Motion,Ex Parte: WELLS FARGO BANK NA Plaintiff vs Moreno, Alcides et al Defendant

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                                Filing # 35933568 E-Filed 12/28/2015 02:19:58 PM

IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND
FOR LEE COUNTY, FLORIDA CIVIL ACTION

WELLS FARGO BANK N.A.,

VS.

Plaintiff(s),
CASE NO:2015-CA-51285

ALCIDES MORENO et al.,

Defendant(s).
/

DEFENDANTS’ MOTION TO DISMISS, MOTION TO ABATE, MOTION FOR

MORE DEFINITE STATEMENT, AND DEMAND FOR
ATTORNEYS FEES AND COSTS

COME NOW the Defendants ALCIDES MORENO and DEBORA MORENO,

by and through their undersigned attorney, who file thistheir Defendants’ Motion to

Dismiss or Abate, Motion for More Definite Statement and Demand for Attorneys Fees

and Costs, and in support thereof would show this Honorable Court as follows:

1.

Plaintiff WELLS FARGO is a foreign entity and is required to file a bond
pursuant to F.S. 57 et seq.

Said Plaintiff has not filed the requisite bond as required by statute.

Plaintiff is prohibited from moving forward with a civil action until such time as
the bond is filed, and the action is subject to dismissal sua sponte by this Court.
Based on Plaintiff's failure to comply with the statute and the condition
precedent, this action should be dismissed by this Honorable Court, or in the
alternative, abated.

Additionally, the “Certification of Possession of Original Promissory Note” is not
in compliance with Fla.R.Civ.P. 1.115 (c) which requires that “The certification

must set forth the location of the note...”

eFiled Lee County Clerk of Courts Page 16. Certification fails to identify the location of the note, merely stating a city where
it is located and not specifying its location.

7. Also, the purported “certification” states that she verified Wells Fargo’s
possession “directly or through an agent” and thus fails to verify that she actually
did verify either that Plaintiff itself had the note, or that she herself actually
verified and viewed the note.

8. It appears on its fact that the certification is not in compliance with the rule as the
attestations are ambiguous, that the location is not attested to, and that the alleged
certifier may have used an agent and did not actually view the note as required.

9. The Defendants have employed the undersigned attorney and agreed to pay a
reasonable attorneys fee, and move this Court for an Order awarding attorneys
fees to Defendant under the reciprocal terms of the attached note and mortgage.

WHEREFORE, Defendants move this Honorable Court for an Order dismissing this

action, or abating, or in the alternative seeking a more definite statements, and an award

to attorneys fees, and such other relief as this Honorable Court deems appropriate.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing has been sent by email
service to attorney for Plaintiff Athma Birju, Esq. , for Aldridge Pite LLP, at
servicemail@aldridgepite.com on this 27th. day of December 2015.

/s/ Bradley Lan;
BRADLEY LANG, ESQUIRE

FBN 085650

Attorney for Defendants

P.O. Box 834

Naples, FL 34106

(239) 963-7325
attorneybradleylang@reagan.com

eFiled Lee County Clerk of Courts Page 2