Foreclosure Defense Florida

Who Can Verify Complaints? Will The Supreme Court's Orders Be Followed?

During the drafting of this Response, undersigned counsels noticed something curious about the appendix filed by U.S. BANK NATIONAL ASSOCIATION, ET AL. (“Petitioner”). Specifically, Document 3, which claims to be the foreclosure complaint filed in this matter, contained a copy ofthe alleged promissory note which contained two endorsements on it. This struck undersigned counsels as incorrect because they remembered the complaint which existed in the court file did not contain a copy ofthe note attached to it. In fact, the absence of a note endorsed in blank attached to the complaint was one of the many reasons the trial court dismissed the complaint with leave to amend.
On February 6, 2012 undersigned counsel reviewed the court file. As suspected, the complaint filed in this case does not contain a copy of the alleged note with endorsements affixed. Indeed, no note is attached to the complaint whatsoever. A true and correct copy of the complaint as found in the court file is attached hereto as Exhibit “1”.
The crux of Petitioner’s petition is its absolute unwillingness to verify the amended complaint as required by the trial court. Instead, Petitioner wishes to delegate this duty to a “servicing” agent. Undersigned counsels respectfully submit that Petitioner’s improper filing of what it claimed to be the complaint exemplifies exactly why it rather than its servicing agent, should be charged with
verifying the amended complaint. Moreover, undersigned counsels also respectfully submit that this improper filing is grounds for dismissal or denial of the petition.
Response Brief

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