Motion,Ex Parte: U.S. Bank National Association Plaintiff vs. Calvin J Watson, et al Defendant

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                                Filing # 33840427 E-Filed 10/29/2015 02:16:41 PM

IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO.: CACE15013618 (11)

U.S. BANK NATIONAL ASSOCIATION, AS

TRUSTEE FOR MASTR ASSET BACKED

SECURITIES TRUST 2006-WMC4 MORTGAGE

PASS-THROUGH CERTIFICATES SERIES

2006-WMC4

Plaintiff,
vs.

CALVIN J. WATSON a/k/a CALVIN JOSEPH WATSON
and CARLA P. ANTHONY-WATSON, et al.,

Defendant(s).

MOTION FOR MORE DEFINITE STATEMENT
COME NOW Defendant CALVIN J. WATSON a/k/a CALVIN JOSEPH WATSON and
CARLA P. ANTHONY-WATSON, and pursuant to Rules 1.110(b), 1.130, 1.140(e) and 1.210(a),
Fla.R.Civ.
1. Effective February 11, 2010, Florida Rule of Civil Procedure 1.110(b) requires that a complaint

   

file this motion for more definite statement, and state:

to foreclose a mortgage on residential property be verified. In re Amendments to Fla. R. Civ. P.,
44 So. 3d 555 (Fla. 2010).
Plaintiffs complaint is not verified by Plaintiff. Instead, Plaintiff's complaint is verified by

Nv

Select Portfolio Servicing, Inc. as Attorney in Fact for Plaintiff.

3. Plaintiff has not filed any evidence, specifically a servicer agreement or power of attorney,
supporting the proposition that Select Portfolio Servicing, Inc. is authorized to verify the
complaint on behalf of Plaintiff. See U.S. Bank Nat'l Ass'n v. Marion, Case No. 2D12-2258 (Fla.
2nd DCA 2013), in reversing an order of dismissal and approving servicer verification, the Court
held: “Thus, although we reverse this order, we are not holding that a trial court lacks the
authority to require a plaintiff in a foreclosure action to provide additional information
conceming the person signing the verification. Likewise, we do not decide whether the trial court
may require that the person signing the verification be within or otherwise submit to the
jurisdiction of the court.”

4. In Deutsche Bank Nat'l Trust Co. v. Prevratil, Case No. 2D 12-2030 (Fla. 2nd DCA 2013), in
response to a motion to dismiss based on servicer verification, Deutsche Bank filed a copy of the

power of attorney appointing SPS its attorney in fact in connection with all mortgage loans

** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 10/29/2015 2:16:41 PM.****serviced by SPS. In allowing servicer verification of the complaint, the Court noted that the
power of attorney predated the filing of the complaint and that the power of attorney specifically
allowed SPS to act as Deutsche Bank's attorney in fact.

5. Plaintiff in this matter has not attached any document to its complaint demonstrating that Select
Portfolio Servicing, Inc. is authorized to verify the complaint on Plaintiff's behalf.

6. Select Portfolio Servicing, Inc. relies on nothing more than its own allegation to support its
proposition that it is authorized to verify the complaint on behalf of Plaintiff. This is insufficient
evidence to prove that authority. See Elston/Leetsdale, LLC v. CWCapital Asset Mgmt. LLC , 87
So.3d 14, (Fla. 4th DCA 2012).

WHEREFORE, Defendants respectfully request this court order Plaintiff to make its Complaint
more definite and certain in the particulars indentified above, and such other and further relief as this

Court deems equitable.

CERTIFICATE OF SERVICE
I CERTIFY that a copy of the foregoing was served on October 29, 2015 to all parties on the list
to receive e-mail service for this case via the Florida Courts E-Filing Portal (which is incorporated herein

by reference).

C. Anthony Rumore, P.A.

Attorney for Defendant

515 Southwest Ist Avenue

Fort Lauderdale, FL 33301

PH: 954-942-2414

FX: 954-942-2415

Service email: pleadings @rumorelaw com
Hearing coordination: Japrea’@rumorelay .com

 

  

LOR

  

By: = Z onan
[ ] C. Anthony Rumore, FL Bar No.: 133388
[X] Steven R. Serra, FL Bar No.: 132322