Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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Hi!
I'm filing an Affidavit in Opposition to Motion for Summary Judgement affirming that the bank does not have the right to foreclose as they are not on the mortgage or note but another bank is, and they never filed an Assignment of the mortgage with the county clerks office in Florida.
 
My question is should I also file a Motion to Strike all the affidavits for attorney fees and costs? And should I also file Motion to Dismiss on the same grounds as my Affidavit in Opposition?
 
Thanks in advance for anyone who can steer me in the right direction.
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Trelby
In Florida, the mortgage follows the note so if the note has the proper endorsements or is endorsed in blank, the bank does not have to rely on the assignments even if it is recorded to prove standing. 
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Michelle
The note has Contemporary Mortgage on it as the holder, not the bank (M&T Bank).....
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FnDoomed

A motion to strike is made pursuant to frcp 12(f)(2) and should be made well before your responsive pleading is due.

Look to the federal rules of evidence for grounds.

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Michelle
I just remembered we received this from the bank, when they did a prelim. title search back in 2010....MERS was never nominee for our bank, M&T...and the mortgage has never been assigned....should I use this as an exhibit to my Affidavit, and it would seem that someone at the bank knew about this and the situation has not been corrected...after Contemporary Mtg had our loan it was assigned on the note to Irwin Mtg. but nothing on file with the clerks office pertaining to M&T?

From the title search: 
There are two open mortgages with:
1. MERS as nominee for Contemporary Mortgage Services, Inc. for $107,648.00. I am assuming that this loan
was transferred to M&T and MERS is still acting as nominee. If this is not the case, then the loan should be
assigned to M&T. If MERS is the nominee for M&T, please make sure the modification documents properly
reference MERS.
2. Secretary of Housing and Urban Development for $7,232.72. This mortgage needs to either be paid in full and
released or subordinated to the loan modification agreement.
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Not sure where I can use the above, or even if I need to???
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Wow, I was just reading through the Fraudsters List on your site....ugh! Our bank (M&T Bank), the original attorney who filed the foreclosure on us (David J. Stern) and the present attorney for the bank (Ablitt |Scofield), are listed there...why do I feel like there's no hope with this....
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Factman



The Folly of Attacking Rather Than Embracing the Assignment Forgery: Harvey v. Deutsche Bank National Trust Company

http://ssgoldstar.websitetoolbox.com/post/The-Folly-of-Attacking-Rather-Than-Embracing-the-Assignment-Forgery-Harvey-v.-Deutsche-Bank-National-5374903?highlight=folly+attacking+embracing+assignment
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Factman
Michelle, re ur ? "....should I use this as an exhibit to my Affidavit,.."

re above post is for u.
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Factman
Michelle ~ I have alot of info that i could past on to you that is contained in this forms threads -- mostly from Roper -- I need to know ur time frame as I am quiet busy defending too -- but i want to help if it is 'time' possible -- will await ur response ---

goto ropers thread titled "Personal Knowledge, Hearsay, Conclusory Averments and the Best Evidence Rule" also his thread "On the Origins of the Business Records Exception To the Hearsay Rule" and " On the Origins of the Business Records Exception To the Hearsay Rule"

there is a gread education case out of nj that is a must read affidavits well actuall everything re foreclosure issues:  A Key NJ Decision: Bank of New York, N.A. v. Raftogianis  --- do a google scholar search there will be two separate decisions --- read the first one it contains alot of info that was subsequently removed from the final decision --- let me know if this help -- if yes and u have the timeframe i could post pleadings both civil and appellate arguments for u to review...
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Factman
google scholar using terms: affidavit opposition to motion for summary judgment foreclosure:

Frost v. Regions Bank

15 So. 3d 905 - Fla: Dist. Court of Appeals, 4th Dist., 2009 - Google Scholar
... a motion for summary judgment, along with an affidavit of indebtedness, an attorney's fee affidavit,
and the ... The Frosts did not file any papers or affidavits in opposition to the motion. ... The circuit court
then granted the bank's motion for summary judgment and entered a written final ...

Konsulian v. Busey Bank, NA

61 So. 3d 1283 - Fla: Dist. Court of Appeals, 2nd Dist., 2011 - Google Scholar
... In addition, Konsulian filed an affidavit in opposition to the summary judgment motion
contesting the amounts claimed by Busey. ... At the time of the summary 1285 judgment
hearing, the affirmative defenses were still viable. ...

