Preview
Filing # 17589857 Electronically Filed 08/27/2014 03:08:04 PM.
IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT
IN AND FOR JACKSON COUNTY, FLORIDA
DEUTSCH BANK NATIONAL TRUST COMPANY,
AS TRUSTEE, IN TRUST FOR REGISTERED HOLDERS
OF LONG BEACH MORTGAGE LOAN TRUST 2006-10,
ASSET-BACKED CERTIFICATES, SERIES 2006-10,
Plaintiff, CIVIL DIVISION — FORECLOSURE
CASE NO.: !
vs. 20\ACA22g
ANTHONY SMITH, et al.,
Defendant,
tenon /
ieee
DEFENDANTS MOTION TO DISMISS COMPLAINT AND RELEASE LIS PENDENS
COMES NOW, Defendants, ANTHONY SMITH AND GWENDOLYN SMITH, by and
through their undersigned counsel, move to dismiss Plaintiff's Verified Complaint to Foreclose
Mortgage (hereinafter “Complaint”) and in support thereof states the following:
PLAINTIFF FAILED TO ALLEGE HOW IT HAS STANDING
The plaintiff has failed to allege how it has standing to enforce the note and mortgage on
which its claim is based. The copy of the note attached to the complaint lists Solstice Capital
Group Inc., A California Corporation, as the lender. Attached to the note is a blank and undated
endorsement, purportedly transferring the note to an unknown third party. Further, the complaint
does not show how the note was transferred to the plaintiff, whether through “a valid assignment,
proof of purchase of the debt, or evidence of an effective transfer.” BAC Funding v. Jean
Jacques, 28 So.3d 936 (Fla. 2d DCA 2010). “Where complaint allegations are contradicted by
exhibits attached to a complaint, the plain meaning of the exhibits control(s) and may be the
basis for a motion to dismiss.” BAC Funding v. Jean Jacques, 28 So.3d 936 (Fla. 2d DCA 2010)
citing Hunt Ridge at Tall Pines v. Hall, 766 So.2d 399(Fla. 2d DCA 2000). (Mortgage
foreclosure case where allegations of unverified complaint conflicted with mortgage and note
showing lender was entity other than plaintiff). The copy of the mortgage attached to the
Electronically Filed Jackson Case # 14000228CAd96M 08/27/2014 02:08:04 PM
complaint also lists Solstice Capital Group Inc., A California Corporation as the Lender. Nothing
in the complaint or its attachments shows a proper assignment of the mortgage from the party
listed as lender or its nominee to the Plaintiff.
The plaintiff must plead those ultimate facts establishing its standing to enforce
the agreement, especially since no assignment of the mortgage was attached or alleged to have
been recorded prior to filing suit. See_Progressive Express Insurance Co. v. McGrath
Community Chiropractic, 913 So.2d 1281 (Fla. 7"! DCA 2005), Jeff Ray Corp. v. Jacobson, 566
8o0.2d 855 (Fla*” DCA 1990) and WM _ Specialty Mortgage LLC v. Salomon, 874 So.2d 680
(Fla. “” DCA 2004).
PLAINTIFF ALLEGES TO BE THE OWNER AND HOLDER OF THE SUBJECT NOTE
AND MORTGAGE
In Florida, in order for the Plaintiff to invoke the enforcement powers of § 673.3091, and
prosecute a residential mortgage foreclosure, it must be by the owner and holder of the mortgage
and note. Your Construction Center, Inc. y. Gross, 316 So. 3d 596 (Fla. 4" DCA 1975).
Furthermore, Florida Rule of Civil Procedure 1.944, lays out a form in which to follow in
foreclosure action complaints in Florida. This form includes a statement in which Plaintiff is to
allege they are both the owner and holder of the subject Note and Mortgage.
