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ORDER TO SHOW CAUSE FOR
ENTRY OF FINAL JUDGMENT OF MORTGAGE FORECLOSURE
IN THE CIRCUIT COURT OF THE 6TH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR PASCO COUNTY CIVIL DIVISION:
CASE NO.:
2025CA002204CAAXWS
FLAGSTAR BANK, N.A.,
Plaintiff, v.
MARLENE E. LEE; SUNNOVA TE MANAGEMENT LLC; UNITED STATES OF AMERICA ACTING ON BEHALF OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT; UNKNOWN SPOUSE OF MARLENE E. LEE; UNKNOWN TENANT
Defendants.
This cause of action having come from the court upon Plaintiff’s, FLAGSTAR BANK, N.A., Motion for Order to Show Cause for entry of Final Judgment of Mortgage Foreclosure pursuant to §702.10(1)(a) Florida Statutes and the court having reviewed the Motion and the Verified Complaint, and being otherwise fully advised in the premises, it is therefore
ORDERED AND ADJUDGED:that
1. Defendants, MARLENE E. LEE; SUNNOVA TE MANAGEMENT LLC; UNITED STATES OF AMERICA ACTING ON BEHALF OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT; UNKNOWN SPOUSE OF MARLENE E. LEE; UNKNOWN TENANT, shall appear at a hearing on foreclosure is set for: October 20, 2025, at 2:00 p.m. before the Honorable Kemba Lewis, Circuit Judge, via TELEPHONIC HEARING: 352-309-8039 you will hear music, stay on the line until your case is called. Our hearing line will accommodate up to 10 separate callers to show cause why the attached Final Judgment of Mortgage Foreclosure should not be entered in this cause against the Defendants. This hearing shall be referred to in this Order as the “Show Cause Hearing.”
2. This order shall be served on the defendants in accordance with the Florida Rules of Civil Procedure and §702.10(1)(a)(9), to wit:
a. If the Defendants have been served with the Verified Complaint and original process has already been effectuated, service of this Order may be made in the manner provided in the Florida Rules of Civil Procedure.
b. If the Defendants have not been served with the Verified Complaint and original process, the Order to Show Cause, together with the Summons and a copy of the Verified Complaint, shall be served on the Defendants in the same manner as provided by the law for original process.
3. The filing of defenses by a motion, a responsive pleading, an affidavit, or other papers before the hearing to show cause that raise a genuine issue of material fact which would preclude the entry of summary judgment or otherwise constitute a legal defense to foreclosure shall constitute cause for the court not to enter final judgment.
4. Defendants have the right to file affidavits or other papers at the time of the Show Cause Hearing and may appear personally or by attorney at the Show Cause Hearing.
5. If a defendant files defenses by a motion, a verified or sworn answer, affidavits, or other papers or appears personally or by way of an attorney at the time of the hearing, the hearing time will be used to hear and consider whether the defendant’s motion, answer, affidavits, other papers, and other evidence and argument as may be presented by the defendant or the defendant’s attorney raise a genuine issue of material fact which would preclude the entry of summary judgment or otherwise constitute a legal defense to foreclosure. The court may enter an order of final judgment of foreclosure at the hearing and order the clerk of the court to conduct a foreclosure sale.
6. If a defendant fails to appear at the hearing to show cause or fails to file defenses by a motion or by a verified or sworn answer or files an answer not contesting the foreclosure, such defendant may be considered to have waived the right to a hearing, and in such case, the court may enter a default against such defendant and, if appropriate, a final judgment of foreclosure ordering the clerk of the court to conduct a foreclosure sale.
7. If the mortgage provided for reasonable attorney fees and the requested fee does not exceed 3% of the principal amount owed at the time the Complaint is filed, the Court does not need to hold a hearing or adjudge the requested fee to be reasonable.
8. A copy of the proposed final judgment is attached.
9. Any final judgment of foreclosure entered pursuant to Section 702.10(1) Fla. Stat. shall be only for in rem relief; however, entry of such final judgment of foreclosure shall not preclude entry of an in personam money damages judgment or deficiency judgment where otherwise allowed by law.
DONE AND ORDERED in Pasco County, Florida this 15th day of August, 2025.
Electronically Conformed 6/11/2025
Circuit Judge Kemba Lewis
2025-CA-002204 8/15/2025 3:21:32 CIRCUIT JUDGE
*Plaintiff to serve a copy of this order on all Defendants
September 12, 19, 2025 25-01927P
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