Building Educ. Corp. v. Ocean Bank

982 So. 2d 37 - Fla: Dist. Court of Appeals, 3rd Dist., 2008 - Google Scholar
... of a hearing on a motion for summary judgment to allow the party to obtain affidavits or take
discovery in order to "present by affidavit facts essential to justify opposition" to the motion); cf. ...
These claims were not subject to the final summary judgment against Ocean Bank ...

Verizzo v. Bank of New York

28 So. 3d 976 - Fla: Dist. Court of Appeals, 2nd Dist., 2010 - Google Scholar
... On the date of the summary judgment hearing, Verizzo filed a memorandum in
opposition to the Bank's motion. ... On August 29, 2008, the trial court granted the motion
for summary judgment and entered a final judgment of foreclosure. ...

Leal v. DEUTSCHE BANK NAT. TRUST CO.

21 So. 3d 907 - Fla: Dist. Court of Appeals, 3rd Dist., 2009 - Google Scholar
... After the case had been pending for two months, the borrowers obtained counsel
who filed an answer and affirmative defenses. The Bank filed a motion for summary
judgment and the borrowers filed an affidavit in opposition. ...

Alejandre v. DEUTSCHE BANK TRUST CO.

44 So. 3d 1288 - Fla: Dist. Court of Appeals, 4th Dist., 2010 - Google Scholar
... In moving for summary judgment, Deutsche attached an affidavit stating that it had advanced
to Alejandre, and is owed by Alejandre, the sum of ... The bank filed a motion for summary judgment.
In opposition to that motion, the mortgagors did not file any papers or affidavits. ...

Olesh v. Greenberg

978 So. 2d 238 - Fla: Dist. Court of Appeals, 5th Dist., 2008 - Google Scholar
... that the trial court abused its discretion in refusing to consider Fernandes' affidavit on rehearing. ...
of the summary judgment motion failed to file anything in opposition to the ... in Fatherly's sworn
motion for rehearing would defeat California Federal's motion for summary judgment. ...

Goncharuk v. HSBC MORTG. SERVICES, INC.

62 So. 3d 680 - Fla: Dist. Court of Appeals, 2nd Dist., 2011 - Google Scholar
... affidavit. It set both the Goncharuks' motion to dismiss and its motion for summary
judgment for hearing in early May 2010. The Goncharuks did not file an affidavit
in opposition to the motion for summary judgment. A ...

E. Qualcom Corp. v. GLOBAL COMMERCE CENTER

59 So. 3d 347 - Fla: Dist. Court of Appeals, 4th Dist., 2011 - Google Scholar
... The affidavit attested that, according to industry standards, the plaintiff's gross revenues would
have ... on Qualcom's counterclaim, the trial court indicated that it was awarding summary judgment
in favor ... Procedure 1.510(c), any evidence on which it would rely in opposition to the ...

Sandoro v. HSBC BANK

55 So. 3d 730 - Fla: Dist. Court of Appeals, 2nd Dist., 2011 - Google Scholar
... While Mr. Sandoro's motion to dismiss was pending, Wells Fargo filed a motion for summary
judgment. Mr. Sandoro filed an affidavit in opposition to Wells Fargo's motion, contending, among
other things, that Wells Fargo failed to satisfy the condition precedent of providing a ...
Cited by 4 - How cited - Related articles

770 PPR, LLC v. TJCV Land Trust

30 So. 3d 613 - Fla: Dist. Court of Appeals, 4th Dist., 2010 - Google Scholar
... mortgagor was presented with the amount owed one week before foreclosure action). At no time
have the borrowers offered a contrary calculation of the monies owed; they merely contend, by
way of an affidavit in opposition to the bank's motion for summary judgment, that they ...

AC Holdings 2006, Inc. v. McCarty

985 So. 2d 1123 - Fla: Dist. Court of Appeals, 3rd Dist., 2008 - Google Scholar
... hearing on the motion, AC Holdings did not submit any affidavits or other documents in opposition
to the ... We do not know if the trial court considered the affidavit, but we believe that compelling
or exigent ... In Coffman Realty, the summary judgment effectively ended the litigation. ...

