Whether a mortgage security instrument created six days before the underlying promissory note is sufficiently executed to provide standing to foreclose in summary proceedings without violating due process

QUESTIONS PRESENTED ,; | In this Florida case a federally regulated uniform residential Single-family Mortgage (SFM), predicated on a security instrument | originated six days before a promissory note, was foreclosed in judicial “summary proceedings”. Thereafter, during a period of military service, | the subject servicemember-owned homes was sold without obtaining . relief from stay, despite a pending Chapter 13 bankruptcy case. The bankruptcy court, without “notice and hearing”, dismissed the petition and proposed payment plan while the was . deployed overseas, giving rise to these essential questions: 1. Whether a mortgage security instrument created six days before the underlying promissory note is sufficiently executed provides sufficient standing to foreclose in summary proceedings without , violating due process. Further, how long can a valid uniform mortgage security instrument predate an underlying loan note? 2. Does the “prepetition status quo ante” mandate of the bankruptcy Code dismissal statute, at § 349(b)(3), extinguish unapproved postpetition sales and other self-help remedies -including i . | | | independent actions by the foreclosure court to ee or modify the § 362(a) stay without prior consent of the bankruptcy court? , | 3. (a) Under what circumstances does § 3932(b) of the Servicemembers Civil Relief Act (SCRA 2003) mandate a i statutory or judicial stay, if a stay is requested? ) (b) Even if no SCRA stay exists, pursuant to § 3917(a), does immediate dismissal of a Chapter 13 case, without § 1307(c) mandatory notice, dissolves the § 362 stay? lastly, , (c) Whether the mandatory tolling requirement of the SCRA § 3936(b) preempts Fla. Stat. § 45.031(5)? Thus, nullifying any confirmation of a judicial sale expressly intended to terminate , protected redemptive rights in real property. RULE 29.6 DISCLOSURE STATEMENT The names of the parties to this case are as they appear in the , case caption: The Petitioner(s), Joseph Llewellyn Worrell, and Military Dependents. The Respondents, Emigrant Mortgage Company, Inc., and , Retained Realty Inc., its wholly owned subsidiary. ii