DEFENDANTS VERIFIED MOTION TOVACATE SUMMARY JUDGMENT

Bruce Hernandez Geddes

4045 NW 10 PL

Lauderhill, FL 33313

954-397-5179 

mrbrucegeddes@gmail.com

Defendant in pro per

IN THE CIRCUIT COURT OF THE 17^TH JUDICIAL CIRCUIT

IN AND FOR BROWARD COUNTY, FLORIDA

NOTICE OF DEFENDANT’S MOTION TO VACATE SUMMARY JUDGMENT

You are notified that on [DATE], at [TIME], or as soon thereafter as Plaintiff can be heard, in Courtroom ___ of the Circuit Court of the 17^th Judicial Circuit, at the Broward County Courthouse at [COURTHOUSE’S ADDRESS], Defendant will bring on for hearing his Motion to Vacate Summary Judgment for the reasons stated in the attached Motion.

Dated this [DATE] day of [MONTH], 2021.

Respectfully Submitted,

/s/ Bruce Geddes

Bruce Hernandez Geddes,

Defendant in pro per

Bruce Hernandez Geddes

4045 NW 10 PL

Lauderhill, FL 33313

954-397-5179 

mrbrucegeddes@gmail.com

Defendant in pro per

IN THE CIRCUIT COURT OF THE 17^TH JUDICIAL CIRCUIT

IN AND FOR BROWARD COUNTY, FLORIDA

MOTION TO VACATE SUMMARY JUDGMENT

Comes now the Defendant Bruce Hernandez Geddes, Pro Se, and files this motion to vacate the Summary Judgment, pursuant to Florida Rules of Civil Procedure 1.540, and in support thereof, states as follows:

BACKGROUND, FACTS IN SUPPORT OF MOTION AND LEGAL ARGUMENT

1. On November 5th, 2019, Plaintiff filed a Claim of Lien for maintenance assessment on Defendant’s property. However, Defendant’s name was misspelled, and an Amended Claim of Lien had to be filed on April 22nd, 2020. 
2. In July 2020, Plaintiff instituted an action to foreclose The Amended Claim of Lien. 
3. A Lis Pendens was filed in July, and, once again, Defendant’s name was misspelled. This was never corrected. Pursuant to 2015 Florida Statutes § 48.23 1(b) (1), an action that is filed for specific performance or that is not based on a duly recorded instrument has no effect, except as between the parties to the proceeding, on the title to, or on any lien upon, the real or personal property unless a notice of lis pendens has been recorded and has not expired or been withdrawn or discharged. There is no duly recorded instrument bearing the name on the recorded Lis Pendens. “A misspelled owner’s name renders a Lis Pendens fatally defective due to lack of constructive notice,” Oz v. Countrywide Home Loans Inc., 953 So. 2d 619 (Fla. Dist. Court of Appeals, 3^rd Dist., 2007); Slachter v. Swanson, 826 So.2d 1012, 1014 (Fla. Dist. Court of Appeals, 3^rd Dist., 2001). 
4. Defendant acknowledges actual notice of the lawsuit when served with the foreclosure filing and recognizes no need for constructive notice as alluded to in the previous paragraph. However, the preceding facts were disclosed to present a particular pattern exhibited by Plaintiff. 
5. Plaintiff’s Amended Claim of Lien is invalid. Pursuant to Fla. Stat. § 720.3085(1)(a), a valid lien must include the address of the Homeowner’s Association. The Lien contains the address of the property management company and not the Association’s address and thereby fails to meet the statutory requirements for a valid lien. “A judgment, order, or decree does not become a lien on real estate unless the address of the person who has a lien as a result of such judgment, order, or decree is contained in the judgment” Robinson v. Sterling Door Win. Co., 698 So. 2d 570, 571 (Fla. Dist. Ct. App. 1997). Moreover, Fla. Stat. § 55.10 (1) unambiguously requires the creditor’s address to be on the judgment lien.
6. The Final Judgement of Foreclosure filed 11/29/20 is invalid. On this occurrence, the address of the Association was once again not evident on the Final Judgement of Foreclosure as is the statutory requirement of Fla. Stat. § 55.10 (1) but contained the address of Plaintiff’s attorney. “We hold that section 55.10(1), Florida Statutes, requires that a final judgment contain the judgment holder’s address to become a lien on real estate…A judgment containing only the address of the judgment holder’s attorney does not comply with the statute so that its recording does not impose a lien on real estate.” Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla. Dist. Ct. App. 1998).
7. It is Defendant’s position that even though an address may seem like a minor detail, it is included in the statutes for a reason. This reason is to make sure that parties in a lawsuit are afforded complete and total transparency and afforded all pertinent information on whom opposes them in a lawsuit.
8. If the court were to allow this foreclosure judgment to stand, it would set a precedent that litigants may cherry pick what part of statues that may be applied in a lawsuit. Statutes that lists multiple requirements exist to afford litigants’ fundamental rights and to prevent abuses. Florida statutes necessitate attention to detail and due care by the opposing sides.
9. Lastly, Defendant wishes the court to know that the past due assessment was brought current on November 9^th, 2020 and remains current as of this filing.  

PRAYER FOR RELIEF

REASONS WHEREFORE, Defendant respectfully requests this Honorable court to grant Defendant’s motion for vacating the summary judgment and for all other relief the defendant proves entitlement to but not limited to relief from court costs and fees, and attorney fees. 

Dated this [DATE] day of [MONTH], 2021.

Respectfully Submitted,

/s/ Bruce Geddes

Bruce Hernandez Geddes,

Defendant in pro per

VERIFICATION

I, Bruce Hernandez Geddes, being duly sworn depose and say that I am the Defendant in the above entitled action, that I have read the foregoing Motion to Vacate Summary Judgment and know the contents thereof. That the same is true of my own knowledge except as to those matters and things stated upon information and belief, and as to those things, I believe them to be true.

/s/ Bruce Geddes

Bruce Hernandez Geddes

Sworn to and subscribed before me this _____ day of ____________________, 2021.

______________________________

Notary Public

________________________________________

(Printed name of Notary Public)

My Commission Expires: ____________________

CERTIFICATE OF SERVICE

I hereby certify that a copy hereof has been furnished by email to the following attorney of record this 9^th day of September 2021.

[ATTORNEY’S FULL NAME] (Attorney at Law)

[STATE BAR NO. OF ATTORNEY IF YOU CAN FIND IT. IF NOT, IGNORE]

[NAME OF LAW FIRM]

[ADDRESS OF LAW FIRM]

[CITY AND STATE]

[PHONE NUMBER]

sbk@sbl.legal.com

Respectfully Submitted,

/s/ Bruce Geddes

4045 NW 10 PL

Lauderhill, FL 33313

954-397-5179

mrbrucegeddes@gmail.com

Defendant in pro per

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