JP Morgan Chase v. New Millennial, LC

6 So. 3d 681 - Fla: Dist. Court of Appeals, 2nd Dist., 2009 - Google Scholar
... remedy of foreclosure. Obviously, a large part of the underlying litigation would have been avoided
if the assignment had been duly recorded, as is typically done. [4] In opposition to New Millennial
and BB & T's motion for summary judgment, JP Morgan filed the affidavit of Brian ...

Tribeca Lending Corp. v. REAL ESTATE DEPOT

42 So. 3d 258 - Fla: Dist. Court of Appeals, 4th Dist., 2010 - Google Scholar
... After learning about the deed, Real Estate Depot recorded an Affidavit of Fraudulent Deed in ... Real
Estate Depot filed a response in opposition to the motion for summary judgment ... After a hearing
on Tribeca's summary judgment motion, the trial court entered a Final Judgment of ...

Laurencio v. Deutsche Bank Nat. Trust Co.

65 So. 3d 1190 - Fla: Dist. Court of Appeals, 2nd Dist., 2011 - Google Scholar
... judgment on March 11, 2009, Laurencio's newly retained counsel filed a response in opposition
to summary ... On April 14, 2010, two days before the summary judgment hearing scheduled by
Deutsche Bank, Laurencio's ... [4] Laurencio also filed an affidavit specifically asserting ...

Woodrum v. Wells Fargo Mortg. Bank, NA

73 So. 3d 873 - Fla: Dist. Court of Appeals, 4th Dist., 2011 - Google Scholar
... trial court's entry of a final summary judgment of foreclosure in favor of Wells Fargo Mortgage
Bank, NA They argue that entry of summary judgment was error where the record did not refute
affirmative defenses raised by one of the Appellants in an affidavit in opposition to the ...

COUNTRY PLACE CMTY. v. JP Morgan Mortg.

51 So. 3d 1176 - Fla: Dist. Court of Appeals, 2nd Dist., 2010 - Google Scholar
... JP Morgan did not file any affidavits in opposition to Country Place's motion or otherwise respond
to it. ... Oddly, JP Morgan had filed an "Affidavit of Lost Original Instruments" after the entry of the
adverse summary judgment and about seven weeks before the hearing ...

Bryson v. Branch Banking and Trust Co.

75 So. 3d 783 - Fla: Dist. Court of Appeals, 2nd Dist., 2011 - Google Scholar
... In this case, the letters at issue were not admitted by the pleadings, nor were they accompanied
by an affidavit of a record custodian or other ... Finally, BB & T argues that it was entitled to summary
judgment because "Bryson did not file any affidavits in opposition or tender ...

Glarum v. LASALLE BANK NAT. ASS'N

83 So. 3d 780 - Fla: Dist. Court of Appeals, 4th Dist., 2011 - Google Scholar
... To establish the amount of appellants' indebtedness for summary judgment, LaSalle filed the
affidavit of ... Orsini claimed in the affidavit that appellants were in default of their payment ... In
opposition to the motion for summary judgment, appellants filed Orsini's deposition, wherein ...

CANDLER HOLDINGS v. Watch Omega Holdings

947 So. 2d 1231 - Fla: Dist. Court of Appeals, 1st Dist., 2007 - Google Scholar
... No public records are appended to either affidavit and no public records were introduced into
evidence below by Watch Omega. In his affidavit in opposition to the motion for summary judgment,
the principal of Candler Holdings, Asa G. Candler, disputes Watch Omega's ...
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Factman! Thank you! I will be looking at all those links. I have to file this on Friday this week. I did find a very nice doc :  http://www.scribd.com/doc/61324915/Response-to-Motion-for-Summary-Judgment-of-Foreclosure-Florida

Which I am working with now, I just need to work on the sections to strike the affidavits, I've attached those here, highlighting the points that I believe I can have them stricken by. If you have a chance, and are willing to scan them over and see if there are any points that I am missing that are important, I would be very grateful. Once I complete the motion, I want to upload it for others to use : ) as thanks for all the help I have received and if the owners of the website need a web designer, I would be willing to help out there as well  Thanks again! Michlle --- Shoot, its a pdf file... : ( will have to convert....
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Uploaded to my website: 

http://digitalgenerationwebdesign.com/misc/Affidavits%20from%20M&T
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Factman
Michelle -- download adobe reader -- they have a companion program that allows you to auto convert to word or other format -- it is a nominal cost well worth it saves a ton of time ----
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Yes, I have Adobe Acrobat...just finished a first draft...will be posting to new topic : )
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