Plaintiff has not alleged to be the owner and holder of the Note and Mortgage. In
paragraph 5 of Plaintiff's Complaint, Plaintiff alleges it is “ ...in physical possession of the
original Note...and by virtue of possession...is the holder of the Note”, an essential allegation
under Florida Rule of Civil Procedure 1.944. Plaintiff alleges to be the owner of the note but
does not allege to be the owner or holder of the Mortgage. The allegation in Paragraph 5 by
Plaintiff, is not supported anywhere in the complaint. Plaintiff failed to attach any proof or
evidence showing how it gained the authority to bring this action.
Page 2 of 6
In fact, the Mortgage and Note clearly identifies Solstice Capital Group Inc., A California
Corporation, and therefore, the holder of the Mortgage. Further, Plaintiff does not allege that the
Note and Mortgage was ever properly assigned by Solstice Capital Group Inc., A California
Corporation to it.
As such, under Florida Law, Plaintiff does not have standing and cannot prosecute the
subject foreclosure cause of action.
PLAINTIFF FAILED TO PROPERLY VERIFY COMPLAINT
On February 10, 2010, Fla. R. Civ. Pro. 1.110(b), Claims for Relief, was amended to add
the following language at the end of 1.110(b):
When filing an action for foreclosure of a mortgage on residential real property
the complaint shall be verified. When verification of a document is required, the
document filed shall include an oath, affirmation, or the following statement:
“Under penalty of perjury, I declare that I have read the foregoing, and the facts
alleged therein are true and correct to the best of my knowledge and belief.
In the Florida Supreme Court’s memorandum entitled In re AMENDMENTS TO
THE FLORIDA RULES OF CIVIL PROCEDURE, 44 So.3d 555 (Fla. 2010) (issued February
11, 2010, modified June 3, 2010), the Court states, in pertinent part, as follows:
rule_1.110(b)is amended to require verification of mortgage foreclosure
complaints involving residential real property. The primary purposes of this
amendment are (1) to provide incentive for the plaintiff to appropriately
investigate and verify its ownership of the note or right to enforce the note and
ensure that the allegations in the complaint are accurate; (2) to conserve judicial
resources that are currently being wasted on inappropriately pleaded “lost note”
counts and inconsistent allegations; (3) to prevent the wasting of judicial
resources and harm to defendants resulting from suits brought by plaintiffs not
entitled to enforce the note; and (4) to give trial courts greater authority to
sanction plaintiffs who make false allegations.
Page 3 of 6
The verification requirement demands that the Plaintiff itself, and not a representative
from a non-party or "agent" of the Plaintiff, verify the facts alleged in the complaint. As Judge
Holcomb states in his Order Granting Defendants' Motion to Dismiss':
Henry Trawick makes clear that "verification" means that the verifying party
(emphasis in original) attests that the facts alleged in the complaint are true.
Trawick's Florida Practice and Procedure Sec. 6:14 (Verification). Beverette v.
Graham, 13\ So. 826, 827 (Fla. 1931); Burns v. Burns, 174 So.2nd 432, 434 (Fla.
2nd DCA 1965). Rule 1.110(b) does not specifically provide for or allow
verification to [be] made by a non-party such as a loan servicer or agent of the
Plaintiff.
None of the purposes outlined by the Supreme Court would be satisfied if the plaintiff's
complaint is permitted to stand as written. The person verifying the Complaint is an “Assistant
Secretary” of Plaintiff. However, there is not power of attorney or any other document attached
to the complaint showing how the person verifying the complaint is properly authorized to,do
so by the Plaintff. This is neither consistent with the letter or sprit of the new rule of civil
procedure but also not in compliance with the law. See Trawick, Fla. Prac. & Procedure,
§6.14 Verification, and see, Bernadette v. Graham, 132 So. 826 (Fla. 1931).
PLAINTIFF FAILED TO FILE A NON RESIDENT’S COST BOND
Plaintiff is a foreign corporation and has failed to file a cost bond as required by §57.011
Florida Statutes within 30 days after commencing this action and move to dismiss the complaint.
Sound City Inc. v. Kenwood Electronics, Inc., 330 So.2d 163 (Fla. 1" DCA 1976).
