On November 28, 2012 a
Motion,Ex Parte
was filed
involving a dispute between
U S Bank Na,
and
Friona, Gina,
Friona, Philip,
Jpmorgan Chase Bank Na,
for Real Prop Homestead Res Fore =/>$250,000
in the District Court of Broward County.
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Filing # 27191822 E-Filed 05/12/2015 03:03:25 PM
IN THE CIRCUIT COURT OF THE 17™
JUDICIAL CIRCUIT IN AND FOR BROWARD
COUNTY, FLORIDA
CASE NO.: CACE12033042
SECTION: 11
US BANK NATIONAL ASSOCIATION, AS TRUSTEE,
SUCCESSOR IN INTEREST TO WACHOVIA BANK,
NATIONAL ASSOCIATION, AS TRUSTEE FOR CHASE
MORTGAGE FINANCE TRUST SERIES,
Plaintiff,
vs.
GINA FRIONA and PHILIP FRIONA, et al.
Defendant.
MOTION TO DISMISS AMENDED COMPLAINT
The Defendants, GINA FRIONA and PHILIP FRIONA, by and through their
undersigned counsel, file this Motion to Dismiss Amended Complaint filed herein, and as
grounds therefore, allege:
1. The Complaint fails to state a cause of action upon which relief can be granted.
2. The Plaintiff lacks standing in that:
a. The Corrective Assignment of Mortgage was not executed until January 16, 2015,
which was after the action herein was filed. Plaintiff cannot after acquire
standing.
b. The Allonge attached to the Note dated April 22, 2005 is from JP Morgan Chase
Bank, N.A., to Chase Home Finance, LLC.
c. The Allonge attached to the Note dated April 25, 2005 is from Chase Home
Finance, LLC to Wachovia Bank, N.A., as trustee for Chase. Said Allonge does
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 5/12/2015 3:03:24 PM.****not name which trust Wachovia Bank, N.A. is acting as trustee for, nor does it
show that “Chase” is in fact “Chase Mortgage Finance Trustee, Series 2005-2”.
WHEREFORE, Defendants move this Honorable Court to Dismiss the Amended
Complaint filed herein and to award attorney’s fees.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the above was e-served this 12" day of May,
2015 to Gabrielle M. Gutt, Esq., SHD Legal Group, P.A., P.O. Box 11438, Fort Lauderdale,
Florida 33339-1438 Email: answers(@shdlegalgroup.com
NEUSTEIN LAW GROUP, P.A.
Attorneys for Defendants
18305 Biscayne Boulevard, Suite 250
Aventura, Florida 33160
T: (305) 531-2545 F: (305) 531-2365
E-Mail 1: NUGLaw@yahoo.com
Email 2: Michele@NeusteinLaw.com
By: [el Wécole R. Woshowety
Nicole R. Moskowitz
Florida Bar No: 56570
Document Filed Date
May 12, 2015
Case Filing Date
November 28, 2012
Category
Real Prop Homestead Res Fore =/>$250,000
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Filing # 27191822 E-Filed 05/12/2015 03:03:25 PM IN THE CIRCUIT COURT OF THE 17™ JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE12033042 SECTION: 11 US BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO WACHOVIA BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR CHASE MORTGAGE FINANCE TRUST SERIES, Plaintiff, vs. GINA FRIONA and PHILIP FRIONA, et al. Defendant. MOTION TO DISMISS AMENDED COMPLAINT The Defendants, GINA FRIONA and PHILIP FRIONA, by and through their undersigned counsel, file this Motion to Dismiss Amended Complaint filed herein, and as grounds therefore, allege: 1. The Complaint fails to state a cause of action upon which relief can be granted. 2. The Plaintiff lacks standing in that: a. The Corrective Assignment of Mortgage was not executed until January 16, 2015, which was after the action herein was filed. Plaintiff cannot after acquire standing. b. The Allonge attached to the Note dated April 22, 2005 is from JP Morgan Chase Bank, N.A., to Chase Home Finance, LLC. c. The Allonge attached to the Note dated April 25, 2005 is from Chase Home Finance, LLC to Wachovia Bank, N.A., as trustee for Chase. Said Allonge does *** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 5/12/2015 3:03:24 PM.****not name which trust Wachovia Bank, N.A. is acting as trustee for, nor does it show that “Chase” is in fact “Chase Mortgage Finance Trustee, Series 2005-2”. WHEREFORE, Defendants move this Honorable Court to Dismiss the Amended Complaint filed herein and to award attorney’s fees. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the above was e-served this 12" day of May, 2015 to Gabrielle M. Gutt, Esq., SHD Legal Group, P.A., P.O. Box 11438, Fort Lauderdale, Florida 33339-1438 Email: answers(@shdlegalgroup.com NEUSTEIN LAW GROUP, P.A. Attorneys for Defendants 18305 Biscayne Boulevard, Suite 250 Aventura, Florida 33160 T: (305) 531-2545 F: (305) 531-2365 E-Mail 1: NUGLaw@yahoo.com Email 2: Michele@NeusteinLaw.com By: [el Wécole R. Woshowety Nicole R. Moskowitz Florida Bar No: 56570