On October 25, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
Compu-Link Corporation Of Mi,
and
Sotolongo, Julio C,
United States Of America,
for RPMF -Homestead
in the District Court of Miami-Dade County.
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Filing # 138943923 E-Filed 11/21/2021 02:26:46 PM
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
OF THE STATE OF FLORIDA, IN AND FOR
MIAMI-DADE COUNTY, CIVIL ACTION
COMPU-LINK CORPORATION OF DIVISION: CIVIL
MI, CASE NO (Local): 2021-023756-CA-01
Plaintiff,
vs.
JULIO C. SOTOLONGO; UNKNOWN
SPOUSE OF JULIO C. SOTOLONGO;
UNITED STATES OF AMERICA,
ACTING ON BEHALF OF THE
SECRETARY OF HOUSING AND
URBAN DEVELIPMENT,
Defendants,
______________________________________/
MOTION TO DISMISS
Come(s) now the Defendant, JULIO C. SOTOLONGO (the “Defendant”), by and
through undersigned counsel, and does hereby file this Motion to Dismiss, and states as follows:
1. On October 25th, 2021, Plaintiff filed the Complaint in this action.
2. Plaintiff’s Complaint should be dismissed for lack of standing and failure to state a
cause of action.
LACK OF STANDING
3. In its Complaint, Plaintiff attaches a copy of the note and mortgage on which its
foreclosure action is based.
4. Neither the note or mortgage name Plaintiff as the Lender, and Plaintiff fails to attach
include a chain of endorsements, blank or otherwise, in favor of Plaintiff.
5. Itis apparent from the four corners of the Complaint that Plaintiff lacks standing to
foreclose on Defendant’s interest in the subject property.
FAILURE TO STATE A CAUSE OF ACTION
6. Plaintiff fails to allege anywhere its Complaint that Defendant breached the
promissory note.
7. As such, Plaintiff fails to state a cause of action for which it can foreclose on
Defendant’s interest in the subject property.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 21st day of November, 2021, at the time reflected on
the Clerk of Court watermark above, a true and correct copy of the foregoing was filed
electronically and served by E-mail via the Florida Courts E-Filing Portal, and/or U.S. Mail, on
all requisite parties.
Date: 11/21/2021 Respectfully submitted,
Marrero, Chamizo, Marcer Law LP
Counsel for Defendant, Julio C. Sotolongo
3850 Bird Road, Penthouse One
Miami, Florida 33146
Telephone (305) 446-0163
Facsimile (305) 444-5538
By: /s/ David T. Valero, Esq.
David T. Valero, Esq.
Florida Bar No. 1030849
dvalero@marrerolawfirm.com
forservice@marrerolawfirm.com
2
Document Filed Date
November 21, 2021
Case Filing Date
October 25, 2021
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Filing # 138943923 E-Filed 11/21/2021 02:26:46 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR MIAMI-DADE COUNTY, CIVIL ACTION COMPU-LINK CORPORATION OF DIVISION: CIVIL MI, CASE NO (Local): 2021-023756-CA-01 Plaintiff, vs. JULIO C. SOTOLONGO; UNKNOWN SPOUSE OF JULIO C. SOTOLONGO; UNITED STATES OF AMERICA, ACTING ON BEHALF OF THE SECRETARY OF HOUSING AND URBAN DEVELIPMENT, Defendants, ______________________________________/ MOTION TO DISMISS Come(s) now the Defendant, JULIO C. SOTOLONGO (the “Defendant”), by and through undersigned counsel, and does hereby file this Motion to Dismiss, and states as follows: 1. On October 25th, 2021, Plaintiff filed the Complaint in this action. 2. Plaintiff’s Complaint should be dismissed for lack of standing and failure to state a cause of action. LACK OF STANDING 3. In its Complaint, Plaintiff attaches a copy of the note and mortgage on which its foreclosure action is based. 4. Neither the note or mortgage name Plaintiff as the Lender, and Plaintiff fails to attach include a chain of endorsements, blank or otherwise, in favor of Plaintiff. 5. Itis apparent from the four corners of the Complaint that Plaintiff lacks standing to foreclose on Defendant’s interest in the subject property. FAILURE TO STATE A CAUSE OF ACTION 6. Plaintiff fails to allege anywhere its Complaint that Defendant breached the promissory note. 7. As such, Plaintiff fails to state a cause of action for which it can foreclose on Defendant’s interest in the subject property. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 21st day of November, 2021, at the time reflected on the Clerk of Court watermark above, a true and correct copy of the foregoing was filed electronically and served by E-mail via the Florida Courts E-Filing Portal, and/or U.S. Mail, on all requisite parties. Date: 11/21/2021 Respectfully submitted, Marrero, Chamizo, Marcer Law LP Counsel for Defendant, Julio C. Sotolongo 3850 Bird Road, Penthouse One Miami, Florida 33146 Telephone (305) 446-0163 Facsimile (305) 444-5538 By: /s/ David T. Valero, Esq. David T. Valero, Esq. Florida Bar No. 1030849 dvalero@marrerolawfirm.com forservice@marrerolawfirm.com 2