FL. Stat §57.011 states:
Costs; security by nonresidents——When a nonresident plaintiff begins an action
r when a plaintiff after beginning an action removes himselfor herself or his or
her effects from the state, he or she shall file a bond with surety to be approved by
the clerk of $100, conditioned to pay all costs which may be adjudged against him
* PNC Bank National Association v. Kathleen Peckham, et al, pending in the Circuit Court of the Eighteenth Judicial
Circuit in and for Brevard County, Florida, Case No. 05-2010-CA-33741 (Jan, 14, 2011)
Page
4 of 6
or her in said action in the court in which the action is brought. On failure to file
such bond within 30 days after such commencement or such removal, the
defendant may, after 20 days’ notice to plaintiff (during which the plaintiff may
file such bond), move to dismiss the action or may hold the attorney bringing or
prosecuting the action liable for said costs and if they are adjudged against
plaintiff, an execution shall issue against said attorney.
In this case, Plaintiff is a foreign entity and has yet to file their required Cost Bond with
the Clerk of the Court, according to the Court docket, a printout of which is attached hereto as
Exhibit "A". Counsel for the Plaintiff and this Court should consider this paragraph as the
statutorily mandated 20-day notice. If Plaintiff files the required bond with the Clerk of the Court
within thirty (30) days after filing of this Motion to Dismiss, the Court may consider this ground
for dismissal withdrawn.
To illustrate, The Fourth Judicial Circuit Court Granted a Defendant’s Motion to Dismiss
a pending foreclosure case for Plaintiff's failing to post the statutorily required non-resident cost
bond and stated, “The Florida Statutes require that a foreign corporation instituting legal action
in the State of Florida post a bond with the clerk of court prior to moving forward with the legal
action." Citigroup Global Markets v. Bumbu, 16 Fla. L. Weekly Supp. 737a (Fourth Judicial
Circuit, Clay County, June 2, 2009.)
RELEASE OF LIS PENDENS
Pursuant to Section 48.23, Fla. Stat. (2010) and Rule 1.420(f), Fla. R. Civ. P., Plaintiff's
Notice of Lis Pendens must be released or dissolved upon dismissal of the Complaint. Rule
1,420(f) states as follows:
Effect on Lis Pendens. If a notice of lis pendens has been filed in connection with a
claim for affirmative relief that is dismissed under this rule, the notice of lis pendens
connected with the dismissed claim is automatically dissolved at the same time. The
notice, stipulation, or order shall be recorded.
Page 5 of 6
WHEREFORE, Defendants respectfully requests that this Honorable Court enter an order (i)
dismissing Plaintiff's Complaint; (ii) discharging, vacating, releasing and dissolving the Notice
of Lis Pendens; and (iii) for all other and further remedies that this Court deems just and
appropriate.
FLORIDA FORECLOSURE LAW GROUP
6365 N.W. 6" Way, Suite #210
Fort Lauderdale, FL 33309
(954) 790-6785 Office
Primary Service E-Mail
service@)floridaforeclosurelg.com, ein
ae pense"
By il ti Sct
ey
i] Scott L. Podvin/ FBN
ie Melissa Thorn/ FBN: 156307
U Chafic Wahab/ FBN: 106223
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on thiggd bitey of August, 2014, that a true and correct copy
of the foregoing has been delivered via Email to
FE GBocaService@iogs.com
FLORIDA FORECLOSURE LAW GROUP
6365 N.W. 6" Way, Suite #210
Fort Lauderdale, FL 33309
(954) 790-6785 Office
Primar e E-Mail
7
Servic faloridaldy
i floridaféreclosurelg
a
i
By a,
He
~
“Melissa Thorn/ FEN2-456307
i Scott L. Podvin/ FBN: 0005053
0 Chafic Wahab/ FBN: 106223
Page 6 of 6
EXHIBIT A
8/27/2014 Jackson Clerk
a e is
VL aaa. ak daa!
