Motion to dismiss foreclosure florida4/10/2024 ![]() ![]() ![]() Leigh, Esq., 5150 Tamiami Trail, North, Suite 501, Naples, FL 34103 and David Brian Levin, Esq., Adorno & Yoss LLP, 2525 Ponce de Leon Blvd Ste 400, Miami, Florida 33134-6044.Ģ100 East Hallandale Beach Blvd./Suite 200īy_ĪLAN D. Pine Island Road, Suite 400, Plantation, FL 33324-3920 David E. IT IS HEREBY CERTIFIED that on March 26, 2010, a true and correct copy of the foregoing was faxed and mailed to: Michael J. WHEREFORE, Defendants, D.O., respectfully request that this Court enter an order granting this Motion to Dismiss Complaint. Palm Beach County Canvassing Board, 772 So. The Bank of New York, 2010 WL 711862 (Fla. As a result of the pleading deficiencies, the complaint should be dismissed, either because of a repugnancy created by the complaint and the exhibits, or because the complaint fails to allege sufficient ultimate facts to show Plaintiff’s standing to bring the action. There was also no promissory note attached to the complaint and no assignment of the note associated with this foreclosure action proving that the Plaintiff had standing to enforce the note and bring this action. The complaint, therefore, fails to comply with Rule 1.130, Fla. The mortgage attached to the complaint shows the lender to be an entity different from the Plaintiff and there is no valid assignment attached to the complaint. ![]() The Defendants, D.O., by and through undersigned counsel, file this Motion to Dismiss Complaint as follows:ġ. Home – Foreclosure Defense – Pleadings Main Index Motion to Dismiss ComplaintĭEUTSHCE BANK NATIONAL TRUST CASE NO: 07-xxxx-CAĭEFENDANTS’, D.O.’S, MOTION TO DISMISS COMPLAINT ![]()
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