On June 14, 2016 a
was filed
involving a dispute between
Federal National Mortgage Association,
and
Cox, Cynthia R.,
Cox, David J.,
Rundos Equity, Llc,
Suncoast Schools Federal Credit Union,
Unknown Tenant In Possession Of The Subject Property,
Washington Federal Savings And Loan Association Successor By Merger To First Mutual Bank,
for Homestead Residential Foreclosure 50,001 - 250,000
in the District Court of Charlotte County.
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Filing # 47965617 E-Filed 10/23/2016 03:38:34 PM
IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT
OF FLORIDA, IN AND FOR CHARLOTTE COUNTY
Case No.: 16-CA-1066
FEDERAL NATIONAL MORTGAGE ASSOCIATION
Plaintiff,
VS.
CYNTHIA COX,
RUNDOS EQUITY, LLC et al
Defendants.
/
MOTION TO DISMISS AMENDED COMPLAINT
COMES NOW, Defendant Rundos Equity, LLC, by and through the undersigned
counsel, files this motion to dismiss and states:
1 This Action was filed on June 14, 2016 by the Federal National Mortgage
Association (Hereinafter FNMA).
The Plaintiff claims to be the holder of the original Note secured by the
Mortgage.
As an Exhibit to Plaintiffs Complaint, Plaintiff has attached a copy of a
Note, signed by the borrowers, to Coldwell Banker Mortgage.
This Note contains a blank indorsement, signed by Janice Grant, Assistant
Vice President of PHH Mortgage Corporation.
Since the indorsement is not signed by Coldwell Banker Mortgage, this
indorsement is void, and has failed to transfer any interest to the Plaintiff.
Plaintiff has also attached a copy of a document entitled, “Short Form
Standing” which attempts to illustrate that PHH Mortgage Corporation has
several previous or alternate names, one of which is Coldwell Banker
Mortgage. The Plaintiff fails to give any explanation of this document within
the Complaint. This document does not provide when PHH Mortgage
Corporation was known as Coldwell Banker Mortgage, whether Coldwell
Banker Mortgage still exists as a separate legal entity, and also fails to
provide any information about the Alternate Name use whatsoever. This
document, in and of itself, is insufficient to confer standing upon the PHH
Mortgage Corporation to indorse the Note.
WHEREFORE, Defendant Rundos Equity, LLC respectfully requests this Court
dismiss Plaintiff's Complaint with prejudice.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing has been furnished by email
this day 22™ day of October 2016, to
Choice Legal Group, PA
P.O. Box 8808
Ft. Lauderdale, FL 33310-0908
eservice@clegalgroup.com
Respectfully submitted,
Law Offices of Michele S. Belmont, PA
By: /s/ Michele S$. Belmont
Michele Belmont
Florida Bar No. 52001
8660 College Parkway, #180
FORT MYERS, FL 33919
Tel. (239) 848-6552
Fax (239) 283-0476
E-Mail: michele@belmontesq.com
Document Filed Date
November 02, 2023
Case Filing Date
June 14, 2016
Category
Homestead Residential Foreclosure 50,001 - 250,000
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Filing # 47965617 E-Filed 10/23/2016 03:38:34 PM IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR CHARLOTTE COUNTY Case No.: 16-CA-1066 FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff, VS. CYNTHIA COX, RUNDOS EQUITY, LLC et al Defendants. / MOTION TO DISMISS AMENDED COMPLAINT COMES NOW, Defendant Rundos Equity, LLC, by and through the undersigned counsel, files this motion to dismiss and states: 1 This Action was filed on June 14, 2016 by the Federal National Mortgage Association (Hereinafter FNMA). The Plaintiff claims to be the holder of the original Note secured by the Mortgage. As an Exhibit to Plaintiffs Complaint, Plaintiff has attached a copy of a Note, signed by the borrowers, to Coldwell Banker Mortgage. This Note contains a blank indorsement, signed by Janice Grant, Assistant Vice President of PHH Mortgage Corporation. Since the indorsement is not signed by Coldwell Banker Mortgage, this indorsement is void, and has failed to transfer any interest to the Plaintiff. Plaintiff has also attached a copy of a document entitled, “Short Form Standing” which attempts to illustrate that PHH Mortgage Corporation has several previous or alternate names, one of which is Coldwell Banker Mortgage. The Plaintiff fails to give any explanation of this document within the Complaint. This document does not provide when PHH Mortgage Corporation was known as Coldwell Banker Mortgage, whether Coldwell Banker Mortgage still exists as a separate legal entity, and also fails to provide any information about the Alternate Name use whatsoever. This document, in and of itself, is insufficient to confer standing upon the PHH Mortgage Corporation to indorse the Note. WHEREFORE, Defendant Rundos Equity, LLC respectfully requests this Court dismiss Plaintiff's Complaint with prejudice. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing has been furnished by email this day 22™ day of October 2016, to Choice Legal Group, PA P.O. Box 8808 Ft. Lauderdale, FL 33310-0908 eservice@clegalgroup.com Respectfully submitted, Law Offices of Michele S. Belmont, PA By: /s/ Michele S$. Belmont Michele Belmont Florida Bar No. 52001 8660 College Parkway, #180 FORT MYERS, FL 33919 Tel. (239) 848-6552 Fax (239) 283-0476 E-Mail: michele@belmontesq.com