Case Progress Dockets New Search
jinn sinensis renee eget
CASE NUMBER FILE DATE CASE TYPE STATUS
enter tigenenhnnmee renter genset see
322014CA000228CAAXMX 04/14/2014 RP/MF-HOMESTEAD RESID $50,001-249,999 OPEN
28!
in a sone
[PLAINTIFF= EUTSCH BANK NATIONAL TRUST CO ATTORNEY: ISHMAN, BARRY
STUART DEFENDANT=SMITH, ANTHONY EUGENE DEFENDANT=SMITH
GWENDOLYN DEFENDANT=UNKNOWN PARTIES IN POSSESSION DEFENDANT=UNKNOWN
PARTIES IN POSSESSION ]
[JUDGE=GAY, SHONNA YOUNG
sere ae
ATE =08, 21/
ee
‘cou it Events | Einance Info| Do
~ ~ oo
ACTION
TEXT
DATE
ee nn et nnn
08/21/2014 NOTICE OF LIS PENDENS.
oven
08/07/2014 NOTICE OF APPEARANCE AS CO-COUNSEL
ince aire
06/30/2014 MOTION FOR ENLARGEMENT OF |TIME TO RESPOND TO
nn een
06/30/2014 DEFENDANT MOTION FOR MEDIATION
cor wither
06/27/2014 NOTICE OF FILING AFFIDAVIT AS TO ATTORNEYS FEES
pense
NOTICE OF DESIGNATION OF PRIMARY E MAIL ADDRESS IN COMPLAINCE WITH NEW MANDATORY E MAIL
06/16/2014
SERVICE RULE
seen perenne
06/16/2014 NOTICE OF APPEARANCE
ene ne
06/09/2014 MOTION FOR DEFAULT/DEFAULT NOT ENTERED/NEED NON MILITARY AFFIDAVITS
seem aon tne
06/09/2014 NOTICE OF DROPPING PARTY
viii venta seen bi -
06/05/2014 NOTICE OF FILING: ORIGINAL NOTE AND MORTGAGE
ne seen senne ae
06/02/2014 NOTICE OF FILING ORIGINAL LOAN DOCUMENTS | (E- FILE)
oe ol
05/27/2014 NOTICE OF FILING: AFFIDAVIT OF MILITARY SERVICE
on
04/30/2014 RETURN OF SERVICE SERVED: ANTHONY SMITH 4/23/2014
ii
04/30/2014 RETURN OF SERVICE SERVED: GWENDOLY SMITH 4/24/2014
sini
04/30/2014 RETURN OF SERVICE SERVED: UNKNOWN PARTIES IN POSSESSION #1
ns seen
04/30/2014 RETURN OF SERVICE UNSERVED: UNKNOWN PARTIES IN POSSESSION #2
i inn
04/15/2014 Defense Attorney: Assigned to FACC.CLERICUS. Identity. NamesBAO
. owe nat
04/15/2014 Assessment 1 Total Assessed $945.00 Balance Remaining $945 00
ii ~
04/15/2014 Assessment 1 Total Assessed $945.00 Balance Remaining $0.00
a — a
04/15/2014 Payment received: $945.00 Receipt Number CA 2014000784
nner certian
04/15/2014 Judge: JOHNSON , DAVID C Assigned ~|
jones
04/14/2014 Case 322014CA000228CAAXMX Filed with Clerk on 4/14/2014
en nin . paint ted
04/14/2014 CIVIL COVER SHEET
ance sei
04/14, 2014 | FORECLOSURE COMPLAINT
ha ne sae - et ani
| 04/14/2014 | Lis
L PENDENS.
