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Hi, 
I was wondering if any one has a link or something for a first Motion to Strike Affidavit based on heresay, and Failing to Attach Documents to the Affidavit. I have a copy of what you can find online, for HSBC/C. Spradling, but I have 4 affidavits to strike. Anyone also know if I can strike all of their affidavits in one motion, or must they be separated?
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?
Hearsay because the affidavits are not authenicated?
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Factman
google scholar searach terms: motion to strike affidavit foreclosure resulted in the following -- under state = florida:

Glarum v. LASALLE BANK NAT. ASS'N

83 So. 3d 780 - Fla: Dist. Court of Appeals, 4th Dist., 2011 - Google Scholar
... the trial court was distressed by appellants' counsel's habit of filing "the same affidavit in ten
different cases, when [Lord] hasn't seen the documents in this case." The court awarded LaSalle
its reasonable attorney's fees for having to file a motion to strike Lord's affidavit. ...

GLARUM v. LaSALLE BANK NATIONAL ASSOCIATION

Fla: Dist. Court of Appeals, 4th Dist., 2011 - Google Scholar
... the trial court was distressed by appellants' counsel's habit of filing "the same affidavit in ten
different cases, when [Lord] hasn't seen the documents in this case." The court awarded LaSalle
its reasonable attorney's fees for having to file a motion to strike Lord's affidavit. ...

Weisenberg v. DEUTSCHE BANK NATIONAL TRUST COMPANY

Fla: Dist. Court of Appeals, 4th Dist., 2012 - Google Scholar
... After deposing Stevens, appellants moved to strike her affidavit, claiming she did not have
sufficient personal knowledge of the matters sworn to in the affidavit. The trial court denied
the motion to strike and entered a final judgment of foreclosure. ...

Roach v. TOTALBANK

Fla: Dist. Court of Appeals, 4th Dist., 2012 - Google Scholar
... The affidavit of one of the guarantors also denied the default based on the extension of time and
the verbal agreement of the parties. ... Upland Dev. of Cent. Fla., Inc. v. Bridge, 910 So. 2d 942, 944
(Fla. 5th DCA 2005). "In ruling upon a motion to strike, the trial court must resolve ...

GLARUM v. LASALLE BANK NATIONAL ASSOCIATION

Fla: Dist. Court of Appeals, 4th Dist., 2011 - Google Scholar
... the trial court was distressed by appellants' counsel's habit of filing "the same affidavit in ten
different cases, when [Lord] hasn't seen the documents in this case." The court awarded LaSalle
its reasonable attorney's fees for having to file a motion to strike Lord's affidavit. ...

Good v. DEUTSCHE BANK NATIONAL TRUST COMPANY

Fla: Dist. Court of Appeals, 4th Dist., 2012 - Google Scholar
... Deutsche Bank moved to strike the affirmative defenses. The trial court declined to strike the first
two affirmative defenses. ... Appellants chose not to pursue the counterclaim under FDUTPA.
Deutsche Bank filed a motion for summary judgment with a supporting affidavit. ...

PARROT COVE MARINA v. DUNCAN SEAWALL DOCK

978 So. 2d 811 - Fla: Dist. Court of Appeals, 2nd Dist., 2008 - Google Scholar
... Even if the affidavit were more specific in asserting Parrot Cove's lack of actual notice of trial,
the trial court did not abuse its discretion in rejecting Parrot Cove's argument regarding lack of
notice — legally ... The trial court denied Parrot Cove's motion to strike Duncan's request ...

Shniderman v. FITNESS INNOVATIONS AND TECHNOLOGIES, INC.

994 So. 2d 508 - Fla: Dist. Court of Appeals, 4th Dist., 2008 - Google Scholar
... of Civil Procedure 1.380(a)(4), which applies to expenses resulting from a motion to compel ... Mr.
Shniderman convinced Judge Wessel to default the Grillos and strike their pleadings. ... For example,
the affidavit filed by Mr. Shniderman and signed by Mr. Augustine on February 12 ...

Pino v. Bank of New York Mellon

57 So. 3d 950 - Fla: Dist. Court of Appeals, 4th Dist., 2011 - Google Scholar
... of the Code of Professional Responsibility for filing the complaint with the alleged false affidavit
is in ... Defendants moved under rule 1.420 [7] to strike the voluntary dismissal, arguing that earlier
in the case ... rights in the outcome of [the] matter by the filing of the motion for summary ...

SHNIDERMAN v. FITNESS INNOVATIONS AND TECHNOLOGIES, INC.

Fla: Dist. Court of Appeals, 4th Dist., 2008 - Google Scholar
... Not final until disposition of timely filed motion for rehearing ... Mr. Shniderman convinced Judge
Wessel to default the Grillos and strike their pleadings ... For example, the affidavit filed by Mr.
Shniderman and signed by Mr. Augustine on February 12, 2004, re-asserted under oath that ...
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Do them all in one motion and request a 15-Minute hearing.
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Reed
Depending upon the jurisdiction, sometimes a written Objection to the affidavit is better than a motion to strike.  You need to carefully read the Rules of Evidence for your jurisdiction.  You also need to carefully read the Rules of Civil Procedure and particularly Rule 56 (or your state's equivalent) as to what is required as summary judgment proof.  Also, be sure to take a look at Mr. Roper's posts on evidentiary issues.
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Thank you Reed, I will do that. I'm in FL and have been working with a doc that was used in a case here....but I, yes, need to check the rules about using the title search. I seems to me that if the bank sent it to us, that we can use it. Just not sure...will check tho...

Thanks again, Michelle
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