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 # 43403005 E-Filed 06/29/2016 05:35:45 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
COMES NOW, Defendant Rundos Equity, LLC, by and through the undersigned
counsel, files this motion to dismiss and states:
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 Plaintiff's 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.
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 29th of June, 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$. Belmont
Michele Belmont
Florida Bar No. 52001
8660 College Parkway, #180
FORT MYERS, FL 33919
Tel. (239) 848-6552
Fax (239) 283-0476
E-Mail: michele@belmontesq.com
Document Filed Date
November 02, 2023
Case Filing Date
June 14, 2016
Category
Homestead Residential Foreclosure 50,001 - 250,000
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Filing # 43403005 E-Filed 06/29/2016 05:35:45 PM IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR CHARLOTTE COUNTY Case No.: 16-CA-1066 FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff, VS. CYNTHIA COX, RUNDOS EQUITY, LLC et al Defendants. / MOTION TO DISMISS COMES NOW, Defendant Rundos Equity, LLC, by and through the undersigned counsel, files this motion to dismiss and states: This Action was filed on June 14, 2016 by the Federal National Mortgage Association (Hereinafter FNMA). The Plaintiff claims to be the holder of the original Note secured by the Mortgage. As an Exhibit to Plaintiff's Complaint, Plaintiff has attached a copy of a Note, signed by the borrowers, to Coldwell Banker Mortgage. This Note contains a blank indorsement, signed by Janice Grant, Assistant Vice President of PHH Mortgage Corporation. Since the indorsement is not signed by Coldwell Banker Mortgage, this indorsement is void, and has failed to transfer any interest to the Plaintiff. WHEREFORE, Defendant Rundos Equity, LLC respectfully requests this Court dismiss Plaintiff's Complaint with prejudice. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing has been furnished by email this day 29th of June, 2016, to Choice Legal Group, PA P.O. Box 8808 Ft. Lauderdale, FL 33310-0908 eservice@clegalgroup.com Respectfully submitted, Law Offices of Michele S. Belmont, PA By: /s/ Michele S$. 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