oe on se oe oe need
| 04/14/2014 | VALUE OF REAL PROPERTY OR MORTGAGE FORECLOSURE CLA
| os i Seen nant arene ~ st
__ 04/14/2014 NOTICE OF FILING
ec cae ~ s
hitps:vww2.myfloridacounty.com/cemidoldocket?g t=k_ Gavi8Cou-khOL
Tuc XAg &q2=56d00db7S>448a08c3dea207581dd88 42
8/27/2014 Jackson Clerk
|. 4/ iS ISSUED DELIVERED
nisl
TO: ATTORNEY
ee anor inners
Lo 4/2014 | Assi ent L ssessed at sum $905.00
inti sano lal
https:/Aww2.myfloridacounty.com/ccnv/do/docket?q 1=k_6av1 8C ou-KxOL7vzX4g&q 2=56d90db7 Sb4d8a03c3de5a2a758
1dd88 212
Preview
Filing # 17589857 Electronically Filed 08/27/2014 03:08:04 PM. IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR JACKSON COUNTY, FLORIDA DEUTSCH BANK NATIONAL TRUST COMPANY, AS TRUSTEE, IN TRUST FOR REGISTERED HOLDERS OF LONG BEACH MORTGAGE LOAN TRUST 2006-10, ASSET-BACKED CERTIFICATES, SERIES 2006-10, Plaintiff, CIVIL DIVISION — FORECLOSURE CASE NO.: ! vs. 20\ACA22g ANTHONY SMITH, et al., Defendant, tenon / ieee DEFENDANTS MOTION TO DISMISS COMPLAINT AND RELEASE LIS PENDENS COMES NOW, Defendants, ANTHONY SMITH AND GWENDOLYN SMITH, by and through their undersigned counsel, move to dismiss Plaintiff's Verified Complaint to Foreclose Mortgage (hereinafter “Complaint”) and in support thereof states the following: PLAINTIFF FAILED TO ALLEGE HOW IT HAS STANDING The plaintiff has failed to allege how it has standing to enforce the note and mortgage on which its claim is based. The copy of the note attached to the complaint lists Solstice Capital Group Inc., A California Corporation, as the lender. Attached to the note is a blank and undated endorsement, purportedly transferring the note to an unknown third party. Further, the complaint does not show how the note was transferred to the plaintiff, whether through “a valid assignment, proof of purchase of the debt, or evidence of an effective transfer.” BAC Funding v. Jean Jacques, 28 So.3d 936 (Fla. 2d DCA 2010). “Where complaint allegations are contradicted by exhibits attached to a complaint, the plain meaning of the exhibits control(s) and may be the basis for a motion to dismiss.” BAC Funding v. Jean Jacques, 28 So.3d 936 (Fla. 2d DCA 2010) citing Hunt Ridge at Tall Pines v. Hall, 766 So.2d 399(Fla. 2d DCA 2000). (Mortgage foreclosure case where allegations of unverified complaint conflicted with mortgage and note showing lender was entity other than plaintiff). The copy of the mortgage attached to the Electronically Filed Jackson Case # 14000228CAd96M 08/27/2014 02:08:04 PM complaint also lists Solstice Capital Group Inc., A California Corporation as the Lender. Nothing in the complaint or its attachments shows a proper assignment of the mortgage from the party listed as lender or its nominee to the Plaintiff. The plaintiff must plead those ultimate facts establishing its standing to enforce the agreement, especially since no assignment of the mortgage was attached or alleged to have been recorded prior to filing suit. See_Progressive Express Insurance Co. v. McGrath Community Chiropractic, 913 So.2d 1281 (Fla. 7"! DCA 2005), Jeff Ray Corp. v. Jacobson, 566 8o0.2d 855 (Fla*” DCA 1990) and WM _ Specialty Mortgage LLC v. Salomon, 874 So.2d 680 (Fla. “” DCA 2004). PLAINTIFF ALLEGES TO BE THE OWNER AND HOLDER OF THE SUBJECT NOTE AND MORTGAGE In Florida, in order for the Plaintiff to invoke the enforcement powers of § 673.3091, and prosecute a residential mortgage foreclosure, it must be by the owner and holder of the mortgage and note. Your Construction Center, Inc. y. Gross, 316 So. 3d 596 (Fla. 4" DCA 1975). Furthermore, Florida Rule of Civil Procedure 1.944, lays out a form in which