Ann, there is no assignment of mortgage for my loan on record.
No promissory note was attached to Plaintiff’s Complaint.
No assignment of the subject mortgage was attached to Plaintiff’s Complaint.*** I was not properly served and did not waive my right to be served ***
Inconsistencies between the allegations of material fact within the complaint and the content of the documents attached presents conflict within the complaint itself and a present uncertainty as to the real party in interest to prosecute a foreclosure.
In Florida, a party is not entitled to maintain an action to foreclose a mortgage that secures a promissory note unless that party holds the note and owns the mortgage. Your Constr. Ctr., Inc. v. Gross, 316 So. 2d 596 (Fla. 4th DCA 1975).
Plaintiff's failed to comply with Rule 1.130 which obligates it to attach:
a) a promissory note executed or endorsed in favor of the Plaintiff; or endorsed in blank, and,
b) a document evidencing its right to enforce the promissory note pursuant to a Mortgage on the subject real property.
The Plaintiff’s foreclosure action should be dismissed for Plaintiff’s failure to comply with requirements of Fla.R.Civ.P 1.130(a).
This is being ignored though in most court rooms, no need to comply with rules and laws....carry on!!!