: $10.00

09/22/2015 Civil Cover Sheet  2

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Case 21-15049-PDR Doc 14 Filed 06/15/21 Page 16 of 18
Total: 3

Total: 0

Hearing(s)

Related Case(s)

Date Description Additional Text View Pages

09/22/2015 Complaint (eFiled) Verified Mtg Foreclosure

Party: Plaintiff U S Bank

National Assn 

30

09/22/2015 eSummons Issuance UNKNOWN PARTY #2 2

09/22/2015 eSummons Issuance Unknown Party #1 2

09/22/2015 eSummons Issuance

Party: Defendant

Tavarez, Altagracia 

2

09/22/2015 eSummons Issuance

Party: Defendant CACH,

LLC 

2

09/22/2015 Request for Admissions To Defendant Altagracia

Tavarez

Party: Plaintiff U S Bank

National Assn 

2

09/22/2015 Notice of Lis Pendens 1

09/22/2015 Value Claim Form 1

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Date Description Additional Text

06/01/2021 Foreclosure Sale CANCELED Suggestion of Bankruptcy

Hearing Time: 10:00 AM

Judicial Officer(s):Not Applicable, ,

Location: On-line @ www.broward.realforeclose.com

08/24/2016 Foreclosure Sale CANCELED Suggestion of Bankruptcy

Hearing Time: 10:00 AM

Judicial Officer(s):Not Applicable, ,

Location: On-line @ www.broward.realforeclose.com

05/03/2016 Foreclosure Sale Hearing Time: 10:00 AM

Judicial Officer(s):Not Applicable, ,

Location: On-line @ www.broward.realforeclose.com

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