to follow in foreclosure action complaints in Florida. This form includes a statement in which Plaintiff is to allege they are both the owner and holder of the subject Note and Mortgage. Plaintiff has not alleged to be the owner and holder of the Note and Mortgage. In paragraph 5 of Plaintiff's Complaint, Plaintiff alleges it is “ ...in physical possession of the original Note...and by virtue of possession...is the holder of the Note”, an essential allegation under Florida Rule of Civil Procedure 1.944. Plaintiff alleges to be the owner of the note but does not allege to be the owner or holder of the Mortgage. The allegation in Paragraph 5 by Plaintiff, is not supported anywhere in the complaint. Plaintiff failed to attach any proof or evidence showing how it gained the authority to bring this action. Page 2 of 6 In fact, the Mortgage and Note clearly identifies Solstice Capital Group Inc., A California Corporation, and therefore, the holder of the Mortgage. Further, Plaintiff does not allege that the Note and Mortgage was ever properly assigned by Solstice Capital Group Inc., A California Corporation to it. As such, under Florida Law, Plaintiff does not have standing and cannot prosecute the subject foreclosure cause of action. PLAINTIFF FAILED TO PROPERLY VERIFY COMPLAINT On February 10, 2010, Fla. R. Civ. Pro. 1.110(b), Claims for Relief, was amended to add the following language at the end of 1.110(b): When filing an action for foreclosure of a mortgage on residential real property the complaint shall be verified. When verification of a document is required, the document filed shall include an oath, affirmation, or the following statement: “Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief. In the Florida Supreme Court’s memorandum entitled In re AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE, 44 So.3d 555 (Fla. 2010) (issued February 11, 2010, modified June 3, 2010), the Court states, in pertinent part, as follows: rule_1.110(b)is amended to require verification of mortgage foreclosure complaints involving residential real property. The primary purposes of this amendment are (1) to provide incentive for the plaintiff to appropriately investigate and verify its ownership of the note or right to enforce the note and ensure that the allegations in the complaint are accurate; (2) to conserve judicial resources that are currently being wasted on inappropriately pleaded “lost note” counts and inconsistent allegations; (3) to prevent the wasting of judicial resources and harm to defendants resulting from suits brought by plaintiffs not entitled to enforce the note; and (4) to give trial courts greater authority to sanction plaintiffs who make false allegations. Page 3 of 6 The verification requirement demands that the Plaintiff itself, and not a representative from a non-party or "agent" of the Plaintiff, verify the facts alleged in the complaint. As Judge Holcomb states in his Order Granting Defendants' Motion to Dismiss': Henry Trawick makes clear that "verification" means that the verifying party (emphasis in original) attests that the facts alleged in the complaint are true. Trawick's Florida Practice and Procedure Sec. 6:14 (Verification). Beverette v. Graham, 13\ So. 826, 827 (Fla. 1931); Burns v. Burns, 174 So.2nd 432, 434 (Fla. 2nd DCA 1965). Rule 1.110(b) does not specifically provide for or allow verification to [be] made by a non-party such as a loan servicer or agent of the Plaintiff. None of the purposes outlined by the Supreme Court would be satisfied if the plaintiff's complaint is permitted to stand as written. The person verifying the Complaint is an “Assistant Secretary” of Plaintiff. However, there is not power of attorney or any other document attached to the complaint showing how the person verifying the complaint is properly authorized to,do so by the Plaintff. This is neither consistent with the letter or sprit of the new rule of civil procedure but also not in compliance with the law. See Trawick, Fla. Prac. & Procedure, §6.14 Verification, and see, Bernadette v. Graham, 132 So. 826 (Fla. 1931). PLAINTIFF FAILED TO FILE A NON RESIDENT’S COST BOND Plaintiff is a foreign corporation and has failed to file a cost bond as required by §57.011 Florida Statutes within 30 days after commencing this action and move to dismiss the complaint. Sound City Inc. v. Kenwood Electronics, Inc., 330 So.2d 163 (Fla. 1" DCA 1976). FL. Stat §57.011 states: Costs; security by nonresidents——When a nonresident plaintiff begins an action r when a plaintiff after beginning an action removes himselfor herself or his or her effects from the state, he or she shall file a bond with surety to be approved by the clerk of $100, conditioned to pay all costs which may be adjudged against him * PNC Bank National Association v. Kathleen Peckham, et al, pending in the Circuit Court of the Eighteenth Judicial Circuit in and for Brevard County, Florida, Case No. 05-2010-CA-33741 (Jan, 14, 2011) Page 4 of 6 or her in said action in the court in which the action is brought. On failure to file such bond within 30 days after such commencement or such removal, the defendant may, after 20 days’ notice to plaintiff (during which the plaintiff may file such bond), move to dismiss the action or may hold the attorney bringing or prosecuting the action liable for said costs and if they are adjudged against plaintiff, an execution shall issue against said attorney. In this case, Plaintiff is a foreign entity and has yet to file their required Cost Bond with the Clerk of the Court, according to the Court docket, a printout of which is attached hereto as Exhibit "A". Counsel for the Plaintiff and this Court should consider this paragraph as the statutorily mandated 20-day notice. If Plaintiff files the required bond with the Clerk of the Court within thirty (30) days after filing of this Motion to Dismiss, the Court may consider this ground for dismissal withdrawn. To illustrate, The Fourth Judicial Circuit Court Granted a Defendant’s Motion to Dismiss a pending foreclosure case for Plaintiff's failing to post the statutorily required non-resident cost bond and stated, “The Florida Statutes require that a foreign corporation instituting legal action in the State of Florida post a bond with the clerk of court prior to moving forward with the legal action." Citigroup Global Markets v. Bumbu, 16 Fla. L. Weekly Supp. 737a (Fourth Judicial Circuit, Clay County, June 2, 2009.) RELEASE OF LIS PENDENS Pursuant to Section 48.23, Fla. Stat. (2010) and Rule 1.420(f), Fla. R. Civ. P., Plaintiff's Notice of Lis Pendens must be released or dissolved upon dismissal of the Complaint. Rule 1,420(f) states as follows: Effect on Lis Pendens. If a notice of lis pendens has been filed in connection with a claim for affirmative relief that is dismissed under this rule, the notice of lis pendens connected with the dismissed claim is automatically dissolved at the same time. The notice, stipulation, or order shall be recorded. Page 5 of 6 WHEREFORE, Defendants respectfully requests that this Honorable Court enter an order (i) dismissing Plaintiff's Complaint; (ii) discharging, vacating, releasing and dissolving the Notice of Lis Pendens; and (iii) for all other and further remedies that this Court deems just and appropriate. FLORIDA FORECLOSURE LAW GROUP 6365 N.W. 6" Way, Suite #210 Fort Lauderdale, FL 33309 (954) 790-6785 Office Primary Service E-Mail service@)floridaforeclosurelg.com, ein ae pense" By il ti Sct ey i] Scott L. Podvin/ FBN ie Melissa Thorn/ FBN: 156307 U Chafic Wahab/ FBN: 106223 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on thiggd bitey of August, 2014, that a true and correct copy of the foregoing has been delivered via Email to FE GBocaService@iogs.com FLORIDA FORECLOSURE LAW GROUP 6365 N.W. 6" Way, Suite #210 Fort Lauderdale, FL 33309 (954) 790-6785 Office Primar e E-Mail 7 Servic faloridaldy i floridaféreclosurelg a i By a, He ~ “Melissa Thorn/ FEN2-456307 i Scott L. Podvin/ FBN: 0005053 0 Chafic Wahab/ FBN: 106223 Page 6 of 6 EXHIBIT A 8/27/2014 Jackson Clerk a e is VL aaa. ak daa! Case Progress Dockets New Search jinn sinensis renee eget CASE NUMBER FILE DATE CASE TYPE STATUS enter tigenenhnnmee renter genset see 322014CA000228CAAXMX 04/14/2014 RP/MF-HOMESTEAD RESID $50,001-249,999 OPEN 28! in a sone [PLAINTIFF= EUTSCH BANK NATIONAL TRUST CO ATTORNEY: ISHMAN, BARRY STUART DEFENDANT=SMITH, ANTHONY EUGENE DEFENDANT=SMITH GWENDOLYN DEFENDANT=UNKNOWN PARTIES IN POSSESSION DEFENDANT=UNKNOWN PARTIES IN POSSESSION ] [JUDGE=GAY, SHONNA YOUNG sere ae ATE =08, 21/ ee ‘cou it Events | Einance Info| Do ~ ~ oo ACTION TEXT DATE ee nn et nnn 08/21/2014 NOTICE OF LIS PENDENS. oven 08/07/2014 NOTICE OF APPEARANCE AS CO-COUNSEL ince aire 06/30/2014 MOTION FOR ENLARGEMENT OF |TIME TO RESPOND TO nn een 06/30/2014 DEFENDANT MOTION FOR MEDIATION cor wither 06/27/2014 NOTICE OF FILING AFFIDAVIT AS TO ATTORNEYS FEES pense NOTICE OF DESIGNATION OF PRIMARY E MAIL ADDRESS IN COMPLAINCE WITH NEW MANDATORY E MAIL 06/16/2014 SERVICE RULE seen perenne 06/16/2014 NOTICE OF APPEARANCE ene ne 06/09/2014 MOTION FOR DEFAULT/DEFAULT NOT ENTERED/NEED NON MILITARY AFFIDAVITS seem aon tne 06/09/2014 NOTICE OF DROPPING PARTY viii venta seen bi - 06/05/2014 NOTICE OF FILING: ORIGINAL NOTE AND MORTGAGE ne seen senne ae 06/02/2014 NOTICE OF FILING ORIGINAL LOAN DOCUMENTS | (E- FILE) oe ol 05/27/2014 NOTICE OF FILING: AFFIDAVIT OF MILITARY SERVICE on 04/30/2014 RETURN OF SERVICE SERVED: ANTHONY SMITH 4/23/2014 ii 04/30/2014 RETURN OF SERVICE SERVED: GWENDOLY SMITH 4/24/2014 sini 04/30/2014 RETURN OF SERVICE SERVED: UNKNOWN PARTIES IN POSSESSION #1 ns seen 04/30/2014 RETURN OF SERVICE UNSERVED: UNKNOWN PARTIES IN POSSESSION #2 i inn 04/15/2014 Defense Attorney: Assigned to FACC.CLERICUS. Identity. NamesBAO . owe nat 04/15/2014 Assessment 1 Total Assessed $945.00 Balance Remaining $945 00 ii ~ 04/15/2014 Assessment 1 Total Assessed $945.00 Balance Remaining $0.00 a — a 04/15/2014 Payment received: $945.00 Receipt Number CA 2014000784 nner certian 04/15/2014 Judge: JOHNSON , DAVID C Assigned ~| jones 04/14/2014 Case 322014CA000228CAAXMX Filed with Clerk on 4/14/2014 en nin . paint ted 04/14/2014 CIVIL COVER SHEET ance sei 04/14, 2014 | FORECLOSURE COMPLAINT ha ne sae - et ani | 04/14/2014 | Lis L PENDENS. oe on se oe oe need | 04/14/2014 | VALUE OF REAL PROPERTY OR MORTGAGE FORECLOSURE CLA | os i Seen nant arene ~ st __ 04/14/2014 NOTICE OF FILING ec cae ~ s hitps:vww2.myfloridacounty.com/cemidoldocket?g t=k_ Gavi8Cou-khOL Tuc XAg &q2=56d00db7S>448a08c3dea207581dd88 42 8/27/2014 Jackson Clerk |. 4/ iS ISSUED DELIVERED nisl TO: ATTORNEY ee anor inners Lo 4/2014 | Assi ent L ssessed at sum $905.00 inti sano lal https:/Aww2.myfloridacounty.com/ccnv/do/docket?q 1=k_6av1 8C ou-KxOL7vzX4g&q 2=56d90db7 Sb4d8a03c3de5a2a758 1dd88 212